WorldWideScience

Sample records for legal illegal law

  1. Legal and Illegal Colours

    DEFF Research Database (Denmark)

    Larsen, John Christian

    2008-01-01

    opinions on food additives, including colours, and on the bioavailability and safety of nutrient sources. The WG ADD consists of several members from the AFC Panel together with selected external experts. The draft opinions go forward to the AFC Panel for discussion and final adoption. The adopted opinions......://www.efsa.europa.eu/EFSA/efsa_locale-1178620753812_1178620761956.htm. Accessed 12.05.08.] this paper only deals with some of the major issues that the Panel has faced in relation to the use of food colours. The three topics to be dealt with are (1) evaluation of illegal colours in food in the EU (EFSA, 2005), (2) re-evaluation of the authorised...... food colours in the EU (ongoing, but one opinion on Red 2G has been published; EFSA, 2007), and (3) evaluation of 'the Southampton study' on hyperactivity in children after intake of food colours (and sodium benzoate) (ongoing at the time of this presentation, but an opinion has now been published...

  2. Legal and Illegal Tax Evasion

    Directory of Open Access Journals (Sweden)

    Marcel Suvelea

    2013-12-01

    Full Text Available In the economic and social plan, tax evasion is a reality seen in various forms, such as the keeping of not realistic accounting books; willful destruction of documents that might lead to the discovery of real product deliveries, adopted prices, fees received or paid, establishing false customs declarations for the goods import or export, preparing false tax declarations, while knowingly not mentioning but a portion of the incomes. The largest tax evasion - 60% - is generated from VAT, while social contributions generate approximately 24% of the total fiscal evasion, mainly through the phenomenon of “illegal work” (employees in the underground economy. For this purpose it is necessary a deep reform of the taxes administration, mainly in the direction of increasing the degree of tax collection. The phenomenon as a whole is very difficult to control and to quantify and to this contribute also the tax laws’ peculiarities, tax policies, corruption and the standard of living

  3. 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.

  4. 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.

  5. Illegal oral care: more than a legal issue.

    Science.gov (United States)

    Benzian, Habib; Jean, Joanes; van Palenstein Helderman, Wim

    2010-12-01

    Affordable, safe and appropriate oral care, including preventive services, is not available for large parts of the world's population. In many low- and middle-income countries patients have to rely on a range of illegal oral care providers who are often socially accepted and part of the cultural context. Although filling a gap in service provision for poor populations, illegal provision of oral care is a serious public health problem, resulting in situations of low-quality care and risks for patients. It is a complex phenomenon going far beyond the legal context. It should be seen as a symptom of underlying health system and society deficits, ranging from lack of access to care and health inequities to problems of governance and law-enforcement. This paper analyses the problem based on the country case of Guyana, explores the public health, legal, professional, social, economical and ethical dimensions of the problem and proposes a differential view on illegal practice by grouping illegal oral care situations in four broad categories; each of them requiring different solutions to tackle underlying issues leading to the problem of illegal oral care.

  6. 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 LawLegal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  7. Self-Interested Governments, Unionization, and Legal and Illegal Immigration

    OpenAIRE

    Palokangas, Tapio

    2008-01-01

    This paper examines an economy with following properties. Attempts to restrain illegal immigration incur costs. Illegal workers can work only in the competitive sector. Workers and employers bargain over wages in the unionized sector and lobby the government for immigration policy and workers’ bargaining power. The main findings are as follows. If the government can determine legal immigration, then it expropriates rents from labor unions. In that case, neither workers nor employers are worse...

  8. Forced Displacement: Legal Versus Illegal Crops

    OpenAIRE

    Palacios Rojas, Paola Andrea

    2012-01-01

    Anecdotal evidence suggests that, in stateless regions in Colombia, the establishment of oil palm 1 plantations generates more forced migration than the introduction of coca crops. We provide a theoretical model to study this phenomenon where an agent, allied with the illegal armed group that controls a region, chooses between buying an agricultural good from peasants or producing it himself by evicting farmers from their lands. We compare two crops that differ in their labor intensity. Resul...

  9. Economic consequences of legal and illegal drugs: The case of social costs in Belgium.

    Science.gov (United States)

    Lievens, Delfine; Vander Laenen, Freya; Verhaeghe, Nick; Putman, Koen; Pauwels, Lieven; Hardyns, Wim; Annemans, Lieven

    2017-06-01

    Legal and illegal drugs impose a considerable burden to the individual and to society. The misuse of addictive substances results in healthcare and law enforcement costs, loss of productivity and reduced quality of life. A social cost study was conducted to estimate the substance-attributable costs of alcohol, tobacco, illegal drugs and psychoactive medication to Belgian society in 2012. The cost-of-illness framework with prevalence-based and human capital approach was applied. Three cost components were considered: direct, indirect and intangible costs related to substance misuse. The direct and indirect cost of addictive substances was estimated at 4.6 billion euros in Belgium (419 euros per capita or 1.19% of the GDP) and more than 515,000 healthy years are lost due to substance misuse. The Belgian social cost study reaffirms that alcohol and tobacco impose the highest cost to society compared to illegal drugs. Health problems are the main driver of the social cost of legal drugs. Law enforcement expenditure exceed the healthcare costs but only in the case of illegal drugs. Estimating social costs of addictive substances is complex because it is difficult to determine to what extent the societal harm is caused by substances. It can be argued that social cost studies take only a 'snapshot' of the monetary consequences of substance misuse. Nevertheless, the current study offers the most comprehensive analysis thus far of the social costs of substance misuse in Belgium. Copyright © 2017 Elsevier B.V. All rights reserved.

  10. Illegal births and legal abortions – the case of China

    Directory of Open Access Journals (Sweden)

    Viisainen Kirsi

    2005-08-01

    Full Text Available Abstract Background China has a national policy regulating the number of children that a woman is allowed to have. The central concept at the individual level application is "illegal pregnancy". The purpose of this article is to describe and problematicize the concept of illegal pregnancy and its use in practice. Methods Original texts and previous published and unpublished reports and statistics were used. Results By 1979 the Chinese population policy was clearly a policy of controlling population growth. For a pregnancy to be legal, it has to be defined as such according to the family-level eligibility rules, and in some places it has to be within the local quota. Enforcement of the policy has been pursued via the State Family Planning (FP Commission and the Communist Party (CP, both of which have a functioning vertical structure down to the lowest administrative units. There are various incentives and disincentives for families to follow the policy. An extensive system has been created to keep the contraceptive use and pregnancy status of all married women at reproductive age under constant surveillance. In the early 1990s FP and CP officials were made personally responsible for meeting population targets. Since 1979, abortion has been available on request, and the ratio of legal abortions to birth increased in the 1980s and declined in the 1990s. Similar to what happens in other Asian countries with low fertility rates and higher esteem for boys, both national- and local-level data show that an unnaturally greater number of boys than girls are registered as having been born. Conclusion Defining a pregnancy as "illegal" and carrying out the surveillance of individual women are phenomena unique in China, but this does not apply to other features of the policy. The moral judgment concerning the policy depends on the basic question of whether reproduction should be considered as an individual or social decision.

  11. [Nursing school students' perception of legal and illegal drugs consumption].

    Science.gov (United States)

    Bermúdez-Herrera, Azucena; Silva, Marta Angélica Iossi; Priotto, Elis Maria Teixeira; Sampaio, Julliane Messias Cordeiro

    2011-06-01

    Drugs consumption is as ancient as humanity. It has always existed and is associated with culture, in its historical and social context. The aim of this research is to know and analyze the perception of students from the Nursing School at the University of Guayaquil about legal and illegal drugs consumption. The methodological approach was qualitative, descriptive and exploratory. The sample consisted of eleven first-year students from the Nursing School. Individual and semi structured interviews were used for data collection. Thematic content analysis was adopted, in which five themes were identified: The economic situation, domestic violence, migration of close relatives, influence of the media that surround us, and ignorance about the topic. With a view to enhancing awareness on this hard reality that hurts and prejudices humanity, knowing students' perceptions contributes to identify their needs and create possibilities for health care interventions, particularly health promotion.

  12. 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

  13. Illegal formation (creation, reorganization of a juridical person: issues of qualification and legal regulation of liability

    Directory of Open Access Journals (Sweden)

    Natalya Aleksandrovna Egorova

    2015-06-01

    Full Text Available Objective to analyze the disposition of part 1 of Article 173.1 of the Russian Criminal Code and comments to this Article to identify their shortcomings to consider problems of practical application of Article 173.1 and to formulate proposals on legislation improvement aimed at increasing the efficiency of counteraction to illegal formation of a juridical person. Methods a combination of general scientific induction deduction analysis and synthesis and specific scientific formallegal comparative legal sociological content analysis methods. Results the paper proposes an analysis of Article 173.1 of the Criminal Code and the current state of law enforcement practice on criminal cases concerning the illegal formation creation reorganization of a juridical person. Basing on empirical material the authors show the problems in classification of these crimes. The authors conclude that the unsatisfactory results of the struggle against quotshortlivedquot companies result mainly from the imperfection of the existing criminal law and prove the need for decriminalization of these crimes simultaneously establishing administrative liability for such acts and excepting Article 173.1 from the Criminal Code or changing its content. Scientific novelty basing on the existing legal norms modern scientific literature on the topic and materials on applying Article 173.1 of the Russian Criminal Code the article studies the signs of illegal formation creation reorganization of a juridical person which cause the greatest difficulties in the crime qualification and sets out the author39s proposals on legislation improvement in particular an exemplary article of the Administrative Code of the Russian Federation on formation creation reorganization of quotshortlivedrdquo companies. Practical value the judgments and conclusions contained in the article can be used in lawmaking activities for the development of draft laws on introducing changes and amendments to the

  14. Embedded crimes? On the overlapping patterns of delinquency among legal and illegal immigrants in the Netherlands

    NARCIS (Netherlands)

    A.S. Leerkes (Arjen)

    2004-01-01

    textabstractAbstract The prevalence of crime among illegal immigrants in the Netherlands appears to have risen. Primary and secondary analyses of police data showed that the involvement in crime among illegal immigrants (aged 12 to 25) reflects the patterns of delinquency among legal migrants of

  15. Legal Drugs Are Good Drugs and Illegal Drugs Are Bad Drugs

    OpenAIRE

    Indrati, Dina; Prasetyo, Herry

    2011-01-01

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

  16. 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

  17. 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.

  18. Sale, storage and use of legal, illegal and obsolete pesticides in Bolivia

    OpenAIRE

    Jasmin Haj-Younes; Omar Huici; Erik Jørs

    2015-01-01

    Unregulated selling practices, bad storage habits and the use of illegal pesticides in Bolivia are widespread, with increasing negative consequences on public health and the environment. The present study describes the selling, storage and use of legal, illegal and obsolete pesticides among pesticide retailers and farmers in Bolivia. A cross-sectional study was conducted on 191 pesticide-using farmers and 40 pesticide retailers. Data were gathered in 2009 in La Paz County, Bolivia. A question...

  19. Impact of California firearms sales laws and dealer regulations on the illegal diversion of guns.

    Science.gov (United States)

    Pierce, Glenn L; Braga, Anthony A; Wintemute, Garen J

    2015-06-01

    The available evidence suggests that more restrictive state firearm sales laws can reduce criminal access to guns. California has firearm-related laws that are more stringent than many other states and regulates its retail firearms dealers to a unique degree. This research seeks to examine the effect of more restrictive state gun laws and regulations on the illegal diversion of guns to criminals. Survival analyses are used to determine whether state firearm sales laws, particularly California's legal context and regulatory regime, impact the distribution of time-to-crime of recovered firearms in that state relative to other US states. USA. 225,392 traced firearms, where the first retail purchasers and the gun possessors were different individuals, recovered by law enforcement agencies between 2003 and 2006. The increased stringency of state-level firearms laws and regulations leads to consistently older firearms being recovered. California was associated with the oldest recovered crime guns compared with guns associated with other states. These patterns persisted regardless of whether firearms were first purchased within the recovery state or in another state. These findings suggest that more restrictive gun sales laws and gun dealer regulations do make it more difficult for criminals to acquire new guns first purchased at retail outlets. 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.

  20. Diagnostic overview of the illegal trade in primates and law enforcement in Peru.

    Science.gov (United States)

    Shanee, Noga; Mendoza, A Patricia; Shanee, Sam

    2017-11-01

    Peru has one of the richest primate faunas of any country. The illegal trade in wild primates is one of the largest threats to this fauna in Peru. We characterize the illegal trade in primates through empirical and ethnographic data. We collected data from traffic routes and centers throughout Peru and evaluate current efforts to combat this traffic. Based on our findings from 2,070 instances of wildlife crime involving 6,872 primates, we estimate the domestic trade in primates for pets and bushmeat in Peru in the hundreds of thousands per year, with the larger bodied Atelidae facing the highest direct consequences. We found that government authorities lack sufficient staff, capacity, resources, infrastructure, and protocols to efficiently combat illegal trade in primates. Also, the complicated legal framework and lack of cooperation and antagonism with the public further limit these efforts. Wildlife authorities in Peru are able to confiscate only a fraction of primates traded and mostly intervene in cases of private pet owners rather than traffickers. We estimate that the current rate of illegal trade in primates is comparable to levels of trade prior to the 1973 ban on primates' exportation. The combination of direct observations on primate trade and ethnographic data allows a comprehensive look at primate trade in Peru. We call upon decision makers and international funders to channel their efforts toward "on the ground" actions such as increasing the ability of the authorities to act, giving them "in action" training in law enforcement and establishing strict control measures against corruption. Am. J. Primatol. 79:e22516, 2017. © 2015 Wiley Periodicals, Inc. © 2015 Wiley Periodicals, Inc.

  1. Between Illegality and Legality: (In)security, crime and gangs in ...

    African Journals Online (AJOL)

    This article analyses the informal security market in the Nairobi slums of Kibera and Mathare. It assesses how gangs manoeuvre between legality and illegality in the provision of security. This article argues that there is a need to move away from a traditional interpretation of crime and criminal groups so as to understand the ...

  2. 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...

  3. Illegal employment

    Directory of Open Access Journals (Sweden)

    Jana Mervartová

    2013-01-01

    Full Text Available Since 2007 Labour Code contains the definition of dependent work, which can be carried out only in labour-law relations. The Amendment to Labour Code from 2012 makes the definition more precise, when it stipulates essential elements of dependent work and designates the others as conditions, under which dependent work should be carried out. The Amendment to Employment Act changes the definition of illegal work. Illegal work is a performance of dependent work by natural person except for labour-law relation, or if natural person – foreigner carries out work in conflict with issued permission to employment or without this permission. Since 2012 sanctions for illegal work were increased. Labour inspection is entitled to impose sanctions, in case of foreigners it is Customs Office. For control purposes employer is obliged to have copies of documents at the workplace proving the existence of labour-law relation. Goal of controls and high fines is to limit illegal employment of citizens of Czech Republic and foreigners as well. Illegal work has unfavourable economic impact on state budget. It comes to extensive tax evasions and also to evasions within health insurance and social security. If a concluded commercial-law relation meets the attributes of dependent work, then it stands for a concealed legal relationship. Tax Office can subsequently assess an income tax to businessman. Labour-law relationship enjoys a higher legal protection than commercial-law relationship; nonetheless it is not suitable to limit liberty of contract in cases when it is not unambiguously a dependent activity.

  4. [Illegal migrants and sanctions against employers in the United States: the anti-model of state laws].

    Science.gov (United States)

    Ardittis, S

    1984-06-01

    This study attempts to demonstrate the various reasons why sanctions against employers of illegal migrants have never been effectively enforced in the 11 US states and 1 city that have passed such legislation, and to assess the factors involved in the ineffectiveness of state laws: the lack of resources and experience for enforcement, and the exclusively local authority of the laws. Some of the state laws refer only to the legal residence of the migrants while others pertain to the lack of work permits. In all jurisdictions only 5 cases have been brought as a result of the laws. The ostensible reasons for the failure of the laws include uncertainties about proof of the employer's knowledge of the immigrants' legal status and uncertainties related to the primacy of federal legislation covering migrants and the lack of specific provisions covering employment within such legislation. The deeper reasons for the failure of such laws result from absolute opposition to them by civil rights activists and minority groups, especially hispanics, on the 1 hand, and on the other by the economic groups most directly affected, which are primarily the traditional employers of illegal workers. It must be asked whether the major problem resulting from non-application of the laws is the lack of results obtained by the states or the absence of experience that could guide impending federal legislation by indicating the results of sanctions against employers on the rate of irregular migration or whether a substantial reduction in the number of illegal workers in the secondary sector of the economy results in a greater employment of lower level native workers.

  5. Pak Dusa's law: Thoughts on law, legal knowledge and power

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2005-01-01

    This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally

  6. INDIGENOUS PEOPLES’ CUSTOMARY LAW AND LEGAL PLURALISM

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    Melissa Volpato Curi

    2012-12-01

    Full Text Available This paper aims to characterize the common or customary law of indigenous peoples in order to identify the legal pluralism existent in Brazil. Whereas each society presents its own social organization; positive law -- written, codified and founded on the state -- is not the only source of law, neither the safest or fairest manner to sort societies. The orality and the absence of the state in form of entity, which characterize customary law, give dynamism to indigenous societies and sort these communities based on the social body’s inherent rules.

  7. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    OpenAIRE

    Stefania-Alina DUMITRACHE

    2014-01-01

    According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to c...

  8. [Consumption of legal and illegal drugs by school students from the region of Doubs].

    Science.gov (United States)

    Baudier, F; Helou, J; Bourderont, D; Blum, D; Thiriet, F; Pinochet, C

    1988-10-01

    Two surveys were carried out among high school students from the Doubs region in 1982 and 1985. Their objective was to determine how legal and illegal drugs were used and their importance among the target population. Alcohol was found to be more common among the male population and its consumption remained stable during the 1982-1985 period. The use of tobacco, however, increased dramatically, especially among females attending vocational schools. The surveys also revealed that the age at which smoking was attempted for the first time has lowered, family and school environment playing an important role. Of those students who smoked, 69% had parents and a close friend who smoked, whereas 16% had none in their immediate environment who smoked. It was noted that young girls used more often psycho-active medicines than boys. A noticeable increase in their use became evident especially in vocational schools. Of those students questioned, 43% of junior high school students, 10.3% of vocational school students and 14.8% of senior high school students, stated that they used illegal drugs and that their accessibility permitted a wide use of these products. Whatever the age or sex the following associations were the most significant: drugs-tobacco, drugs-alcohol, tobacco-alcohol. Health education must therefore make the promotion of preventive strategies, concerning legal and illegal drugs, a priority in the education of adolescents.

  9. Vote Buying with Illegal Resources: Manifestation of a Weak Rule of Law in Mexico

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    Gilles Serra

    2016-01-01

    Full Text Available Mexico’s consolidation strategy seems to be reaching a limit. The country’s transition from authoritarianism was largely based on a series of electoral reforms that leveled the playing field in elections. While this strategy was initially successful, it has failed to address several problems, especially in the electoral arena. This essay analyzes the prevalence of two such problems, vote buying and illegal campaign finance, which are closely connected. I draw evidence from available accounts of the 2012 presidential election and subsequent contests in problematic states such as Tabasco. The outcomes of the midterm elections of June 2015 are also used to assess whether previous electoral reforms have provided effective solutions to the problems analyzed here. I suggest that no legal reform will be effective while these laws are only being weakly enforced. A more comprehensive package of measures strengthening the rule of law would help Mexico transition from electoral democracy to liberal democracy.

  10. Economics of Illegal Work and Illegal Workers (Immigrants: Are They Protected under South African Labour Law and the Constitution, 1996?

    Directory of Open Access Journals (Sweden)

    Mashele Rapatsa

    2015-12-01

    Full Text Available This article analyses whether prostitution (illegal work and illegal immigrants have access to the protective ambits of statutory framework regulating employment relations. Its objective is to examine the scope of labour law, considerate of ever changing trends in the modern world of work. It utilizes the two notable precedents founded in Kylie v CCMA and Discovery Health v CCMA. This is considerate of inherent dynamics in contemporary labour relations where the majority of workers have been displaced into grey areas that offer little or no protection, thus rendering workers vulnerable to exploitation. The article highlights a rising tension arising out of exploitative labour practices and socio-economic factors, and the need for labour law to respond. It has been found that courts have creatively invented strategic methods that have successfully aided efforts of protecting vulnerable workers engaged in economic activities under precarious circumstances. This is to the extent that the Constitution, 1996 and the Labour Relations Act 66 of 1995 have been interpreted in a manner that enhances worker protection, which fulfils the purpose for which labour law was enacted.

  11. Positive Legal Responsibility in the Family Law

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    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  12. Knowledge, attitudes, and practices regarding legal and illegal substances by nursing students from Cartagena (Colombia

    Directory of Open Access Journals (Sweden)

    Amparo Montalvo Prieto

    2013-03-01

    Full Text Available Objective. This article sought to describe knowledge, attitudes, and practices regarding the use of legal and illegal substances by nursing students from Cartagena (Colombia. Methodology. This was a descriptive study conducted on a probabilistic sample of 689 students matriculated in three nursing programs. The study used the Predisposing Factors instrument associated to the use of psychoactive substances by Cepeda, Aldana, and Ossío. Results. The mean age of the participants was 20.5 years, 91.9% were women, 92.4% belonged to socio-economic levels 1 to 3, 87.5% were single. Of the 12 psychoactive substances (PAS consulted, eight were considered by over 90% of the students as harmful to health. A total of 94% considered that the brain is the organ most affected by drug consumption. The students considered production (80.4%, trafficking (79.4%, and use of substances (80.0% as problems of great importance; and they agreed with investing financial resources for prevention, rehabilitation, and follow-up programs for the population affected (89.1%. They expressed that use of PAS is mainly influenced by friends (26.9% and by family problems (26.7%. The highest life prevalence of legal PAS use were: alcohol (77.6% and cigarettes (17.6%; along with marihuana for illegal PAS use (1.8%. Conclusion. Knowledge of nursing students on legal and illegal PAS is not satisfactory, although they have favorable attitudes for their prevention and control. Use of PAS by the students, although not of great magnitude, is a problem deserving attention from organisms in charge of university welfare programs. Curricular contents should be enhanced on the phenomenon of PAS use of future nursing professionals.

  13. Inhalants as intermediate drugs between legal and illegal drugs among middle and high school students.

    Science.gov (United States)

    Sanchez, Zila M; Ribeiro, Luciana A; Moura, Yone G; Noto, Ana R; Martins, Silvia S

    2013-01-01

    The aims of this study are to: (1) describe the prevalence and sociodemographic characteristics of inhalant use among middle and high school students in Brazil, and (2) test the hypothesis of inhalants being intermediate drugs between legal and illegal drug use. A representative sample of 5226 students from private schools in São Paulo, Brazil, was selected to answer a self-report questionnaire. Weighted data was analyzed through Cox proportional hazards models. In the overall sample, inhalants seems to be an intermediate drug, since prior inhalant initiation was associated with first marijuana use, adjusted for previous alcohol and tobacco initiation.

  14. Transnational crime and the interface between legal and illegal actors : the case of the illicit art and antiquities trade

    NARCIS (Netherlands)

    Tijhuis, Antonius Johannes Gerhardus

    2006-01-01

    In this PhD study the interface between legal governments and corporations on the one hand, and transnational criminals at the other hand, is analysed in depth. In the first part of the book, a typology of interfaces is developed that can be used to describe interfaces between legal and illegal

  15. Gender mainstreaming in law and legal education

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2015-01-01

    Full Text Available Political revolutions of the 18th and 19th century engendered an idea of universal equality. However, the American Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen have not been gender sensitive documents. Women had to struggle for a long time in order to achieve visibility in laws and they did gain an equal right to vote in the USA only 144 years later and in France only 160 years after the issuing of these documents. Contemporary international and national law has greatly advanced from a gender equality point of view. However, gender sensitive legislation and implementation of legal norms has been far from widely accepted. Gender sensitive legal education of (future legislators, lawyers, judges, and prosecutors has thus been of the utmost importance. First, the article offers theoretical clarifications and historical background analysis of a sense and purpose of gender mainstreaming. The achievements in international law and strategic documents concerning gender equality will be taken into consideration in the second chapter. The main focus will be on the meaning of and instruments for gender mainstreaming in legal education in Serbia as well as generally. Paradigmatic examples from judicial practice will also be presented.

  16. 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…

  17. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  18. ILLEGAL ACTS - CONDITION OF LIABILITY FOR DAMAGES CAUSED IN EXERCISING LEGAL LABOR RELATIONS

    Directory of Open Access Journals (Sweden)

    Ştefania-Alina Dumitrache

    2014-11-01

    Full Text Available According to article 253 and 254 of Labor Code, both employers and employees are responsible under the rules and principles of contractual liability for damages to the other party of legal labor relationship and we emphasize that this is not purely civil liability, but a variety of it, determined by the specific peculiarities of legal labor relations. Thus, we highlight that labor law provisions which refer to liability for damages complement, unquestionably, with the common law relating to civil liability. The paper analyzes the objective basis of legal accountability, namely the illicit act causing damages committed in fulfilling labor duties or in connection tot hem, therewith the method detailed and comparative documentation of legislation in the field and relevant doctrine.

  19. 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

  20. Sale, storage and use of legal, illegal and obsolete pesticides in Bolivia

    Directory of Open Access Journals (Sweden)

    Jasmin Haj-Younes

    2015-12-01

    Full Text Available Unregulated selling practices, bad storage habits and the use of illegal pesticides in Bolivia are widespread, with increasing negative consequences on public health and the environment. The present study describes the selling, storage and use of legal, illegal and obsolete pesticides among pesticide retailers and farmers in Bolivia. A cross-sectional study was conducted on 191 pesticide-using farmers and 40 pesticide retailers. Data were gathered in 2009 in La Paz County, Bolivia. A questionnaire was used to evaluate pesticide handling practices and observational data on pesticide stocks and storage was assessed through direct visits on site. Banned, outdated and highly toxic pesticides were found stored on most smallholder farms. A mean of 299 g of pesticides was found on each farm, of which 60% were obsolete. Knowledge on pesticide toxicity and safe handling practices were lacking among both retailers and farmers, and poisonings were frequently reported. Significant figures of obsolete pesticides were found outside of the officially recognized dumping sites. This underlines the necessity of including the small but numerous amounts of pesticides stored at farms, when calculating a country’s total amount of obsolete pesticides. Better regulations of imports, sale and storage and an improved use of safety measures when handling pesticides needs to be urgently addressed.

  1. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

    Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper

  2. Shaping legality and illegality of environmental damage and its different ways of legitimacy

    Directory of Open Access Journals (Sweden)

    Claudia Alexandra Munévar Quintero

    2017-01-01

    Full Text Available This article has as a configuration framework wich concerns the environmental damage from the different forms of legitimacy. The aim is to uncover the constitutional and doctrinal context of damage related with the environment according to their legal and anti-legal nature; it can be seen as a determinate or indeterminate victim, which is the owner of environmental rights. The epistemological approach is hermeneutical, in this sense, the normative postulates of "being" and "should be" of the regulations are outlined through the documentary analysis technique. To do this, it is understood that the damage, more than a legal construction, has a social definition, which in turn determines the criteria of legality. It is concluded that this criterion of legality does not serve only to judgments of a State’s reasonableness, strength and power through its rules. On the other hand, they are established by consensus and social re-significances. Relying on the coercion of law and its arbitrary force, leads to the discrediting of the State’s legal proceedings, accentuating the gap between the normative reality and social realities.

  3. Managing legal diversity - new challenges for private international law

    NARCIS (Netherlands)

    van Hoek, A.A.H.

    2012-01-01

    In this contribution the author describes how the structural presence of private international law cases in modern society poses new challenges to private international law as a legal discipline. The literature on legal pluralism and multilevel governance is used both to provide a better

  4. EXPORTING LAW OR THE USE OF LEGAL TRANSPLANTS

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    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

    Full Text Available From the general theory of law, we are aware of the migration of legal concepts, practices and institutions. We believe that there are no legal system anywhere in the developed world that has not used legal transplants, that has not borrowed from another country’s laws. This paper intends to explore the concept of “legal transplants”. Why are they used? Where do they come from? Is their assimilation uncomplicated? Why are they rejected in some cases? A transplanted law should be comported with the host state in order to be accepted? Should be discussed the relationship between law and culture when contemplating a study of legal transplants? What forces propel those borrowings? However, this paper does not claim to offer definite answers to the above mentioned questions. Its goal is more modest. In understanding the phenomenon of legal transplants, we underline the fast growing importance of using the comparative research.

  5. Consuming energy drinks at the age of 14 predicted legal and illegal substance use at 16.

    Science.gov (United States)

    Barrense-Dias, Yara; Berchtold, André; Akre, Christina; Surís, Joan-Carles

    2016-11-01

    This study examined whether consuming energy drinks at the age of 14 predicted substance use at 16. We followed 621 youths from an area of Switzerland who completed a longitudinal online survey in both 2012 and 2014 when they were 14 and 16 years of age. At 14, participants, who were divided into nonenergy drink users (n = 262), occasional users (n = 183) and regular users (n = 176), reported demographic, health-related and substance use data. Substance use at 16 was assessed through logistic regression using nonusers as the reference group and controlling for significant variables at 14. At the bivariate level, energy drink consumption was associated with substance use at both 14 and 16. Energy drink consumers were also more likely to be male, older, less academic, sleep less on schooldays and live in an urban area. In the multivariate analysis, smokers, alcohol misusers and cannabis users at the age of 16 were significantly more likely to have been regular energy drink users at the age of 14. Consuming energy drinks at 14 years of age predicted using legal and illegal substances at 16. Health providers should screen young adolescents for energy drink use and closely monitor weekly users. ©2016 Foundation Acta Paediatrica. Published by John Wiley & Sons Ltd.

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

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

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

  7. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

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

  8. Tackling Illegal Activities through Tax Law – Al Capone Case Study

    OpenAIRE

    Matej Kacaljak

    2015-01-01

    This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper conclu...

  9. 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.

  10. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  11. International Legal Norms in Macedonia's Domestic Law

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    Blerton SINANI

    2014-11-01

    Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.

  12. Tackling Illegal Activities Through Tax Law – Al Capone Case Study

    Directory of Open Access Journals (Sweden)

    Kacaljak Matej

    2015-03-01

    Full Text Available This paper discusses the Al Capone case and identifies legal institutions which contributed to the conviction of Al Capone for tax evasion in the USA and discusses similarities in Slovak law. The Slovak legal environment is assessed with the aim of identifying potential room for improvement. Under an assumption of identical factual circumstances, it is tested whether Al Capone would be convicted of tax evasion in the Slovak Republic and if not, what would be the main reasons. The paper concludes that due to some, probably unintentional, specifics of Slovak tax and criminal law, Al Capone could not be convicted of tax evasion by the Slovak courts. In our opinion, these specifics do not, however, constitute material elements of the basic structure of Slovak tax and criminal law and could be relatively easily corrected.

  13. Definition of the Situation of Children Demobilized Illegal Armed Groups in the Legal Acts and Psychoeducational Effects

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    Jaime Alberto Carmona Parra

    2014-06-01

    Full Text Available The article begins with a reflection on performative utterances, which are speech acts, to show that the right contributes to the creation of reality and subjectivity. Based on this argument examines five definitions of the situation of children demobilized from illegal armed groups in Colombia, named according to their effects psychoeducational: victimizing, pathologizing, criminalizing, idealizing and responsabilizing. Each definition is examined in terms of their philosophical affiliation, deterministic, nondeterministic or interactionist, its effects on the construction of the identity of minors and in his appeal to responsibility and legal insanity. At the end of the article shows the intervention proposals arising from each of the definitions and shows the role that restorative justice can play in building a model of care which confers responsibility to the children demobilized from illegal armed groups, and other victims of armed conflict, which guarantees the restitution of rights and also empowers them as key actors in redefining their social role and identity reconstruction.

  14. Diverse Legal Significance of a Document in Byzantine Private Law

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    Tamara M. Matović

    2017-11-01

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

  15. 5½ Problems with Legal Positivism and Tax Law

    OpenAIRE

    Bogenschneider, Bret

    2017-01-01

    This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

  16. PRISONERS' RIGHTS UNDER THE NIGERIAN LAW: LEGAL ...

    African Journals Online (AJOL)

    RAYAN_

    powers.9 The Nigerian Court of Appeal held per Uwaifo, JCA in the case of Peter Nemi v Attorney ... lawfully committed to custody.15 By this definition, it means any person who is lawfully confined to prison is a ..... sentenced to prison with hard labour, gives a prisoner a measure of relief in case such a prisoner is not fit to ...

  17. A Goddess for semiotics of law and legal discourse

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    Jan M. Broekman

    2011-12-01

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

  18. Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

    Science.gov (United States)

    Stone, Dave

    2014-08-01

    State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

  19. Legal Portion in Russian Inheritance Law

    Science.gov (United States)

    Inshina, Roza; Murzalimova, Lyudmila

    2013-01-01

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

  20. Coping with illegal immigrants.

    Science.gov (United States)

    Hewlett, S A

    1981-01-01

    The annual net flow of illegal immigrants into the US is around 500,000/year which has increased tenfold over the last 15 years; these people, unprotected by US law, are targets of exploitation. Unless a restrictive policy is put into practice for illegal and legal immigrants the flow will accelerate, creating domestic pressures. A package proposed by a Presidential Task Force in 1982 proposed: 1) there be better border patrols and stricter laws regarding hiring of illegals, 2) issuing a counterfeit-resistant social security card, 3) conditional amnesty for some illegal immigrants already in the US, 4) a small increase in the number of legal immigrants allowed into the US from Mexico, and 5) a limited guest worker program. These ideas differed in some respects from those of an earlier Select Committee on Immigration. Guest worker programs in other countries are described. In July 1982 President Reagan faced 3 policy options: 1) he could ignore his Task Force's ideas and use a large guest worker program, legalizing and continuing the inflow of cheap labor; 2) he could adopt the recommendations and get a new, tougher policy initiated; or 3) he could allow the issue to abort itself. He adopted the 3rd option, a policy package with little internal force which he will not pursue vigorously. Any serious effort to achieve a more serious immigration policy must include 4 elements: 1) a tough set of employer sanctions, 2) a foolproof worker identification card system, 3) better border control, and 4) an amnesty program. These 4 measures are interrelated; if 1 fails, the policy ceases to achieve its goals. This 4-point program would have the advantage of maintaining a short-term "safety-valve" for those countries which are the sources of illegal migration.

  1. LEGAL SYSTEM IN BRAZILIAN CONSTITUTIONALISM: PERPLEXITIES REFERRING TO CIVIL LAW

    OpenAIRE

    Iribure Júnior, Hamilton da Cunha; Guimarães, Henrique Cassalho

    2017-01-01

    The contemporaneous constitutionalism outlines a new manner to conceive and interpret the legal system, considering the alignment of law with society and society with law in order to emancipate the individual in the factual level. This results in the repercussion of humanization purpose in the Constitution of Federative Republic of Brazil of 1988 in civil law, to the extent of approaching it under a new perspective. However, such relationship involves several aspects which cannot be neglected...

  2. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  3. Legal Protection Reform for Children Conflicted with Law

    Directory of Open Access Journals (Sweden)

    Emy Rosna Wati

    2014-01-01

    Full Text Available The government has long been giving protection to children. Protection is reflected in the issuance of various Law. One of them is the Law No. 23 of 2003 on Child Protection. The legal protection of children in conflicted with law and child as victims of crime are regulatedin articlenumber 64. Issuance of Law No. 3 of 1997 on Juvenile Court actually originates from a passion for protecting the rights of children in conflicted with the law. However, due to inadequate understanding and mindset of Juvenile Court, which is do not have the children’s perspective, what comes up is that the substance of Law on Juvenile Court is not to protect children but to prosecute children. However, after the release of Law No. 11 of 2012 onThe Criminal Justice System of Children, legal protection of children in conflict with the law was encouragingly reformed. How To Cite: Rosna Wati, E. (2014. Legal Protection Reform for Children Conflicted with Law. Rechtsidee, 1(1, 59-70. doi:http://dx.doi.org/10.21070/jihr.v1i1.101

  4. Nuclear law and new legal concepts

    International Nuclear Information System (INIS)

    Atias, Ch.; Warusfel, B.; Byk, Ch.

    2003-01-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  5. CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY

    Directory of Open Access Journals (Sweden)

    Berrin Akbulut

    2017-12-01

    Full Text Available According to Turkish Law, only natural persons can be counted as perpetrators. Due to their characteristics, legal entities cannot directly commit crimes and cannot be perpetrators. Nevertheless, the criminal liability of the legal entities due to the actions of the persons who act on behalf of legal entities had been a hot topic until the Turkish Penal Code no 5237 came into force. Provisions about the legal entities’ criminal liability in several penal codes other than the abovementioned Turkish Penal Code were another matter of the debates. Further, the Constitutional Court of Turkey held that legal entities’ criminal responsibility was not unconstitutional. In the Code No 5237 that came into force on the 1st of June, 2005; it was explicitly stated that legal entities cannot be imposed with penal sanctions. Since criminal responsibility is personal, the legal entities, which do not have any ability to commit an offence, cannot be punished due to the actions of persons who act on behalf of legal entities. In other respects, according to article 20 of the Turkish Penal Code, security measures can be applied to legal entities whereas penal sanctions cannot be applied. By Turkish Penal Code Art 20, provisions regarding legal entities’ criminal responsibility in other penal codes were repealed. However, it is hard to claim that the debate regarding criminal responsibility of legal entities is over for the doctrine. The security measures to be imposed on legal entities are prescribed in Art 60 of the Turkish Penal Code. Security measures to be imposed within Art 60 are following: Cancellation of permit and confiscation. In this paper, the conditions for legal entities’ security measure responsibility; the debates in this regard and the provisions made will be examined.

  6. 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...

  7. On Making Legal Emergency: Law Office at its Most Expeditious

    Directory of Open Access Journals (Sweden)

    Alexander Kozin

    2007-01-01

    Full Text Available This essay examines manufacture of a legally-relevant symbolic object, "emergency." The examination is carried out in the phenomenological key. For the initial theoretical orientation I take HUSSERL's critique of mathematization of the life-world. Thereby I show that emergency can be conceived of as a temporal mode of constitution. With the help of workplace studies, I export phenomenological insights into a social scientific sphere. From this perspective, legal emergency comes about as a vehicle that assists in minimizing, mechanizing, transforming and reconstituting a life-world original (client's narrative into a law-specific temporal event grounded in legal discourse and its materialities. Thus understood, the law office becomes comparable to a laboratory whose business is epistemic enculturation. In my analysis of the legal emergency as "becoming," I employ data-based materials collected during extensive fieldwork in a law firm in the United States. I conclude by further theorizing social consequences of legal emergency with Gilles DELEUZE, who locates law at the juncture of materials (discourse and forces (actions. URN: urn:nbn:de:0114-fqs0701129

  8. The political and socioeconomic context of legal and illegal Mexican migration to the United States (1942-1984).

    Science.gov (United States)

    Hansen, L O

    1988-03-01

    The US manpower shortage in industry and agriculture during World War II, combined with Mexico's burden of an excess number of unemployed laborers, provided the basis for serious labor negotiations between the US and Mexico. The result was the Bracero Agreement of 1942, a bilateral agreement involving annual quotas for the temporary hiring of Mexican braceros. On the surface the program worked well. However, there were points of contention between the 2 countries: 1) in opposition to Mexico's policy of placing recruitment centers in the interior of the country, US policy called for placing the centers near the border, to reduce transportation costs; 2) Texas, which received no braceros because of racial discrimination, relied upon illegal aliens for manual labor; 3) Texas flagrantly violated a 1948 agreement when the Border Patrol welcomed aliens across the river despite Mexican officials' threats to close the border; 4) legal braceros were confronted with competition from illegals who were willing to work for a lower wage; 5) in 1954, the Border patrol physically helped aliens across the border, while Mexican policy were physically restraining them; 6) with the conclusion of a new Bracero agreement in March 1954, illegal aliens were no longer needed, so more than 1 million were apprehended and deported to Mexico's interior. The termination of the Bracero Program in 1964 gave new impetus to illegal trafficking and the number of illegals apprehended began to increase steadily in 1965. The migration flow after 1964 was influenced by the following socioeconomic conditions in Mexico: 1) unemployment, 2) very large disparities in income distribution, 3) a discrimination of the rural sector in favor of the urban in the allocation of government funds, and 4) a dependency on foreign capital and technology. Also, it was cheap labor for the US. Neither the US nor Mexico has adopted policies related to either economic development or immigration that would systematically

  9. Private or Public Law Enforcement? The Case of Digital Piracy Policies with Non-monitored Illegal Behaviors

    OpenAIRE

    Éric Darmon; Thomas Le Texier

    2014-01-01

    In the case of digital piracy should rights be publicly or privately enforced? The emergence of large-scale anti-piracy laws and the existence of non-monitored illegal channels raise important issues for the design of digital anti-piracy policies. In this paper, we study the impact of these two enforcement settings (public vs. private) in the presence of an illegal non-monitored outside option for users. Taking account of market outcomes, we show that in both cases, the optimal strategies of ...

  10. Legally Human? 'Novel Beings' and English Law.

    Science.gov (United States)

    Lawrence, David R; Brazier, Margaret

    2018-04-17

    Novel beings-intelligent, conscious life-forms sapient in the same way or greater than are human beings-are no longer the preserve of science fiction. Through technologies such as artificial general intelligence, synthetic genomics, gene printing, cognitive enhancement, advanced neuroscience, and more, they are becoming ever more likely and by some definitions may already be emerging. Consideration of the nature of intelligent, conscious novel beings such as those that may result from these technologies requires analysis of the concept of the 'reasonable creature in being' in English law, as well as of the right to life as founded in the European Convention on Human Rights and the attempts to endow human status on animals in recent years. Our exploration of these issues leads us to conclude that there is a strong case to recognize such 'novel' beings as entitled to the same fundamental rights to life, freedom from inhumane treatment, and liberty as we are.

  11. CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2016-05-01

    Full Text Available This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communication, within natural law is discussed and analyzed, from the principles and statements of Aristotle to the writings of St. Bernard of Clairvaux, St. Thomas Aquinas and later to the theories of Hugo Grotius. This study also aims to prove that the difference between legal communication within the major schools of legal thought does not regard the essence of communication or the various principles of law, but merely the perception of law, which varies from one school of thought to another.

  12. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1993-01-01

    Focuses on the origins of the reasons for the scarcity of books in law libraries and the legal profession in Nigeria. Publishing books locally with government assistance is advocated as a lasting solution, and cooperation and resource sharing among libraries is encouraged. (Contains 26 references.) (EAM)

  13. The Preimplantation Genetic Diagnosis: Legal Aspects in the Spanish Law

    Directory of Open Access Journals (Sweden)

    Marina Moya González

    2018-03-01

    Full Text Available This paper analyses the preimplantation genetic diagnosis (PGD in Spain, and the legal aspects. It exposes the technical characteristics, as well as the ethical and social consequences. It compares the different rules of law about assisted human reproduction techniques in Spain, and those in some European countries.

  14. The Internet and Ethiopia's IP Law, Internet Governance and Legal ...

    African Journals Online (AJOL)

    KM_Yilma & HH_Abraha

    Media” published in the same issue of this journal. ... education to prepare law students to a legal profession which is increasingly oriented by the Internet. .... of the scope of protection accorded to computer programs. While 'technological- neutrality' is much desirable in a fast-moving field like information technology, there is ...

  15. Legal financial institutions in the Water Law Act

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-12-01

    Full Text Available Some fees and payments are connected with obligatory participation in the cost of public projects and public investment. In the framework of the Water Law Act there are diverse public payments and fees. In this law there is the drainage fee and the investment fee. There are also contributions and other payments to the water companies. In the regulations of the Water Law Act there are also legal financial solutions for sharing the public costs, the use of budget subsidies, fixing and allocation of public expenditure.

  16. Sexual behavior among high school students in Brazil: alcohol consumption and legal and illegal drug use associated with unprotected sex

    Directory of Open Access Journals (Sweden)

    Zila M. Sanchez

    2013-04-01

    Full Text Available OBJECTIVE: Alcohol and other drug use appears to reduce decision-making ability and increase the risk of unsafe sex, leading to possible unplanned pregnancies, sexually transmitted diseases/human immunodeficiency virus/HIV transmission, and multiple sexual partners. This study aimed to test the hypothesis that risky sexual behaviors among adolescents are associated with legal and illegal drug use. METHODS: A national cross-sectional survey of 17,371 high-school students was conducted in 2010. Students were selected from 789 public and private schools in each of the 27 Brazilian state capitals by a multistage probabilistic sampling method and answered a self-report questionnaire. Weighted data were analyzed through basic contingency tables and logistic regressions testing for differences in condom use among adolescents who were sexually active during the past month. RESULTS: Approximately one third of the high school students had engaged in sexual intercourse in the month prior to the survey, and nearly half of these respondents had not used a condom. While overall sexual intercourse was more prevalent among boys, unsafe sexual intercourse was more prevalent among girls. Furthermore, a lower socioeconomic status was directly associated with non-condom use, while binge drinking and illegal drug use were independently associated with unsafe sexual intercourse. CONCLUSION: Adolescent alcohol and drug use were associated with unsafe sexual practices. School prevention programs must include drug use and sexuality topics simultaneously because both risk-taking behaviors occur simultaneously.

  17. Sexual behavior among high school students in Brazil: alcohol consumption and legal and illegal drug use associated with unprotected sex.

    Science.gov (United States)

    Sanchez, Zila M; Nappo, Solange A; Cruz, Joselaine I; Carlini, Elisaldo A; Carlini, Claudia M; Martins, Silvia S

    2013-04-01

    Alcohol and other drug use appears to reduce decision-making ability and increase the risk of unsafe sex, leading to possible unplanned pregnancies, sexually transmitted diseases/human immunodeficiency virus/HIV transmission, and multiple sexual partners. This study aimed to test the hypothesis that risky sexual behaviors among adolescents are associated with legal and illegal drug use. A national cross-sectional survey of 17,371 high-school students was conducted in 2010. Students were selected from 789 public and private schools in each of the 27 Brazilian state capitals by a multistage probabilistic sampling method and answered a self-report questionnaire. Weighted data were analyzed through basic contingency tables and logistic regressions testing for differences in condom use among adolescents who were sexually active during the past month. Approximately one third of the high school students had engaged in sexual intercourse in the month prior to the survey, and nearly half of these respondents had not used a condom. While overall sexual intercourse was more prevalent among boys, unsafe sexual intercourse was more prevalent among girls. Furthermore, a lower socioeconomic status was directly associated with non-condom use, while binge drinking and illegal drug use were independently associated with unsafe sexual intercourse. Adolescent alcohol and drug use were associated with unsafe sexual practices. School prevention programs must include drug use and sexuality topics simultaneously because both risk-taking behaviors occur simultaneously.

  18. 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.

  19. The Netherlands - LEGAL OPINION ON BLOCKING, FILTERING AND TAKE-DOWN OF ILLEGAL INTERNET CONTENT-

    NARCIS (Netherlands)

    Lodder, A.R.; Sandvliet, K.E.

    2015-01-01

    There is no specific regulation on issues of blocking, filtering, and take-down in Dutch law. However, a wide body of case law exists, primarily based on the liability exemption for information society service providers as laid down in Article 196c book 6 Civil Code (implementation of EU Directive

  20. The use of legal, illegal and roll-your-own cigarettes to increasing tobacco excise taxes and comprehensive tobacco control policies: findings from the ITC Uruguay Survey.

    Science.gov (United States)

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

    2015-07-01

    Little research has been done to examine whether smokers switch to illegal or roll-your-own (RYO) cigarettes in response to a change in their relative price. This paper explores how relative prices between three cigarette forms (manufactured legal, manufactured illegal and RYO cigarettes) are associated with the choice of one form over another after controlling for covariates, including sociodemographic characteristics, smokers' exposure to antismoking messaging, health warning labels and tobacco marketing. Generalised estimating equations were employed to analyse the association between the price ratio of two different cigarette forms and the usage of one form over the other. A 10% increase in the relative price ratio of legal to RYO cigarettes is associated with a 4.6% increase in the probability of consuming RYO cigarettes over manufactured legal cigarettes (p≤0.05). In addition, more exposure to antismoking messaging is associated with a lower odds of choosing RYO cigarettes over manufactured legal cigarettes (p≤0.05). Non-significant associations exist between the manufactured illegal to legal cigarette price ratios and choosing manufactured illegal cigarettes, suggesting that smokers do not switch to manufactured illegal cigarettes as prices of legal ones increase. However, these non-significant findings may be due to lack of variation in the price ratio measures. To improve the effectiveness of increased taxes and prices in reducing smoking, policymakers need to narrow price variability in the tobacco market. Moreover, increasing antismoking messaging reduces tax avoidance in the form of switching to cheaper RYO cigarettes in Uruguay. 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. The Use of Legal, Illegal, and Roll-you-own Cigarettes to Increasing Tobacco Excise Taxes and Comprehensive Tobacco Control Policies-Findings from the ITC Uruguay Survey

    Science.gov (United States)

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

    2015-01-01

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

  2. Unfair Contract Terms in European Contract Law : Legal consequences for and beyond Swedish Contract Law

    OpenAIRE

    Garrido Huidobro, Mattias

    2014-01-01

    Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish con­tract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law p...

  3. A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders

    DEFF Research Database (Denmark)

    Butler, Graham

    2017-01-01

    A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders, edited by E. Fahey and D. Curtin (Cambridge: PB - Cambridge University Press , 2014, ISBN 9781107060517); xviii+332pp., £65.00 hb.......A Transatlantic Community of Law: Legal Perspectives on the Relationship between the EU and US Legal Orders, edited by E. Fahey and D. Curtin (Cambridge: PB - Cambridge University Press , 2014, ISBN 9781107060517); xviii+332pp., £65.00 hb....

  4. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  5. Zoophilia and the law: legal responses to a rare paraphilia.

    Science.gov (United States)

    Holoyda, Brian; Newman, William

    2014-01-01

    Although societies' responses to bestiality have varied internationally, the response in the United States has typically involved condemnation and prosecution. Currently, there are 31 states with statutes prohibiting human-animal sexual contact. Despite the prevalence of antibestiality legislation, there is limited case law in the United States. Most commonly, bestiality arises in legal cases involving sexually violent predator (SVP) civil commitments. Identifying offenders who commit acts of bestiality is important, since these individuals may be at increased risk of committing a variety of other sexually and nonsexually violent acts against humans. Because of the different laws among the states, however, commonly used forensic risk assessment tools for sexual recidivism can yield different scores for individuals charged with or convicted of bestiality offenses. Forensic evaluators should consider this factor when conducting risk assessments. State legislatures should also consider modernizing their bestiality statutes to accord with current terminology and objectives for such laws. © 2014 American Academy of Psychiatry and the Law.

  6. Lost in Implementation: EU Law Application in Albanian Legal System

    Directory of Open Access Journals (Sweden)

    Hajdini Bojana

    2017-06-01

    Full Text Available Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward greater convergence with EU acquis by developing a modern legal framework. However, the paper points out that weak implementation has hampered the application of EU law in Albania due to: a weak bureaucracy or uneven distribution of human capacities; b the lack of an established practice of consultation with interest groups on specific draft legislation, and c the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that effective adjustment of Albanian legal system with EU norms requires cooperation between different actors involved in the approximation and implementation process.

  7. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

  8. Legal Deposit in Denmark - the New Law and Electronic Products

    Directory of Open Access Journals (Sweden)

    Henrik Dupont

    1999-04-01

    Full Text Available In 1997 Denmark celebrated the tricententenary of its legal deposit legislation and at the same time created a new law that surpassed the former 1927 text, which was out of date due to technological and political developments. In the first law on legal deposit, maps were not mentioned explicitly and we have no known examples of maps delivered before a revision of the law in 1781, which explicitly stated that maps and prints had to be deposited. It was only after 1850 that it became possible to follow what was deposited exactly. The number of maps deposited before was limited, not even including the first national survey maps. Maps were only produced in a limited number and the annual deposit did not exceed 600. We assume that all in all some 40,000 maps have been delivered to the collections by legal deposit. Each year since the Second World War the maps have been listed in the annual „Dansk Kortfortegnelse” and since 1980 all new maps have been catalogued in the REX database of the Royal Library.

  9. International Humanitarian Law: The legal framework for humanitarian forensic action.

    Science.gov (United States)

    Gaggioli, Gloria

    2018-01-01

    In armed conflicts, death is not an exceptional occurrence, but becomes the rule and occurs on a daily basis. Dead bodies are sometimes despoiled, mutilated, abandoned without any funeral rite and without a decent burial. Unidentified remains may be counted by hundreds or thousands. As a result, families look for years for missing relatives, ignorant of the fate of their loved ones. International Humanitarian Law, also called the laws of war or the law of armed conflict, is an international law branch, which has been developed to regulate and, as far as possible, to humanize armed conflicts. It contains a number of clear and concrete obligations incumbent to belligerent parties on the management of dead bodies, which provide the legal framework for humanitarian forensic action. The purpose of this article is to present, in a simple and concise manner, these rules with a view to extrapolate some key legal principles, such as the obligation to respect the dignity of the dead or the right to know the fate of relatives, which shall guide anyone dealing with human remains. Copyright © 2017 Elsevier B.V. All rights reserved.

  10. Applications of neuroscience in criminal law: legal and methodological issues.

    Science.gov (United States)

    Meixner, John B

    2015-01-01

    The use of neuroscience in criminal law applications is an increasingly discussed topic among legal and psychological scholars. Over the past 5 years, several prominent federal criminal cases have referenced neuroscience studies and made admissibility determinations regarding neuroscience evidence. Despite this growth, the field is exceptionally young, and no one knows for sure how significant of a contribution neuroscience will make to criminal law. This article focuses on three major subfields: (1) neuroscience-based credibility assessment, which seeks to detect lies or knowledge associated with a crime; (2) application of neuroscience to aid in assessments of brain capacity for culpability, especially among adolescents; and (3) neuroscience-based prediction of future recidivism. The article briefly reviews these fields as applied to criminal law and makes recommendations for future research, calling for the increased use of individual-level data and increased realism in laboratory studies.

  11. From Law to Paradise: Confessional Catholicism and Legal Scholarship

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2011-01-01

    Full Text Available This paper is a prolegomenon to further study of the intensified relationship between law and moral theology in early modern times. In a period characterized by a growing anxiety for the salvation of the soul (»Confessional Catholicism«, a vast literature for confessors, which became increasingly juridical in nature, saw the light between roughly 1550 and 1650. By focussing on some of the most important Jesuit canonists and moral theologians, this article first seeks to explain why jurisprudence became regarded as an indispensable tool to solve moral problems. While Romano-canon law showed its merits as an instrument of precision to come to grips with concrete qualms of conscience, with the passing of time it also became studied for its own sake. The second part of this paper, therefore, illustrates how the legal tradition, particularly with regard to the law of obligations, was reshaped in the treatises of the moral theologians.

  12. ILLEGAL TAX PLANNING THROUGH ACTIONS WHICH ARE DEFINED CRIMINAL ACCORDING TO THE TAX LAWS

    Directory of Open Access Journals (Sweden)

    Lilia GÎRLA

    2016-12-01

    Full Text Available The article discusses actions that defined as criminal according to tax authorities and the relation between them and illegitimate tax planning, including details of the legitimate activities permitted by law and that are not deemed as illegal. An emphasis was given to the rate of tax evasions in compared to other states around the world and the way the states of Israel and Moldova treats the phenomenon of non-legitimized tax planning, in contrast to actions taken by states around the world to eradicate this phenomenon.The findings of this article prove initially that this phenomenon is worldwide, and that any state has really found a magic solution for this issue. However, there are number of measures that can significantly reduce the phenomenon, and this is by prohibiting the execution of transactions in large amounts of cash.Planificarea fiscală ilegală prin acţiuni care sunt recunoscute criminale în conformitate cu legislaţia fiscalăSunt puse în discuţie acţiuni care pot fi abordate de către autorităţile fiscale ca infracţiuni sub aspectul planificării fiscale ilegale, în timp ce detalizarea acestor acţiuni permite efectuarea lor în conformitate cu legea şi neconsiderarea acestora ca fiind ilegale. Un accent este pus pe problema privind evaziunea fiscală în aspect comparat cu alte state şi pe modul în care în Israel şi în Moldova este tratat fenomenul planificării fiscale ilegale. Sunt specificate acţiunile întreprinse de către statele lumii pentru eradicarea acestui fenomen. Constatările autorilor demonstrează că acest fenomen are loc la nivel mondial şi că niciun stat nu a găsit soluţie magică pentru această problemă. Cu toate acestea, mai multe măsuri de reducere semnificativă a fenomenului au fost elucidate, printre care iniţierea raportărilor denotă o reducere semnificativă a opţiunii de a efectua plăţi cu sume mari de bani în numerar.

  13. The Legal protection of cultural heritage in international law and its implementation in Dutch law

    NARCIS (Netherlands)

    Belder, L.P.C.

    2013-01-01

    This study provides an overview of the main developments in the legal pro­tection of cultural heritage in international law since the 1960s. This includes a discussion of the cultural rights which are reflected in the protection of cultural heritage, and more in particular in the protection of the

  14. Simultaneous LC-MS/MS determination of 40 legal and illegal psychoactive drugs in breast and bovine milk.

    Science.gov (United States)

    López-García, Ester; Mastroianni, Nicola; Postigo, Cristina; Valcárcel, Yolanda; González-Alonso, Silvia; Barceló, Damia; López de Alda, Miren

    2018-04-15

    This work presents a fast, sensitive and reliable multi-residue methodology based on fat and protein precipitation and liquid chromatography-tandem mass spectrometry for the determination of common legal and illegal psychoactive drugs, and major metabolites, in breast milk. One-fourth of the 40 target analytes is investigated for the first time in this biological matrix. The method was validated in breast milk and also in various types of bovine milk, as tranquilizers are occasionally administered to food-producing animals. Absolute recoveries were satisfactory for 75% of the target analytes. The use of isotopically labeled compounds assisted in correcting analyte losses due to ionization suppression matrix effects (higher in whole milk than in the other investigated milk matrices) and ensured the reliability of the results. Average method limits of quantification ranged between 0.4 and 6.8 ng/mL. Application of the developed method showed the presence of caffeine in breast milk samples (12-179 ng/mL). Copyright © 2017 Elsevier Ltd. All rights reserved.

  15. Drug-Induced Thrombophilic or Prothrombotic States: An Underestimated Clinical Problem That Involves Both Legal and Illegal Compounds.

    Science.gov (United States)

    Girolami, A; Cosi, E; Tasinato, V; Santarossa, C; Ferrari, S; Girolami, B

    2017-10-01

    Vascular thrombosis, both arterial and venous, is a condition associated with significant morbidity and mortality. There are multiple risk factors for thrombosis, both congenital and acquired, and in the majority of cases, these risk factors are not modifiable. Over the past 2 decades, multiple drugs (both illegal and legal) have been associated with increased risk of thrombosis. However, due to limited scientific literature regarding the prothrombotic tendencies of these drugs, there is a concomitant limited understanding of the pathophysiology of drug-induced thrombosis. As drugs are one of the few modifiable risk factors for thrombosis, further study and dissemination of knowledge regarding drug-associated and drug-induced thrombosis are essential and have the potential to lead to decreased future incidence of thrombosis. The mechanisms at the basis of the thrombophilic activity of these drugs are variable and sometimes still ill recognized. Increased levels of clotting factors, reduction in coagulation natural inhibitors, decreased fibrinolysis, activated clotting factors, increased blood viscosity, endothelial damage, and increased platelet number and activation are the most frequent causes. Arterial steal or coronary arteries no flow has also been implicated. In some cases due to the intake of several drugs, more than one mechanism is present in a given patient. The purpose of the present review is to analyze all the drugs demonstrated to be potentially thrombotic. It is hoped that a prudent use or nonuse of these drugs might result in a reduction of thrombosis-associated diseases.

  16. 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

  17. The definition of illegal migration

    OpenAIRE

    DZHANSARAYEVA RIMA YERENATOVNA; MALIKOVA SHOLPAN BALTABEKOVNA

    2015-01-01

    The article analyzes the definitions of illegal migration. In theory, there is no consensus on the concept of illegal immigration. In the scientific revolution applied the concept of “illegal migration”, “illegal immigration”, “migration of the crime” and “criminal migration”. Crime and illegal migration, although they have common features, are different concepts. For the concept of illegal immigration is characterized by violation of migration laws. For the concept of mandatory criminal migr...

  18. Legal Transplants: A conflict of statutory law and customary Law in Papua New Guinea

    Directory of Open Access Journals (Sweden)

    Glen Mola Pumuye

    2017-09-01

    Full Text Available The state of Papua New Guinea adopted the common law system of government in 1975 during independence. The genesis of most if not all its legislation can be traced back to the United Kingdom, Australia, New Zealand and other commonwealth countries. The tendency for legal transplants of legislative texts from these common law jurisdictions to sections of Papua New Guinean laws has been a constant reoccurrence. With huge texts of laws transplanted it begs the question whether these laws are coherent with existing laws and appropriate for Papua New Guinea. This paper analyses the existing Mining Act 1992 and Oil and Gas Act 1998 vesting ownership of minerals and petroleum in the State although these resources are located on customary land. I will use the said acts to establish the hypothesis that, in the rush to transplant legislation from Australia, this transplanted provision fails the functionality test and is not effective in Papua New Guinea. I will also try and point out the effects and solutions to redress this situation.Keywords: Customary law, alienated land, legal transplants, functionality test

  19. Law Schools and the Continuing Growth of the Legal Profesion

    Directory of Open Access Journals (Sweden)

    Herbert Kritzer

    2013-07-01

    Full Text Available In most countries for which data are available, the size of the legal profession has continued to grow over the last 40 plus years. This continued growth reflects the perceived attractiveness of a career as a legal professional (i.e., the demand and the incentives of the institutions that provide legal education, and hence serve as primary gatekeepers, to maintain or increase the number of students they enroll. In some countries, perhaps most prominently the United States, structural changes in the opportunities for careers in the legal profession are likely to put pressure on law schools that could result in changes in the supply of opportunities to obtain the legal education required to become a lawyer. En la mayoría de los países de los que se dispone de datos, el número de abogados no ha dejado de crecer desde hace más de 40 años. Este crecimiento constante, refleja el atractivo que se percibe en una profesión como la abogacía (esto es, la demanda, y los incentivos de las instituciones que imparten estos estudios, y constituyen la primera barrera para mantener o aumentar el número de estudiantes que aceptan. En algunos países, tal vez de forma más destacada en Estados Unidos, es probable que los cambios estructurales en las oportunidades de trabajar como abogado obliguen a las facultades de derecho a modificar la oferta para acceder a la carrera de derecho.

  20. Comparison between the legal regime of the extinctive prescription in Romanian civil law and fiscal law

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2015-06-01

    Full Text Available This article analyses the institution of the extinctive prescription, first synthesizing the common law stated by the Romanian Civil Code (Section I and then the special regulation given by the Romanian Code of Fiscal Procedure (Section II in which we differentiate between the particular legal regime of the extinctive prescription in the area of the rights of claim (Section 2.1-2.2, in the area of the right to initiate the foreclosure (Section 2.3, and in that of the right to ask for compensation and restitution (Section 2.7. The comparison between the legal regime of the extinctive prescription in civil law and its regulation given by the fiscal law it is stated by the last section, structured into similarities and differences.

  1. The relationship dynamics between legal positivism and the divisions of law, analyzed from a systemic perspective

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2016-12-01

    Full Text Available This article is studying the dynamics of the relationship between legal positivism and the two divisions of law, respectively private law and public law. Legal positivism, envisions concepts of human intervention in the creation and application of the law, and so it finds application in both public law and private law. However, in private law, there are several principles which can be deduced from the doctrine of natural law, such as substitution, reversibility and others. To the contrary, in public law, legal positivism is all present, manifesting itself in all its branches. It is not, however, an exclusive presence, because there is a balance between natural law and legal positivism in each of the divisions of law. The two orientations of law, namely natural law and legal positivism coexist in each of the divisions and branches of the law, but with a different structure, dynamic or static, depending on specific branches of law. This paper presents in an analytical manner, the static and dynamic manifestations of legal positivism within the framework of the two divisions of law, namely private law and public law.

  2. The World Bank Legal Review : Law, Equity, and Development, Volume 2

    OpenAIRE

    World Bank

    2006-01-01

    The World Bank legal review: law, equity, and development, volume two, is a publication for policy makers and their advisers, attorneys, and other professionals engaged in the field of international development. It offers a combination of legal scholarship, lessons from experience, legal developments, and recent research on the many ways in which the application of law and the improvement ...

  3. 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.

  4. Addressing law and agroecosystems, sovereignty and sustainability from a legal pluralistic perspective

    NARCIS (Netherlands)

    Hospes, O.

    2015-01-01

    This paper wants to contribute to the debate on the complex relationships between law and agroecosystems from a legal pluralistic perspective. For this purpose, it first explains what is legal pluralism, and then this notion is used to conceptualize law, the relationship between law and social

  5. Legal provisions governing technical installations, especially regulations of the Building Law, Trade-and-Industry Law, and Atomic Energy Law

    International Nuclear Information System (INIS)

    Nicklisch, F.

    1984-01-01

    The author first shows the various legal regulation patterns of the German law system with regard to technical installations and in this context discusses the comprehensive clause method which refers to scientific-technical standards. This method is said to be an adequate means of achieving suitable results in the relationship between law and technology. However, three weak points can be seen: (1) The law system uses many different standards. (2) Due to uncertainty about the real meaning and content of these standards, it is not clear how these standards are defined. (3) This in practice puts up the question to what extent statutory works of technology are a suitable tool of making legal regulations more concrete, and whether they are to be given binding force. (HSCH) [de

  6. A Transdisciplinary Approach to Public Health Law: The Emerging Practice of Legal Epidemiology.

    Science.gov (United States)

    Burris, Scott; Ashe, Marice; Levin, Donna; Penn, Matthew; Larkin, Michelle

    2016-01-01

    Public health law has roots in both law and science. For more than a century, lawyers have helped develop and implement health laws; over the past 50 years, scientific evaluation of the health effects of laws and legal practices has achieved high levels of rigor and influence. We describe an emerging model of public health law that unites these two traditions. This transdisciplinary model adds scientific practices to the lawyerly functions of normative and doctrinal research, counseling, and representation. These practices include policy surveillance and empirical public health law research on the efficacy of legal interventions and the impact of laws and legal practices on health and health system operation. A transdisciplinary model of public health law, melding its legal and scientific facets, can help break down enduring cultural, disciplinary, and resource barriers that have prevented the full recognition and optimal role of law in public health.

  7. [Tensions between the (il)legal and the (il)legitimate in professional health practices regarding women who seek abortion].

    Science.gov (United States)

    López Gómez, Alejandra

    2016-01-01

    The implementation of a pre- and post-abortion health care strategy, adopted in 2004 in Uruguay within a restrictive legal context prior to the decriminalization of abortion in 2012, opened a window of opportunity to link women facing unwanted pregnancies and abortion to health services in order to prevent unsafe abortion practices. This article looks into the tensions generated by the change of focus from maternal-child health to health and sexual and reproductive rights, and how those tensions operate. Using semi-structured interviews and focus groups, the practices and perception and assessment frameworks of professionals in their care of women facing unwanted pregnancy and abortion in the National Integrated Health System in Montevideo are analyzed. The results offer insights into some of the barriers and difficulties that can currently be observed in the implementation of the new law.

  8. EU international family law: Legal basis, sources, case law of ECJ

    Directory of Open Access Journals (Sweden)

    Bordaš Bernadet

    2012-01-01

    Full Text Available The paper offers analysis of two issues. The first is the overview of the legal basis of international family law and it's sources under the Treaty of Lisbon on the Functioning of the European Union, and the second the case law of the European Court of Justice. Since 1999, when the Treaty of Amsterdam came into force, four regulations were adopted in matters of international family law as secondary sources of EU law, and three of them came into force. National courts of Member Sates are bound to apply directly three regulations, but so far only the interpretation of Brussels II bis Regulation has reached the European Court of Justice. Some of the judgments of the Court could be of interest for Serbian private international law. The reason is in the fact that the Court gave rulings on issues and concepts which are not defined in Serbian law, so they could influence the development and definitions of the those in the course of drawing up the new Act of Private International Law in Serbia. The paper reviews the Sundelind Lopez, the Hadady, the Case A. and the Mercredi judgments.

  9. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  10. Emergencies and criminal law in Kant’s legal philosophy.

    Directory of Open Access Journals (Sweden)

    Thomas Mertens

    2017-12-01

    Full Text Available Despite Kant's explicit statement that every murderer must suffer death, there are at least four situations to be found in Kant's work in which the killing of a human being should not lead to the death penalty: when too many murderers are involved; when a mother kills her illegitimate child; when one duellist kills the other; when one person pushes another off a plank in order to save his life. This paper discusses these situation and concentrates on the last situation - Kant's interpretation of the plank of Carneades – with an eye to what they learn us about Kant understanding of the law. Does Kant acknowledge a legal vacuum? In order to come to a conclusion, Kant's 'solution' of the plank is compared with those suggested by other authors, such as Cicero, Pufendorf and Lon Fuller in his famous 'speluncean explorers' case.

  11. 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.

  12. Synthetic Cannabinoid and Mitragynine Exposure of Law Enforcement Agents During the Raid of an Illegal Laboratory - Nevada, 2014.

    Science.gov (United States)

    Tapp, Loren; Ramsey, Jessica G; Wen, Anita; Gerona, Roy

    2017-12-01

    Synthetic cannabinoids (SCs), commonly known by the street name "Spice," are designer drugs of abuse that mimic the psychoactive effects of marijuana. Intentional SC use has resulted in multiple toxicities (1,2), but little is known about occupational SC exposure. After a federal agency's law enforcement personnel in Nevada reported irritability and feeling "high" after raiding illegal SC laboratories and processing seized SCs, a request for a health hazard evaluation was made by the agency to CDC's National Institute for Occupational Safety and Health (NIOSH) in 2014 to evaluate agents' occupational SC exposures. After making the request for a health hazard evaluation, federal agents conducted a raid of an illegal SC laboratory, with assistance from local law enforcement and Drug Enforcement Administration (DEA) personnel and with NIOSH investigators observing from a distance. After the raid, agents collected and processed material evidence. NIOSH investigators tested agents' urine for SC levels before and after the raid and measured SCs in the air and on surfaces after the raid. DEA determined that AB-PINACA (an SC compound) and mitragynine (a plant material with opium-like effects, also known as "kratom") were present in the illegal laboratory. AB-PINACA, its metabolites, and mitragynine were not detected in agents' urine before the raid; however, one or more of these substances was found in the urine of six of nine agents after the raid and processing of the SC evidence. AB-PINACA was detected in one surface wipe sample from the SC laboratory; none was detected in the air in the laboratory or in the offices of the law enforcement agency where the materials were processed after the raid. No policies were in place regarding work practices and use of personal protective equipment (PPE) during raids and evidence processing. To protect agents from SC exposures, NIOSH recommended that the agency require agents to wear a minimum level of PPE (e.g., protective gloves

  13. Grasping Legal Time : A Legal and Philosophical Analysis of the Role of Time in European Migration Law.

    NARCIS (Netherlands)

    Stronks, Martijn

    2017-01-01

    This book is about time, law and migrants. It consists of a legal and philosophical scrutiny into the question: why do migrants receive stronger rights over the course of time in European migration law? That migrants receive stronger rights over time is easily proven, much more difficult is the

  14. Legal Nature and Functions of Referendum in Constitutional Law Theory

    Science.gov (United States)

    Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.

    2016-01-01

    The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…

  15. Illegal immigration in the presence of labor unions.

    Science.gov (United States)

    Gonzalez, J G

    1994-01-01

    "This paper develops a general equilibrium framework of a two-sector economy which incorporates illegal immigration in the presence of labor unions. It demonstrates that stricter enforcement of immigration laws, by reducing the demand for or supply of illegal aliens, benefits all legal workers in the economy. The model is used to evaluate the impact of these policy changes on national income. Results indicate that national income does not necessarily fall when immigration controls are tightened. The existence of a union mitigates the negative welfare impact of a reduction in the number of illegal immigrants." excerpt

  16. Enforcement and illegal migration

    OpenAIRE

    Orrenius, Pia

    2014-01-01

    Border enforcement of immigration laws attempts to raise the costs of illegal immigration, while interior enforcement also lowers the benefits. Border and interior enforcement therefore reduce the net benefits of illegal immigration and should lower the probability that an individual will decide to migrate. While some empirical studies find that border and interior enforcement serve as significant deterrents to illegal immigration, immigration enforcement is costly and carries significant uni...

  17. Facing the Challenge of Improving the Legal Writing Skills of Educationally Disadvantaged Law Students in a South African Law School

    Directory of Open Access Journals (Sweden)

    Angela Diane Crocker

    2018-01-01

    Full Text Available Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar in the hope that first-year law students would be able to transfer these generic writing skills to the more specific legal discourse within which they were learning to operate. The Law School reviewed the success of this initial programme and found that students who took part in the programme not only lacked the motivation to learn generic English writing skills, but that they also did not find it easy to transfer these skills to the more specific legal writing environment. The Law School then implemented a second legal writing intervention – The Integrated Skills in Context Programme. This programme acknowledged the fact that legal writing has a multi-faceted nature, encompassing legal analysis and application, as well as logical sequencing and argument, all of which could not be taught in a vacuum, particularly when most of the student base was largely unfamiliar with any form of legal discourse and many had English as a second language. This paper recognises that there is no silver bullet to improving the legal writing skills of these students. The reality is that it will take hard work as well as financial incentives to make a difference to these students' legal writing skills. Our students need intensive one-on-one attention by qualified academics, and this means that those doing the instruction must be recognised and adequately compensated.

  18. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  19. Battle Continues over In-State Tuition for Illegal Immigrants

    Science.gov (United States)

    Gilroy, Marilyn

    2009-01-01

    Ten states now offer in-state college tuition rates to illegal immigrant students. Others are struggling to enact similar policies. But while many advocates want to open the doors to higher education for undocumented students, critics say the laws granting in-state tuition discriminate against other low-income students and legal residents of the…

  20. Reneging: A Topic to Promote Engaging Discussions about Law and Ethics in a Business Law or Legal Environment Course

    Science.gov (United States)

    Murphy, Tonia Hap

    2009-01-01

    This article is intended for business law and legal environment instructors who want to help students understand how they might react when presented with an ethical conflict, no matter how big or how small. The article discusses not only the compelling ethical issues that may arise in reneging cases, but also legal issues. The article provides…

  1. Law and Islamic finance: How legal origins affect Islamic finance development?

    Directory of Open Access Journals (Sweden)

    Rihab Grassa

    2014-09-01

    Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

  2. Broadening the Legal Academy, the Study of Customary Law: The ...

    African Journals Online (AJOL)

    MJM Venter

    2017-10-26

    Oct 26, 2017 ... law, and discusses why more social-scientific and anthropological approaches are crucial for ... Customary law; disputes; law in everyday life; social-scientific / anthropological perspectives; local law; .... Handbook of Tswana Law and Custom that was published in 1938. While this provided a very useful ...

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

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Bojan Tičar

    2012-12-01

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

  4. Centre-periphery tensions in legal theory and practice: can law and lawyers resist urban imperialism?

    Directory of Open Access Journals (Sweden)

    Kim Economides

    2012-12-01

    Full Text Available This paper questions some basic assumptions of legal theory, education and practice from the perspective of rural, remote and regional (RRR legal communities beyond the metropolis. Legal ideologies and values fundamental to the legitimacy of the modern state, such as the Rule of Law, are embedded in most law curricula and reinforced at every stage of the educational continuum, and commonly assert that law, legal rights and access to courts of law apply equally regardless of physical location or social status. Despite this, indigenous and other excluded groups living in peripheral communities frequently experience law differently from their urban counterparts, as do legal professionals living and working outside the city. The key issue examined concerns how centre-periphery tension should best be managed in the future regulation of law and lawyers. What kind of policies and strategies may genuinely assist social inclusion and to what extent should law and legal practice accommodate diversity? How and to what extent should lawyers and para-legals represent the interests of communities rather than private individuals in RRR areas of Australia? What kind of training and technological support do they require? The paper aims to set out some choices that confront policymakers while drawing upon international experience that may offer some guidance.

  5. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

  6. Law in Translation: Challenges and Opportunities in Teaching International Students in Business Law and Legal Environment Courses

    Science.gov (United States)

    Dove, Laura R.; Bryant, Natalie P.

    2016-01-01

    The purpose of this article is to outline the unique challenges faced by international students enrolled in business law or legal environment of business courses. It is also imperative to recognize the numerous opportunities that instructors can create in business law classrooms that will enhance the experience of all students given the…

  7. The Legal and Law Enforcement Professional: Ideas for Involvement.

    Science.gov (United States)

    Drake Univ., Des Moines, IA. Iowa Center for Law-Related Education.

    Designed as a guide for law professionals involved in school guest presentations, the materials in this handbook are also useful to elementary and secondary teachers interested in incorporating law-related education into the course content. Part 1 defines law-related education and offers suggestions for introducing law-related issues at different…

  8. Illegal and legal parrot trade shows a long-term, cross-cultural preference for the most attractive species increasing their risk of extinction.

    Directory of Open Access Journals (Sweden)

    José L Tella

    Full Text Available Illegal trade constitutes a major threat for a variety of wildlife. A criminology framework has been recently applied to parrot poaching in Mexico, suggesting an opportunistic crime in which the most abundant and accessible species, and not the rare or highly priced species, were poached more often. We analyzed this information, together with additional long-term data (1981-2005 on both the legal and illegal trade of the 22 Mexican parrot species (n = 31,019 individuals, using multivariate statistics and hypothesis-testing approaches. Our results showed a selective capture of parrot species attending to their attractiveness. Parrot species widely differed in attractiveness to people (as reflected by their combined measures of body size, coloration, and ability to imitate human speech, and their attractiveness strongly correlated with their prices both in the Mexican and US markets. The most attractive and valuable species (amazons and macaws were disproportionally caught attending to the number of years they were legally trapped. Similar patterns were found for parrots poached for the domestic Mexican market, for those smuggled to the USA, and for those legally exported before or after 1992, when the USA ban led parrot exports to be mostly directed to European countries. Finally, the long-term cross-cultural preference for the most attractive species has led them to be among the most threatened species today. Since current parrot poaching mostly responds to local demand, socio-ecological work is needed to reverse the long-standing pet-keeping tradition that may decimate the most desired species in Neotropical countries.

  9. Illegal and legal parrot trade shows a long-term, cross-cultural preference for the most attractive species increasing their risk of extinction.

    Science.gov (United States)

    Tella, José L; Hiraldo, Fernando

    2014-01-01

    Illegal trade constitutes a major threat for a variety of wildlife. A criminology framework has been recently applied to parrot poaching in Mexico, suggesting an opportunistic crime in which the most abundant and accessible species, and not the rare or highly priced species, were poached more often. We analyzed this information, together with additional long-term data (1981-2005) on both the legal and illegal trade of the 22 Mexican parrot species (n = 31,019 individuals), using multivariate statistics and hypothesis-testing approaches. Our results showed a selective capture of parrot species attending to their attractiveness. Parrot species widely differed in attractiveness to people (as reflected by their combined measures of body size, coloration, and ability to imitate human speech), and their attractiveness strongly correlated with their prices both in the Mexican and US markets. The most attractive and valuable species (amazons and macaws) were disproportionally caught attending to the number of years they were legally trapped. Similar patterns were found for parrots poached for the domestic Mexican market, for those smuggled to the USA, and for those legally exported before or after 1992, when the USA ban led parrot exports to be mostly directed to European countries. Finally, the long-term cross-cultural preference for the most attractive species has led them to be among the most threatened species today. Since current parrot poaching mostly responds to local demand, socio-ecological work is needed to reverse the long-standing pet-keeping tradition that may decimate the most desired species in Neotropical countries.

  10. RTI Confusion in the Case Law and the Legal Commentary

    Science.gov (United States)

    Zirkel, Perry A.

    2011-01-01

    This article expresses the position that the current legal commentary and cases do not sufficiently differentiate response to intervention (RTI) from the various forms of general education interventions that preceded it, thus compounding confusion in professional practice as to legally defensible procedures for identifying children as having a…

  11. ILLEGAL FISHING SEBAGAI KEJAHATAN KORPORASI SUATU TEROBOSAN HUKUM PIDANA MENGADILI KEJAHATAN ILLEGAL FISHING

    Directory of Open Access Journals (Sweden)

    Moch. Iqbal

    2012-11-01

    understanding of illegal fishing are understood and adhered to in Indonesian positive law is stealing fish and have a big impact on the economy of the country. Therefore, the essence of regulation and prosecution of illegal fishing in Indonesia should be understood in the prosecution of large-scale illegal fishing, which is generally carried out by foreign fleets, foreign vessels are illegal, which has also resulted in harming the country's economy (Indonesia trillions of dollars each year. With the model and the type of large-scale theft and harm the national economy, the handling of the regulations should be directed at / to overcome the evils of large-scale and complicated (sophisticated, which belong to the type of crime white collar crime or corporate crime. Know and understand the ins and outs as well as the existence of corporate crime, for law enforcement is a necessity in this modern era, this paper, therefore, focuses on two keywords (key word illegal fishing and corporate crime. Knowing and understanding the concepts and regulations surrounding corporate crime and illegal fishing be an important contribution to the process of law enforcement. With the understanding of illegal fishing and corporate crime will be a strong foundation for any legal practitioner, especially of law enforcement in the event proceeds and determine the type and classification of appropriate criminal and law enforcement especially true for judges to dare and did not hesitate to impose sanctions on each involved in illegal fishing or corporate offenders. With a firm and clear sentences, and certainly, the law enforcement officers not only enforce the law and justice but also has saved the country's economy, by preventing potential loss of national wealth, as the implementation of the function of law as an instrument of social engineering.

  12. 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…

  13. 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.

  14. A law and economics approach to cost shifting, fee arrangements and legal expense insurance

    NARCIS (Netherlands)

    L.T. Visscher (Louis); T. Schepens (Tom)

    2010-01-01

    textabstractIntroduction. In this chapter, we will provide an overview of the economic literature regarding cost shifting, fee arrangements and legal expense insurance. In the economic analysis of law, legal rules are regarded as instruments which can provide actors with behavioural incentives. In

  15. California Western Law School's First-Year Course in Legal Skills.

    Science.gov (United States)

    Gross, Peter W.

    1980-01-01

    Design and content of a legal writing program are outlined: premises on which the curriculum is based, program overview, first semester skill elements, law office memorandum preparation, appellate advocacy, grading, legal skills notebook, student instructors. Available from Union University, 80 Scotland Ave., Albany, NY 12208; $2.50, entire issue.…

  16. A chemical analysis examining the pharmacology of novel psychoactive substances freely available over the internet and their impact on public (ill)health. Legal highs or illegal highs?

    Science.gov (United States)

    Ayres, Tammy C; Bond, John W

    2012-01-01

    Public Health England aims to improve the nation's health and acknowledges that unhealthy lifestyles, which include drug use, undermine society's health and well-being. Recreational drug use has changed to include a range of substances sold as 'research chemicals' but known by users as 'legal highs' (legal alternatives to the most popular illicit recreational drugs), which are of an unknown toxicity to humans and often include prohibited substances controlled under the Misuse of Drugs Act (1971). Consequently, the long-term effects on users' health and inconsistent, often illegal ingredients, mean that this group of drugs presents a serious risk to public health both now and in the future. Therefore, the aim of this study was to ascertain what is in legal highs, their legality and safety, while considering the potential impact, these synthetic substances might be having on public health. A total of 22 products were purchased from five different internet sites, 18 months after the UK ban on substituted cathinones, like mephedrone, was introduced in April 2010. Each substance was screened to determine its active ingredients using accepted analytical techniques. The research was conducted in Leicestershire but has implications for the provision of primary and secondary healthcare throughout the UK. Two products, both sold as NRG-2 from different internet suppliers, were found to contain the banned substituted cathinones 4-methylethcathinone (4-MEC) and 4-methylmethcathinone (4-MMC), the latter being present in much smaller quantities. Although sold as research chemicals and labelled 'not for human consumption', they are thinly disguised 'legal highs', available online in quantities that vary from 1 g to 1 kg. Despite amendments to legislation, prohibited class B substances are still readily available in large quantities over the internet. The findings suggest that these prohibited substances are being manufactured or imported into the UK on a large scale, which has

  17. [Representations and experiences of obstetrician/gynecologists with legal and illegal abortion in two maternity-hospitals in Salvador da Bahia].

    Science.gov (United States)

    De Zordo, Silvia

    2012-07-01

    The objective of this qualitative study, carried out in two maternity-hospitals in Salvador da Bahia, was to investigate the experience and representations of health professionals, and particularly obstetricians-gynecologists, regarding legal abortion in comparison with their representations and experience with illegal abortion. A questionnaire was distributed and semi-structured interviews were conducted with 25 health professionals (13 obstetricians-gynecologists) in a hospital providing legal abortion (P) and with 20 health professionals (9 obstetricians-gynecologists) in another hospital that does not provide this service (F). The factors that influence the representations and experience of abortion of most obstetricians-gynecologists and explain the high rate of conscientious objection at Hospital P were: 1- the criminalization of abortion and the fear of being denounced; 2- the stigmatization of abortion by certain religious groups and by the physicians themselves; 3- training in obstetrics and the lack of good training in the epidemiology of maternal morbidity-mortality and abortion; 4- representations on gender relations. The main factors associated with liberal attitudes were: age - under 30 and over 45 years of age - experience with high maternal mortality rates due to abortion and experience with legal abortion.

  18. 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?

  19. 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.

  20. Star laws: legal controls on armed conflict in outer space

    International Nuclear Information System (INIS)

    Stephens, Dale

    2016-01-01

    An undeclared military space race is unfolding yet there is no clear understanding of how international las operates in the field of armed conflict in outer space. In conjunction with McGill University Law School, Montreal, Canada, a 'Manual on international law applicable to military uses of outer space' has been drafted. This article looks at types of space weapons, previous space treaties and discusses humanitarian law.

  1. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  2. ILLEGAL MIGRATION-CONCEPTUAL DELIMITATIONS

    Directory of Open Access Journals (Sweden)

    CRISTINA FLORINA POPESCU (PANAIT

    2013-05-01

    Full Text Available Illegal migration is a mobile phenomenon, which ignores national borders, a threat that originates outside the community and extends to Western societies. This phenomenon is becoming larger and irregular migrants are often in a precarious situation and exposed to the criminals involved in various manifestations of organized crime. The future risk factors of the illegal migration are the demographic bomb, because the population is decreasing in European countries and increasing rapidly in poorer countries, droughts, floods, deforestation, that cause conflicts between climate refugees , extreme poverty, totalitarian regimes, epidemics, can trigger millions of people, the elderly and the working population imbalance which leads to the permanent import of immigrants To combat this phenomenon, states must engage and cooperate with each other. Measures taken by states must balance their integration policy for immigrants, legally residents and asylum policy to comply with international conventions. Also, states must adopt anti-immigrant policies, consisting of subordination visa policy to the interests of international security and exchange of information and, not least, to continue the Schengen process, as a value of humanitarian law applied in the field. The aim of the research is to characterize this dangerous phenomenon for the society and the goal is to identify strategies to combat illegal migration.

  3. Legal Ethics, Rules of Conduct and the Moral Compass – Considerations from a Law Student's Perspective

    Directory of Open Access Journals (Sweden)

    Christoffel Hendrik van Zyl IV

    2016-05-01

    Full Text Available When young law graduates enter the legal profession they will undoubtedly be exposed to difficult situations that will demand of them to make difficult decisions, often having to balance conflicting systems of belief and ideas on what ethical behaviour entails. Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly assist law students in avoiding pitfalls which may lead to disciplinary action, they must be taught to appropriately use their moral compasses. This narrative aims to show that the metaphorical moral compass, with the cardinal virtues as possible main points, may serve as the crucial and underlying guide in the avoidance of the pitfalls which may result in a person being struck from the roll, but more than that, that it may aid in the pursuit of personal dreams or goals. The article contributes to the literature on legal ethics by foregrounding the virtues that pertain to sound conduct in a lawyer, as opposed to the rules and codes, in the hope that this may help legal practitioners to decide on what is right and what is wrong.

  4. 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

  5. Law and Management of a Counseling Agency or Private Practice. The ACA Legal Series. Volume 3.

    Science.gov (United States)

    Bullis, Ronald K.

    This monograph addresses laws that govern the business and management of mental health practices. The preface warns that this book only raises legal issues, concentrates on federal law, and does not exhaust the issues and information on any topic. A glossary of terms such as "burden of proof,""fiduciary,""negligence," and "torts" is presented.…

  6. A European legal method? On European private law and scientific method

    NARCIS (Netherlands)

    Hesselink, M.

    2009-01-01

    This article examines the relationship between European private law and scientific method. It argues that a European legal method is a good idea. Not primarily because it will make European private law scholarship look more scientific, but because a debate on the method of a normative science

  7. A contract-law perspective on legal cases in financial reporting: the Netherlands, 1880-1970

    NARCIS (Netherlands)

    Camfferman, C.

    2012-01-01

    This paper proposes a framework for the historical analysis of judicial decisions in financial reporting that may provide a basis for comparative research in the historical relation between the law and accounting. It is suggested that contract law may have been the dominant legal domain in which

  8. 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

  9. ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

    Directory of Open Access Journals (Sweden)

    Elena Isac

    2010-09-01

    Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

  10. Moral Responsibility and Legal Liability, or, Ethics Drives the Law

    Science.gov (United States)

    McGowan, Richard J.; Buttrick, Hilary G.

    2015-01-01

    As William Shaw's (2008) textbook states, by way of observation, "To a significant extent, law codifies a society's customs, ideals, norms, and moral values" (pp. 10-11). Shaw adds that "changes in the law tend to reflect changes in what a society takes to be right and wrong…" (p. 11). We think Shaw is correct, and we work to…

  11. [Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

    Science.gov (United States)

    Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

    2016-04-01

    Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

  12. The Illegal Employment in Ukraine: What More Is to Be Done to Overcome It?

    Directory of Open Access Journals (Sweden)

    Shchetinina Ludmila V.

    2017-03-01

    Full Text Available The article considers consequences of proliferation of the illegal employment in Ukraine, which are classified by the levels of administration – international, macro, meso, micro, and personal level, further by the public institutions – the State employment service, system of compulsory social insurance, pension system, judiciary, trade unions etc. The article analyzes the legislative documents as to their contribution to unshadowing the employment and legalization of wages. It has been determined that employers that provide illegal employment can be subject to administrative responsibility, criminal liability, and penalties. But, despite the available demotivators towards the illegal employment in the national legislation, its volume remains significant. Therefore we suggest the following activities to be necessary: informing citizens about the legal liability for illegal employment, activation of bodies of the State supervision and monitoring of violations of labor laws as well as working groups on legalization of the payment of wages and employment.

  13. Intersections between Law and Language: Disciplinary Concepts in Second Language Legal Literacy

    Directory of Open Access Journals (Sweden)

    Hartig Alissa J.

    2016-06-01

    Full Text Available International mobility among graduate students of law presents unique challenges for the teaching and learning of Legal English. Master of Laws (LL.M. students, for example, often bring both prior legal training and professional experience from their home jurisdiction to their graduate studies abroad. Taking a closer look at the experience of these students as they engage with genres associated with another legal system provides insight into broader issues of intersections between language and content in English for Legal Purposes. This article draws on case studies of four LL.M students from China and Saudi Arabia, a civil law jurisdiction and an Islamic law jurisdiction, respectively, as they learn to read and write common law genres in the United States. Considering students’ experiences with these texts, the article outlines a potential framework for understanding the role of disciplinary concepts in second language legal literacy development. Specifically, the article elaborates a tentative taxonomy for disciplinary concepts that distinguishes between discourse-relevant concepts and discourse-structuring concepts in considering the interaction between language and content in ESP and CLIL for law.

  14. The abolition of 'the person' as a legal category in nazi philosophy of law

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2007-01-01

    The abolition of 'the person' as a legal category in Nazi philosophy of law - the career of Karl Larenz as an episode in the history of civil identity (Abstract) This paper discusses 'civil identity' as an aspect of the philosophy of the person. It presents an episode in the development of legal...... philosophy, the work of philosopher and professor of law, Karl Larenz (1903-1993), during the Nazi regime in Germany (1933-1945). Larenz and others strove to reform private law (Zivilrecht or bürgeriches Recht) in conformity with National Socialism. Central to that - racist, to be sure - project...

  15. Supporting transition to law school and student well-being: The role of professional legal identity

    Directory of Open Access Journals (Sweden)

    Rachael Field

    2013-08-01

    Full Text Available The empirically established decline in law student well-being during the first year of law school is a red-flagged imprimatur for first year curriculum change. This article suggests that by engaging law students with the concept of a positive professional identity, student engagement and intrinsic motivation will increase because they are working towards a career goal that has meaning and purpose. Law school is a time of professional transformation and the legal academy can take steps to ensure that this transformation is inculcated with positive messages. Literature from the fields of law and psychology is analysed in this article, to explain how a positive conception of the legal profession (and a student’s future role within it can increase a student’s psychological well-being – at law school and beyond.

  16. Civil Law Legal Assistance; Lawyer’s Study Guide

    Science.gov (United States)

    1998-05-01

    marital or cohabitation domicile. Sexual relations leading to conception. Maintenance of matrimonial domicile within the state. Possible "in rem...satisfied, superseded, materially amended or set aside. The member may raise that there is a legal impediment to the establishment of an involuntary

  17. Legal aspects of nuclear law in Colombia and Latin America

    International Nuclear Information System (INIS)

    Mora M, M.; Pinzon A, J.

    1984-01-01

    I this thesis area studied the legal aspects of atomic energy, both nationally and internationally; furthermore its made a historical tour of the use of atomic energy in topic as medicine, industry, atomic energy generation and environmental aspects related of energy atomic, and name some institutes that can work in Colombia in this aspects

  18. Legal Positivist Theory Versus Historicist and Cultural philosophy of law

    DEFF Research Database (Denmark)

    Jarvad, Ib Martin

    2007-01-01

    Presentation and analysis of the particular Danish tradition of interpretation of statute law by motives from the legislative process and the background in the particular Danish doctrine of democracy af expounded by Alf Ross and Hal Koch.......Presentation and analysis of the particular Danish tradition of interpretation of statute law by motives from the legislative process and the background in the particular Danish doctrine of democracy af expounded by Alf Ross and Hal Koch....

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    Prica Miloš

    2014-01-01

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

  1. The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials.

    Science.gov (United States)

    Hall, Matthew; Greenman, Emily

    2015-01-01

    Considerable research and pervasive cultural narratives suggest that undocumented immigrant workers are concentrated in the most dangerous, hazardous, and otherwise unappealing jobs in U.S. labor markets. Yet, owing largely to data limitations, little empirical work has addressed this topic. Using data from the 2004 and 2008 panels of the Survey of Income and Program Participation, we impute legal status for Mexican and Central American immigrants and link their occupations to BLS data on occupational fatalities and occupational hazard data from the Department of Labor to explore racial and legal status differentials on several specific measures of occupational risk. Results indicate that undocumented workers face heightened exposure to numerous dimensions of occupational hazard - including higher levels of physical strain, exposure to heights, and repetitive motions - but are less exposed than native workers to some of the potentially most dangerous environments. We also show that undocumented workers are rewarded less for employment in hazardous settings, receiving low or no compensating differential for working in jobs with high fatality, toxic materials, or exposure to heights. Overall, this study suggests that legal status plays an important role in determining exposure to job hazard and in structuring the wage returns to risky work.

  2. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  3. Preteen Children and Illegal Drugs

    Science.gov (United States)

    McKeganey, Neil; McIntosh, James; MacDonald, Fiona; Gannon, Maria; Gilvarry, Eilish; McArdle, Paul; McCarthy, Steve

    2004-01-01

    In this paper we report the results of research on the nature and extent of legal and illegal drug use among preteens and those factors associated with illegal drug use at this young age. The paper is based upon a survey of 2318 ten to twelve year olds in Glasgow and Newcastle. Overall around 30% of children reported having been exposed to illegal…

  4. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

  5. Illegal drugs and delinquency.

    Science.gov (United States)

    Kirschbaum, Katrin M; Grigoleit, Lisa; Hess, Cornelius; Madea, Burkhard; Musshoff, Frank

    2013-03-10

    An interrelation between consumption of illegal drugs and committing an indictable offence has been repeatedly discussed in literature. In a retrospective study serum concentrations of illegal and legal drugs as well as data originating from police reports and examinations by physicians taking blood from individuals being suspected to be under the influence of drugs were evaluated. Results from 4816 cases were available. Property offences were the most frequent type (36%) as well as consumption of cannabinoids (55%). Psychophysiological conditions of consumers were compared with according serum concentrations. Close correlations between stimulating drugs and violence associated crime could not be found. Stimulated as well as sedated behaviour occurring following the consumption of various drugs might be the reason for no clear correlation between types of offence and consumed illegal or legal drugs in this study. Copyright © 2013 Elsevier Ireland Ltd. All rights reserved.

  6. Energy law. The legal boundary conditions of power supply. 2. rev. ed.

    International Nuclear Information System (INIS)

    Stuhlmacher, Gerd; Stappert, Holger; Jansen, Guido

    2015-01-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  7. Abstract legal effect of juridical acts in European and Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

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

  8. Legal responsibility and the labor law application of managers in the Municipality of Gjilani businesses

    Directory of Open Access Journals (Sweden)

    Zymer Tafaj

    2015-03-01

    Full Text Available This paper explores the behavior of managers who lead businesses in the Gjilani municipality and their legal responsibility during their activities based on law. It consists of two phases. In the first phase we analyze the international literature that deals with this topic in a systematic interpretation. While in the second phase we analyze data’s collected from the field. In the second phase we have interviewed 15 managers, that have implied their perceptions about legal responsibility and on the other hand we have also interviewed 15 employees analyzing their legal responsibility. Among the most interesting findings in this paper, is that the managers of Gjilani municipality are aware about the legal responsibility theoretically, while most of them do not fulfill the obligations, by placing their interests in first place, with the aim of achieving more revenues by breaking the law.

  9. Prisoners' rights under the Nigerian law: legal pathways to ...

    African Journals Online (AJOL)

    Some rights are denied the prisoners by the prison administrators and, by extension, the State by lack of will to promote enabling environment and treatment to the prisoners. It is against this backdrop that this article appraises prisoners' rights that are to be respected, protected and fulfilled under the law, at national, regional ...

  10. Emerging legal concepts at the nexus of law, technology and society: a case study in identity

    OpenAIRE

    Downey, Laura J.

    2017-01-01

    The aim of this thesis is to investigate and further the understanding of the interaction between law, technology and society. My original contribution to this understanding lies in an account and analysis of the process of emergence (or potential emergence) of new legal concepts and of how new and developing technologies and social responses influence that process. Specifically, the work focuses on identity, which I argue is a currently emerging legal concept, and the ways in ...

  11. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    OpenAIRE

    Prahassacitta, Vidya

    2017-01-01

    Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues...

  12. On financing the internal enforcement of illegal immigration policies.

    Science.gov (United States)

    Bucci, G A; Tenorio, R

    1996-02-01

    "We introduce a government budget constraint into an illegal immigration model, and show that the effect of increasing internal enforcement of immigration laws on the host country's disposable national income depends on the mix of employer fines and income taxation used to finance the added enforcement. These issues are addressed under alternative assumptions about (a) the ability of host country employers to discern between legal and illegal workers, and (b) host country labor market conditions. Empirical evidence for the United States indicates that the employer sanctions program may have had a negative impact on disposable national income." excerpt

  13. Kant Between Jusnaturalism and Legal Positivism: The Grouding and the Structure of Law

    Directory of Open Access Journals (Sweden)

    Gustavo da Encarnação Galvão França

    2016-06-01

    Full Text Available This work outlines Immanuel Kant's (1724-1804 philosophy of law, discussing its framing within jusnaturalism or legal positivism. Hence, it analyzes the contrast between the grouding of law in Kant, strongly marked by the idea of freedom as legitimizing the state and the legal order, and its structure, characterized by formalism, by logical rigor, by the exaggerated importance of enforcement and by the remaining of the validity of the order even when it goes against the idea of justice that sustains it (denial of right of resistance.

  14. Marijuana Legalization: Implications for Property/Casualty Insurance

    OpenAIRE

    Brenda Wells

    2014-01-01

    An increasing number of states have legalized marijuana for recreational use. Though marijuana is still illegal at the Federal level, the administration will not seek to enforce the law in states that have legalized its use, consistent with a majority of Americans who indicate that they do not want Federal resources used to arrest and convict marijuana smokers in states that have legalized the substance (Ferner, 2012). With the legalization of marijuana comes interesting implications for the ...

  15. Gene-Editing: Interpretation of Current Law and Legal Policy

    OpenAIRE

    Kim, Na-Kyoung

    2017-01-01

    ABSTRACT With the development of the third-generation gene scissors, CRISPR-Cas9, concerns are being raised about ethical and social repercussions of the new gene-editing technology. In this situation, this article explores the legislation and interpretation of the positive laws in South Korea. The BioAct does not specify and regulate 'gene editing' itself. However, assuming that genetic editing is used in the process of research and treatment, we can look to the specific details of the regul...

  16. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of Reference

    OpenAIRE

    MÖSLEIN, Florian

    2009-01-01

    The Europeanization of contract law has continuously developed over the past 25 years. It is now at a defining stage, with the Draft Common Frame of Reference (DCFR) recently being published. This article is not primarily concerned with the substance of this instrument, but with the process of legal innovation it might trigger. The hypothesis is that the adoption of such a rulebook will have a significant impact on the future development of European contract law. Yet the nature and likely eff...

  17. Challenging a court settlement: Concept, legal nature and methods of challenging in domestic and comparative law

    Directory of Open Access Journals (Sweden)

    Salma Marija

    2011-01-01

    Full Text Available In this paper the author offers analysis of rules regulating the challenging of a court settlement in light of the evolution and legal nature of the court settlement in domestic and comparative law (Austrian, German, and Hungarian laws. The method of the procedural challenge depended on the understanding whether the settlement is an agreement (contract between parties before the court or it is a decision of the court (on acceptance or rejection of the proposal of the parties to reach a settlement. In the earlier instance the method of challenge is by filing of an action, and in the latter instance it represents a form of a legal remedy, most often extraordinary legal remedy - request for repetition of a trial, against final and binding decision of the court by which the settlement was either accepted or rejected. Theoretical dilemma about the legal nature of the court settlement, had an effect on normative regulations, as well as on court practice. In the Serbian law, this dilemma was resolved by enactment of the Civil Procedure Code which explicitly regulates that court settlement is challenged by an action before the court. As a result of this, the idea of a court settlement, as a form of an agreement, prevailed in the legal system. However, considerable procedural effects of the court settlement cannot be ignored. The principal procedural effect is that the litigation is terminated. Further, the court settlement represents a form of an executive title.

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

    International Nuclear Information System (INIS)

    Ali, A.M.

    2008-01-01

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

  19. A New Paradigm for the Teaching of Business Law and Legal Environment Classes

    Science.gov (United States)

    Lampe, Marc

    2006-01-01

    There is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The world of the business practitioner is very different from that of the lawyer. For most business people…

  20. M Wiese THE LEGAL NATURE OF A LIEN IN SOUTH AFRICAN LAW

    African Journals Online (AJOL)

    10332324

    M Wiese*. 1. Introduction. There are many uncertainties pertaining to the law of liens in South Africa. These include the real operation of a lien, the question whether a mala fide possessor can rely on a lien for money ..... namely the capacity to participate in legal commerce, and an entitlement. (bevoegdheid), namely the ...

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

    Science.gov (United States)

    Cockfield, Arthur J.

    2010-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Abu Rokhmad

    2017-12-01

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

  3. The Charter, Educational Administration and U.S. Case Law: Contracting Legal Norms and Traditions.

    Science.gov (United States)

    Pistula, Pat; Manley-Casimir, Michael E.

    The historical, political, and legal evolution of Canada and its traditions has differed from that of the United States' uncritical adoption of U.S. case law. Canada's 1982 Charter, the counterpart of the United States Bill of Rights, is discussed. This paper examines the fundamental differences between Canadian and U.S. value patterns and legal…

  4. 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,…

  5. Legal Client Counseling for Sharia Law Students: An Innovative Approach toward Increasing Professionalism in Sharia Counseling

    Science.gov (United States)

    Samuri, Mohd Al-Adib; Wahab, Norazla Abdul; Kusrin, Zuliza Mohd; Muda, Mohd Zamro; Manap, Norhoneydayatie Abdul

    2013-01-01

    One of the issues that often circulates among newly recruited Sharia lawyers is the lack of the required capability or aptitude to be a Sharia counsel, especially when conducting legal counseling with clients. The Department of Sharia law, Faculty of Islamic Studies, Universiti Kebangsaan Malaysia (UKM), must play an important role in preparing…

  6. Transnational legal assemblages and global security law: topologies and temporalities of the list

    NARCIS (Netherlands)

    Sullivan, G.

    2014-01-01

    This article examines the UN 1267 Al-Qaida sanctions regime as a technique of global security listing and form of transnational law with distinct legal ordering processes. Conventional literatures frame these sanctions in formalist terms, flattening their complexity. Understanding their qualities

  7. Health care and the illegal immigrant.

    Science.gov (United States)

    Glen, Patrick

    2013-01-01

    The question of whether illegal immigrants should be entitled to some form of health coverage in the United States sits at the intersection of two contentious debates: health reform and immigration reform. Proponents of extending coverage argue that the United States has a moral obligation to provide health care to all those within its borders. Conversely, those against doing so argue that immigrants illegally present in the country should not be entitled to public benefits. This Article seeks to chart a middle course between these extremes while answering two questions. First, does constitutional law mandate extending health coverage to illegal immigrants? Second, even if not legally mandated, are there compelling policy reasons for extending such coverage? This Article concludes that while health coverage for illegal immigrants is not required under prevailing constitutional norms, extending coverage as a matter of policy would serve the broader interests of the United States. Extending coverage would be beneficial as a matter of economics and public health, generating spillover benefits for all US citizens and those in the US healthcare and health insurance systems.

  8. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  9. Legal Linguistics as a Mutual Arena for Cooperation: Recent Developments in the Field of Applied Linguistics and Law

    Science.gov (United States)

    Engberg, Jan

    2013-01-01

    This article reports on some of the recent projects and individual works in the field of Legal Linguistics as examples of cooperation between Applied Linguistics and law. The article starts by discussing relevant prototypical concepts of Legal Linguistics. Legal Linguistics scrutinizes interactions between human beings in the framework of legal…

  10. Gene-Editing: Interpretation of Current Law and Legal Policy.

    Science.gov (United States)

    Kim, Na-Kyoung

    2017-09-01

    With the development of the third-generation gene scissors, CRISPR-Cas9, concerns are being raised about ethical and social repercussions of the new gene-editing technology. In this situation, this article explores the legislation and interpretation of the positive laws in South Korea. The BioAct does not specify and regulate 'gene editing' itself. However, assuming that genetic editing is used in the process of research and treatment, we can look to the specific details of the regulations for research on humans as well as gene therapy research in order to see how genetic editing is regulated under the BioAct. BioAct differentiates the regulation between (born) humans and embryos etc. and the regulation differ entirely in the manner and scope. Moreover, due to the fact that gene therapy products are regarded as drugs, they fall under different regulations. The Korean Pharmacopoeia Act put stringent sanctions on clinical trials for gene therapy products and the official Notification "Approval and Examination Regulations for Biological Products, etc." by Food and Drug Safety Administration may be applied to gene editing for gene therapy purposes.

  11. Law in everyday life and death: a socio-legal study of chronic disorders of consciousness

    Science.gov (United States)

    Halliday, Simon; Kitzinger, Celia; Kitzinger, Jenny

    2015-01-01

    This paper addresses, from a socio-legal perspective, the question of the significance of law for the treatment, care and the end-of-life decision making for patients with chronic disorders of consciousness. We use the phrase ‘chronic disorders of consciousness’ as an umbrella term to refer to severely brain-injured patients in prolonged comas, vegetative or minimally conscious states. Based on an analysis of interviews with family members of patients with chronic disorders of consciousness, we explore the images of law that were drawn upon and invoked by these family members when negotiating the situation of their relatives, including, in some cases, the ending of their lives. By examining ‘legal consciousness’ in this way (an admittedly confusing term in the context of this study,) we offer a distinctly sociological contribution to the question of how law matters in this particular domain of social life. PMID:26041944

  12. THE LEGAL APPROACH TO HISTORIC PRESERVATION: A COMPARATIVE STUDY OF HISTORIC PRESERVATION LAWS IN NEW YORK AND HONG KONG

    OpenAIRE

    ZHENG, Jie Jane

    2015-01-01

    To explore the significance of historic preservation in metropolitan cities and disparities in the legal system to preservation, this paper conducts a comparative study of Hong Kong and New York. To begin with, it provides an overview of the historic preservation legal system in New York and Hong Kong and outlines the major preservation laws respectively in two cities. It pinpoints the key difference of the two legal systems: historic preservation in New York is shaped by four tiers of laws o...

  13. Impact of E-Cigarette Minimum Legal Sale Age Laws on Current Cigarette Smoking.

    Science.gov (United States)

    Dutra, Lauren M; Glantz, Stanton A; Arrazola, René A; King, Brian A

    2018-02-03

    The purpose of this study was to use individual-level data to examine the relationship between e-cigarette minimum legal sale age (MLSA) laws and cigarette smoking among U.S. adolescents, adjusting for e-cigarette use. In 2016 and 2017, we regressed (logistic) current (past 30-day) cigarette smoking (from 2009-2014 National Youth Tobacco Surveys [NYTS]) on lagged (laws enacted each year counted for the following year) and unlagged (laws enacted January-June counted for that year) state e-cigarette MLSA laws prohibiting sales to youth aged marijuana legalization, income, and unemployment) covariates. Cigarette smoking was not significantly associated with lagged MLSA laws after adjusting for year (odds ratio [OR] = .87, 95% confidence interval [CI]: .73-1.03; p = .10) and covariates (OR = .85, .69-1.03; p = .10). Unlagged laws were significantly and negatively associated with cigarette smoking (OR = .84, .71-.98, p = .02), but not after adjusting for covariates (OR = .84, .70-1.01, p = .07). E-cigarette and other tobacco use, sex, race/ethnicity, age, and smoke-free laws were associated with cigarette smoking (p <.05). Results unadjusted for e-cigarette use and other tobacco use yielded a significant negative association between e-cigarette MLSA laws and cigarette smoking (lagged: OR = .78, .64-.93, p = .01; unlagged: OR = .80, .68-.95, p = .01). After adjusting for covariates, state e-cigarette MLSA laws did not affect youth cigarette smoking. Unadjusted for e-cigarette and other tobacco use, these laws were associated with lower cigarette smoking. Copyright © 2017 The Society for Adolescent Health and Medicine. All rights reserved.

  14. Legal and criminal law protection of children from sexual violence: Proposals de Lege Ferenda

    Directory of Open Access Journals (Sweden)

    Petković Nikola

    2012-01-01

    Full Text Available The legal and criminal law protection of children from sexual violence is a major element of the combat against this complex form of crime. Well-designed laws, consistency in their implementation, evaluation of effects and effectiveness of the measures envisaged by the laws are only some steps that must be made if the positive results are expected in opposing any crime, and therefore to sexual violence. Moreover, if we consider the consequences of attempted and/or committed sexual violence for the victim, which, if they reach the public evoke strong reaction, it is clear why the parts of the relevant legislation that regulate this matter are worthy of special attention to scientific and professional public. However, the mission of finding a fair legislative solution is not simple. In this sense, the United States of America have the richest experience, and we shall just try to point out the importance and complexity of the regulation of criminal law protection of children from sexual violence through critical analysis of their proposals and already adopted solutions, as well as through analysis of certain elements of domestic legislation. The aim of this study is review and critical analysis of selected proposals and existing solutions in the sphere of legal and criminal law protection of children from sexual violence: the U.S. law that regulates formation of the registry of sex offenders which is available to the public ('Megan's law', legal solutions that provide chemical castration of 'pedophiles', as well as those related to the question of establishing the age limit that determines possibility of entering into consensual sexual relations with a minor.

  15. Cultural Diversity: Is It Present In American Law Schools And The Legal Profession?

    OpenAIRE

    Randall L. Robbins; Thomas J. Matthews

    2014-01-01

    The issue of diversity is certainly not a new concept.  This topic has been the focus of many corporate retreats and board room discussions.  However, one of the most reputable and esteemed professions is falling short of the bar in maintaining a diverse profile.  Research indicates that minority groups experience significant underrepresentation in law schools and the legal profession in general.  To address this issue, this research will focus on examining the value of diversity to the legal...

  16. Mixed Couples and Islamic Family Law in Egypt: Legal Consciousness in Transnational Social Space

    Directory of Open Access Journals (Sweden)

    Friso Kulk

    2013-12-01

    Full Text Available Studies on legal consciousness tend to focus on law at the local or national level. This raises the question how legal consciousness is shaped in a transnational context. This paper explores the concept of legal consciousness from the perspective of Dutch-Egyptian families and their everyday experiences with family law. Taking the work of Patricia Ewick and Susan Silbey on legal consciousness as a starting point, the main question that will be addressed is what the study of transnational migrants’ encounters with law can add to the theorising of legal consciousness. It will be argued that this can add to our understanding of legal consciousness in at least two ways. Firstly, transnational social space can offer a site for exploring the way personal experiences with law connect to larger patterns of meaning. Secondly, the shifts in societal and legal positions as a consequence of migration offer the opportunity to examine legal consciousness as a dynamic process. Los estudios sobre la conciencia jurídica tienden a centrarse en la ley a nivel local o nacional. Esto plantea la cuestión de cómo la conciencia jurídica se forma en un contexto transnacional. En este trabajo se explora el concepto de la conciencia jurídica desde la perspectiva de familias holandesas-marroquíes y holandesas-egipcias y sus experiencias cotidianas con el derecho de familia. Tomando como punto de partida el trabajo de Patricia Ewick y Susan Silbey en materia de conciencia jurídica, la pregunta principal que se aborda es lo que puede aportar a la teorización de la conciencia jurídica el estudio de los enfrentamientos de los emigrantes transnacionales con la ley. Se argumenta que esto puede contribuir a nuestra comprensión de la conciencia jurídica en al menos dos formas. En primer lugar, el espacio social transnacional puede ofrecer un lugar para explorar el modo de experiencias personales con la ley conectadas con patrones más grandes de significado. Y en

  17. The impact of a liberalisation law on legally induced abortion hospitalisations.

    Science.gov (United States)

    Gonçalves-Pinho, Manuel; Santos, João V; Costa, Antónia; Costa-Pereira, Altamiro; Freitas, Alberto

    2016-08-01

    Legal abortion based purely in maternal option without fetal/maternal pathology was liberalised in Portugal in 2007 and since then abortion rates have increased substantially. The aim of this paper was to study the impact of the liberalisation of abortion by maternal request on total legal abortion related hospitalisation trends. We considered hospitalisations of legal abortion (ICD-9-CM codes 635.x) with discharges from 2000 to 2014. Data was obtained from a Portuguese administrative database, which contains all registered public hospitalisations in mainland Portugal. Performed legal abortions during the same period were obtained from INE (National Statistics Institute). Hospitalisations per abortion were calculated by dividing the number of legal abortions hospitalisations per the number of legal abortions, mean ages, number of hospitalisations per age group, complications, admission type and length of stay were also analysed, throughout the study period. Hospitalisations rose during the study period, (from 618 episodes in 2000 to 1,259 in 2014, with a peak of 1,603 in 2010). Since the liberalisation law was passed there was a significant decrease in the number of hospitalisations per abortion: from 1.07 in 2000 to 0.11 in 2014 (pAbortion related hospitalisations are more frequent in women aged 25-39. A significant decrease from the emergent to the scheduled type of admission occurred from 2000 to 2014 (from 83.5% to 56.7% of emergent admissions) (pabortion have decreased, reflecting the major impact that the liberalisation of legal abortion by maternal request had on abortion trends nationwide. Before the liberalisation, each abortion led to approximately one hospitalisation while after the liberalisation this trend shifted to approximately 10% of the number of abortions. Legal abortion related hospitalisations are more frequent in women aged between 25 and 39 years old, an older age group when compared to the one registered in all cases of legal abortions

  18. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    Directory of Open Access Journals (Sweden)

    Saldi Isra

    2017-08-01

    Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

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

    Science.gov (United States)

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

    2013-08-01

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

  20. Personality disorders at the interface of psychiatry and the law: legal use and clinical classification.

    Science.gov (United States)

    Johnson, Sally C; Elbogen, Eric B

    2013-06-01

    Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control.

  1. Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2017-01-01

    Full Text Available Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues. Using secondary data from literature study and observation on several cyber media websites, this discovers two conclusions. First, the citizen journalist is part of freedom of the press; it means that a citizen journalist’s creation has protected form censor and bans. However, a citizen journalist still has a limitation which shall be complied videlicet Civil Code and Law No. 11 The year 2008 concerning Information and Electronic Transaction. Violation of both regulations means that a citizen journalist shall be legally responsible. Second, protection and responsibility border between a citizen journalist and press company are based on an agreement. Approval of term and condition of general user content in a website from a citizen journalist means that both parties have agreed to enter into an agreement. A press company might be freed of its legal responsibility as long as conducted its obligation to control and manage contents that have been uploaded and published by a citizen journalist. If the company does not take proportional action against citizen journalist’ contents that violating the law, the press company shall be requested its civil or criminal legal responsibility.

  2. The pursuit of the rule of law within a pluri-legal environment: Female circumcision—a case study

    NARCIS (Netherlands)

    Gibson, B.N.

    2014-01-01

    In nations where state law is in conflict with traditional or customary law, significant issues can arise regarding the implementation of and adherence to national laws. A thorough understanding of this phenomenon within the context of legal pluralism is likely to reduce some of this conflict and

  3. The Legal Nature of Video Games – Adapting Copyright Law to Multimedia

    OpenAIRE

    Julian Simon Stein

    2015-01-01

    In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video g...

  4. Researching illegal logging and deforestation

    OpenAIRE

    Boekhout van Solinge, T.

    2014-01-01

    Tropical deforestation such as in the Amazon can be studied well from a green criminological perspective. Ethnographic research methods form a useful way to get insight into the dynamics and complexity of tropical deforestation, which often is illegal. This article gives an account of various ethnographic visits to the rainforests of the Amazon in the period 2003-2014. Ethnographic methods provide insight into the overlap between the legal and illegal, the functioning (or not) of state instit...

  5. Illegal logging and local democracy: between communitarianism and legal fetishism Extração ilegal de madeira e democracia local: entre o comunitarianismo e o fetichismo legalista

    Directory of Open Access Journals (Sweden)

    Antonio Azuela

    2006-06-01

    Full Text Available The paper considers two major views of illegal logging: "Communitarian" and "legalistic". The former emphasizes the positive role of local communities and sees law enforcement programs as, at least potentially, counterproductive to environmental policy. While this perception fails to take the rule of law seriously, it shows the importance of local arrangements for sustainable use of forests. On the other hand, there is a view of deforestation that defines it only in juridical terms as 'illegal logging', without taking into account the variety and complexity of social problems at local level. The paper reviews some of the ways social sciences help us to overcome the limitations of both views. However, it also points at an issue that has not been sufficiently addressed by social disciplines: the question of local democracy. While most observers agree on the need of democratic institutions at the local level, there is not enough research and deliberation on the social conditions that make those institutions possible. This is a challenge for social sciences, due to the growing complexity of rural societies, a complexity that includes inter alia conflicts between owners and non-owners of natural resources, as well as the presence of 'external' social actors such as NGOs.O artigo aborda duas visões importantes sobre a "extração ilegal de madeira": a perspectiva "comunitária" e a perspectiva "legalista". A primeira enfatiza o papel positivo de comunidades locais e vê os programas de aplicação da lei, pelo menos potencialmente, como contraproducentes para as políticas ambientais. Embora esta perspectiva não leve a sério o poder da lei, ela mostra a importância dos acordos locais para o uso sustentável das florestas. Por outro lado, há uma visão do desmatamento que o define apenas em termos judiciais como "extração ilegal de madeira", sem levar em conta a variedade e complexidade dos problemas sociais no nível local. O artigo rev

  6. The legal status of cannabis (marijuana) and cannabidiol (CBD) under U.S. law.

    Science.gov (United States)

    Mead, Alice

    2017-05-01

    In the United States, federal and state laws regarding the medical use of cannabis and cannabinoids are in conflict and have led to confusion among patients, caregivers, and healthcare providers. Currently, cannabis is legal for medical purposes in 50% of the states, and another seventeen states allow products that are high in cannabidiol (CBD) and low in THC (tetrahydrocannabinol) for medical use. Many of these artisanal products are sold in dispensaries or over the internet. However, none of these products has been approved by the Food and Drug Administration (FDA). Understanding how federal laws apply to clinical research and practice can be challenging, and the complexity of these laws has resulted in particular confusion regarding the legal status of CBD. This paper provides an up-to-date overview (as of August 2016) of the legal aspects of cannabis and cannabidiol, including cultivation, manufacture, distribution, and use for medical purposes. This article is part of a Special Issue title, Cannabinoids and Epilepsy. Copyright © 2017 The Author. Published by Elsevier Inc. All rights reserved.

  7. "Graduated Response Policy and the Behavior of Digital Pirates: Evidence from the French Three-Strike (Hadopi) Law"

    OpenAIRE

    MICHAEL ARNOLD; ERIC DARMON; SYLVAIN DEJEAN; THIERRY PENARD

    2014-01-01

    Most developed countries have tried to restrain digital piracy by strength- ening laws against copyright infringement. In 2009, France implemented the Hadopi law. Under this law individuals receive a warning the first two times they are detected illegally sharing content through peer to peer (P2P) networks. Legal action is only taken when a third violation is detected. We analyze the impact of this law on individual behavior. Our theoretical model of illegal be- havior under a graduated respo...

  8. (Virtual) Water-repellent Law? Why Legal Studies Should Be Brought Into the Virtual Water Debate

    Science.gov (United States)

    Turrini, Paolo

    2014-05-01

    Virtual water studies are a marvelous example of the much praised "interdisciplinary approach", efficaciously intertwining many threads woven by scholars of very diverse fields of research. After all, if water is an object of biological interest and the word "virtual" becomes especially significant in the framework of the international trade flows, why should agronomists and economists not work together? And, with them, hydrologists, environmental engineers, network analysis experts… either working side by side or, at least, following one another's steps. Browsing the relevant academic literature one may notice that a vast array of disciplines is dealing with the topic. As a consequence, it may come as a surprise that lawyers seem to have remained almost deaf to the charming call of virtual water. A social science thoroughly "social" even if sometimes deemed (also by its practitioners) akin to humanities - and for this reason not always timely in catching the hints by hard sciences - law has a lot to say about virtual water and its manifold aspects. And it is so, in my opinion, in at least two respects. First of all, legal provisions can be determinants of social facts no less than other types of norms, such as physical or economic laws. Law shapes the human behavior by giving incentives or establishing constraints to the conduct of virtually any kind of social actor, be they farmers needing to decide what to grow, entrepreneurs willing to invest in the water market, or governments requested to address their communities' problems. All of them will make their choices in consideration of the costs, opportunities, and limits set by a number of regulations. In the second place, and strictly connected with the first reason, law may offer some answers to the challenges that virtual water and, more in general, the water-food nexus bring with them. In fact, understanding the way legal provisions affect the taking of decisions in the water sector, one may try to devise

  9. Modifications of the Byzantine law in the Slavonic legal code 'Zakon sudnyi lyudem'

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    Nikolić Dragan

    2014-01-01

    Full Text Available The paper analyses the provisions of the oldest Slavonic legal code 'Zakon Sudnyi Lyudem' (the Law on the Trial of People from the 9th century which were made by the process of reception with the modification of the corresponding provisions of the Byzantine Ecloga. Out of 19 articles of this Law which are based on the articles from the Ecloga, 17 of them contain penal norms which regulate the penal protection of other people's property, gender morality, physical integrity of personality, marriage, family and the right of Church asylum. The author has identified three types of modifications: modifications of a linguistic style (the use of words which have a closely related meaning to the words from the Ecloga, or the paraphrase of the text from the Ecloga in one's own words, quantitative modifications (shortening or expansion of the text from the Ecloga and qualitative modifications (the essential change of the text from the Ecloga. The editors of the Slavonic legal code used qualitative modifications in order to put a mark of their time into their Law, as a personal evaluation of the appropriateness of concrete modifications, and they tried to satisfy the real or assumed needs of their social reality. Many qualitative modifications were conducted with the aim of affirming and establishing Christianity as a newly appropriated official religion in that region, and also with the aim of repressing the heritage of the pagan customary law.

  10. International electronic contracts and Brazilian law: between the domestic legal deficit and global solutions

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    Fabrício Bertini Pasquot Polido

    2017-05-01

    Full Text Available http://dx.doi.org/10.5007/2177-7055.2017v38n75p157 The article explores some issues regarding the interface between international electronic contracts and private international law. Today, thanks to the internet, crossborder commercial transactions, previously unthinkable, become possible. However, as to the inherent specificities of the internet, contracts having connecting factors offer bring questions related to determination of law applicable or even validity issues, among others. Unlike the extensive regulatory agenda furthered by the United Nations Commission on International Trade Law on the subject, Brazil needs to assess existing initiatives and designing the necessary solutions for ensuring legal certainty in this field.

  11. Legal protection of victims under criminal law in the Republic of Macedonia

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    Bačanović Oliver

    2008-01-01

    Full Text Available The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice. The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

  12. The Digitalization of the Assembly Line of Knowledge About Law: A Reinvention of the Confrontational Nature of Legal Scholarship?

    NARCIS (Netherlands)

    d' Aspremont, J.; van den Herik, L.

    2013-01-01

    This paper reflects upon the rise of new tools of production and dissemination of knowledge about law as well as their impact on the dynamics and the nature of the profession of legal scholar. Taking the contemporary international legal scholarship as a case-study, it discusses potentially dramatic

  13. German law on circumcision and its debate: how an ethical and legal issue turned political.

    Science.gov (United States)

    Aurenque, Diana; Wiesing, Urban

    2015-03-01

    The article aims to illuminate the recent debate in Germany about the legitimacy of circumcision for religious reasons. The aim is both to evaluate the new German law allowing religious circumcision, and to outline the resulting conflict between the surrounding ethical and legal issues. We first elucidate the diversity of legal and medical views on religious circumcision in Germany. Next we examine to what extent invasive and irreversible physical interventions on infant boys unable to given their consent should be carried out for non-medical reasons. To this end, the potential benefits and harms of circumcision for non-medical reasons are compared. We argue that circumcision does not provide any benefits for the 'child as a child' and poses only risks to boys. We then set out to clarify and analyse political (rather than ethical) justifications of the new circumcision law. We demonstrate through this analysis how the circumcision debate in Germany has been transformed from a legal and ethical problem into a political issue, due at least in part to Germany's unique historical context. Although such a particular political sensibility is entirely comprehensible, it raises particular problems when it comes to framing and responding to medical ethical issues - as in the case of religious circumcision. © 2013 John Wiley & Sons Ltd.

  14. [Law and epilepsy. Legal sentences in the Federal Republic of Germany between 1952 and 2000].

    Science.gov (United States)

    Schulze-Lohne, M; Bauer, J

    2001-10-01

    We searched the internet-based "Juris" database for legal sentences related to epilepsy that were passed in the Federal Republic of Germany (FRG) between 1952 and 2000. We identified 143 sentences (annual range 0-10, mean 2.9 per annum). Six different types of court were involved (social, civil, administrative, criminal, family, and employment trials). The most judgements were made by social courts (52), and family and employment courts involved the fewest (five). We discuss three important areas of legal dispute in more detail (driving licences, employment law, criminal law). Changes in driving regulations over the years are explored on the basis of eight sentences. Only 30 years ago, patients with epilepsy were not allowed to drive motor vehicles. Now, the judgement on a patient's ability to drive is based on a process which takes account of specific types of epilepsy. Sentences relating to employment law demonstrate that employees will not necessarily be dismissed if they fail to inform their employer of the epilepsy diagnosis. In general, however, employers have the right to enquire about health issues such as epilepsy, and employees are obliged to answer such questions truthfully. An analysis of 13 criminal cases shows that expert witnesses are always called on to comment on a patient's credibility or degree of responsibility.

  15. The Development of the Interface between Law, Medicine and Psychiatry: Medico-Legal Perspectives in History

    Directory of Open Access Journals (Sweden)

    M Swanepoel

    2009-12-01

    Full Text Available Medicine and law were related from early times. This relation resulted as a necessity of protecting communities from the irresponsible acts of impostors. Various legal codes dealing with medical malpractice existed in Egypt, Mesopotamia, China, Islam, Greece, Rome, Persia and India. Over the course of the past 30 years, interest in the history of psychiatry has boomed. Much of this proliferation of interest has taken place under the broad influence of postmodernism and has resulted in multiple and diverse histories that no longer seek to provide a linear narrative of constant evolutionary progress. Rather, these new histories explore and disrupt taken for granted assumptions about the past and provide a starting point for discussion and debate about the some of the very foundations of mental health care in South Africa. As a matter of practical importance knowledge of how knowledge accrues and knowledge of the mistakes of the past is of prime importance in preventing similar mistakes in present and future work. An important reason for specifically understanding historical psychiatry is the fact that many of the uncertainties experienced in the present are a direct result of decisions made in the past. The key issue is that while it is tempting to experience current psychiatric and legal approaches towards the mentally disordered as natural and permanent, an understanding of the past helps mental health and legal practitioners to see things in a different perspective. Psychiatric and legal approaches towards the mentally disordered have changed over time and can undoubtedly also be changed in future. Therefore, the research conducted in this article focuses on the history and development of law and psychiatry including prehistoric times, the Arabian countries, the Nile Valley as well as Greece and Rome.

  16. Illegal Immigration and Agrarian Labour Market

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    Venancio Salcines

    2003-03-01

    Full Text Available In this work we analyse the relation which exists between a landowner and the immigrant workers contracted illegally by this person. For this reason, a theoretical model is developed based on the interconnection between the illegal and legal labour market. The big landowner analysed exercises a monopolistic power in the contracting of illegal manual labour. The application of a tariff in two parts permits this big landowner to obtain a greater surplus from the worker.

  17. Developing Law Students' Communicative-Linguistic Competence: Analysis of Eight Spanish Legal Textbooks from a Sociopragmatic Perspective

    Science.gov (United States)

    Ramos, Joseba Ezeiza

    2015-01-01

    This article presents a study carried out on eight Spanish legal textbooks in order to draw up an inventory of educational resources available to support the development of law students' communicative competence, taking into account the law degree curricula at Spanish universities (Ezeiza Ramos forthcoming a, forthcoming b). The analysis was…

  18. The Law, the Map and the Citizen: Designing a legal service infrastructure where rules make sense again

    NARCIS (Netherlands)

    Peters, R.M.

    2016-01-01

    Law is being digitalised. When this research started, the notion of digitalisation of law was new. The early attempts were websites that provided legal sources. The question occurred if this would be helpful to the citizen seeking answers for day-to-day problems. The research question evolved from

  19. The fetus as person: Possible legal consequences of the Hogan-Helms Amendment.

    Science.gov (United States)

    Pilpel, H F

    1974-01-01

    This article enumerates the possible legal questions that would have to be faced should the Hogan-Helms amendment to the U.S. Constitution be passed. The purpose of the amendment is to make all abortions illegal; the fetus is defined as a human being "from the moment of conception." Beyond the problems of defing the "moment of conception" and of the amendment increasing the number of abortions performed illegally, dangerously, and expensively, the passing of the amendment would result in chaos in terms of constitutional law, criminal law, tort law, laws of property and inheritance, tax questions, immigration, and naturalization laws.

  20. Sustainable Development, Moral Law and Legality in Defense of Cultural and Landscape Heritage

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    Giampaolo Maria Cogo

    2017-07-01

    Full Text Available Moved by Pope Frances’ urgent call to protect our common home by dealing with the environmental challenge and its human roots to achieve sustainable and integral development, the historical-legislative and institutional recognition act was drawn up on the protection and valorization of cultural-landscape-environmental heritage, matrix of the progress of civilization outlined in the fundamental principles of the Italian Constitution in the “cultural programme” focused on the relationship between cultureperson and environment-person. It recalls the action of the institutions to protect nature and the ecological-environmental balance and the activities of international organizations to safeguard nature from human actions. They are a sign of the critical issues of codification in the field of cultural, landscape and environmental heritage (2006-2009 due to a departure from natural legal right (jus envisaged as a moral law for enjoyment, compatible with a loving, responsible and prudent use, aimed at guaranteeing an integral sustainable development for future generations. In losing the natural moral law, one encounters the decisive factor in the fall of legality, with serious consequences for heritage protection and people’s growth, based on shared standards. A glimmer of hope can be discerned in the community/EU legislation to harmonize the protection and valorization of the environment according to criteria of substantive law, where the primary aims for the guarantee of future generations lead to regulatory processes anchored to the ethics of natural moral law, under the bulwark of true cooperation and good faith, in a strict justicial and sanctioning system, tempered by the use of fairness when the general interest of the common good prevails.

  1. Aspects of Implementation of European Law in the Legal System of the Republic of Moldova within the European Integration Process

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    Ilie Mamaliga

    2011-09-01

    Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.

  2. Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science

    Directory of Open Access Journals (Sweden)

    Nicola Lettieri

    2018-04-01

    Full Text Available Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers to experiment cutting-edge data-driven and computation-intensive analyses. The paper discusses the appearance of such tools in the emerging field of computational legal science. After a general introduction to the impact of computational methods on both natural and social sciences, we describe the concept and the features of an analytical platform exploring innovative cross-methodological approaches to the academic and investigative study of crime. Stemming from an ongoing project involving researchers from law, computer science and bioinformatics, the initiative is presented and discussed as an opportunity to raise a debate about the future of legal scholarship and, inside of it, about the challenges of computational legal science.

  3. Led Up the Tribunal Path? Employment Disputes, Legal Consciousness and Trust in the Protection of Law

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    Eleanor Joanne Kirk

    2017-12-01

    Full Text Available This article explores legal consciousness through a consideration of the trust that workers extend to employment law to protect them, and how they react when their expectations are frustrated, tracing evolving legal dispositions and reflections upon the boundaries of legality. Clients of Citizens Advice Bureaux were case-tracked as they attempted to resolve work-related disputes. Generally participants trusted employment law to be there for them, rarely anticipating the limits and conditionality of various rights, or the considerable difficulties that can accompany their enforcement. Frustrated expectations were met with varying degrees of acceptance and fatalism, with the redirection of grievances towards collectivised dissent or activism being exceptionally rare. People tend to engage with employment law in ways that legitimate institutions and reaffirm a system that, for a variety of reasons, offers weak protection and enforcement. Este artículo explora la conciencia jurídica, y, para ello, toma en consideración la confianza que depositan los trabajadores en que la legislación laboral los proteja, y cómo reaccionan cuando sus expectativas se ven frustradas, rastreando las disposiciones legales en desarrollo y sus reflejos sobre los límites de la legalidad. Se siguieron los casos de algunos clientes de las Oficinas de Asesoramiento a los Ciudadanos que intentaban solucionar conflictos laborales. En general, los participantes confiaban en que la ley del trabajo los protegiera, y rara vez preveían las limitaciones y condicionamientos de diversos derechos o las dificultades de su cumplimiento. Las expectativas frustradas generaban diversos grados de aceptación y fatalismo; la canalización de las quejas hacia la disensión colectiva o el activismo se daba de forma excepcionalmente rara. La gente tiende a comprometerse con la legislación laboral en formas que legitiman a las instituciones y que reafirman un sistema débil para ofrecer

  4. [Responsibilities of physicians in legal practice with emphasis on civil law].

    Science.gov (United States)

    Veselić, Ivica

    2007-01-01

    Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations.

  5. The Admission and Enrolment of Foreign Legal Practitioners in South Africa under the Legal Practice Act: International Trade Law and Constitutional Perspectives

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    Cornelius Hagenmeier

    2016-07-01

    Full Text Available Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get trained in other countries as part of their undergraduate degrees or even come to foreign shores to obtain law degrees. Many students hailing from other African countries study towards LLB degrees at South African universities. Major commercial law firms ensure that they can offer in-house expertise on major foreign legal systems and co-operate with partner firms in other parts of the globe. The General Agreement on Trade in Services (GATS, to which South Africa is a party, is a multilateral agreement focusing on the liberalisation of trade in services amongst member countries. Services under the GATS system include legal services. The commitments made by South Africa under this agreement require that South Africa allows foreign legal practitioners to establish a commercial presence or be transferred to South Africa. The Bill of Rights entrenched in Chapter 2 of the South African Constitution guarantees fundamental rights including the right to equality and freedom of trade, occupation and profession. With the coming into force of the new Legal Practice Act 28 of 2014, which provides a legislative framework for regulating the affairs of legal practitioners, including their admission and enrolment, it is necessary to assess the extent to which the Act complies with the GATS rules and the South African Constitution. This paper examines the new Legal Practice Act 28 of 2014, and examines whether the Act addresses the conflicts that have always existed between the regulation of the legal profession and the admission of legal practitioners in South Africa with South Africa's commitments under the GATS system. Using the

  6. AFRIFORUM V Malema: The Limits of Law and Complexity

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    Nico Buitendag

    2014-12-01

    Full Text Available The Afriforum v Malema 2011 6 SA 240 (EqC case drew considerable attention in the media and in the public discourse. The purpose of this note is to reflect upon the judgment from a theoretical vantage point. More specifically, by reading the judgment through an autopoietic systems theory lens, some points of criticism on the judgment in particular and the law in general become apparent. It is contended that the judgment illustrates how law necessarily excludes the factual complexity of a case, first by deciding which are the only facts legally relevant, and then second by reducing their meaning to a simple judgment of legal or illegal. Since law recognises only legal communication, this function means that the communication and identity are removed from legal subjects and given legal meanings. An attempt is made to open law to considerations external to what it traditionally considers to be relevant to its operation. The problem that law excludes facts it deems irrelevant is addressed through the introduction of a third value whereby to measure the legal and illegal, namely justice. Through asking if its judgments of legal or illegal are just, law becomes capable of reflexive self-observation. In this manner the very complex historical and narrative trappings of the case at hand do not need to be excluded as they are in the judgment. Rather than absolute, binary judgments, a slower, reflective engagement that makes modest claims is supported.

  7. HAKIM AGUNG SEBAGAI AGENT OF CHANGE MENUJU LAW AND LEGAL REFORM

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    Samsul Wahidin

    2017-10-01

    Full Text Available Supreme Court as the nation institution in nation power was the legislative power keeper. The performance in law enforcement had always to adapt the increase of society law. Here, justice was enforced based on society justice feeling. Supreme Court institution was occupied by a person, namely Supreme Judge or judge of the Supreme Court. Supreme Judge as ?God Representative? in the world had to dig and accommodate the justice value in society. In upholding the law and justice, it had to be realized that it was a simultaneous and continuous effort by integrating various components with Supreme Court and supreme judge as the concrete agent. Various components in law enforcement had to integrate in realizing the law goal which processed with space and time. Space gave a chance toward the law action, both one which fitted law and that which broke it.The processing time gave a chance to people to be creative and innovative.In another perspective, integration did not only mean to build power, especially against law violation. The effort which had to be done continuously was to keep renewing the legal source, so the component in realizing the law goal could be renewed, not merely in the meaning as the spirit and all the implications but more than that, up to date renewing had to be done continuously. It became a demand that had to be fulfilled all the time. There was no word ?finish? and there was no term ?final. Process was the form of the finalization itself. ?Mahkamah Agung sebagai lembaga negara dalam sistem kekuasaan negara adalah penjaga kekuasaan legislatif. Kinerjanya dalam penegakan hukum harus senantiasa menyesuaikan dengan perkembangan hukum masyarakat. Di sini keadilan ditegakkan berdasarkan rasa keadilan masyarakat. Kelembagaan Mahkamah Agung diisi oleh person, yaitu Hakim Agung. Hakim Agung sebagai ?wakil Tuhan? di muka bumi, harus senantiasa menggali dan mengakomodasikan nilai keadilan dalam masyarakat. Dalam menegakkan hukum dan keadilan

  8. Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

    OpenAIRE

    Saldi Isra; Ferdi Ferdi; Hilaire Tegnan

    2017-01-01

    It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preemi...

  9. THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

    Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

  10. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

  11. The Legal Nature of Video Games – Adapting Copyright Law to Multimedia

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    Julian Simon Stein

    2015-06-01

    Full Text Available In Copyright Law, video games are still a contentious matter. The multimedia nature of games brings up the question on how to define their legal nature. While there are several original underlying works in video games such as computer programs, artistic works, musical works, dramatic works etc., video games enjoy protection as films or audiovisual works respectively in many jurisdictions, making video games an arrangement of a multiplicity of works. However, some have argued to define video games as a single 'multimedia work' rather than a product of many works of copyright.This article analyses the different types of original and derivative works contained in video games before evaluating the necessity and feasibility of a multimedia category of work, arguing in favour of the current system.

  12. Challenging Racism in Brazil. Legal Suits in the Context of the 1951 Anti-Discrimination Law

    Directory of Open Access Journals (Sweden)

    Jerry Dávila

    Full Text Available Abstract This article examines efforts to define the nature of racial discrimination in Brazil, within an environment shaped by perceptions of the meaning of racism in the United States and perceptions about the nature of race relations in the lusophone world. The article asks how did black Brazilians work to define discrimination, and what opportunities did they find to mount challenges? This study elucidates reactions to discrimination, looking for these acts where they occurred rather than where the U.S. experience tells us to find them, exploring efforts to define discrimination and to create means to challenge it. Though these efforts often dialogued with ever-present perceptions about race in the U.S., they were adapted to particular legal, political, social and cultural circumstances in the Brazil of their time. In particular, I examine challenges to discrimination through criminal suits brought under Brazil's 1951 anti-discrimination law.

  13. The Changing Face of Immigration Law.

    Science.gov (United States)

    Nugent, Christopher

    2001-01-01

    Focuses on laws that influence U.S. immigration, such as the Illegal Immigration Reform and Immigrant Responsibility Act (1996), the Personal Responsibility and Work Opportunity Reconciliation Act (1996), the Anti-Terrorism and Effective Death Penalty Act (1996), and the Legal Immigration and Family Equity Act (2000). Includes discussion…

  14. Cloning: A Review on Bioethics, Legal, Jurisprudence and Regenerative Issues in Iran

    OpenAIRE

    Nabavizadeh, Seyedeh Leila; Mehrabani, Davood; Vahedi, Zabihallah; Manafi, Farzad

    2016-01-01

    In recent years, the cloning technology has remarkably developed in Iran, but unfortunately, the required legal framework has not been created to support and protect such developments yet. This legal gap may lead to abuse of scientific researches to obtain illegal benefits and to undermine the intellectual property rights of scientists and researchers. Thus to prevent such consequences, the attempts should be made to create an appropriate legal-ethical system and an approved comprehensive law...

  15. Terrorism x Principle of Legality: The Consequences of Criminal Law of The Enemy at the Law N. 13.260/16

    Directory of Open Access Journals (Sweden)

    Ana Claudia da Silva Abreu

    2016-12-01

    Full Text Available The article deals with the crime of terrorism, particularly the criminal conduct introduced by law number 13.260/16. The global demand after the terrorist attacks of September 11, 2001, occurred in the United States, there is the adoption of legislative measures aimed at combating such crime. The anti-terror laws usually falls within the context of so-called Criminal Law of the enemy. However, it is necessary to analyze the principle of legality as a limit of criminalization, to set the terrorist phenomenon in the context of democratic societies. It was adopted the monographic method, while technical research, the indirect documentation.

  16. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

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    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  17. 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...

  18. LEGAL AID AS SEEN IN THE LIGHT OF THE LAW NO. 270/2010 REGARDING THE AMENDMENT AND THE COMPLETION OF THE LAW NO. 51/1995 FOR THE ORGANIZATION AND THE PRACTICE OF THE LAWYER’S PROFESSION

    Directory of Open Access Journals (Sweden)

    STEFAN NAUBAUER

    2011-04-01

    Full Text Available According to the explanatory memorandum of the Government as well as to the favorable opinion of the Legislative Council, the Law no. 270/2010 relate mainly to the correlation the OUG no. 51/2008 on legal aid in civil matters, by covering in detail the circumstances and the conditions for granting legal aid as well as the organization of the activity of granting such assistance. From the perspective of European law, the Legislative Council appreciated that the new law is placed within the sphere of the legislation as regulated at the European Union level, that are circumscribed to the European Area of freedom, security and justice, within the European legislation reserved to the judicial cooperation in civil matters.In this material we will analyze the following issues: granting legal aid in criminal matters, in which defense is mandatory according to the dispositions in the Criminal Procedural Code; granting legal aid in any other causes except criminal ones, as modality to grant public legal aid, according to the law; legal aid throughout a lawyer, granted at the request of the organs of the local public administration; appointing the lawyer for legal aid; extra-judiciary legal aid; competences of the bars regarding legal aid; the department for the coordination of legal aid; services of legal aid; legal aid registry; payment for the activity of legal aid and extra-judiciary legal aid.

  19. 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 ...

  20. The right to die in Canadian legislation, case law and legal doctrine.

    Science.gov (United States)

    Plachta, M

    1994-01-01

    This article discusses moral, social, medical and legal problems pertaining to the so-called 'right to die' from the perspective of Canadian criminal legislation (the Criminal Code), constitutional law (the Charter of Rights and Freedoms) and court rulings. Regarding the latter, the opinions delivered in Nancy B v Hôtel-Dieu de Quebec and Rodriguez v British Columbia (Attorney General) are especially significant. In Rodriguez, the Supreme Court of British Columbia unequivocally rejected the petitioner's submission that the Charter of Rights and Freedoms guarantees the right to die. This judgment was upheld on appeal by both the British Columbia Court of Appeal and the Supreme Court of Canada. In addition, the article addresses the complex problem of legislating the right to die in Canada. Several options are examined, such as professional judgment and advance health care directives including living wills and powers of attorney for health care. In this context, the recommendations adopted by both the Law Reform Commission of Canada and provincial commissions are analysed. Finally, the article discusses the legislation proposed recently in Alberta, Manitoba, Newfoundland, Ontario and Saskatchewan. It seems doubtful, however, whether a nation-wide solution will be found in the near future.

  1. Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

    Directory of Open Access Journals (Sweden)

    Gennadij A. Borisov

    2017-06-01

    Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

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

    International Nuclear Information System (INIS)

    Brinkmann, M.

    1998-01-01

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

  3. State Administrative Legal Review on the Bill of Retraction Law of Corrupted Assets in Eradication Effort of Corruption in Indonesia

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

    Full Text Available Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003, Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption.

  4. An optional instrument on EU contract law: could it increase legal certainty and foster cross-border trade?

    NARCIS (Netherlands)

    Hesselink, M.W.

    2010-01-01

    It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator will

  5. Recención libro "Law and revolution. The Formation of The Western Legal Tradition", de Harold J. Berman

    Directory of Open Access Journals (Sweden)

    Mario Arnello Romo

    2012-12-01

    Full Text Available Comentario del Profesor Mario Arnello al libro ""Law and revolution. The Formation of The Western Legal Tradition", de Harold J. Berman, Profesor Emérito de Harvard Law School, B.A. Darmouth College, 1938; M.A.1942, LL.B. 1947, Yale University; LL.D. Catholic University of America, 1991; D.H.L. Virginia Theological Seminary, 1995; Doctor honoris causa, University of Ghent, 1997; Doctor honoris causa,  Russian Academy of Sciences Law University, 2000.

  6. The biomedicalisation of illegal abortion: the double life of misoprostol in Brazil

    Directory of Open Access Journals (Sweden)

    Silvia De Zordo

    Full Text Available Abstract This paper examines the double life of misoprostol in Brazil, where it is illegally used by women as an abortifacient and legally used in obstetric hospital wards. Based on my doctoral and post-doctoral anthropological research on contraception and abortion in Salvador, Bahia, this paper initially traces the “conversion” of misoprostol from a drug to treat ulcers to a self-administered abortifacient in Latin America, and its later conversion to aneclectic global obstetric tool. It then shows how, while reducing maternal mortality, its use as an illegal abortifacient has reinforced the double reproductive citizenship regime existing in countries with restrictive abortion laws and poor post-abortion care services, where poor women using it illegally are stigmatised, discriminated against and exposed to potentially severe health risks.

  7. Cell-based veterinary pharmaceuticals – Basic legal parameters set by the veterinary pharmaceutical law and the genetic engineering law of the European Union

    Directory of Open Access Journals (Sweden)

    Timo Faltus

    2016-11-01

    Full Text Available Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU. For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorisation for their placement on the market before being used by the veterinarian. The manufacture, placing on the market and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorisation is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

  8. Removing samples taken illegally in the criminal trial

    Directory of Open Access Journals (Sweden)

    Ph. D. Dumitru Rădescu

    2009-12-01

    Full Text Available As far as evidence in a criminal trial is concerned, Criminal Act no. 281/2003 has brought about a new procedural sanction in Romanian criminal procedure, completing article 64 in the Code of Criminal Procedure by a second para-graph, namely the exclusionary rule. The case-law of the European Court in Strasbourg is not very clear when it comes to the admissibility of illegally seized evidence against the defendant. As opposed to that, American and British common law and, following these standards, most of the traditional legal systems on the continent, acknowledge the practical use of this procedural sanction, although it is set out differently and gene-rates somewhat different effects. The said sanction is applied according to the particulars of each case, in order to achieve a just balance between the right to punish, which belongs to the state and the right to fair trial, which belongs to the suspect or the accused. In Romanian law, the unsubstantial legal provisions and the sparse case-law give no obvious answer to a series of fundamental questions related to the functioning and effects of this legal instrument: its relation to nullity, the “fruits of the poisonous tree” effect, its practical use depending on the “causes “ of illegality, the trial stage when it may be used, the procedure that governs its application and the persons entitled to benefit from this right etc. Moreover, the New Code of Criminal Procedure, in spiţe of its more complex content, tends to complicate many of the problematic issues in the current criminal procedure

  9. The Development of New Clinical Legal Education Courses at the Faculty of Law, Hasanuddin University, Makassar- Indonesia: Challenges and Prospects

    Directory of Open Access Journals (Sweden)

    Maskun

    2015-12-01

    Full Text Available Clinical subjects are a new model in Faculty of Law Hasanuddin University’s curriculum. It currently is implementing four legal clinics: (1 a civil law clinic; (2 a criminal law clinic; (3 an anti-corruption law clinic; and (4 an environmental law clinic. All of these clinics have been adopted in FH-UNHAS’s curriculum. This paper will focus on those subjects as new clinics and the students as new clinicians. It also discusses many challenges we face in managing the clinics and ensuring that all clinic students are able to engage in quality programming while working with our partners (local civil society organizations [CSOs] and formal justice institutions, such as District Courts and Provincial Prosecutor Offices.

  10. Human trafficking and legalized prostitution in the Netherlands

    Directory of Open Access Journals (Sweden)

    Siegel Dina

    2009-01-01

    Full Text Available On 1 October 2000, the Netherlands became the first European country to legalize prostitution as a profession, with its rights and duties. On the other hand, this new Dutch law excluded those sex workers, who come from outside the EU. The majority of women working in the sex industry, who are considered illegal migrants in the Netherlands, had two choices: either leaving the country or disappearing into the illegal criminal circuit. For law enforcement and assistant services, it became extremely difficult to control the sector. In this paper, the consequences of the 'Brothel Law' are presented. What happens with illegal non-European sex workers in the Netherlands, how the problem of human trafficking is constructed in Dutch media and combated in the country, what could be learned from the 'Dutch case'? The paper aims to answer these questions and contribute to the general study on human trafficking and voluntary prostitution in Europe.

  11. Sociological Foundation of Islamic Banking Law Legislation as The Legal Umbrella of Economic and Islamic Finance Development in Indonesia

    Directory of Open Access Journals (Sweden)

    Abdul Ghafur

    2015-04-01

    Full Text Available Objective - Sociologically, the existence of Law No.21/2008 on Islamic Banking in the splendor of economic development and Islamic finance is an interesting thing to observe. This paper wants to discuss the sociological foundation of Islamic banking law legislation as the legal umbrella of economic and Islamic finance development in Indonesia.Methods – qualitative Research, includes the study of law.Conclusions – At least, there are several spectrums that can be understood from the emergence of this law. First,the establishment of Islamic Banking Act is essentially a response to the provisions of Islamic law that has become the popular belief in the majority of Indonesian people who crave the realization of banking institutions which are free from usury, which is the Islamic law since his arrival in the archipelago until now classified as living law in the community. This reality is associated with the construction established by von Savigny. Second, the formation of Law No. 21/2008 concerning Islamic Banking is a response to social economic demand both nationally and globally. The presence of Islamic banks have become a necessity in managing the economy and coping with the economic crisis based on the underlying transaction. Third, the Establishment of Law No. 21/2008 concerning Islamic Banking in legal political perspective, has a basic principle, an aim and a response to the dynamic development of Indonesian society, particularly in relation to the development of Islamic economy. Fourth, formation of Islamic Banking Act affects the Islamic economic development in Indonesia, particularly in relation to the development of Islamic banking in Indonesia. Keywords:  Sociological Foundation, Islamic Banking Law, Economic Development.

  12. Leasing and legal culture : towards consistent behaviour in tax treatment in civil law and common law jurisdictions

    NARCIS (Netherlands)

    Mosquera Valderrama, Irma Johanna

    2007-01-01

    Dit proefschrift bevat een historisch rechtsvergelijkende studie naar het fenomeen leasing als een 'commmon law' concept ontwikkeld in de Verenigde Staten dat is getransplanteerd naar de 'civil law' landen Colombia, Frankrijk en Nederland. Bovendien verschaft dit proefschrift aanbevelingen met

  13. Legal means of the energy development in the respect of the environment in French law: research on the law of the sustainable development

    International Nuclear Information System (INIS)

    Grammatico, L.

    2003-05-01

    The energy regulation, in France, appears autonomous compared. to the environmental law. It was necessary to seek the reality of this autonomy, which resulted in analyzing its application at both national and community level. However, the autonomy of energy regulation has been kept in perspective through the influences of both public and economic policies, along with the general framework of life. This autonomy does not prevent the interdependence with environmental law. Indeed, the energy regulation is influenced by the environmental law, which can appear from differing viewpoints as either constraints for the energy sector or as opportunities. Here, the two regulations coexist with t:he environmental law trying to integrate completely with energy regulation. This seems to take place with difficulty through sustainable development, either requiring an evolution in traditional legal instruments or by the creation of new instruments. (author)

  14. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    Energy Technology Data Exchange (ETDEWEB)

    Steen, G. [Djursholm (Sweden); Wredberg, L. [ILG Consultant LTD, Vienna (Austria)

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and

  15. Seven law concepts on nuclear non-proliferation suggested by the International Group of Legal Experts (ILG)

    International Nuclear Information System (INIS)

    Steen, G.; Wredberg, L.

    2001-03-01

    The ILG has worked as an independent group under the Swedish Support Programme on Nuclear Non-Proliferation in Central and Eastern Europe and Central Asia. The ILG's mission is concluded with this report. When developing the seven Law Concepts on national nuclear legislation that are presented in this report, the ILG has applied certain basic principles, which are firmly established in modern Western legislation. A summary of these principles is made here. They are essential cornerstones in laws and regulations that apply both to the nuclear industry and to other high technology areas, characterised by advanced safety and security requirements. Of essential importance is that the Operator alone is responsible for the fulfilment of requirements stipulated in laws and authority directives. The technical complexity of the nuclear industry and the far-reaching requirements on safety and security necessitate a qualified and complete national system of legislation and regulations. As all legislation in general, the nuclear legislation should be clear, easy to understand and give little room for misunderstandings and loopholes. It should also present the legally established requirements on safety and security in a form that facilitates the application and implementation by both state authorities, facility operators and individuals. The investigations of the causes of the Three Mile Island and Chernobyl accidents brought into focus the impact on nuclear safety from human failure. As a consequence, increased emphasis has since then been put on the development of an overall high safety culture in the nuclear field. It is recognised that a good safety culture also promotes the non-proliferation systems and safeguards measures and helps to reduce the risk of illicit trafficking. In a high safety culture environment, each individual facility employee has to be motivated and encouraged to carry out the assigned duties and responsibilities in accordance with rules and regulations

  16. Does legal education have undermining effects on law students? Evaluating changes in motivation, values, and well-being.

    Science.gov (United States)

    Sheldon, Kennon M; Krieger, Lawrence S

    2004-01-01

    We evaluated changes in subjective well-being (SWB), motivation, and values occurring over the law-student career. In study 1, law students began with levels of SWB higher than a comparison sample of undergraduates, but by the end of the first year their SWB had plummeted. These changes were correlated with the sample-wide decreases in intrinsic motivation over the first year, and were also correlated with increases in appearance values and decreases in community service values. Those with the most intrinsic motivations attained the highest grades, but, ironically, high grades in turn predicted shifts in career preferences towards "lucrative" and higher-stress law careers, and away from "service"-oriented and potentially more satisfying law careers. The declines persisted over the second and third years of law school. In study 2, the basic effects were replicated for a different sample of first-year students at a different law school. Implications for legal education and the legal profession are discussed. Copyright 2004 John Wiley & Sons, Ltd.

  17. Legal regulation of the obligations in old romanian law, greek and roman

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2012-12-01

    Full Text Available Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.

  18. Legal consciousness and LGBT research: the role of the law in the everyday lives of LGBT individuals.

    Science.gov (United States)

    Knauer, Nancy J

    2012-01-01

    The law occupies a prominent place in the everyday lives of lesbian, gay, bisexual, and transgender (LGBT) individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of legal consciousness within the LGBT community.

  19. Legal ivory trade in a corrupt world and its impact on African elephant populations.

    Science.gov (United States)

    Bennett, Elizabeth L

    2015-02-01

    Illegal hunting of African elephants (Loxodonta africana) for ivory is causing rapid declines in their populations. Since 2007, illegal ivory trade has more than doubled. African elephants are facing the most serious conservation crisis since 1989, when international trade was banned. One solution proposed is establishment of a controlled legal trade in ivory. High prices for ivory mean that the incentives to obtain large quantities are high, but the quantity of tusks available for trade are biologically constrained. Within that context, effective management of a legal ivory trade would require robust systems to be in place to ensure that ivory from illegally killed elephants cannot be laundered into a legal market. At present, that is not feasible due to corruption among government officials charged with implementing wildlife-related legislation. With organized criminal enterprises involved along the whole commodity chain, corruption enables the laundering of illegal ivory into legal or potentially legal markets. Poachers and traffickers can rapidly pay their way out of trouble, so the financial incentives to break the law heavily outweigh those of abiding by it. Maintaining reliable permitting systems and leak-proof chains of custody in this context is challenging, and effective management breaks down. Once illegal ivory has entered the legal trade, it is difficult or impossible for enforcement officers to know what is legal and illegal. Addressing corruption throughout a trade network that permeates countries across the globe will take decades, if it can ever be achieved. That will be too late for wild African elephants at current rates of loss. If we are to conserve remaining wild populations, we must close all markets because, under current levels of corruption, they cannot be controlled in a way that does not provide opportunities for illegal ivory being laundered into legal markets. © 2014 Society for Conservation Biology.

  20. 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

  1. Licensing and decommissioning of nuclear installations -interpretation and further development of legal provisions by licensing authorities and by law courts

    International Nuclear Information System (INIS)

    Nobbe, U.

    1992-01-01

    Working Group 1, from this conference, whose brief was to deal with ''Licensing and Decommissioning of Nuclear Installations'', has based its results on the findings elaborated at earlier International Nuclear Law Association conferences, especially on the activities of Working Group 1 of Nuclear Inter Jura'85 (Constance), Nuclear Inter Jura'87 (Antwerp), and Nuclear Inter Jura'89 (Tokyo). Since then the Working Group has investigated the legal framework of licensing and decommissioning of nuclear installations on the basis of an international comparison. The legal and technical aspects of decommissioning measures are becoming more and more important and, consequently, continue to be topical subjects, both nationally and internationally. In the past, the Working Group had looked into the general aspects of the legal framework and its practical implementation; this time, the Group's deliberations focussed on some points of detail within these overall subjects. (author)

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

    Science.gov (United States)

    Henderson, Ana; Fry, Christine R

    2011-01-01

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

  3. The Impact of the Tax Reform Act of 1986 on Legal Education and Law Faculty.

    Science.gov (United States)

    Hoyt, Christopher R.

    1986-01-01

    The Tax Reform Act of 1986 changed the tax laws that affect how law schools raise revenue and how law faculty make expenditures. All law faculty should become familiar with the changes so as to minimize the potentially adverse consequences to themselves and their institutions. (MSE)

  4. 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...

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

    Science.gov (United States)

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

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

  6. How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities

    Science.gov (United States)

    Morita, Utako

    How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities

  7. Illegal markets: Estimates of global proceeds

    Directory of Open Access Journals (Sweden)

    Marinković Darko M.

    2015-01-01

    Full Text Available Illegal markets represent a phenomenon of considerable economic, political and social significance whose annual income exceeds the value of a thousand billion USD. Illegal market participants are beyond the reach of government institutions and rule of law while social connections and personal acquaintances play an important role of functional substitute. In the last decade there was a significant increase of illegal trafficking of narcotics, people, fire arms, counterfeit products and natural resources. Both selling and purchase of these as well as other kinds of products and services at illegal markets are generally characterized by high level of organization and presence of strong criminal groups and networks. Although these activities existed in the past their present scope and geographic distribution are without precedent. Measuring unlawful financial flows at illegal markets represents quite a complex task. Various estimates are the result of inexistence of uniform and generally accepted methodology. In addition to this, the special problem is also the consensus of market actors, because of which the phenomenon of illegal markets and distribution of products and services at these markets is rather hidden. The paper defines and analyzes the key features of illegal markets, the role of organized crime at illegal markets, as well as the estimates of the values of financial flows at the markets of counterfeit products, narcotics, and people as goods, or human organs and sexual services, weapons, tobacco products and dirty money.

  8. Unweaving the CESL: legal-economic reason and institutional imagination in European contract law

    NARCIS (Netherlands)

    Mak, C.

    2013-01-01

    From a law-and-economics perspective, the European Commission’s proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is

  9. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010

    NARCIS (Netherlands)

    Levels, Mark; Sluiter, Roderick; Need, Ariana

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  10. A review of abortion laws in Western-European countries: A cross-national comparison of legal developments between 1960 and 2010

    NARCIS (Netherlands)

    Levels, M.; Sluiter, R.; Need, A.

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  11. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010.

    NARCIS (Netherlands)

    Levels, M.; Sluiter, R.; Need, A.

    2014-01-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal

  12. Soft Law as a New Mode of Governance: A Legal Perspective

    OpenAIRE

    Peters, Anne; Pagotto, Isabella

    2006-01-01

    After a brief review of the history and typology of soft law in public international law, we approach the concept deductively. We reject the binary view and subscribe to the continuum view. Building on the idea of graduated normativity and on the prototype theory of concepts, we submit that soft law is in the penumbra of law. It can be distinguished from purely political documents more or less readily, depending on its closeness to the prototype of law. Insights gained by the study of publi...

  13. INTERNATIONAL LEGAL LAWS FOR THE PROTECTION AND REALIZATION OF RIGHTS OF PERSONS WITH MENTAL DISORDERS

    Directory of Open Access Journals (Sweden)

    Sedžad Milanović

    2011-12-01

    Full Text Available The legal regulation of the persons with mental disabilities their support primarily finds in international legal acts of which provisions each state by their free determination incorporate into their regulations and coordinate them with the national legal norms. The persons with the mental disabilities are the persons with some degree of mental retardation who in greater or lesser extent are not able to independently take care of the realization and protection of their rights. Bosnia and Herzegovina, though it is a signatory of a great number of the international legal acts for the protection of the persons with mental disabilities, contrary to the international modern standards, has a very few institutes in which are placed in the aforementioned persons, in order to be treated, rehabilitated and engaged in the social life.

  14. A functional legal design for reliable electricity supply. How technology affects law. Report VI

    International Nuclear Information System (INIS)

    Knops, H.

    2008-01-01

    The liberalisation and international integration of electricity markets have led to a dramatic increase in the complexity of the electricity sector. Rather than hierarchical control, it is the legal framework (rules of the game that determines the behaviour of actors such as power generators, traders and network operators). Because of the unusual technical and economic characteristics of electricity markets, their performance is very sensitive to the formulation of the legal framework. Still, a structured approach to formulating the legal framework has not yet been developed. This book meets this demand. Many questions need to be answered in the design of a legal framework for the electricity industry and often they are interdependent. This study proposes a design method for the analysis and design of the legal organisation of a technically complex sector such as the electricity industry. The method takes into account the relevant policy goals, legal constraints and technical characteristics. While the method is developed for electricity markets, it can be applied to other technically complex infrastructures as well. The proposed method is applied to several critical cases, such as the security of electricity supply, operational security in large networks, congestion management and the question how to deal with merchant transmission investment. In addition to validating the proposed method, these case studies offer a wealth of practical information about the policy choices for restructuring the electricity industry. This makes this book a rich resource for anyone interested in the design of electricity markets

  15. The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

    International Nuclear Information System (INIS)

    Woerndl, E.

    1991-05-01

    The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

  16. Contract Law in a Comparative Perspective

    Directory of Open Access Journals (Sweden)

    - Suharnoko

    2012-05-01

    Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

  17. The development of nuclear law-making or the art of legal 'evasion'

    International Nuclear Information System (INIS)

    Boustany, K.

    1998-01-01

    The intention of this paper is to elucidate nuclear law by analysing the scope of the instruments underlying it through the prism of normative pluralism and the function of law as well as from the perspective of the relationship between international and domestic law. Its purpose is to examine the steps taken by governments and competent governmental agencies to fulfill their obligations as regards both their own citizens and their inter-State relations. (K.A.)

  18. 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.

  19. Legal Reform and Women’s Rights in Lebanese Personal Status Laws

    OpenAIRE

    Dabbous, Dima

    2017-01-01

    This report documents and analyzes two recent major reforms in Lebanese law whose purpose is to further gender equality for women in Lebanon: ( I ) the alteration of the Sunni personal status law to allow mothers to keep their children with them for a longer time following divorce and ( II ) the promulgation of Law no. 293 of 2014, which deals with domestic violence. The first reform relates to the religiously based, personal status laws that control major aspects of a woman’s life in Lebanon...

  20. Legal Provisions, Discrimination and Uncertainty on LGBT community in Albania. Laws on human rights vs exerted rights of LGBT persons

    Directory of Open Access Journals (Sweden)

    Urjana Curi

    2018-03-01

    On March 13, 2010, the Anti-Discrimination Law, one of the essential legal instruments that protects human rights in Albania, and also includes the prohibition of discrimination on the basis of sexual orientation, came into force. Albania has already the Commissioner for Protection from Discrimination. Two LGBT organizations have already been established in Albania: the Alliance against Discrimination LGBT and LGBT Pro Albania. They aim to protect the rights of sexual minorities in Albania and promote a national movement of social mobilization to protect and promote the rights of this community in Albania

  1. Legal Environment v. Business Law Courses: A Distinction without a Difference?

    Science.gov (United States)

    Miller, Carol J.; Crain, Susan J.

    2011-01-01

    The purpose of this article is to provide a content analysis and statistics on the law-related core course requirements in colleges of business to assist professors and administrators in making curriculum decisions. It examines the name of "undergraduate" law-based course requirements in the business core in 404 universities accredited by the…

  2. Barriers to Technological Acceptance in a Legal Environment: A Case Study of a Florida Law Firm

    Science.gov (United States)

    Owusu, Theophilus D.

    2010-01-01

    Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…

  3. Schools and the Law: Legal Trouble Spots and How To Avoid Them.

    Science.gov (United States)

    Jones, Rebecca

    2000-01-01

    To reduce liability risks, there are no substitutes for knowing law and policies, consulting with an attorney beforehand, providing adequate staff training, and documenting efforts. School law hot spots include negligence, religion, discipline policies, sexual harassment, magnet school diversity policies, and high-stakes testing. (MLH)

  4. CIVIL LAW AND THE DISREGARD OF THE LEGAL PERSONALITY OF COMPANIES LTDA

    Directory of Open Access Journals (Sweden)

    L. H. T. Macarenhas

    2016-07-01

    Full Text Available This paper will address the importance that the legal person has the right to and for society, the legal system itself has instruments to protect such institute, correcting fraud and abuse in its exercise. Through the theory of piercing the corporate veil, the distinctive personality and patrimonial autonomy are removed temporarily, making partners and managers are held accountable, as if the entity does not exist. The integration of theory disregard the Civil Code of 2002 is not about real innovation, because its application was already a reality in the Brazilian courts, even if the regulatory provisions dealing hitherto disregard of the doctrine were so confused and often sometimes even erroneous.

  5. US Labor Demand: a Discourse Analysis on the â Hidden Forceâ behind Illegal Immigration

    OpenAIRE

    Cooper, Jeffrey T.

    2008-01-01

    The dominant ideology within the illegal immigration discourse in the US primarily faults illegal workers for the problem by highlighting the act of illegally entering the US as the origin of the problem. As the dominant ideology goes, illegal immigrants evade law enforcement at the border; they deceive employers to secure work. They disrupt labor markets by lowering wages which displaces lower class US workers. The illegal immigrants and their families abuse social services that they do no...

  6. A Study on Home Appliance Recycling Law of Japan

    OpenAIRE

    許, 楊; Yang, XU

    2011-01-01

    The establishment of the recycling based society which reconciles the economy and the environment has received significant attention.The study focuses on the home appliance recycling law. Some used home appliances are treated legally, others are exported illegally. Therefore this paper clarifies the results of the application of the home appliance recycling law and tries to present elemental conditions to create the global recycling system of used home appliances.

  7. Simion Bărnuţiu – Pioneer in the development of the law sciences and of the legal education in Romania

    Directory of Open Access Journals (Sweden)

    Iovan Marţian

    2017-12-01

    Full Text Available The author analyses in this paper S. Bărnuţiu’s contribution to the establishment of the legal education and to the development of the sciences of the Law in the Romanian area during the mid-19th century. Adept of the natural law philosophy, ardent promotor of human and people’s rights, Bărnuţiu remains a personality of reference in the Romanians’ history not only for being the political leader and ideologist of the Transylvanian 1848 Revolution, but also for establishing the legal education at the University of Iasi by inspiring himself from the curriculum of the profile schools of law from the Western Europe. Having a unitary conception on the law and on the history of law, considering the law from a systemic perspective, Bărnuţiu contributed into the edification of a modern, constitutional, and democratic State in the united Romanian Principalities.

  8. Legal and Policy Issues Regarding Niche Charter Schools: Race, Religion, Culture, and the Law

    Science.gov (United States)

    Eckes, Suzanne E.; Fox, Robert A.; Buchanan, Nina K.

    2011-01-01

    A growing number of ethnocentric or culturally oriented niche charter schools have opened around the country. These ethnic or culture-oriented models raise legal and policy concerns about church/state entanglement as well as concerns about diversity. Indeed, there has already been litigation focused on racial and ethnic aspects of charter schools…

  9. Embedded Advertising on Television: Classic Legal Environment and Business Law Content "Brought to You by ..."

    Science.gov (United States)

    Cain, Rita Marie

    2010-01-01

    Students are familiar with some or all depictions of branded products in popular television shows. But they probably have no idea the number of legal and public policy issues these product appearances are generating. This article explains how embedded advertising in television shows can be the attention-grabbing vehicle for teaching numerous…

  10. Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

    DEFF Research Database (Denmark)

    Andrecka, Marta

    2016-01-01

    the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current...

  11. MEDICO-LEGAL HIV/AIDS, LAW AND ETHICS: A BRIEF ANALYSIS ...

    African Journals Online (AJOL)

    Enrique

    Health care professionals are in a unique situation, as both legal ... on managed care. The following human rights play an important role for people living with HIV: □ The right to (substantive) equality and non- discrimination. □ The right to privacy ... risks and obligations accompanying such refusal. It also sets a whole new ...

  12. The End of the Prohibition era: Questions about Injustice, Effectiveness of Laws and Legalization of Drugs

    Directory of Open Access Journals (Sweden)

    Hilbert Reis Silva

    2016-10-01

    Full Text Available This article aims to investigate the relationship between society, the prohibition and drug users through social, legal and criminological analysis, in order to review what happened with  regard  to  the  criminalization  of  drugs.  Thus,  this  article  aims  to  explore  the inconsistencies  in  the  brazilian  legal  system  regarding  the  drugs,  and  how  this  have intensified  discussions  about  legalization.  Therefore,  this  paper,  under  the  empirical- analytical focus and the use of hypothetical deductive approach – from the bibliographical and documentary analysis, aims to examine the prohibition and injustices policy, aiming to build prospects for the legalization of drugs.

  13. The Legal Status of Decisions by Human Rigths Treaty Bodies in National Law

    NARCIS (Netherlands)

    Nollkaemper, A.; van Alebeek, R.

    2011-01-01

    The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on

  14. Between Law and the Exception: The UN 1267 Ombudsperson as a Hybrid Model of Legal Expertise

    NARCIS (Netherlands)

    Sullivan, G.; de Goede, M.

    2013-01-01

    Security measures taken in the name of the ‘war on terror’ have frequently been understood to operate through a domain of exception, defined as an extra-legal space of intervention where normal rules of juridical protection and due process are suspended. Yet whilst most analyses of the exception are

  15. The administrative agreement as a legal form for public services in comparative and roman law

    Directory of Open Access Journals (Sweden)

    Cristina IONAŞ

    2012-01-01

    Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

  16. From undocumented to lawfully present: Do changes to legal status impact psychological wellbeing among latino immigrant young adults?

    Science.gov (United States)

    Patler, Caitlin; Laster Pirtle, Whitney

    2018-02-01

    Exclusionary immigration policies, as a form of structural racism, have led to a sizeable undocumented population that is largely barred from access to resources in the United States. Existing research suggests that undocumented immigration status detrimentally impacts mobility, yet few studies have tested the impacts of legal status on psychological wellbeing. Most importantly, we know little about how changes to legal status impact wellbeing. Announced in 2012, the Deferred Action for Childhood Arrivals (DACA) program allows eligible undocumented youth to apply for temporary lawful status. Drawing on cross-sectional survey data from 487 Latino immigrant young adults in California collected in 2014 and 2015, we analyze the predictors of three specialized outcomes related to immigrants' psychological wellbeing-distress, negative emotions, and deportation worry before and after a transition from undocumented to lawfully present status. Results show that retrospective reports of past psychological wellness, when all respondents were undocumented, are predicted primarily by socioeconomic status. However, reports of current psychological wellness are predicted by DACA status. Our results demonstrate, for the first time, the positive emotional consequences of transitioning out of undocumented status for immigrant young adults. Copyright © 2017 Elsevier Ltd. All rights reserved.

  17. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  18. Legal Pluralism: Interactions Between Official and Unofficial Laws: The Case Study of a Multi-ethnic Community Farm

    Directory of Open Access Journals (Sweden)

    Gabriela Ribeiro Farinha

    2015-12-01

    Full Text Available A multi-ethnic community farm, located in California, was created in 2011 to be commonly exploited by refugees and emigrants from different countries.This paper aims to describe, as an observable fact, how distinct non-state normativities behave and relate in their dynamic process of interaction, surpassing the usual state/local law bases of analysis.The farm was approved by the state authorities and the NGO has created its regulations. Concomitantly, the distinct communities of farmers have defied and transformed the farm’s regulations by incorporating their competing legal land tenure regimes and legal postulates in the same structure of the unofficial law of the farm, through a common frame of meaning and the enactment of the “autonomy rule”. This has allowed the growers to follow their normativities inside the farm. However, its creation process and daily practice also exposes the relevance of the official law in its constitution, shape and function. En 2011 se creó en California una granja multiétnica comunal, para que fuera explotada en comunidad por refugiados y emigrantes de diferentes países. Este artículo pretende describir, como hecho observable, cómo se comportan y se relacionan normativas no estatales en un proceso dinámico de interacción, superando las bases de análisis estado/local habituales del derecho. Las autoridades estatales aprobaron la granja, y la ONG creó su propia normativa. Al mismo tiempo, las diferentes comunidades de agricultores han desafiado y transformado el reglamento de la granja, incorporando sus regímenes legales de tenencia de tierras vigentes, y los postulados legales en la misma estructura del derecho no oficial, a través de un marco común de significado y la promulgación de la “norma de autonomía”. Esto ha permitido a los productores seguir sus normativas dentro de la finca. Sin embargo, su proceso de creación y práctica diaria también pone de manifiesto la importancia del

  19. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  20. An exploratory study of illegal gamblers in Hong Kong

    Directory of Open Access Journals (Sweden)

    Andrew Tessler

    2017-12-01

    Full Text Available Abstract This study investigates the nature and behaviour of illegal gamblers in Hong Kong. A face-to-face street survey of 512 gamblers was conducted in Hong Kong between September and December 2015 with supplementary convenience sampling allowing for analysis of a total sample of 103 illegal gamblers. 56% of illegal gamblers recorded results consistent with this study’s definition of ‘excessive gambling’ [i.e. moderate risk and problem gamblers under the Problem Gambling Severity Index (PGSI]. 81% of surveyed illegal gamblers were male, 77% were aged between 30 and 49 and 67% were in blue collar occupations. Illegal gamblers bet more frequently on both legal and illegal games than their legal counterparts and spent more when they did bet. While this research did not indicate the direction of causality between illegal and excessive gambling, international work (de Bruin et al. in verslingerd aan meer dan een spel: Een onderzoek naar de aard en omvang van kansspelproblematiek in Nederland, WODC/CVO, Utrecht, http://www.lexandgaming.eu/nl/wp-content/uploads/2015/01/Verslingerd-aan-meer-dan-een-spel.pdf , 2005; Binde in What are the most harmful forms of gambling? Analysing problem gambling prevalence surveys, http://www.utbildning.gu.se/digitalAssets/1327/1327132_cefos-wp12.pdf , 2011 suggests that excessive gamblers are drawn to illegal gambling. Reform could allow excessive gambling by illegal gamblers to be better addressed and initial work suggests some financial benefits to Hong Kong.

  1. Nuclear law and new legal concepts; Droit nucleaire et concepts juridiques nouveaux

    Energy Technology Data Exchange (ETDEWEB)

    Atias, Ch.; Warusfel, B. [Paris-5 Univ., 75 (France); Byk, Ch. [Association Internationale droit, ethique et science, 75 - Paris (France)

    2003-02-01

    The articles on this topic have been written from three of the papers of the Conference organized on January 14, in Paris by the 'Law and Insurance' Section of the French Nuclear Energy Society together with the French Section of the International Nuclear Law Association. The first two articles deal with transparency, its justifications and limits. The third article analyses the rights of the future generations and our duties towards them. (authors)

  2. Hoarding disorder and the legal system: A comparative analysis of South African and Dutch law.

    Science.gov (United States)

    Cramer, Richard; Vols, Michel

    Hoarding is an internationally recognised disability. Those who suffer from hoarding behaviour can be comfortably brought within the definition of disability found in the Convention on the Rights of Persons with Disabilities and should be provided with "reasonable accommodation" where doing so does not place an unjustified burden on others. However, hoarding also poses a threat to public health, and hoarders' behaviour may infringe on the rights of their neighbours and landlords. Thus, through their behaviour, hoarders may ultimately come into conflict with various areas of law, including neighbour law, housing law as well as administrative law. This article examines how hoarding may be addressed by the law in both South Africa and the Netherlands. It seeks to answer to what extent hoarders are provided with "reasonable accommodation" when their behaviour brings them into conflict of the law in these two jurisdictions. It also takes cognisance of the need to balance the provision of "reasonable accommodation" with the rights of neighbours and landlords. Finally, it seeks to assess which of the two jurisdictions provides the most balanced approach to handling hoarding, in light of the need for therapeutic jurisprudence. Copyright © 2016 Elsevier Ltd. All rights reserved.

  3. The use of illegally gathered evidence in the criminal trial

    Directory of Open Access Journals (Sweden)

    Brkić Snežana

    2011-01-01

    Full Text Available This article is dedicated to the illegally gathered evidence in Serbian criminal trial. The paper consists of three parts: 1 the general theory of admissibility of illegally gathered evidence; 2 rules of admissibility of evidence in relation to violation of the right to privacy; 3 rules of admissibility of evidence in relation to illegal interrogations. There is also conclusion. There are four aspects from which those problems are reviewed: constitutional rules, statutory rules, court jurisprudence and law theory.

  4. Essays on Legal and Illegal Immigration.

    Science.gov (United States)

    Pozo, Susan, Ed.

    Major issues of the debate that led to the passage of an immigration reform bill are discussed and analyzed in this collection of six papers that were delivered as public lectures at Western Michigan University during the 1984-85 academic year. The essays reflect a broad range of views on the effects of immigration on the United States economy and…

  5. [Between the stigma and the law: legal abortion in Mexico City].

    Science.gov (United States)

    Lamas, Marta

    2014-01-01

    The present contribution is part of a research developed with qualitative social research methods. It offers part of the results attained in a study performed at a clinic belonging to Mexico City´s Government, and explores the effects on staff of the implementation of Legal Pregnancy Termination (ILE, for its initials in Spanish). The results highlights that, besides diminishing health risks in the women who abort, the use of misoprostol prompted assertive attitudes in many women, that reduced the negative effects produced by the stigma of abortion. It also acknowledges the persistence of stigma in the opinions of the health personnel. The empowering of the self-image of women who become subject to this procedure is due to the full exercise of their legal right.

  6. Legal nature of the functions of trade unions as the subjects of labor law

    OpenAIRE

    Вишновецька, Світлана Василівна; Самборська, Анастасія Геннадіївна

    2014-01-01

    The article defines the concept of "function of trade unions", reveals the function of trade unions as the main direction of their activities on the implementation representation and protection of the rights and interests of employees and employers before implementation of the powers of control over the observance of labor legislation and labor protection, scientists analyzed the position regarding the classification. English abstract S. Vyshnovetska , A. Samborska Legal nature of the functio...

  7. The importance of distinguishing illegality from guilt in trials for alleged medical malpractice

    Directory of Open Access Journals (Sweden)

    Manuel Fernando Díaz Brousse

    2012-10-01

    Full Text Available A proper analysis of the essential elements that comprise a criminal offense that falls under the purview of medical negligence is fundamental in order to rule, in justice, cases of alleged malpractice. It is necessary to properly distinguish between accusations of illegality and those of guilt. Open legal essays and precedents about such illicit acts provide judges with great latitude in determining when acts are consistent or not with standard care. This power mandates that judges should ground their convictions on objective infringements of the law rather than subjective criteria.

  8. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  9. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Mariya Riekkinen

    2016-01-01

    Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

  10. Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Gonzalez G, A

    2000-07-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

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

    Science.gov (United States)

    Betteridge, Glenn

    2005-12-01

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

  12. [Abortion in unsafe conditions. Concealment, illegality, corruption and negligence].

    Science.gov (United States)

    Ortiz Ortega, A

    1993-01-01

    "Abortion practiced under conditions of risk" is a phrase used to refer to illegal abortion. The phrase does not highlight the disappearance of risk when legislation changes. Rather, it calls attention to the fact that legal restrictions significantly increase dangers while failing to discourage women determined to terminate pregnancies. The International Planned Parenthood Federation defines abortion under conditions of risk as the use of nonoptimal technology, lack of counseling and services to orient the woman's decision and provide postabortion counseling, and the limitation of freedom to make the decision. The phrase encompasses concealment, illegality, corruption, and negligence. It is designed to impose a reproductive health perspective in response to an unresolved social conflict. Steps have been developed to improve the situation of women undergoing abortion even without a change in its legal status. Such steps include training and purchase of equipment for treatment of incomplete abortions and development of counseling and family planning services. The central difficulty of abortion induced in conditions of risk derives from the laws imposing the need for secrecy. In Mexico, the abortion decision belongs to the government and the society, while individual absorb the consequences of the practice of abortion. Public decision making about abortion is dominated by the concept that the female has an obligation to carry any pregnancy to term. Women who interfere with male descendency and practice a sexuality distinct from reproduction are made to pay a price in health and emotional balance. Resolution of the problem of abortion will require new concepts in terms of legal status, public health issues, and the rights of women. The problem becomes more pressing as abortion becomes more common in a country anxious to advance in the demographic transition. Only a commitment to the reproductive health of women and the full development of their rights as citizens will

  13. Unravelling the anatomy of legal corruption in India: Focusing on the ‘honest graft’ by the politicians

    OpenAIRE

    Pethe, Abhay; Tandel, Vaidehi; Gandhi, Sahil

    2012-01-01

    Corruption in India is ubiquitous and may be broadly identified as illegal and legal. This paper delves into the typology of legal corruption in India, which, apart from abuse of discretionary power, and tactical law and policy making, also includes – not so well documented – use of information advantage and the externality impact of such information by politicians to make gains. The paper, by analyzing the growth rates in assets of some politicians in the Mumbai Metropolitan Region, finds th...

  14. [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.

  15. [THE LEGAL STATUS OF ELEMENTS AND PRODUCTS OF THE HUMAN BODY: OBJECT OR SUBJECT OF LAW?].

    Science.gov (United States)

    De Lameigné, Anaïs Gayte-Papon

    2015-07-01

    The 2004 Act on bioethics has amended the 1994 Act regarding the donation and the use of elements and products of the human body, medically assisted procreation and prenatal diagnosis. The very purpose of these laws led the legislature not to attempt the summa divisio order distinguishing the object to the person. The analysis of bioethical laws reveals the consecration of the non-commercialization of the human body at the expense of its unavailability. Bioethical laws appear to be catalysts of biological scientific advances releasing the status of the components and the products of the human body while framing it. By limiting scientific opportunities, they prevent human beings from trying to play the sorcerer's apprentice.

  16. Political instability and illegal immigration.

    Science.gov (United States)

    Campos, J E; Lien, D

    1995-01-01

    "Economic theory suggests that transnational migration results from the push-pull effect of wage differentials between host and source countries. In this paper, we argue that political instability exacerbates the migration flow, with greater instability leading to relatively larger flows. We conclude then that an optimal solution to the illegal immigration problem requires proper coordination of immigration and foreign policies by the host country. A narrow preoccupation with tougher immigration laws is wasteful and may be marginally effective." Emphasis is on the United States as a host country. excerpt

  17. Energy law. The legal boundary conditions of power supply. 2. rev. ed.; Grundriss zum Energierecht. Der rechtliche Rahmen fuer die Energiewirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Stuhlmacher, Gerd [E.ON Global Commodities SE, Duesseldorf (Germany); Stappert, Holger; Jansen, Guido (eds.) [Luther Rechtsanwaltsgesellschaft mbH, Duesseldorf (Germany); Schoon, Heike [BDEW Bundesverband der Energie- und Wasserwirtschaft e.V., Berlin (Germany)

    2015-11-01

    Now appearing in its second edition, this book presents a comprehensive overview of the legal framework governing the energy sector. It provides readily understandable coverage, across the relevant subfields of law, of the legal regulations applicable to any manner of activity in the energy sector along with a wealth of practical advice on the interpretation and application of legal provisions. The content has been thoroughly revised, updated to reflect the current status of legislation and supplemented with numerous chapters. The 2014 amendment of the Renewable Energy Law (EEG) and its practical impact have also been taken into account. The following topics are covered amongst others: unbundling of network operation; connection and access to networks and metering; network charges and incentive regulation; easement contracts; energy supply and basic services; energy and electricity taxes; cartel law, law on operating aids, procurement law; energy trade OTC and at exchanges; energy trade surveillance law; fuel production and fracking; conventional and nuclear power production; renewable energy production (including offshore production); energy storage and power-to-gas; transmission line construction; climate protection (including the 2014 EEG, emission trade and the Law on the Promotion of Renewable Energy in the Heat Sector); cogeneration law, district heating and contracting; and investment protection.

  18. The Global Commission on HIV and the Law: recommendations for legal reform to promote sexual and reproductive health and rights.

    Science.gov (United States)

    El Feki, Shereen; Avafia, Tenu; Fidalgo, Tania Martins; Divan, Vivek; Chauvel, Charles; Dhaliwal, Mandeep; Cortez, Clifton

    2014-11-01

    The Global Commission on HIV and the Law was established in 2010 to identify and analyse the complex framework of international, national, religious and customary law shaping national responses to HIV and the well-being of people living with HIV and key populations. Two years of deliberation, based on an exhaustive review of international public health and human rights scholarship, as well as almost 700 testimonials from individuals and organizations in more than 130 countries, informed the Commission's recommendations on reform to laws and practices that criminalize those living with and vulnerable to HIV, sustain or mitigate violence and discrimination lived by women, facilitate or impede access to HIV-related treatment, and/or pertain to children and young people in the context of HIV. This paper presents the Commission's findings and recommendations as they relate to sexual and reproductive health and rights, and examines how the Commission's work intersects with strategic litigation on forced sterilization of women living with HIV, legal reform on the status of transgender individuals, initiatives to improve police treatment of female sex workers, and equal property rights for women living with HIV in sub-Saharan Africa and Latin America. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  19. European Fundamental Rights and Private Law : The Dutch System in the Context of Different Legal Families

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; Heiderhoff, Bettina; Lohsse, Sebastian

    2016-01-01

    The present chapter embeds the Dutch system of horizontal application of European fundamental rights in private law in the broader context of different groups (“families”) of European countries. Section 2 provides some definitions of “European fundamental rights”, “private law”, “vertical effect”,

  20. The legal nature of a lien in South African law | Wiese ...

    African Journals Online (AJOL)

    The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens). Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real ...

  1. Disrupting Law School: How Disruptive Innovation Will Revolutionize the Legal World

    Science.gov (United States)

    Pistone, Michele R.; Horn, Michael B.

    2016-01-01

    Facing dramatic declines in enrollment, revenue, and student quality at the same time that their cost structure continues to rise and public support has waned, law schools are in crisis. A key driver of the crisis is shrinking employment opportunities for recent graduates, which stem in part from the disruption of the traditional business model…

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

    NARCIS (Netherlands)

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

    2014-01-01

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

  3. Pregnancy Discrimination Litigation: Legal Erosion of Capitalist Ideology under Equal Employment Opportunity Law.

    Science.gov (United States)

    Edwards, Mark Evan

    1996-01-01

    Analysis of 82 court cases involving pregnancy discrimination, 1972-91, shows that this litigation revealed the gender bias of equal employment opportunity law and capitalist economic relations, eroded assumptions about economic imperatives for not accommodating pregnant workers, and laid the groundwork for the Family and Medical Leave Act of…

  4. Parables and Politics: Clergy Attitudes toward Illegal Immigration in Alabama

    Science.gov (United States)

    Wickersham, Mary Eleanor

    2013-01-01

    The passage of a stringent immigration law in Alabama in 2011 makes relevant the juxtaposition of clergy and congregant attitudes and behaviors toward illegal immigrants as related to Biblical teachings that require charity to aliens. In order to examine the relationship between religious attitudes and illegal immigration, approximately 426…

  5. 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

  6. [Current situation with abortion in Colombia: between illegality and reality].

    Science.gov (United States)

    González Vélez, Ana Cristina

    2005-01-01

    This article discusses the illegality of abortion in Colombia, situating this country within the 0.4% of the world population where abortion is completely banned. Absolute criminalization of abortion turns it into a public health matter and produces social inequality. The Colombian legislation has always disregarded women as individuals and as persons in full possession of their legal rights. In contrast to a comprehensive conceptualization of sexual and reproductive rights, the various abortion bills merely refer either to "morally unacceptable" situations such as pregnancy resulting from rape or to therapeutic motives. Contradictions between illegality and reality give rise to a public discourse that features rejection of abortion practices, in keeping with the prevailing stance of the ecclesiastic hierarchy, while in practice, and at the private level, people resort to voluntary interruption of pregnancy under conditions of safety and confidentiality, at least for women from the higher socioeconomic strata. This situation not only causes social inequality but also reflects how laws lose meaning and create the collective impression of being useless or unnecessary, thus undermining the state's governing role.

  7. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective

    Directory of Open Access Journals (Sweden)

    M S Pandit

    2009-01-01

    Full Text Available A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  8. Russian law: the legal framework for foreign investment in the Russian petroleum industry - problems and progress

    International Nuclear Information System (INIS)

    Barmin, A.; Doeh, D.

    1994-01-01

    Recent developments in Russian law relating to foreign investment in the petroleum industry are reviewed. The central piece of legislation regulating foreign investment is the Law on Foreign Investments of 1991. Its significance is that it is opened up to foreign investment that had been a closed society but it did not set out how and or what conditions investors' rights were to be acquired and exercised. The main problems that have had to be dealt with include: determining which government authorities (federal, republic, regional etc.) have the power to grant petroleum exploration and production rights; determining the methods by which these rights may be obtained and on what terms; determining export rights; establishing the basis for taxation; establishing the general framework for foreign investment in Russia. The extent to which these issues have been resolved is discussed and remaining areas of concern considered. (UK)

  9. Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense - A legal perspective.

    Science.gov (United States)

    Pandit, M S; Pandit, Shobha

    2009-07-01

    A patient approaching a doctor expects medical treatment with all the knowledge and skill that the doctor possesses to bring relief to his medical problem. The relationship takes the shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his patient and a breach of any of these duties gives a cause of action for negligence against the doctor. The doctor has a duty to obtain prior informed consent from the patient before carrying out diagnostic tests and therapeutic management. The services of the doctors are covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek redressal of grievances from the Consumer Courts. Case laws are an important source of law in adjudicating various issues of negligence arising out of medical treatment.

  10. Human Dignity in Law – A Case Study of the Polish Legal System

    Directory of Open Access Journals (Sweden)

    Magdalena Butrymowicz

    2016-09-01

    Full Text Available Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polish lawmakers, on the other hand, have no doubt about the fact the concept of dignity comes from natural law. Poland, in her Constitution, refers to the teaching of John Paul II about the source, value and meaning of human dignity. There is no doubt that concept of human dignity, even when it is controversial, is the most widely accepted by all religions and political society in the world.

  11. Insite or Outside the Law: Examining the Place of Safe Injection Sites within the Canadian Legal System

    Directory of Open Access Journals (Sweden)

    Aidan Macdonald

    2011-01-01

    Full Text Available In response to the mounting number of HIV/AIDS and overdose deaths directly attributable to intravenous drug use during the 1980 and 1990’s, governments across the world began considering alternatives to traditional prohibitionist drug policies. These alternatives, generally described as harm reduction strategies involving needle exchange programs and safe injection sites, rapidly gained acceptance across Europe. By contrast, they encountered significant opposition in North America. This thesis summarily traces the history of Canadian drug law, describing the development and impact of the harm reduction movement in Canada and the establishment of the first and only safe injection site (SIS in North America (Insite. Employing a repressive formalist analysis of the application of federal drug laws, I then examine the role of the current Conservative government in contesting harm reduction strategies and refusing full legalization of Insite. I illustrate that through the strategic manipulation and discriminatory enforcement of drug laws and political gamesmanship relating to the criteria grounding Insite’s exemption from current drug laws, the government has failed to fulfill a set of fundamental social values with respect to Insite’s users and members of the downtown eastside of Vancouver. Interviews with injection drug users, workers at Insite and residents of the local community provide empirical support for the beneficial effects of safe injection sites, and expose the politics of the struggle for Insite’s continued existence. I also show how the Conservative anti-drug ideologues have led a resistance against classifying drug addiction as a health-related rather than criminal problem, despite significant scientific evidence to the contrary, and how this resistance has resulted in the further marginalization of injection drug users.

  12. En-gender-ing legal reforms: Islamic law in Africa and East Asia

    OpenAIRE

    Pascale Fournier

    2011-01-01

    Women have been an integral part of the particular form of revolution that has erupted across the Arab world since early 2011. As part of their participation, women have articulated concrete demands for reform that reflect their aspirations for gender equality. Knowledge and understanding of existing circumstances are essential for meaningful and lasting change. Thus, this article attempts to bring to light the relationship between gender equality and Islamic law in various contexts,...

  13. Human Dignity in Law – A Case Study of the Polish Legal System

    OpenAIRE

    Magdalena Butrymowicz

    2016-01-01

    Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polis...

  14. International Law Studies. The War in Iraq: A Legal Analysis. Violume 86

    Science.gov (United States)

    2010-01-01

    means by which to defeat military adversaries. The subsequent Viet - nam conflict provided significant impetus to the development of the 1977 Addi...handle marriage , di- vorce, wills and estates for Muslims. The Courts of Civil Matters each have one judge and handle marriage , divorce, wills and estates...and the Restoration ofthe Rule ofLaw in Iraq The IHT is independent, both financially and administratively, from the Higher Juridical Council of Iraq

  15. Effects of adding illegal storeys to structural systems

    Indian Academy of Sciences (India)

    river valleys or landslide areas, in particular, are not safe from natural disasters. Problems that are probable ... ratios, storey drifts and natural periods of a legal building are calculated and the effects of illegal and legal additional ... Addition of a terrace dwelling covering part of the plan (t-f) (figure 2). • Additional complete ...

  16. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    OpenAIRE

    Afredo Bergés

    2013-01-01

    The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying...

  17. The legacy of minimum legal drinking age law changes: Long-term effects on suicide and homicide deaths among women

    Science.gov (United States)

    Grucza, Richard A; Hipp, Pamela R.; Norberg, Karen E.; Rundell, Laura; Evanoff, Anastasia; Cavazos-Rehg, Patricia; Bierut, Laura J.

    2013-01-01

    Background Prior to the establishment of the uniform drinking age of 21 in the United States, many states permitted legal purchase of alcohol at younger ages. Lower drinking ages were associated with several adverse outcomes, including elevated rates of suicide and homicide among youth. The objective of this study is to examine whether individuals who were legally permitted to drink prior to age 21 remained at elevated risk in adulthood. Methods Analysis of data from the U.S. Multiple Cause of Death files, 1990–2004, combined with data on the living population from the U.S. Census and American Community Survey. The assembled data contained records on over 200,000 suicides and 130,000 homicides for individuals born between 1949 and 1972, the years during which the drinking age was in flux. Logistic regression models were used to evaluate whether adults who were legally permitted to drink prior to age 21 were at elevated risk for death by these causes. A quasi-experimental analytical approach was employed which incorporated state and birth year fixed effects to account for unobserved covariates associated with policy exposure. Results In the population as a whole, we found no association between minimum drinking age and homicide or suicide. However, significant policy-by-sex interactions were observed for both outcomes, such that women exposed to permissive drinking age laws were at higher risk for both suicide (OR=1.12; 95% CI 1.05, 1.18, p=0.0003) and homicide (OR=1.15; 95% CI 1.04, 1.25; p=0.0028). Effect sizes were stronger for the portion of the cohort born after 1960, whereas no significant effects were observed for women born prior to 1960. Conclusions Lower drinking ages may result in persistent elevated risk for suicide and homicide among women born after 1960. The national drinking age of 21 may be preventing about 600 suicides and 600 homicides annually. PMID:22085045

  18. Legal Deposit in the Sultanate of Oman: The Law of Printing and Publishing and its Role in Building Oman’s Culture of Democracy

    Directory of Open Access Journals (Sweden)

    Naifa Eid Saleem

    2017-03-01

    Full Text Available Omani citizens participate in building the culture of democracy through the implementation of the legal deposit or the Law of Printing and Publishing. Legal deposit is the law that requires individuals and agencies who are responsible for printing and applying the law in Oman, whether they are publishers, printing houses or authors, to submit certain copies of their work or publications to a repository, usually a library. The present study aims to explore the reality of the Omani Law of Printing and Publishing and discover how the law defines the term "publications". In addition to the role of this law in building the Omani culture of democracy, the study uses an interpretive research paradigm of applied unstructured interviews and content analysis. Twenty-four printing houses were interviewed. The findings determined that definition of the term "publications", according to the law, is very general and covers different items, and the Law of Printing and Publishing plays an essential role in the building of Oman’s culture of democracy. The study also found that all of the printing houses interviewed participated in creating the Omani culture by depositing the requested copies of their publications, although four of them had negative beliefs about the law of "Printing and Publishing". In addition, the study found (19=79.1% of the sample interpreted the term "culture of democracy" in a positive way.

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

    Directory of Open Access Journals (Sweden)

    Groenhuijsen Marc

    2015-01-01

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

  20. LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW

    Directory of Open Access Journals (Sweden)

    Sonyendah Retnaningsih

    2017-04-01

    Full Text Available The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure (sita umum of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.

  1. Italian law on the vehicular homicide: medical legal issues and comparative analysis.

    Science.gov (United States)

    Montanari Vergallo, G; Marinelli, E; di Luca, N M; Masotti, V; Cecchi, R; Zaami, S

    2017-01-01

    Law no. 41/2016, enacted after a parliamentary debate characterized by a strong media pressure, intends to give a strong response to the growing social alarm caused by road accidents causing deaths. In this perspective, it introduced the categories of road homicide and road injuries within the Penal Code and the new hypotheses of mandatory and facultative arrest in flagrante delicto. This paper aims at comparing the rules by which the United Kingdom, France, Spain, Germany and Italy protect people's lives and safety of vehicular traffic in order to highlight strengths and weaknesses with a view to future reforms. A survey on the European legislature highlights that, while other countries tend to criminally sanction several dangerous driving conducts, Italy has preferred, on the one hand, to punish only with administrative sanctions some violations related to reckless driving (with the exception of driving under the influence of alcohol and drugs) and, on the other, to provide for particularly harsh prison sentences in the case of vehicular homicide. The authors criticize this approach and other aspects of the new law. Moreover, it seems that the legislator's aim has not been achieved because traffic accidents have not decreased. They also believe that better results could be obtained by increasing controls on the roads and developing a policy of economical investments which improves road safety.

  2. TAX OPTIMIZATION, TAX AVOIDANCE OR TAX EVASION? CONTRIBUTIONS TO THE OFFSHORE COMPANIES’ LEGAL BACKGROUND

    OpenAIRE

    Eva ERDÕS

    2010-01-01

    Is it a legal or illegal activity to give money to establish offshore firms? What is the offshore practice is it a method of tax optimization, tax minimization or is it a harmful activity, which means tax avoidance or tax evasion. This question is very important in the European Union’s tax law system, because the EU tax law is against the harmful tax competition. Some member states’ legal system is permitted to use offshore companies’ rules, but in the European Union it is prohibited to estab...

  3. Researching Illegal Logging and Deforestation

    Directory of Open Access Journals (Sweden)

    Tim Boekhout van Solinge

    2014-08-01

    Full Text Available Tropical deforestation such as in the Amazon can be studied well from a green criminological perspective. Ethnographic research methods form a useful way to get insight into the dynamics and complexity of tropical deforestation, which often is illegal. This article gives an account of various ethnographic visits to the rainforests of the Amazon in the period 2003-2014. Ethnographic methods provide insight into the overlap between the legal and illegal, the functioning (or not of state institutions, the power of (corporate lobbies, and why tropical deforestation correlates with crimes such as corruption and violence. The use of ethnographic methods in forest areas where trustworthy state actors and institutions are not very present can also present danger and raise ethical issues (such as when the researcher, for reasons of safety, does not present as a criminological researcher. However, a large advantage of ethnographic visits to tropical rainforests is that they allow the gathering of local views and voices, which rarely reach the international level. These local views lead to interesting contradictions at the international level where corporate views and lobbies dominate.

  4. Legal provisions concerning the handling and disposal of radioactive waste in international and national law

    International Nuclear Information System (INIS)

    Bischof, W.

    1980-01-01

    A short survey is given on the situation of international legislation concerning radioactive waste handling and disposal. There are special rules on the disposal of nuclear waste in a number of conventions (Geneva 1958, London 1972, Helsinki 1974, Paris 1974, Barcellone 1976) on the protection of the marine environment and of the high sea against pollutions. In 1974 and 1978, the International Atomic Energy Agency made further recommendations concerning radioactive wastes referred to in the London Convention. In 1977, the Organisation for Economic Cooperation and Development also set up within its Nuclear Energy Agency (NEA) a multilateral consultation and surveillance mechanism for the sea-dumping of radioactive waste. The NEA has since published recommendations on the sea-dumping of radioactive waste. In 1975, it was agreed to abide by the Antarctic Treaty of 1959 not to dispose any nuclear waste on the Antarctic Region. There is at present no absolute prohibition of radioactive waste disposal in outer space but the Member States of the United Nations are responsible for such activities. As regards national legislation, the legal provisions for 13 different countries on radioactive waste disposal are listed. (UK)

  5. Representações e experiências sobre aborto legal e ilegal dos ginecologistas-obstetras trabalhando em dois hospitais maternidade de Salvador da Bahia Representations and experiences of obstetrician/gynecologists with legal and illegal abortion in two maternity-hospitals in Salvador da Bahia

    Directory of Open Access Journals (Sweden)

    Silvia De Zordo

    2012-07-01

    Full Text Available O objetivo deste estudo qualitativo, realizado em dois hospitais-maternidade de Salvador da Bahia, foi investigar a experiência e as representações do aborto legal, analisadas em contraste com as representações do aborto ilegal, dos profissionais de saúde, em particular dos ginecologistas-obstetras.Usou-se como instrumentos um questionário e entrevistas semi-estruturadas com 25 profissionais de saúde (dos quais 13 ginecologistas-obstetras num hospital que oferece um serviço de aborto legal (P, e 20 profissionais de saúde (dos quais 9 ginecologistas-obstetras em outro hospital, que não oferece este serviço (F. Os fatores que mais influenciam as representações dos ginecologistas-obstetras entrevistados acerca do aborto e que explicam a alta taxa de objeção de consciencia no hospital P foram: 1- a criminalização do aborto e o medo de serem denunciados; 2- a estigmatização do aborto por certos grupos religiosos e pelos proprios médicos; 3- o treinamento em obstetrícia e a falta de uma formação boa no campo da epidemiologia da morbi-mortalidade materna e do aborto; 4- as representações acerca das relações de gênero. Os fatores principais associados à atitudes liberais foram: a idade - abaixo de 30/acima de 45 anos - a experiência com altas taxas de mortalidade materna devidas ao aborto e a experiência com o aborto legal.The objective of this qualitative study, carried out in two maternity-hospitals in Salvador da Bahia, was to investigate the experience and representations of health professionals, and particularly obstetricians-gynecologists, regarding legal abortion in comparison with their representations and experience with illegal abortion. A questionnaire was distributed and semi-structured interviews were conducted with 25 health professionals (13 obstetricians-gynecologists in a hospital providing legal abortion (P and with 20 health professionals (9 obstetricians-gynecologists in another hospital that does not

  6. A review of abortion laws in Western-European countries. A cross-national comparison of legal developments between 1960 and 2010.

    Science.gov (United States)

    Levels, Mark; Sluiter, Roderick; Need, Ariana

    2014-10-01

    The extent to which women have had access to legal abortions has changed dramatically in Western-Europe between 1960 and 2010. In most countries, abortion laws developed from completely banning abortion to allowing its availability on request. Both the timing and the substance of the various legal developments differed dramatically between countries. Existing comparative studies on abortion laws in Western-European countries lack detail, usually focus either on first-trimester abortions or second trimester abortions, cover a limited time-span and are sometimes inconsistent with one another. Combining information from various primary and secondary sources, we show how and when the conditions for legally obtaining abortion during the entire gestation period in 20 major Western-European countries have changed between 1960 and 2010. We also construct a cross-nationally comparable classification of procedural barriers that limit abortion access. Our cross-national comparison shows that Western-Europe witnessed a general trend towards decreased restrictiveness of abortion laws. However, legal approaches to regulating abortion are highly different in detail. Abortion access remains limited, sometimes even in countries where abortion is legally available without restrictions relating to reasons. Copyright © 2014 Elsevier Ireland Ltd. All rights reserved.

  7. Legal rights to safe abortion: knowledge and attitude of women in North-West Ethiopia toward the current Ethiopian abortion law.

    Science.gov (United States)

    Muzeyen, R; Ayichiluhm, M; Manyazewal, T

    2017-07-01

    To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift

  8. The legality of unilateral increase of interest rate in banking loan contracts under Serbian law

    Directory of Open Access Journals (Sweden)

    Dudaš Atila I.

    2016-01-01

    circumstances which the debtor could not influence. In most cases the bank could have influenced these circumstance or at least taken them into consideration at the time of the formation of contract. If not, they still fall within the bank's sphere of control or the bank bears the risk of their occurrence. The uniform approach of the courts, both in respect to credit contracts in which the debtor is a consumer, and contracts in which the debtor does not qualify as consumer, is that these clauses in loan contracts are null and void, since they are contrary to principles of good faith and equal value of reciprocal obligations, on the one hand, and make the object of the contract unascertainable, on the other. The courts, however, hardly ever declare the contract null and void in its entirety, but rather apply the rules on partial invalidity. Until the adoption of the Law on the Protection of Financial Services Consumers in 2011, the courts could render their decisions based only on the rules of general contract law pursuant to the Law on Obligations from 1978. The Law on the Protection of Financial Services Consumers explicitly forbids the modification of variable interest rate due to changes in the business policy or internal acts of the bank and prescribes that only officially published data or criteria may be used as variable elements of the interest rate. By this means, stipulating the right of the bank to subsequently, unilaterally and, in fact, freely increase the interest rate, a practice frequently applied in cases in which it was not economically justified, became statutorily forbidden.

  9. Feminicide in Latin America: legal vacuum or deficit in the rule of law?

    Directory of Open Access Journals (Sweden)

    Celeste Saccomano

    2017-12-01

    Full Text Available The escalating number of violent female homicides committed by men over the last two decades has compelled many Latin American countries to classify (typify the crime of gender-based homicide as “feminicide” (or “femicide”. Their objective was to raise awareness and thereby decrease the number of feminicides committed per year. However, although the rate of feminicide fell in many countries, it rose again in subsequent years. In this study, a dataset was built on the rate of feminicide between 2000 and 2014, and an analysis is made of influencing factors. The criminalisation (typification of feminicide is not found to be significant to predict the rate of feminicide. Instead, low levels of the rule of law and a lack of female representation in decision-making bodies such as national parliaments are found to be the most significant factors in explaining the variation in feminicide trends.

  10. Lesson Spurned? Reactions of Online Music Pirates to Legal Prosecutions by the RIAA

    OpenAIRE

    Bachmann, M.

    2007-01-01

    In 2003, the Recording Industry Association of America (RIAA) initiated a surge of lawsuits against peer-to-peer (P2P) network users to stop them from illegally sharing music files. The main goal of this new strategy was not to dissuade individual persons from violating copyright laws, but to educate the general public about the illegality of this behavior and to deter the mass of Internet users from using the ever-emerging P2P networks to share music files(RIAA, 2003). Despite these legal ef...

  11. Illegal bowling actions contribute to performance in cricket finger-spin bowlers.

    Science.gov (United States)

    Spratford, Wayne; Elliott, Bruce; Portus, Marc; Brown, Nicholas; Alderson, Jacqueline

    2018-02-07

    With advances in technology, scientists are now able to more accurately measure elbow displacement changes during the cricket bowling action. This has led to the realization that the majority of bowlers undergo some degree of elbow extension during the forward swing phase of bowling. Consequently, the International Cricket Council were obliged to revise the once zero tolerance for elbow extension threshold to a 15° range. However, it is still not understood if bowling with >15° of elbow extension aids performance or alters other kinematic movements. The purpose of this study was to compare performance and technique measures between legal and illegal finger-spin bowlers. Data were collected from 48 pathway and elite bowlers using a 22-camera motion analysis system. Results indicated that the ball velocity and revolutions at ball release of pathway bowlers with illegal actions showed no significant difference and were similar to elite legal bowlers. Technique differences were also identified, with illegal bowlers being more front-on, forcing a reliance on increased elbow flexion and supination to impart effective ball kinematics at ball release. The performance benefit of greater ball velocity and revolutions is obtained when finger-spin bowlers deliver the ball with more than the allowable 15° of elbow extension, thus reinforcing the validity of the current bowling laws. To counteract bowling with an illegal action, it is recommended that a more side-on technique at back foot impact and rotating the trunk through to the point of ball release will assist bowlers in reducing undesirable elbow extension levels. © 2018 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

  12. Forestry, illegibility and illegality in Omkoi, Northwest Thailand

    Directory of Open Access Journals (Sweden)

    Bobby Anderson

    2007-11-01

    Full Text Available Opium poppy cultivation in Thailand fell from 12,112 hectares in 1961 to 281 ha in 2015. One outlier exists: Chiang Mai province’s remote southwestern district, Omkoi. 90% of the district is a national forest reserve where human habitation is illegal. However, an ethnic Karen population has lived there since long before the law that outlawed them was created, unconnected to the state by road, with limited or no access to health, education and other services: they cultivate the majority of Thailand’s known opium poppy, because they have little other choice. They increasingly rely on cash-based markets, their lack of citizenship precludes them from land tenure which might incentivize them to grow alternate crops, and their statelessness precludes them from services and protections. Nor is the Thai state the singular Leviathan that states are often assumed to be; it is a collection of networks with divergent interests, of whom one of the most powerful, the Royal Forestry Department, has purposely made Omkoi’s population illegible to the state, and has consistently blocked the attempts of other state actors to complexify this state space beyond the simplicity of its forest. These factors make short-term, high-yield, high value, imperishable opium the most logical economic choice for poor Karen farmers residing in this “non-state” space.

  13. Mainstreaming Human Rights Under National and International Law: Legal and Epistemic Question

    Directory of Open Access Journals (Sweden)

    Damilola S. Olawuyi

    2013-09-01

    Full Text Available Even though the concept of human rights mainstreaming is not new to public international law, it has recently gained increased recognition as a practical approach for recognizing the linkages between human rights and other social justice issues such as environmental protection. A plenitude of literature have been generated on the need to recognize and enforce human rights standards and norms in a wide range of issues including environment, health, gender, poverty, food, water and refugee protection to mention but a few. Despite the rapid ascendancy of the human rights mainstreaming concept, much attention have not been given to the scope of human rights mainstreaming and the practical aspects of human rights mainstreaming, particularly whether institutions consisting of ‘outsiders’ to the human rights epistemic community can interpret and enforce human rights obligation. Put simply, do environmentalists, scientists and outsiders to human rights have the capacity to mainstream human rights? This paper examines the scope and tenets of human rights mainstreaming, it then discusses the practical aspects of mainstreaming human rights into policy making, particularly how epistemic concerns on human rights mainstreaming can be addressed in national and international policy design and implementation.

  14. The legacy of minimum legal drinking age law changes: long-term effects on suicide and homicide deaths among women.

    Science.gov (United States)

    Grucza, Richard A; Hipp, Pamela R; Norberg, Karen E; Rundell, Laura; Evanoff, Anastasia; Cavazos-Rehg, Patricia; Bierut, Laura J

    2012-02-01

    Prior to the establishment of the uniform drinking age of 21 in the United States, many states permitted legal purchase of alcohol at younger ages. Lower drinking ages were associated with several adverse outcomes, including elevated rates of suicide and homicide among youth. The objective of this study is to examine whether individuals who were legally permitted to drink prior to age 21 remained at elevated risk in adulthood. Analysis of data from the U.S. Multiple Cause of Death files, 1990 to 2004, combined with data on the living population from the U.S. Census and American Community Survey. The assembled data contained records on over 200,000 suicides and 130,000 homicides for individuals born between 1949 and 1972, the years during which the drinking age was in flux. Logistic regression models were used to evaluate whether adults who were legally permitted to drink prior to age 21 were at elevated risk for death by these causes. A quasi-experimental analytical approach was employed, which incorporated state and birth-year fixed effects to account for unobserved covariates associated with policy exposure. In the population as a whole, we found no association between minimum drinking age and homicide or suicide. However, significant policy-by-sex interactions were observed for both outcomes, such that women exposed to permissive drinking age laws were at higher risk for both suicide (OR = 1.12, 95% CI: 1.05, 1.18, p = 0.0003) and homicide (OR = 1.15, 95% CI: 1.04, 1.25, p = 0.0028). Effect sizes were stronger for the portion of the cohort born after 1960, whereas no significant effects were observed for women born prior to 1960. Lower drinking ages may result in persistent elevated risk for suicide and homicide among women born after 1960. The national drinking age of 21 may be preventing about 600 suicides and 600 homicides annually. Copyright © 2011 by the Research Society on Alcoholism.

  15. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law...

  16. Aspectos legales del uso de drogas ilícitas en México Aspectos legais do uso de drogas ilícitas no México Illegal aspects of illicit drugs use in Mexico

    Directory of Open Access Journals (Sweden)

    Ruth Magdalena Gallegos Torres

    2009-01-01

    opinions of a group of people about legal issues regarding addiction. Data collection was performed using a structured questionnaire with four themes. In order to participate, the individual could not use any drugs but should have a close relationship with a drug user. The data was processed using SPSS V. 14. There were 100 participants, 75% of whom were women, and 38% had a drug user as a friend, mainly cocaine and marijuana users. The participants had one opinion in common: laws should be more severe for people who use, sell, or transport drugs. The current laws do not improve consumers' criminal behavior. There is a need for further studies addressing people's opinion about this phenomenon in order to obtain a more realistic view of this drug issue.

  17. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid.

    Science.gov (United States)

    Crosbie, Eric; Glantz, Stanton A

    2014-05-01

    To analyse the tobacco industry's use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). A review of tobacco industry documents, tobacco control legislation and international treaties. During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco's law firms in Australia and England, Britain's Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including 'plain' packaging, for over a decade. Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies' own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist.

  18. Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

    Science.gov (United States)

    Grosse, Claudia; Grosse, Alexandra

    2015-10-01

    This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

  19. State-level legal preparedness for nuclear and radiological emergencies in the U.S.: a network analysis of state laws and regulations.

    Science.gov (United States)

    Guclu, Hasan; Ferrell Bjerke, Elizabeth; Galvan, Jared; Sweeney, Patricia; Potter, Margaret A

    2014-01-01

    This study explored if and to what extent the laws of U.S. states mirrored the U.S. federal laws for responding to nuclear-radiological emergencies (NREs). Emergency laws from a 12-state sample and the federal government were retrieved and translated into numeric codes representing acting agents, their partner agents, and the purposes of activity in terms of preparedness, response, and recovery. We used network analysis to explore the relationships among agents in terms of legally directed NRE activities. States' legal networks for NREs appear as not highly inclusive, involving an average of 28% of agents among those specified in the federal laws. Certain agents are highly central in NRE networks, so that their capacity and effectiveness might strongly influence an NRE response. State-level lawmakers and planners might consider whether or not greater inclusion of agents, modeled on the federal government laws, would enhance their NRE laws and if more agents should be engaged in planning and policy-making for NRE incidents. Further research should explore if and to what extent legislated NRE directives impose constraints on practical response activities including emergency planning.

  20. 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

  1. At the Crossroads of National and European Union Law. Experiences of National Judges in a Multi-level Legal Order

    NARCIS (Netherlands)

    U. Jaremba (Urszula)

    2013-01-01

    markdownabstract__Abstract__ The notion and theory of legal pluralism have been witnessing an increasing interest on part of scholars. The theory that originates from the legal anthropological studies and is one of the major topical streams in the realm of socio-legal studies slowly but

  2. Forensic human identification in the United States and Canada: a review of the law, admissible techniques, and the legal implications of their application in forensic cases.

    Science.gov (United States)

    Holobinko, Anastasia

    2012-10-10

    Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  3. Random Drug Searches in Schools. A Legal Memorandum: Quarterly Law Topics for School Leaders. Vol. 8, No. 1, Fall 2007

    Science.gov (United States)

    Kallio, Brenda

    2007-01-01

    In his 2004 State of the Union address, President George W. Bush described drug testing as "an effective part" of an "aggressive, community-based strategy to reduce demand for illegal drugs" (as cited in Lineburg, Alexander, & Sughrue, 2006 [emphasis added]). His statement fueled debate about the role of U.S. public schools…

  4. Allegheny County Illegal Dump Sites

    Data.gov (United States)

    Allegheny County / City of Pittsburgh / Western PA Regional Data Center — The Illegal Dump Site dataset includes information on illegal dump sites, their type of trash, and the estimate tons of trash at each site. The information was...

  5. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

    In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

  6. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  7. Legal Knowledge as a Tool for Social Change: La Mesa por la Vida y la Salud de las Mujeres as an Expert on Colombian Abortion Law.

    Science.gov (United States)

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-06-01

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

  8. Illegal trade in Barbary macaques

    NARCIS (Netherlands)

    van Uhm, Daan

    2014-01-01

    While Morocco is well known as the main port between Africa and the EU for the illegal drugs trade and migration, the illegal trade in wildlife is flourishing as well. Next to the illegal large-scale trafficking of tortoises and birds, it is estimated that as few as 5,000 Barbary macaques remain in

  9. POLITIK HUKUM PEMERINTAH DALAM PENANGANAN TINDAK PIDANA PERIKANAN (ILLEGAL FISHING DI INDONESIA

    Directory of Open Access Journals (Sweden)

    Mawardi Khairi

    2017-03-01

    Full Text Available The demand for changes in law sector (political law, particularly in maritime and fishery sector, have the consequences of changes to happen. Thus, can be observed for the last 24 years (1985-2014 and has been changed twice, respectively, Law Number 9 of 1985 on Fishery, Law Number 31 of 2004 on Fishery and Law Number 45 of 2009 on Fishery. The changes shows that laws are made to suit society needs and social development, based on theories and law changer aspect. Fishery crime in Indonesia’s territory are dominated by IUU fishing (Illegal, Unreported and Unregulated Fishing. The even rising number of illegal fishing crime that caused financial less to Indonesia has made the government to produce law instruments outside of laws concerning fishery in order for enforcement of law and justice.   Keywords : political law, law enforcement, and illegal fishing

  10. Effects of the new anti-mafia law on the proceeds of crime and on the Italian economy.

    Science.gov (United States)

    Arlacchi, P

    1984-01-01

    In 1982, the Italian authorities enacted a new law against the mafia conspiracy, which provided for the seizure and confiscation of property illegally acquired by criminals and their associates. This law is intended to strike at the accumulation of wealth of the mafiosi, which chiefly motivates their criminal activity. According to the established procedure, the district attorney or the chief of police are authorized to propose the seizure of property suspected of being derived from crimes, and a court of law decides either to accept or reject such a proposal and, where appropriate, orders the confiscation of illegally acquired assets. Two phenomena were identified, particularly in the southern part of Italy, which preceded the adoption of this new law: one was the establishment of an illegal sector of the economy with the development of a vast illicit market of drugs, and the other was an increase in the number of mafia firms and entrepreneurs. In some areas of western Sicily, for example at Palermo and Trapani, the income derived from illegal activities is estimated at approximately 15 to 20 per cent of the total gross income; the illicit sale of drugs nation-wide exceeds 10,000 billion lire, according to estimates. An assessment of the impact of the new law reveals positive results. In four provinces--Calabria, Campania, Lombardy and Sicily--property suspected of being derived from crimes was seized on 352 occasions and illegally acquired property was confiscated on 108 occasions during a period of 21 months following the adoption of the new law; 98 per cent of the seizures and all of the confiscations took place in the above-mentioned four provinces. The effective enforcement of the new law is, in the long run, expected to result in a movement from illegal to legal activity; if the risk involved in persisting in illegal activities becomes high enough, it should trigger a tendency towards avoiding involvement in the illegal activities and converting the assets

  11. Buyer Beware: Negotiating Legal and Fair Contracts between Schools and Food and Beverage Companies. A Legal Memorandum: Quarterly Law Topics for School Leaders, Fall 2004

    Science.gov (United States)

    Underwood, Julie

    2004-01-01

    Exclusive vending contracts with food and beverage companies can produce much-needed revenue for school districts. However, these pouring and vending contracts as well as other forms of exclusive vendor contracts are often the subject of contentious public debate and legal challenges. Even the language used to refer to such agreements varies:…

  12. Legal protection for the forest. An ecological orientation of the law appears to be a necessity. Rechtsschutz fuer den Wald. Oekologische Orientierung des Rechts als Notwendigkeit der Ueberlebenssicherung

    Energy Technology Data Exchange (ETDEWEB)

    Baumann, W. (ed.)

    1986-01-01

    For years the signs indicating a disastrous dying of trees have been increasing. Environmental associations talk about a 'national cultural disaster'. An 'ecological holocaust' feared by so many would have fatal consequences for water, air, many animal and plant species and, of course, for mankind itself. Forestry already suffers major losses. The legal sciences have so far kept away from any attempt to cope with the death of the forest. This is to be regretted all the more as it has been instrumental in laying down the law caused the critical situation of the forest. In this book authors with different scientific backgrounds discuss the problems in order to find new legal remedies for the ailing forest. An 'ecological orientation' of the law appears to be a necessity.

  13. Narrating illegal logging across the globe

    DEFF Research Database (Denmark)

    Winkel, G.; Leipold, S.; Buhmann, Karin

    2017-01-01

    In the last decade illegal logging has triggered the attention of policy makers and scholars of international forest governance. The issue is multifaceted, involving aspects of social and environmental sustainability, development, trade, access to markets and competitiveness. A vivid academic...... debate has resulted, exploring the nexus between markets and trade on one hand, and environmental and social sustainability on the other. The purpose of this paper is systematically assess the international policy discourse on illegal logging and legality verification policies in different regions...... of the world, drawing on the concept of policy narratives. Specifically, we analyse and compare policy narratives in Australia, Cambodia, China, the EU, Indonesia, Peru and the US. Our analysis is grounded on a rich empirical basis consisting of 260 interviews conducted by various researchers, numerous...

  14. The Relationship Between Domestic Law and International Law : The Impacts on the Legal Daily Brazilian under the Perspective of Constitutionality Block Expansion

    Directory of Open Access Journals (Sweden)

    Luciane Klein Vieira

    2016-06-01

    Full Text Available The relationship between domestic law and international law, carried out by court decisions, is a recurring theme of both international human rights law and constitutional law. This article aims to portray the interactions between domestic law and international law, with emphasis on Brazil, taking into account the internal rules and judicial practice. Therefore, we will use the dogmatic method, which involves analyzing the rules on the subject in the international and domestic front, with empirical perspective, with a view to analysis of cases in which the issue was raised, in particular the possible existence constitu- tionality block and its growth because human rights treaties ratified by Brazil.

  15. The development of health law as a way to change traditional attitudes in national legal systems. The influence of international human rights law: what is left for the national legislator?

    Science.gov (United States)

    Birmontiene, Toma

    2010-03-01

    The development of health law as a sovereign subject of law could be seen as a correlative result of the development of international human rights law. From the perspectives of human rights law, health law gives us a unique possibility to change the traditional point of reference - from the regulation of medical procedures, to the protection of human rights as the main objective of law. At the end of the twentieth and the beginning of this century, human rights law and the most influential international instrument--the European Convention on Human Rights (and the jurisprudence of the ECHR) has influenced health care so much that it has became difficult to draw a line between these subjects. Health law sometimes directly influences and even aspires to change the content of Convention rights that are considered to be traditional. However, certain problems of law linked to health law are decided without influencing the essence of rights protected by the Convention, but just by construing the particularities of application of a certain right. In some cases by further developing the requirements of protection of individual rights that are also regulated by the health law, the ECHR even "codifies" some fields of health law (e.g., the rights of persons with mental disorders). The recognition of worthiness and diversity of human rights and the development of their content raise new objectives for national legislators when they regulate the national legal system. Here the national legislator is often put into a quandary whether to implement the standards of human rights that are recognized by the international community, or to refuse to do so, taking account of the interests of a certain group of the electorate.

  16. Promoting Legal Livelihoods in Ghana

    NARCIS (Netherlands)

    Mckeown, J.P.; Kwesi Gyakye Amonoo, J.; Sampene Mensah, E.; Rozemeijer, N.G.; Wit, de M.

    2015-01-01

    Illegal logging in Ghana is partly a problem of poverty. Poor people, unemployed youth and opportunistic individuals seeking quick cash earn money from the illegal chainsaw milling value chain. Policy change and law enforcement are not sufficient answers. Alternative, and sustainable livelihood

  17. Sources Of Law And Circulation Of Legal Designs: Judicial Precedents In Common Law Systems And The New Code Of Civil Procedure

    OpenAIRE

    Soares, Fabiana de Menezes; Maciel, Caroline Stéphanie Francis dos Santos

    2016-01-01

    The new Code of Civil Procedure stipulated the enforcement of judicial precedents in brazilian law, as way to unify and stabilise the Courts decisions. Therefore, this paper retuns to the qualifying background of this institute as a source of law, in order to better comprehend its framework. In a row, the essay recover precedent’s theoretical basis and its functioning within common law tradition, which can contribute greatly to the entrechment of a doctrine of precedent law in Brazil.

  18. Sources Of Law And Circulation Of Legal Designs: Judicial Precedents In Common Law Systems And The New Code Of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Fabiana de Menezes Soares

    2016-12-01

    Full Text Available The new Code of Civil Procedure stipulated the enforcement of judicial precedents in brazilian law, as way to unify and stabilise the Courts decisions. Therefore, this paper retuns to the qualifying background of this institute as a source of law, in order to better comprehend its framework. In a row, the essay recover precedent’s theoretical basis and its functioning within common law tradition, which can contribute greatly to the entrechment of a doctrine of precedent law in Brazil.

  19. 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).

  20. Interpreting the empirical evidence on illegal gun market dynamics.

    Science.gov (United States)

    Braga, Anthony A; Wintemute, Garen J; Pierce, Glenn L; Cook, Philip J; Ridgeway, Greg

    2012-10-01

    Thousands of Americans are killed by gunfire each year, and hundreds of thousands more are injured or threatened with guns in robberies and assaults. The burden of gun violence in urban areas is particularly high. Critics suggest that the results of firearm trace data and gun trafficking investigation studies cannot be used to understand the illegal supply of guns to criminals and, therefore, that regulatory and enforcement efforts designed to disrupt illegal firearms markets are futile in addressing criminal access to firearms. In this paper, we present new data to address three key arguments used by skeptics to undermine research on illegal gun market dynamics. We find that criminals rely upon a diverse set of illegal diversion pathways to acquire guns, gun traffickers usually divert small numbers of guns, newer guns are diverted through close-to-retail diversions from legal firearms commerce, and that a diverse set of gun trafficking indicators are needed to identify and shut down gun trafficking pathways.

  1. Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

    Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

  2. The European Divorce (Applicable Law Council Regulation (EU No 1259/2010 of 20 December 2010 Implementing Enhanced Cooperation in the Area of the Law Applicable to Divorce and Legal Separation

    Directory of Open Access Journals (Sweden)

    Crina Alina Tagarta (DE SMET

    2015-05-01

    Full Text Available The main objectives with this paper are to give a brief overview of the Scope of application of the regulation; of the main conflict-of-law rules adopted by the regulation, in special those that are more relevant to the role that a notary might have in an international divorce situation. The regulation provides citizens with appropriate outcomes in terms of legal certainty, predictability and flexibility, protects weaker partners during divorce disputes and prevents 'forum shopping'. This also helps avoiding complicated, lengthy and painful proceedings. More specifically, it allows international couples to agree in advance which law would apply to their divorce or legal separation as long as the agreed law is the law of the Member State which they have a closer connection with. In case the couple cannot agree, the judges can use a common formula for deciding which country's law applies. This paper will bring to light some risks and coordination difficulties with the regulation and a few matters that the regulation does not apply to.

  3. Marijuana-Perinatal and Legal Issues With Use During Pregnancy.

    Science.gov (United States)

    Krening, Cynthia; Hanson, Keri

    Although still illegal at the federal level, marijuana has been legalized for medical and/or recreational use in 29 states, causing a dynamically changing legal and social landscape. While the legalization of marijuana at the state level provides criminal protection for use by adults, there remain civil legal implications for families brought about by mandated reporting laws. Mandated reporting requirements have not been updated to account for the movement toward legalization, risking overload of community child protection resources. There is little evidence to inform development of guidelines and protocols for screening, educating, testing of mothers and newborns, and reporting. There are perinatal issues in this evolving environment as well. Discriminatory testing, length of time the drug remains in the system, potential for compromised provider-patient relationships, inconsistent education and referrals, breastfeeding during marijuana use, punitive or legal interventions that may have a negative psychosocial impact on a new family, and the risk for development of community standards of care based on opinion rather than science are just a few of the issues realized after marijuana legalization. These legal and perinatal issues are discussed in detail, along with considerations for practice and policy in caring for cannabis-exposed pregnant women and newborns.

  4. 10 CFR 707.13 - Medical review of results of tests for illegal drug use.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Medical review of results of tests for illegal drug use... Procedures § 707.13 Medical review of results of tests for illegal drug use. (a) All test results shall be... with legal and non-abusive drug use, the MRO will certify that the test results do not meet the...

  5. Logging Concessions Enable Illegal Logging Crisis in the Peruvian Amazon

    Science.gov (United States)

    Finer, Matt; Jenkins, Clinton N.; Sky, Melissa A. Blue; Pine, Justin

    2014-04-01

    The Peruvian Amazon is an important arena in global efforts to promote sustainable logging in the tropics. Despite recent efforts to achieve sustainability, such as provisions in the US-Peru Trade Promotion Agreement, illegal logging continues to plague the region. We present evidence that Peru's legal logging concession system is enabling the widespread illegal logging via the regulatory documents designed to ensure sustainable logging. Analyzing official government data, we found that 68.3% of all concessions supervised by authorities were suspected of major violations. Of the 609 total concessions, nearly 30% have been cancelled for violations and we expect this percentage to increase as investigations continue. Moreover, the nature of the violations indicate that the permits associated with legal concessions are used to harvest trees in unauthorized areas, thus threatening all forested areas. Many of the violations pertain to the illegal extraction of CITES-listed timber species outside authorized areas. These findings highlight the need for additional reforms.

  6. Paul Ricoeur and international law: beyond 'the end of the subject': towards a reconceptualisation of international legal personality

    NARCIS (Netherlands)

    Nijman, J.E.; Johns, F.

    2010-01-01

    The enquiry into international legal personality in the following article is both descriptive and prescriptive in nature. On the one hand, the phenomenon of the (legal) subject is described and explained, in order to offer a better reflection on, and analysis of, its existence. This holds for both

  7. The new transnational payments law and global consumer trade : Online platforms as providers of private legal orders

    NARCIS (Netherlands)

    Janczuk, Agnieszka

    2015-01-01

    This article uses the example of one of the best-known global payment systems provided by an online platform, PayPal, to analyze the role of private legal orders in creating new markets beyond jurisdictional borders. It shows that a relatively uniform legal order reduces risks involved in

  8. Effects of adding illegal storeys to structural systems

    Indian Academy of Sciences (India)

    river valleys or landslide areas, in particular, are not safe from natural disasters. Problems that are probable when illegal buildings are legalized via a building waiver bill, comprise an interdisciplinary subject and call for further study. Apart for the above mentioned buildings, there are buildings which have no project basis,.

  9. Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah

    2012-01-01

    Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  10. The Value Added Tax Implications of Illegal Transactions

    Directory of Open Access Journals (Sweden)

    SP van Zyl

    2011-01-01

    Full Text Available In the case of MP Finance Group CC (In Liquidation v CSARS the High Court of Appeal ruled that income "received by" a taxpayer from illegal gains will be taxable in the hands of the taxpayer. This article explores whether or not the decision in the MP Finance-case (and preceding cases on the taxation of illegal receipts can be applied to determine if illegal transactions are subject to VAT and moreover if a trader in illegal goods and services should register as a VAT vendor. Although strictly speaking no analogy can be drawn between the charging provisions for income tax and VAT, it is clear that in the determination of the taxability of illegal income, the courts applied the principle of tax neutrality. In terms of the principle of tax neutrality, taxes are not concerned with the legality or illegality of a transaction, but rather with whether the transaction complies with the requirements for it to be taxed or not. That said, the European Court of Justice has a different approach in applying this principle. According to the European Court of Justice where the intrinsic nature of the goods excludes it from the commercial arena (like narcotic drugs it should not be subject to VAT, but where the goods compete with a legal market it must be subject to VAT. Charging VAT on illegal transactions might give the impression that government benefits from criminal activities. However, if illegal transactions are not subject to VAT the trader in illegal goods will benefit as his products will be 14% cheaper than his rival’s. Is this necessarily a moral dilemma? In conclusion three arguments can be deduced on the question if illegal transactions should be subject to VAT:1. Illegal transactions should not be taxed at all. Illegal goods or services fall outside the sphere of the application of the charging provision in section 7(1 of the VAT Act. Moreover, taxing illegal transactions lends a quasi-validity to the contract and gives the impression that

  11. Influence Of The Islamic Laws On The Constitutional Legal Regulation In The Countries Of The Middle East (On The Example Of Syria And Iraq

    Directory of Open Access Journals (Sweden)

    Nina V. Volodina

    2014-09-01

    Full Text Available In the present article author conducts research and compares certain elements of Islamic Laws with norms of constitutional law having special value in the countries of Middle East. Legal norms and religious dogmas coincide in Islam on the functioning mechanism as standard regulators of life. Features of constitutional legal regulation of the states of Syria and Iraq relationships with religious associations are considered. It is noted that in any Islamic state the conventional principles and norms of international law correspond to the Quran. In the conclusion author outs forward an idea that: law is closely connected with policy, and the legal base is most often formed depending on political ambitions and religious views of the leader or group of leaders influencing policy in this or that country, not an exception is also the sphere of the state and religious associations relationship. When forming relationship with such country as Syria, it is necessary to consider also those facts, for example, that the leader of this country is an alafit and his religious views are closely connected with imamat, i.e. with ideas of the Talib. Note that in Russian Federation the religious organization "Taliban" is defined as extremist and terrorist. Besides, young people from different countries (including Russia in the desire to improve their religious education go to countries of the Middle East, including Syria in which the number of madrasah increases every year. On the example of Syria in spite of the fact that constitution of this country has a secular focus and leaders put forward the thesis about modernization and good breeding of society, in practice there is a real Islamization of the country and discrimination of other religious beliefs.

  12. The Legal Regime of Nuclear Power Satellites-A Problem at the Cross-Roads of Nuclear Law and Space Law

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

    The number of nuclear-powered satellites rises constantly and, recalling the fear generated by the crash of the Cosmos 954 satellite, the author points out that radioactive debris falling on earth could represent as great a hazard as accidental releases of radioactive material from land-based nuclear installations. Such satellites, therefore, can be governed by both space law and nuclear law. On the basis of international conventions applicable in the two fields and also with reference to the Law of the Sea and environmental law, the article analyses preventive and radiation protection measures as well as emergency plans and also raises the problem of liability and compensation for damage. (NEA)

  13. [Illegal abortion in Senegal].

    Science.gov (United States)

    Gomis, E

    1986-09-01

    Because abortion is illegal in Senegal, it is not easy to determine its frequency. Women suffering complications of illegal abortions are often unwilling to aid in their own treatment by divulging the means used to induce the abortion. Clandestine abortions are associated with poor hygienic conditions exposing the woman to risk of infection. Abortion operators are often ignorant of elementary notions of genital anatomy and unskilled in gynecological surgery. Death may result in a few minutes from shock or embolism. The operator is unable to take any action because of the illegal status of the abortion. Secondary complications may appear because of local trauma, infection, or from caustic or toxic agents. Hemorrhage may be external and abundant, originating in the cervix, vagina, or uterine cavity. It may occur within the abdominal cavity if an organ is perforated. In both cases surgical treatment may be required to save the woman's life. An infection or a state of toxicity may result from the abortion, or both may occur simultaneously. Infections of varying degrees of seriousness may be localized in the genital organs (pelviperitonitis), spread throughout the abdomen (general peritonitis), or spread throughout the organism. Pelviperitonitis results from performing abortions under septic conditions and from uterine retention of part of the embryo. Symptoms include abdominal pain, fever, vomiting, and arrest of intestinal transit. Symptoms are often masked by uninformed use of antibiotics, which allows the infection to spread to the other abdominal organs. Generalized peritonitis results from grave lesions of the genital or intestinal tracts produced by traumatizing instruments. In the absence of medical and surgical treatment, the patient's condition rapidly deteriorates and death ensues. Generalized infection may be due to septicemia, tetanus, or hepatonephritis. Hospitalization in a specialized service is required. Thromboembolic complications may also follow

  14. Illegal immigrants in Canada: recent developments.

    Science.gov (United States)

    Robinson, W G

    1984-01-01

    Immigration policies and their management in a country like Canada have long been an interesting and instructive study for other countries. 1) With borders naturally protected by great distance from almost all migrant routes; 2) with a long, undefended border with the US and a further 3000 kilometers to its border on the south; 3) with a parliamentary system capable of comparatively rapid legislative and administrative responses to problems; and 4) with a relatively small legal, and even smaller illegal, population Canada had historically "experimented" with novel, often quite creative, immigration policies and programs to both encourage and control the increases in its population. This paper summarizes what Canada did and is doing in response to am important item of public policy--the entry and presence of illegal migrants. Canada has experimented with 1) discretionary amnesty for long-term illegals with a capacity to be successfully integrated into Canadian life, 2) tighter border controls with the extended use of the visitor's visa, and 3) employer sanctions. To address the problem more substantively, however, requires detailed study and significant change, including legislative change.

  15. Risks, prices, and positions: A social network analysis of illegal drug trafficking in the world-economy.

    Science.gov (United States)

    Boivin, Rémi

    2014-03-01

    Illegal drug prices are extremely high, compared to similar goods. There is, however, considerable variation in value depending on place, market level and type of drugs. A prominent framework for the study of illegal drugs is the "risks and prices" model (Reuter & Kleiman, 1986). Enforcement is seen as a "tax" added to the regular price. In this paper, it is argued that such economic models are not sufficient to explain price variations at country-level. Drug markets are analysed as global trade networks in which a country's position has an impact on various features, including illegal drug prices. This paper uses social network analysis (SNA) to explain price markups between pairs of countries involved in the trafficking of illegal drugs between 1998 and 2007. It aims to explore a simple question: why do prices increase between two countries? Using relational data from various international organizations, separate trade networks were built for cocaine, heroin and cannabis. Wholesale price markups are predicted with measures of supply, demand, risks of seizures, geographic distance and global positioning within the networks. Reported prices (in $US) and purchasing power parity-adjusted values are analysed. Drug prices increase more sharply when drugs are headed to countries where law enforcement imposes higher costs on traffickers. The position and role of a country in global drug markets are also closely associated with the value of drugs. Price markups are lower if the destination country is a transit to large potential markets. Furthermore, price markups for cocaine and heroin are more pronounced when drugs are exported to countries that are better positioned in the legitimate world-economy, suggesting that relations in legal and illegal markets are directed in opposite directions. Consistent with the world-system perspective, evidence is found of coherent world drug markets driven by both local realities and international relations. Copyright © 2013 Elsevier B

  16. Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

    Energy Technology Data Exchange (ETDEWEB)

    Rohr, B.M. von

    1995-12-31

    The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

  17. Foundations of Modern Legal Thought: the Primacy of Right and the Form of Validity as the Mode of Existence of Law

    Directory of Open Access Journals (Sweden)

    Afredo Bergés

    2013-12-01

    Full Text Available The aim of the present article is to show the specificity of the modern legal thought that elevates the activity of free will to the principle of law. Since the ultimate source of all normativity, according to the pre-modern legal thought, lies beyond human activity, man is considered to be under a givenobligation towards the source from which all rights and duties originate: «nature» imposes its law uponman. Such a pre-modern grounding of norms immediately opens up the possibility of denying one anyright (slavery if one has not full filled their fundamental duty. When traditional sources of normativity lose their efficiency and credibility, it becomes necessary to resort to an immanent principle: the activity of the autonomous subject. This principle is the true foundation of the «original, inalienable right» of man. Law isa construction that is valid only insofar as it is an adequate actualization of the concept of freedom.

  18. Debate on the legalization of abortion in Zimbabwe.

    Science.gov (United States)

    1994-01-01

    In Zimbabwe, where over 70,000 illegal abortions are performed each year and complications from clandestine abortion are a leading cause of maternal mortality, the abortion law debate has been re-opened. Under the present law, abortion is legal only to save the life of the mother and women who undergo illegal abortion face strict criminal sanctions. Timothy Stamps, the Minister of Health and Child Welfare, has stated, "The first rights of a child are to be desired, to be wanted, and to be planned." Dr. Illiff, of the University of Zimbabwe's Department of Obstetrics and Gynecology, has noted, "We cannot stop abortion. The choice is how safe it is." Illiff pointed out that urban Zimbabwe women run a 262 times greater risk of dying of abortion complications than their counterparts in the UK where abortion is legal. As the Women's Action Group has observed, men have dominated the current debate on abortion. The group has issued an appeal to women to enter into this debate that concerns their bodies to ensure that another law is not imposed on them. The group's appeal for action states: "We as Women's Action Group believe that every woman should decide what's right and what's wrong in her life. She and only she should be the master of her destiny. Her voice should be heard louder than anyone else's."

  19. Can a Patriarchal World Be Corrected by a Criminal Law? Feminist Struggles, Penal Justice and Legal Reform in France (1970–1980

    Directory of Open Access Journals (Sweden)

    Jean Bérard

    2016-03-01

    Full Text Available This article describes (1 the relationship between the demands made by feminist movements of the 1970s in cases of sexual violence and criticism of the criminal justice system by these movements and other groups, including the prisoners’ movement; and (2 the relationship between this debate and the legal process of reforming the definition and punishment of rape. Two periods are analyzed. In the early 1970s, the common cause of very different movements targeting the law was the priority given to the defense against forms of repression and disciplinary institutions. After 1975, the demands of feminist and prisoner movements diverged and even conflicted. One camp called for an offensive approach to changing the legal punishment of rape whereas the other camp fought against penal reforms imposed by the government and, more specifically, against long sentences.

  20. A New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays (Moscow: Yurlitinform, 2015. 312 p.

    Directory of Open Access Journals (Sweden)

    D.V. Nefedov

    2016-12-01

    Full Text Available This book is a study at the intersection of such academic disciplines as general history, history of state and law and source study. The subcect of R.Yu. Pochevalev’s book appears very relevant since the interest of the scientific community and readership toward the Golden Horde and its role in the history of the Russian state remains traditionally high for several centuries. However, the author is trying to take a fresh look at this state and refute the stereotype of the Golden Horde as a some kind of bunch of nomads who lived only by plundering neighboring sedentary peoples. He succeeds in this by studying such an important part of the Golden Horde history as its law and legal culture. The book examines a number of questions on the history of state and law of the Golden Horde, which have not previously been the subject of a special study (for example, possessions of the Golden Horde in other uluses, dualism of power in different states, relations between authorities and traders, etc.. On some other issues that have already been studied by experts, he proposes new interpretations in the framework of historical and legal approach (for example, the causes of intestine strife in the Golden Horde in the mid-14th century, yarliks of the Golden Horde khans granted to the Russian Chruch, relations of the Golden Horde rulers and Italian colonies in the Northern Black Sea region. The author examines to a great extent the themes of state and legal regulation of economic relations: status of merchants in the Golden Horde and post-Golden Horde states, role of economic sanctions in the resolution of political conflicts. In other essays contained in the book, the author also emphasizes the role of the economic component of the political and legal relations. For example, R.Yu. Pochekaev convincingly shows that relations of the Golden Horde with other states of the Mongol Empire was based on the principle of mutual provision of possessions to the rulers of

  1. The Reluctance of Civil Law Countries in Adopting “the Without Breach of Peace” Standard of UCC Article 9: Evidence from National and International Legal Instruments Governing Secured Transactions

    DEFF Research Database (Denmark)

    Gikay, Asress Adimi; Stanescu, Catalin Gabriel

    2017-01-01

    tradition. Based on comparative analysis of secured transactions laws of the US, the UK, Romania, and Hungary (representing national laws), and the Cape Town Convention on International Interests in Mobile Equipment along with the Aircraft Protocol and the Draft Common Frame of Reference (representing...... international legal instruments), this article demonstrates that continental European legal systems are generally apprehensive with the “without breach of peace” standard. Thus, they are reluctant to transplant it to their legislation and try to either modify it or replace it with different legal requirements...

  2. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

  3. GENERAL PRINCIPLES OF EU (CRIMINAL LAW: LEGALITY, EQUALITY, NON-DISCRIMINATION, SPECIALTY AND NE BIS IN IDEM IN THE FIELD OF THE EUROPEAN ARREST WARRANT

    Directory of Open Access Journals (Sweden)

    NOREL NEAGU

    2012-05-01

    Full Text Available This article deals with the case law of the Court of Justice of the European Union in the field of the European arrest warrant, critically analysing the principles invoked in several decisions validating the European legislation in the field: legality, equality and non-discrimination, specialty, ne bis in idem. The author concludes that an area of freedom, security and justice could be built on these principles, but further harmonisation of legislation needs to be realised to avoid a ”journey to the unknown” for European citizens in respect to legislation of other member states of the EU.

  4. The South African regulatory framework relating to illegal trade in rhino horn / Neil James de Wet

    OpenAIRE

    De Wet, Neil James

    2015-01-01

    The purpose of this study is to determine whether the current South African regulatory framework related to the illegal trade in wildlife, provides the means to regulate the illegal trade in rhino horn effectively. In an effort to combat and eradicate the illegal trade in wild species and parts therein, South Africa has enacted numerous laws and it has ratified various international conservation Conventions. However, with more than 800 rhinos having been killed in 2013 alone, it is doubtful w...

  5. Adoption of Sustainable Practices And Certification ISO 14001: A Case Study in a Law and Legal Advice Firm

    Directory of Open Access Journals (Sweden)

    Letícia Eugênia Arenhart

    2013-12-01

    Full Text Available This article seeks to analyze how the company X Advocacy and Legal Consultancy can implant sustainable and quality practices to obtain the environmental certification ISO 14001. To achieve the objective, a qualitative and quantitative approach study was conducted. Regarding procedures, it consisted in a case study with a descriptive focus. From observation of the reality of X Advocacy and Legal Consultancy and its claims in relation to obtaining ISO 14001 certification, it is possible to propose as solution the implementation of a number of initiatives and sustainability actions in three pillars – social, environmental and economic. Suggestions were also developed about the dimensions of quality in order to formulate the basis for X Advocacy and Legal Consultancy environmental policy and possible implementation of ISO 14,001. 

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

    NARCIS (Netherlands)

    Jeppesen, C.G.

    2008-01-01

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

  7. Illegal mining in Colombia: a conflict of narratives.

    OpenAIRE

    Juárez, Fernando; Universidad del Rosario Bogotá

    2016-01-01

    This paper presents a reflection on the debate of illegal mining in Colombia. It addresses aspects such as the legal and illegal mining context, its narrative approaches, the environmental effects, and the existence of a meta-narrative that contributes to the solution of the problem with constituent basic assumptions. A method of analysis of concepts and criteria, within a narrative approach, was used. En este trabajo se presenta una reflexión sobre el debate de la minería ilegal en Colomb...

  8. Judgments about illegal performance-enhancing substances: reasoned, reactive, or both?

    Science.gov (United States)

    Dodge, Tonya; Stock, Michelle; Litt, Dana

    2013-07-01

    This study applied aspects of the Theory of Reasoned Action and the Prototype/Willingness model to understand cognitions associated with the use of illegal performance-enhancing substances. There were two study objectives. One was to investigate whether the illegal-is-effective heuristic (i.e. belief that illegal performance-enhancing substances are more effective than legal performance-enhancing substances) affects willingness to use illegal performance-enhancing substances. The second was to examine whether attitudes, norms, and prototypes influence the willingness and intentions to use illegal performance-enhancing substances. The illegal-is-effective heuristic was a significant predictor of willingness but was not a significant predictor of intentions. Implications for future research and prevention efforts are discussed.

  9. The gentleman’s agreement in legal theory and in modern practice : the Dutch civil law perspective

    NARCIS (Netherlands)

    Grosheide, F.W.

    1998-01-01

    According to an often quoted saying a gentleman’s agreement is an agreement which is not enforceable at law and binding only as a matter of honour. Honour, so the saying suggests, does not belong to the province of civil law. However, on second thoughts this suggestion may appear to be not very

  10. We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

    NARCIS (Netherlands)

    Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

    2015-01-01

    In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

  11. Illegal Immigration. Opposing Viewpoints Series.

    Science.gov (United States)

    Cozic, Charles P., Ed.

    Books in the Opposing Viewpoints Series present debates about current issues that can be used to teach critical reading and thinking skills. The variety of opinions expressed in this collection of articles and book excerpts explore many aspects of illegal immigration. Contrary depictions of the aspirations and attitudes of illegal immigrants fuel…

  12. Towards More Synergy in the Interpretation of the Prohibition of Sex Discrimination in European Law?
    A Comparison of Legal Contexts and some Case Law of the EU and the ECHR

    Directory of Open Access Journals (Sweden)

    Susanne D. Burri

    2013-01-01

    Full Text Available The non-discrimination provisions in EU law and in the ECHR have a different background and the Court of Justice of the EU and the European Court of Human Rights have differing roles. However, in both European systems the prohibition of discrimination has become of increasing importance: EU law now covers more discrimination grounds, the scope of both EU law and the ECHR non-discrimination provisions has expanded and, in particular in the field of gender equality, there is an impressive body of - in particular EU - case law. National courts are confronted with issues that fall either under the ECHR or the EU provisions or both. Sometimes similar questions are interpreted by both European courts, for example in case of overlapping subject-matters, such as sex discrimination in the field of pensions, social security benefits or parental leave. The paper offers an analysis of the legal contexts and case law of both European systems in some areas that overlap and the main similarities and differences in approaches to sex equality in both systems. The comparison shows that while the ECtHR sometimes allows a gradual abolition of forms of direct sex discrimination, the approach of the Court of Justice is much stricter.

  13. 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....

  14. 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...

  15. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

  16. Innovative Use of the Law to Address Complex Global Health Problems Comment on "The Legal Strength of International Health Instruments - What It Brings toGlobal Health Governance?"

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

    Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments. © 2017 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

  17. Apology and Spanish Criminal Law at the Post-Sentencing Level: the Gap Between Legal Provisions and Victims and Offenders’ Experiences in Cases of Terrorism

    Directory of Open Access Journals (Sweden)

    Gema Varona

    2017-08-01

    Full Text Available This paper deals with the Spanish provisions in criminal law requesting apology by offenders in organized crime, including terrorism. In order to grant parole, apology is required, among other possible means provided by law, to accredit the abandonment of the ends and means of the terrorist activity. Those legal provisions will be contrasted with the experience and narratives of victims and offenders in cases of terrorism. Final conclusions will be derived in relation to the possibility of restorative apologies in these contexts.Este artículo aborda las provisiones españolas en materia de derecho penal que solicitan la petición de perdón de los delincuentes del crimen organizado, incluyendo el terrorismo. Entre otras medidas posibles que plantea la ley, para obtener la libertad condicional se requiere una disculpa, para acreditar el abandono de los fines y los medios de la actividad terrorista. Estas provisiones legales se contrastarán con la experiencia y las narraciones de víctimas y delincuentes en casos de terrorismo. Se ofrecen conclusiones finales en relación con la posibilidad de disculpas restaurativas en estos contextos.DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3002481

  18. Unaccompanied & Denied: Regional Legal Framework for Unaccompanied Minors Asylum Seekers (UMAS

    Directory of Open Access Journals (Sweden)

    Rohaida Nordin

    2015-12-01

    Full Text Available Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on thereceiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and supportmechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMASinternationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia and five ASEAN State Members. This article also highlights the various stands taken by various countries providing better legal framework and practices regarding the terms for protection and enforcement of human rights for UMAS. Finally, this article provides recommendations for Australia and ASEAN Member States to adopt in order to realise the international human rights of UMAS with respect to guardianship.

  19. The new illegal immigration in Japan, 1980-1992.

    Science.gov (United States)

    Morita, K; Sassen, S

    1994-01-01

    "This article presents some of the latest available figures on illegal immigration in Japan, a process that did not assume significant proportions until the mid-1980s. It also discusses briefly the latest developments around 'immigration' policy--more precisely, the law on the entry and exit of aliens." excerpt

  20. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

    Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

  1. Using crowd sourcing to combat potentially illegal or dangerous UAV operations

    Science.gov (United States)

    Tapsall, Brooke T.

    2016-10-01

    The UAV (Unmanned Aerial Vehicles) industry is growing exponentially at a pace that policy makers, individual countries and law enforcement agencies are finding difficult to keep up. The UAV market is large, as such the amount of UAVs being operated in potentially dangerous situations is prevalent and rapidly increasing. Media is continually reporting `near-miss' incidents between UAVs and commercial aircraft, UAV breaching security in sensitive areas or invading public privacy. One major challenge for law enforcement agencies is gaining tangible evidence against potentially dangerous or illegal UAV operators due to the rapidity with which UAV operators are able to enter, fly and exit a scene before authorities can arrive or before they can be located. DroneALERT, an application available via the Airport-UAV.com website, allows users to capture potentially dangerous or illegal UAV activity using their mobile device as it the incident is occurring. A short online DroneALERT Incident Report (DIR) is produced, emailed to the user and the Airport-UAV.com custodians. The DIR can be used to aid authorities in their investigations. The DIR contains details such as images and videos, location, time, date of the incident, drone model, its distance and height. By analysing information from the DIR, photos or video, there is a high potential for law enforcement authorities to use this evidence to identify the type of UAV used, triangulate the location of the potential dangerous UAV and operator, create a timeline of events, potential areas of operator exit and to determine the legalities breached. All provides crucial evidence for identifying and prosecuting a UAV operator.

  2. The Legal Importance of Blood Alcohol Limits for Driving in German Law with a Comparative Study of Emirati and Egyptian Legislation

    Directory of Open Access Journals (Sweden)

    Abdulsallam A. Bakdash

    2017-06-01

    Full Text Available Driving under the influence of alcohol or drugs (DUI is a crime or offence according to the laws of most countries. DUI increases the risk of traffic accidents as well as the severity and outcome of injuries that result from them. Some countries have a sophisticated control system to monitor DUI of alcohol in all traffic accidents. There is variation between different countries regarding the concept of driving under the influence of alcohol as well as the legal limits of Blood Alcohol Concentration (BAC and the requirements to test the victims of accidents. This paper reviews the limit values for BAC in German traffic law (Administrative Offences Act, which stipulates a BAC value of 0.50 mg/g and a breath alcohol value of 0.25 mg/L as a marginal value for the application of punitive measures. German criminal law defines the minimum BAC values of relative unfitness to drive and absolute unfitness to drive as 0.3 mg/g and 1.10 mg/g, respectively (1.60 mg/g for cyclists.The minimum BAC values representing significant impairment and absolute impairment in criminal cases are 2.00 mg/g and 3.00 mg/g, respectively. Different penalties and legal consequences result according to the BAC level of an offender. In contrast, only eight out of twenty-two Arab countries recognise BAC limit values only in traffic laws. In Jordan, the BAC limit is 0.75 mg/g (0.08 g/dL.in the UAE, the BAC limit is 0.094 mg/g (0.01 g/dL, while Egyptian law does not recognise BAC values in the application of sanctions: the mere presence of alcohol in blood, regardless of its concentration and effect, is a sufficient and adequate condition for punishment. Accordingly, this study encourages lawmakers in Arab countries to define the limit values for BAC when investigating any crime in general and traffic offences in particular, in close cooperation with forensic doctors and toxicologists. It urges them to consider different BAC and their effects in relation to traffic offences. It

  3. Illegal Migration and Human Smuggling in Central and Eastern Europe

    Directory of Open Access Journals (Sweden)

    Peter Futo

    2005-06-01

    Full Text Available The analytical and statistical services of border management organizations in Central and Eastern European countries have registered and accumulated a vast body of knowledge on the demographics and mechanisms of illegal migration over the last one-and-a-half decade. This paper attempts to tap this resource by summarising the results of a yearly survey among border guards of 17 countries. A set of quantitative indicators of illegal migration is developed, presented and interpreted, based on the answers of the border services to a series of quantitative and qualitative questions. This empirical material is used to evaluate the dynamics and pattern of illegal migration in Central and Eastern Europe on the one hand, and to examine the development of border management strategies on the other. The impacts of legal and institutional reforms are investigated in light of the temporal and spatial variations of border apprehension statistics. The interdependence of the two processes is reviewed from the point of view of national border management authorities, perhaps the most authoritative source of information on the issue. The results of the authors’ annual survey indicate that the progressive development of migration control mechanisms at national and international levels seems to have a significant impact on irregular migration flows as most indicators of illegal migration have significantly decreased after the turn of the century. At the same time, the geographical distribution of illegal migration flows in Central and Eastern European countries has become more complex over the years.

  4. Illegal fishing and territorial user rights in Chile.

    Science.gov (United States)

    Oyanedel, Rodrigo; Keim, Andres; Castilla, Juan Carlos; Gelcich, Stefan

    2017-11-07

    Illegal fishing poses a major threat to conservation of marine resources worldwide. However, there is still limited empirical research that quantifies illegal catch levels. We used the randomized response technique to estimate the proportion of divers and the quantities of loco (Concholepas concholepas) they extracted illegally. Loco have been managed for the past 17 years through a territorial user rights for fisheries system (TURFs) in Chile. Illegal fishing of loco was widespread within the TURFs system. Official reported landings (i.e., legal landings) accounted for 14-30% of the total loco extraction. Our estimates suggest that ignoring the magnitude of illegal fishing and considering only official landing statistics may lead to false conclusions about the status and trends of a TURFs managed fishery. We found evidence of fisher associations authorizing their members to poach inside TURFs, highlighting the need to design TURFs systems so that government agencies and fishers' incentives and objectives align through continuous adaptation. Government support for enforcement is a key element for the TURFs system to secure the rights that are in place. © 2017 Society for Conservation Biology.

  5. ABORTION IN BRAZIL: IMPACTS OF ILLEGALITY IN PUBLIC HEALTH

    Directory of Open Access Journals (Sweden)

    Vanessa Cruz Santos

    2013-12-01

    Full Text Available Abortion in Brazil provides public health impacts, mainly due to the high rate of maternal morbidity and mortality, because it most often occurs in an illegal practice and / or unsafe, because of the illegality of abortion in certain situations in the country. Therefore, it is an issue that refers to the various reflections, such as legal, moral, cultural, socio-economic and bioethical. Given the above, the study aims to address about abortion in Brazil and the impacts of illegality in public health. Study of literature review, descriptive and discursive, held in the database SciELO sites and governmental and non-governmental organizations. It was evident that the illegality of abortion in Brazil is harmful to the health of women who resort to unsafe practices and / or illegal, a violation of human rights, the women’s autonomy, as well as providing public health impacts, and sometimes this actually happens because the deficit in quality of care, specifically to sexual and reproductive health, as the actions of Family Planning. It is considered that the way of abortion in Brazil requires modifications, especially with regard to legislative and bioethics conflicts.

  6. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  7. Should virtual cybercrime be regulated by means of criminal law? A philosophical, legal-economic, pragmatic and constitutional dimension

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    This paper will be about the question of whether or not virtual cybercrime should be regulated by means of criminal law. By virtual cybercrime I mean activities such as the stealing of virtual property or the killing of an avatar (a player's virtual representation) within the virtual worlds of

  8. Reforms in triple talaq in the personal laws of Muslim states and the Pakistani legal system: Continuity versus change

    Directory of Open Access Journals (Sweden)

    Muhammad Munir

    2013-02-01

    Full Text Available This work analyses the reforms carried out in some of the Muslim states regarding the issue of triple divorce in one session. According to a majority of Sunni jurists, pronouncing the word ‘talaq’ three times in succession, equates with three ‘talaqs’. On the contrary, according to Ibn Taimiyah, Ibn al-Qiyam, and the Shi‘a Imamiyah, three pronouncements of the word talaq in one session equals only one talaq. Most Arab, as well as many Muslim states such as Egypt, Syria, Jordan, Iraq, Sudan, Morocco, Kuwait, Yemen, Afghanistan, Libya, Kuwait, Qatar, Bahrain, and the United Arab Emirates, have, while formulating their own laws, followed Ibn Taimiyah’s and Ibn al-Qiyam’s positions on this issue. In this regard, Sri Lanka’s Marriage and Divorce (Muslim Act, 1951, as amended up to 2006, seems to be the most ideal legislation on triple talaq. In Pakistan, the Muslim Family Law Ordinance 1961, has abolished triple talaq, as the procedure laid down in section 7 is largely applicable to one or two pronouncements only and excludes three pronouncements. Furthermore, some portions of section 7 are in clear contravention of the dictates of Islamic law, which adds to this precarious section’s peculiarity. The superior courts in Pakistan and Bangladesh have not been consistent in interpreting the law on this important subject, while on the other hand, some Indian High Courts have treated triple talaq as invalid.

  9. A Primer on Employment and Intellectual Property Law: Legal Guidance for Supervisors of Assessment and Institutional Research Staff

    Science.gov (United States)

    Knight, William; Lugg, Elizabeth Timmerman

    2017-01-01

    Institutional research (IR) leaders rely on staff members to accomplish office missions and support institutional decisions. Like any supervisors in higher education, IR leaders must be familiar with a host of employment and intellectual property laws that guide the institution/employee relationship. This chapter offers insights into specific…

  10. Cognitive conflicts and the making of international law: from empirical concord to conceptual discord in legal scholarship

    NARCIS (Netherlands)

    d' Aspremont, J.

    2013-01-01

    This Article seeks to shed some light on the reasons guiding scholars in their choices pertaining to the cognition of international lawmaking. After a brief outline of the mainstream empirical construction of current norm-generating processes in international law (1) and a further detailed

  11. Deng Zhenglais Search for the “Ideal Image” or the Paradigmatic Crisis of Chinese Law? Discussion from the Perspective of the Legal Culture Discourse in the 21st Century

    Directory of Open Access Journals (Sweden)

    Agnes S. Schick-Chen

    2014-12-01

    Full Text Available In the first decade of the 21st century, the author of the book entitled “Wither Chinese Jurisprudence“ stepped forward to offer a critique of the unquestioned and undertheorized orientation of the Chinese legal science towards modernity. Widely and critically discussed, Deng Zhenglai's appeal for a new ideal picture of Chinese law based on a reinterpretation and new understanding of China herself can be seen both as a seizure in and outcome of the many discussions on law and culture that had started off in the first decade of reform and opening and were continued in the times of a “Socialist rule of law with Chinese characteristics”. The following text shows that the issue of identity of Chinese legal scholars was an inherent part of the discourse on Chinese legal culture, and that Dengs book has to be understood in this context.

  12. THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

    Directory of Open Access Journals (Sweden)

    Abd Asis

    2015-07-01

    Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

  13. 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.

  14. An elusive concept: the changing definition of illegal immigrant in the practice of immigration control in the United Kingdom.

    Science.gov (United States)

    Couper, K; Santamaria, U

    1984-01-01

    This paper examines changing concepts of immigration practice in the UK. Immigration control at the port of entry has extended to internal control within the UK. The burden of proof of legality of status is increasingly on the immigrant, against a background of administrative rather than criminal justice. The changing and broadening definition of illegal immigration in the UK is part of a set of policies, which are governmental responses to what is conceived of as public opinion. THE GUARDIAN suggested that the Home Office has tightened up its application of the rules as the price to the Tory Right for their silence over further changes to the immigration law, thus demonstrating the political aspects of the concept of illegality. The Home Office replied that the UK was now one of the most densely populated countries in Europe and that, in terms of services, the country simply could not support all those who would like to come there. Nor can more than a certain number of newcomers be absorbed by any host community without the risk of friction. However, the host community is now multi-ethnic, and there is a black vote. The growth of administrative justice against which there is little effective appeal, the retrospective application of the 1971 Immigration Act, the ever-widening definition of the concept of illegality along with the fact that there is no time limit under the 1971 Act for one of the most common offenses, that of over-staying, have given rise to an increasing number of campaigns in support of individuals or families. These campaigns against the deportation of "illegal" immigrants may be an indication of a change in public opinion.

  15. LEGAL RELATIONSHIP BETWEEN ILLEGITIMATE CHILDREN AND THEIR BIOLOGICAL FATHER: The Analysis of Constitutional Court Decree No. 46/PUU-VIII/2010 in the Perspective of Civil and Islamic Law

    Directory of Open Access Journals (Sweden)

    Marilang Marilang

    2016-12-01

    Full Text Available In Indonesia, children born out of wedlock only have legal relationship or family lineage relationship with their mother and mother’s family, not with their biological father and biological father’s family. This provisions of law are arranged in Article 43 paragraph (1 of Marriage Law No. 1 of 1974 which is highly influenced by Shafi’ite School of Islamic jurisprudence. Through judicial review of Aisyah (Machica Mochtar and her son named M. Iqbal Ramadhan, Constitutional Court has agreed to waive the provisions by means of the Decree Number 46/PUU-VIII/2010 with legal consideration that the concerned article contravenes the Constitution, then it creates new legal norm which states those children have legal relationship and family lineage with their mother and mother’s family and also the man who is their father. The Decree sparks controversies concerning the term ‘children born out of wedlock’ and ‘legal relationship’ in the decree. Contrary to many law experts, the article argues that the term ‘children born out of wedlock’ simply means children born from zina (adultery or fornication. Thus, ‘legal relationship’ only refer to limited relationship between both parties.

  16. Mitochondrial replacement techniques and Mexico's rule of law: on the legality of the first maternal spindle transfer case

    Science.gov (United States)

    Medina-Arellano, María de Jesús

    2017-01-01

    Abstract News about the first baby born after a mitochondrial replacement technique (MRT; specifically maternal spindle transfer) broke on September 27, 2016 and, in a matter of hours, went global. Of special interest was the fact that the mitochondrial replacement procedure happened in Mexico. One of the scientists behind this world first was quoted as having said that he and his team went to Mexico to carry out the procedure because, in Mexico, there are no rules. In this paper, we explore Mexico's rule of law in relation to mitochondrial replacement techniques and show that, in fact, certain instances of MRTs are prohibited at the federal level and others are prohibited at the state level. According to our interpretation of the law, the scientists behind this first successful MRT procedure broke federal regulations regarding assisted fertilization research. PMID:28852557

  17. Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.

    Science.gov (United States)

    Harris, Andrew; Walker, Andrew

    2018-04-23

    The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

  18. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

  19. Cultural pluralism and the future of American unity: the impact of illegal aliens.

    Science.gov (United States)

    Fuchs, L H

    1984-01-01

    This paper explores the question of the impact of illegal migration on American unity and cultural pluralism in the US. Assuming that over time the descendants of undocumented workers now in the US will behave substantially like descendants of those who immigrate legally, the long-term impact of illegal migration barely will be noticeable provided it is reduced substantially in the future. The process of acculturation will work in the same way for both groups as it has for other ethnic groups in the past, given comparable levels of education and length of family residence in the US. The author takes special notice of the illegal migration of Spanish-speaking workers and hypothesizes that the behavior of their descendants will not differ from that of the descendants of other immigrants, legal or illegal, in ways that disrupt fundamental patterns of American political unity and cultural pluralism.

  20. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

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

    Science.gov (United States)

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

    2018-03-01

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

  2. 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.

  3. The Labor Market Effects of Reducing the Number of Illegal Immigrants

    OpenAIRE

    Andri Chassamboulli; Giovanni Peri

    2015-01-01

    A controversial issue in the US is how to reduce the number of illegal immigrants and what effect this would have on the US economy. To answer this question we set up a two-country model with search in labor markets and featuring legal and illegal immigrants among the low skilled. We calibrate it to the US and Mexican economies during the period 2000-2010. As immigrants, especially illegal ones, have a worse outside option than natives their wages are lower. Hence their presence r...

  4. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: an overview.

    Science.gov (United States)

    Fragomen, A T

    1997-01-01

    "On September 30, 1996, President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), Pub. L. No. 104-208, 110 Stat. 3009. After an intense lobbying effort by the business community, most provisions relating to legal immigration were omitted from the final bill. Instead, the 1996 Act focuses on illegal immigration reform and includes some of the toughest measures ever taken against illegal immigration." Aspects considered include border enforcement, penalities against alien smuggling and document fraud, deportation and exclusion proceedings, employer sanctions, welfare provisions, and changes to existing refugee and asylum procedures. excerpt

  5. The ethical and legal implications of nanotechnologies: a preliminary survey to picture the perceptions of law students and medical students.

    Science.gov (United States)

    Daloiso, V; Ricci, G; Minacori, R; Sacchini, D; Spagnolo, A G

    2014-01-01

    The aim of this preliminary survey was to picture the current knowledge and opinions of law students and medical students about nanotechnologies. Data were collected in June 2012 by interviews with 60 students of the University of Camerino (Macerata, Italy) defined as "jurist population" and 159 medical students of the Università Cattolica del Sacro Cuore (Rome, Italy) defined as "medical population". The Authors found that both law and medical students have some knowledge on what nanotechnologies are; with regards to the ethical issues and risks perception, both categories indicated that nanotechnologies generate bioethical issues. Nevertheless, a high percentage of respondents believed that neither existing technologies nor nanotechnologies pose risks for human health. Opinions on regulation of nanotechnologies are instead different. These preliminary findings underlined the ambiguity surrounding nanotechnologies both concerning the bioethical dimension and risks perception and their regulation. These early data therefore showed a need of additional reflection on these technologies that should be investigated more in detail; moving from students, future scientists and regulators, these data could contribute to clarify the debate on them.

  6. World law

    OpenAIRE

    Harold J. Berman; Robert W. Woodruff; James Barr Ames

    1999-01-01

    In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the ...

  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. Legal status and source of offenders' firearms in states with the least stringent criteria for gun ownership.

    Science.gov (United States)

    Vittes, Katherine A; Vernick, Jon S; Webster, Daniel W

    2013-02-01

    Gun possession by high-risk individuals presents a serious threat to public safety. U.S. federal law establishes minimum criteria for legal purchase and possession of firearms; many states have laws disqualifying additional categories for illegal possession. We used data from a national survey of state prison inmates to calculate: 1) the proportion of offenders, incarcerated for crimes committed with firearms in 13 states with the least restrictive firearm purchase and possession laws, who would have been prohibited if their states had stricter gun laws; and 2) the source of gun acquisition for offenders who were and were not legally permitted to purchase and possess firearms. Nearly three of ten gun offenders (73 of 253 or 28.9%) were legal gun possessors but would have been prohibited from purchasing or possessing firearms when committing their most recent offense if their states had stricter prohibitions. Offenders who were already prohibited under current law acquired their gun from a licensed dealer, where a background check is required, five times less often than offenders who were not prohibited (3.9% vs. 19.9%; χ(2)=13.31; p≤0.001). Nearly all (96.1%) offenders who were legally prohibited, acquired their gun from a supplier not required to conduct a background check. Stricter gun ownership laws would have made firearm possession illegal for many state prison inmates who used a gun to commit a crime. Requiring all gun sales to be subject to a background check would make it more difficult for these offenders to obtain guns.

  9. Qualification of the Organization and Carrying Out Gambling in the Gambling Zone Based on the Permission Got Illegally

    Directory of Open Access Journals (Sweden)

    Boris R. Avetisyan

    2016-06-01

    Full Text Available In this article author takes up questions of qualification of the organization and carrying out gamblings in a gambling zone based on the permission got illegally which are treated as illegal business activity. In the conclusion the author draws a conclusion that for the purpose of activization of fight against the subjects performing illegal business activity in the sphere of the organization and carrying out gamblings, law enforcement agencies need to develop new methods and methods of operational search activities.

  10. STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION

    OpenAIRE

    Міннігулова, Д. Б.

    2017-01-01

    In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil emp...

  11. 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...

  12. The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

  13. The Mexican "Illegal Alien" Commute.

    Science.gov (United States)

    Decker, Phil

    1986-01-01

    A photo report of the following three treks by illegal aliens across the border from Mexico to work in Arizona reveals the dangers and disappointments the migrants are exposed to: (1) a "carpool" from Southern Mexico; (2) a train ride from Sinaloa; and (3) a 40-mile hike through the Arizona desert. (PS)

  14. Researching illegal logging and deforestation

    NARCIS (Netherlands)

    Boekhout van Solinge, T.

    2014-01-01

    Tropical deforestation such as in the Amazon can be studied well from a green criminological perspective. Ethnographic research methods form a useful way to get insight into the dynamics and complexity of tropical deforestation, which often is illegal. This article gives an account of various

  15. 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.

  16. The incorporation of public international law into municipal law and ...

    African Journals Online (AJOL)

    Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist ...

  17. Implementing timber legality assurance regime in Ghana: a review ...

    African Journals Online (AJOL)

    Illegal logging has contributed significantly to slowing the march towards sustainable forest management in Ghana. Illegal logging has been found to thrive in environment where regulatory controls are not adequate. Stakeholders are concerned about the verification of legal compliance for timber harvesting and processing ...

  18. Administrative prejudgment in the Russian criminal law

    Directory of Open Access Journals (Sweden)

    Akhat Akhnafovich Yunusov

    2015-03-01

    Full Text Available Objective basing on the research of formation and development of the administrative prejudgment in the Russian criminal law and comparativelegal analysis of this institution as well as the longterm experience in crime investigation to trace the problems and trends of administrative prejudgment and prove the necessity to introduce or to be more precise legalize the administrative prejudgment in the Russian criminal law. Methods the research is based on the general dialectic method of cognition comparative historical formaljuridical methods as well as special and privatelegal methods of research. Results analysis of the main problems and collisions of administrative prejudgment in the Russian criminal law the doctrine and the practice of implementation of this institution can become the basis for legalization of the administrative prejudgment in the Russian criminal law and implementing it for the crimes stipulated in the Special part of the Russian Criminal Code if they are of low or middle gravity and committed intentionally those most often occurred. The article studies the institution of the administrative prejudgment in the Russian criminal law since 1922 until present. Various researchersrsquo opinions are given for and against returning of this institution. Taking into account the criminological indicators the authors express their own opinion on legalization of the administrative prejudgment. Scientific novelty having abandoned the formal approach to the institution of the administrative prejudgment both in the Russian criminal law and in the foreign laws the authors believe that the criminal personality should be the central factor of the administrative prejudgment legalization. In this context the authors state the direct connection between the personal features of a criminal including their inclination to immoral and illegal behavior and the crime committed by them. Practical value the theoretical conclusions formulated in the research

  19. Non-sanctioning of illegal tackles in South African youth community rugby.

    Science.gov (United States)

    Brown, J C; Boucher, S J; Lambert, M; Viljoen, W; Readhead, C; Hendricks, S; Kraak, W J

    2017-10-23

    The tackle event in rugby union ('rugby') contributes to the majority of players' injuries. Referees can reduce this risk by sanctioning dangerous tackles. A study in elite adult rugby suggests that referees only sanction a minority of illegal tackles. The aim of this study was to assess if this finding was similar in youth community rugby. Observational study. Using EncodePro, 99 South African Rugby Union U18 Youth Week tournament matches were coded between 2011 and 2015. All tackles were coded by a researcher and an international referee to ensure that laws were interpreted correctly. The inter- and intra-rater reliabilities were 0.97-1.00. A regression analysis compared the non-sanctioned rates over time. In total, 12 216 tackles were coded, of which less than 1% (n=113) were 'illegal'. The majority of the 113 illegal tackles were front-on (75%), high tackles (72%) and occurred in the 2nd/4th quarters (29% each). Of the illegal tackles, only 59% were sanctioned. The proportions of illegal tackles and sanctioning of these illegal tackles to all tackles improved by 0.2% per year from 2011-2015 (prugby players, 59% of illegal tackles were not sanctioned appropriately. This was better than a previous study in elite adult rugby, where only 7% of illegal tackles were penalised. Moreover, the rates of illegal tackles and non-sanctioned illegal tackles both improved over time. However, it is critical that referees consistently enforce all laws to enhance injury prevention efforts. Further studies should investigate the reasons for non-sanctioning. Copyright © 2017 Sports Medicine Australia. Published by Elsevier Ltd. All rights reserved.

  20. 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…

  1. Legal basis of energy economy. Collection of important laws and regulations of the amended power economy law. 7. ed.; Rechtsgrundlagen der Energiewirtschaft. Sammlung wichtiger Gesetze und Vorschriften zum novellierten Energiewirtschaftsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Herrmann, B.J.; Schweers, E.

    2007-07-01

    The book under consideration is an actual collection of important laws and regulations according to the amended power economy law. It is the 7th edition and contains components of the European and national cartel law. Furthermore, the power economy law, the regulations of mains access, and the regulations of mains fee are revised editorial. The book consist of four main chapters: (a) General energy law; (b) Bylaws to energy economical laws; (c) Law of privileged energy supports; (d) cartel law.

  2. The legal response to illegal "hash clubs" in Denmark

    DEFF Research Database (Denmark)

    Asmussen, V.; Moesby-Johansen, C.

    2004-01-01

    Fra midten af 1990'erne er der skudt en række hashklubber op i Danmark. Overordnet er der to slags klubber: salgssteder og væresteder. De første klubber er udelukkende organiseret om salget af hash, mens de andre er klubber, hvor man både kan købe hashen og opholde sig på stedet for at deltage i ...

  3. [A fine line between legal and illegal oral drug repackaging].

    Science.gov (United States)

    Casanova, Heberto Arboleya; Sánchez, Héctor Marino Zavala; Fernández, Angélica María Hernández; Herrera, Dulce Janeth González

    2016-06-01

    In 2009, with the implementation of the National Hospital Pharmacy Model, Mexico began regulating single-dose drugs. The repackaging of oral drugs is fundamental and critical and should be standardized by Mexican health legislation to enable quality drugs to be dispensed. Data is required on stability, compatibility, drug interactions, containers, and repackaging methods, in order to establish a new expiration date. The literature on health regulations applicable to repackaging was analyzed, revealing major conceptual imprecisions since there is no legislation in Mexico that regulates repackaging; rather, everything is carried out according to pharmacists' recommendations and criteria. The conclusion is that the regulations need to be rewritten to establish minimum single-dose oral drug criteria for dispensing hospitals-regulations that cover infrastructure, equipment, and professionals complying with good practices in oral drug repackaging. A proposal is offered to implement an official Mexican standard that regulates single-dose repackaging and unifies concepts, criteria, and means of verification, while the pharmaceutical industry would be responsible for the technology and resources for single-dose drug packaging designed for the health sector.

  4. Behavioral Indicators of Legal and Illegal Gun Carrying

    Science.gov (United States)

    2015-05-01

    9 Adrenaline Shake...Awareness and Reaction to Threats Behavioral Indicators Scanning Threat Assessment Adrenaline Shake Involuntary Facial Cues Dissipatory Actions...personal communication, March 3, 2012). Often this behavior is seen in people who are well trained or extremely cautious. Adrenaline Shake The

  5. Law nº 13.344/2016 and the new techniques for the localization of human trafficking victims and suspects: effectiveness, legality and constitutional adequacy

    Directory of Open Access Journals (Sweden)

    Cleopas Isaías Santos

    2017-06-01

    Full Text Available The Law no. 13.344/2016 brought important repercussions to the Brazilian criminal investigation, among which the most significant one was the possibility of police authorities requesting from telephone companies the necessary technical means to locate victims and/or suspects of human trafficking. This localization is made through the identification of mobile devices, like cell phones. This article aims to answer the following issue: are the available and commonly used technical means effective in the localization of human trafficking victims and suspects? For this purpose, it is assumed that the technical means typically used in this process are not effective. In light of this, it is suggested the use of the GPS tool, which technically does not qualify as a "signal" and presumes the license of data network with financial costs. Therefore, it is analyzed who must bear said costs - the State, the companies or the consumers, as well as the legality and constitutionality of the use of this technique. The subject will be approached mostly through the deductive method.

  6. Analysis of methanol and its derivatives in illegally produced alcoholic beverages.

    Science.gov (United States)

    Arslan, M Mustafa; Zeren, Cem; Aydin, Zeki; Akcan, Ramazan; Dokuyucu, Recep; Keten, Alper; Cekin, Necmi

    2015-07-01

    Illegal alcohol production remains as a common issue worldwide. Methanol poisoning mostly occurs because of the methanol used in production of counterfeit alcohol instead of ethyl alcohol due to its low price or by drinking the liquids containing methyl alcohol. Pectolytic enzymes results in an increase of methanol levels in many fermentation products such as ciders or wines. Methanol poisonings are infrequently encountered in forensic medicine practice. However, sporadic cases due to methanol intoxication as well as epidemic cases have been reported. In this study, we aimed to identify existence of methanol and its metabolites in illegally produced alcoholic beverages used in Antakya region. Twelve legally produced alcohol samples and Fifty-six different illegally produced alcohol samples were collected from the markets and local producers. Existence of methanol, formic acid, methyl amine, methyl formate and trioxan were determined using GC-MS method in these samples. Fifty-six different illegal alcohol samples were analyzed in this study and methanol was detected in 39 (75%) of samples. Formic acid was detected in 3, formamide in 1, methyl amine in 6, methyl formate in 10 and trioxan in 2 samples. Overwhelming majority of illegal alcoholic beverages was detected to contain methanol. Interestingly this study also revealed the presence of trioxane, which has not previously reported among toxic agents in illegal alcohol samples. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  7. 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,

  8. An experiment about drugs legalization and the investor behavior

    OpenAIRE

    Garcia Rojas, Karen Andrea

    2017-01-01

    The illegal drugs market is one of the main issues in the political agenda in Colombia. Literature has focused on legalization in consumption (demand) but studies about legalization of production (supply) are scarce. Taking into account that Colombia is a country leading in drugs production but not drugs consumption in the world, it is relevant to understand illegal drugs supply. The elements that influence decisions about drugs production and the investor behavior under certain incentives ha...

  9. [Legal and technical issues of formalin disposition in association with autopsy].

    Science.gov (United States)

    Nakajima, M; Yoshida, K

    2001-07-01

    The Ministry of Public Welfare notified on the disposition of formalin, which was used in the histological examination in association with forensic or pathological autopsy. However, those who concerned on the issue had not known exactly how they dispose formalin. The news on the illegal disposition of formalin from our department drew attention to the legal disposition of formalin. These situations led us to investigate the legal and technical aspects of formalin disposition. We examined the legally-described methods such as oxidation, incineration and activated sludge processes and other methods such as formose, supercritical water oxidation, and wet oxidation processes. From legal point of view, we must process poisonous formaldehyde into non-poisonous products under the control of The Poisonous and Peleterious? Substances Control Law. Additionally, the products are under the control of The Sewage Water Law and Water Pollution Control Law, particularly in terms of Biological Oxygen Demand (BOD). After careful investigation, we tentatively conclude that incineration method is the best at present, though the supercritical oxidation and wet oxidation processes may be better in order to cope with the worldwide movement toward the control of environmental hormones and warm climate.

  10. Addictive illegal drugs: structural neuroimaging.

    Science.gov (United States)

    Geibprasert, S; Gallucci, M; Krings, T

    2010-05-01

    Illegal addictive drugs can lead to functional or structural impairment of the central nervous system. This review provides an overview of the structural imaging findings on CT, MR imaging, and conventional angiography related to chronic and acute abuse of the most commonly abused illegal drugs, including cannabis, organic solvents, and amphetamines and opioids and their respective derivatives. Pathomechanisms include excitotoxicity, which may lead to an acute or subacute leukoencephalopathy, and vascular complications, including vasoconstriction, vasculitis, or hypertension, which may lead to intracranial hemorrhage or ischemia. Because clinical findings alone are often nonspecific, and afflicted patients are unlikely to admit to the substance abuse, the neuroradiologist may play an important role in establishing the diagnosis and, thereby, initiating treatment.

  11. Illegal immigration: a supply side analysis.

    Science.gov (United States)

    Bandyopadhyay, S; Bandyopadhyay, S C

    1998-12-01

    "This paper analyzes the supply-side determinants of illegal immigration using a three-sector general equilibrium model of the source country. Agricultural liberalization raises illegal immigration while liberalization of the high tech sector reduces it. In contrast, capital mobility in the source country renders trade policy ineffective for controlling illegal immigration. Paradoxically, increased enforcement (by the host country) may raise source country unskilled wages, although illegal immigration falls. Finally, under capital mobility, a rise in the source country restrictions on capital inflow raises the level of illegal immigration and reduces the effectiveness of border enforcement efforts by the host country." excerpt

  12. 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.

  13. 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…

  14. Pet snakes illegally marketed in Brazil: Climatic viability and establishment risk

    OpenAIRE

    Fonseca, ?rica; Sol?, Mirco; R?dder, Dennis; de Marco, Paulo

    2017-01-01

    Invasive species are one among many threats to biodiversity. Brazil has been spared, generically, of several destructive invasive species. Reports of invasive snakes' populations are nonexistent, but the illegal pet trade might change this scenario. Despite the Brazilian laws forbid to import most animals, illegal trade is frequently observed and propagules are found in the wild. The high species richness within Brazilian biomes and accelerated fragmentation of natural reserves are a critical...

  15. Illegal dumping and crime prevention: A case study of Ash Road, Liverpool Council

    OpenAIRE

    Crofts, Penny; Morris, Tara; Wells, Kim; Powell, Alicia

    2010-01-01

    Illegal waste disposal is an increasingly significant and costly problem. This paper considers a specific hot-spot for illegal dumping in Sydney, Australia from criminological perspectives. We contribute to the developing criminological literature that considers environmental harms as a crime. This draws upon the symbolic aspect of criminal law, contributing to the notion of environmental harms as wrongs worthy of sanction, and facilitates analysis through the prism of criminological literatu...

  16. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  17. Venezuela: illegal immigration from Colombia.

    Science.gov (United States)

    Pellegrino, A

    1984-01-01

    The influx of illegal Colombian immigrants into Venezuela is studied using data from a variety of sources, including the 1971 census and several studies conducted in 1979-1980. The author examines the origins and destinations of migrants; age, sex, educational status, and occupational data; reasons for migration; and geographic distribution of the migrating population. Tables from Venezuela's General Foreign-Born Register of December 1980 are presented in an appendix.

  18. Legal aspects of counteracting the trafficking of falsified medicines in the european union.

    Science.gov (United States)

    Pashkov, Vitalii; Soloviov, Aleksey; Olefir, Andrii

    The paper identifies key risks associated with the illegal production and sale of medicines. Also there were generalized features of criminal responsibility for acts related to the trafficking of drugs in some Member States of the EU and analyzed legal means of combating the falsified drugs today. The problem concerning falsification of medicines is particularly acute not only in developing countries but also in developed ones. Fake is one in ten - twenty drug. The largest share of falsified drugs comes from the so-called «Asian tigers», already from which they come to the EU market. In this publication authors have set following objectives: - to determine the risks associated with illegal production and sale of medicines; - organize legal means of combating the falsified medicines in the EU member states; - clarify features of criminal responsibility for acts related to the trafficking of drugs in the EU countries. The article bases on the works of scholars and experts, statistical information and other sources. Particular attention is paid to the analysis of regulations of the EU institutions and national criminal laws. So, provisions of the criminal codes of 10 EU member states were taken into account. There is a system of legal measures which counter the circulation of falsified medicines in the EU and consists of general and specific regulatory requirements, mainly of economic and legal nature. The most important role among the last play package labeling requirements for drugs and license conditions. In the article were discussed factors that stimulate the production and sale of falsified drugs and the risks associated with these. Demarcated the concept of «falsified medicinal product», «counterfeit drug», «substandard drug». Although there are guidelines for patients to identify falsified drugs, still a major role in this process should play public authorities and enterprises. In all the countries illegal circulation of falsified drugs is prohibited

  19. Escape from Socialist Yugoslavia ‒ Illegal Emigration from Croatia from 1945 to the Beginning of the 1960s

    Directory of Open Access Journals (Sweden)

    Tatjana Šarić

    2015-08-01

    Full Text Available In the post-war socialist Yugoslavia political and/or economic situation has become unacceptable for part of the population. Since legal emigration from Croatia was not allowed, the number of illegal immigrants increased since the end of World War II. The article deals with this group of migrants using the comparative analysis of original archival materials and available literature in the period from 1945 to 1961 when the state began to gradually open the border. Mostly young people, under 25 years of age, immigrated illegally, mainly for economic reasons, and this was associated with a tradition of emigration, especially in the coastal region. In addition to the poor economic situation, people also emigrated for political reasons, then for adventure, to avoid serving in the Yugoslav People’s Army or to escape from the law for committing criminal offenses. They were fleeing by land or by sea, which was much more successful. Usually the first destinations of the immigrants were Italy, Austria and Germany, from where the majority of them moved to overseas countries. Most people fled the districts of Rijeka, Pula, Zagreb, Zadar, Šibenik and Split that existed at that time so that 74% of all illegal immigrants came from them. The runaways were mostly workers, followed by farmers, vocational school students, public servants, pupils and students, sailors and craftsmen. According to gender, there were many more men than women among the runaways, most of whom were unmarried. The authorities were trying to prevent the escape abroad by methods of controlling the border and prison sentences, but also by the attempts to ensure better living conditions in the affected areas. As these measures had not yielded the desired results, but also due to the beginning of the economic crisis and the appearance of unemployment, the authorities liberalized emigration procedures and opened the borders to immigrants which resulted in a new wave of economic emigration.

  20. The net national costs of illegal immigration into the United States.

    Science.gov (United States)

    Huddle, D L

    1995-04-01

    "This article examines the major economic pros and cons of illegal immigration and answers the question: what, if any, are the public and private costs of illegal immigration in the United States? In brief, the article finds that between four and 5.4 million illegal immigrants reside here.... The article also finds that illegal immigrants and their own citizen children cost taxpayers an additional $12 to $16.2 billion annually for education, public services, and incarceration after deducting all local, state, and federal taxes paid in by them. In the private sector, illegal aliens are found to save their employers and owners of capital about $1.5 billion more than U.S. workers lose due to wage depression. The article also considers what legal and enforcement reforms would be necessary to dramatically slow the current flow of 300,000 illegals yearly and concludes that, although improvements in the system are now being proposed, the actual reforms will be insufficient to more than stem the currently rising tide of illegals due to economic instability in Mexico and the Third World." excerpt

  1. Ensuring freedoms and protecting rights in the governance of the Internet : a comparative analysis of blocking measures and Internet Providers’ Removal of Illegal Internet Content

    NARCIS (Netherlands)

    Parti, K.; Marin, Luisa

    2013-01-01

    Removing illegal or harmful material from the internet has been pursued for more than two decades. The advent of Web 2.0, with the prominent increase and diffusion of user-generated content, amplifies the necessity for technical and legal frameworks enabling the removal of illegal material from the

  2. Silence of the Innocents: Illegal Immigrants' Underreporting of Crime and their Victimization

    OpenAIRE

    Comino, Stefano; Mastrobuoni, Giovanni; Nicolò, Antonio

    2016-01-01

    We analyze the consequences of illegally residing in a country on the likelihood of reporting a crime to the police and, as a consequence, on the likelihood to become victims of a crime. We use an immigration amnesty to address two issues when dealing with the legal status of immigrants: it is both endogenous as well as mostly unobserved in surveys. Right after the 1986 US Immigration Reform and Control Act, which disproportionately legalized individuals of Hispanic origin, crime victims of H...

  3. Arvustus : Lauri Mälksoo. Illegal Annexation and State Continuity : The Case of the Incorporation of the Baltic States by the USSR. Study of the Tension between Normativity and Power in International Law. London, Boston : Martinus Nijhoff Publishers

    Index Scriptorium Estoniae

    Riismandel, Väino, 1920-2017

    2005-01-01

    V. J. Riismandeli ülevaade Tartu Ülikooli õigusteaduskonna rahvusvahelise õiguse dotsendi Lauri Mälksoo tööst, mida viimane kaitses väitekirjana doctor iuris'e kraadi saamiseks Berliini Humboldti ülikoolis. Väino J. Riismandel Mag. iur. (Tartu Ülikool); M.C.L., LL.M. (George Washington Law School) District of Columbia advokatuuri liige, USA endine föderaalhalduskohtu kohtunik ja endine mereväeminsteeriumi juriskonsult

  4. Innovative Use of the Law to Address Complex Global Health Problems; Comment on “The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?”

    Directory of Open Access Journals (Sweden)

    Helen L. Walls

    2017-12-01

    Full Text Available Addressing the increasingly globalised determinants of many important problems affecting human health is a complex task requiring collective action. We suggest that part of the solution to addressing intractable global health issues indeed lies with the role of new legal instruments in the form of globally binding treaties, as described in the recent article of Nikogosian and Kickbusch. However, in addition to the use of international law to develop new treaties, another part of the solution may lie in innovative use of existing legal instruments. A 2015 court ruling in The Hague, which ordered the Dutch government to cut greenhouse gas emissions by at least 25% within five years, complements this perspective, suggesting a way forward for addressing global health problems that critically involves civil society and innovative use of existing domestic legal instruments.

  5. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

    Science.gov (United States)

    Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

    2016-01-01

    The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  6. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

    Directory of Open Access Journals (Sweden)

    Heather eMann

    2016-02-01

    Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  7. Legal Assistance Preventive Law Series

    Science.gov (United States)

    1994-06-01

    Services Division, North Carolina Department of Human Resources, 325 North Salisbury Street, Raleigh, North Carolina 27611. (Also, request Information...pocketbook. Some models are designed for those whose budget limits them to a lower-cost home. Other models have such higher-priced features as cathedral

  8. Illegal use of natural resources in federal protected areas of the Brazilian Amazon

    Directory of Open Access Journals (Sweden)

    Érico E. Kauano

    2017-10-01

    Full Text Available Background The Brazilian Amazon is the world’s largest rainforest regions and plays a key role in biodiversity conservation as well as climate adaptation and mitigation. The government has created a network of protected areas (PAs to ensure long-term conservation of the region. However, despite the importance of and positive advances in the establishment of PAs, natural resource depletion in the Brazilian Amazon is pervasive. Methods We evaluated a total of 4,243 official law enforcement records generated between 2010 and 2015 to understand the geographical distribution of the illegal use of resources in federal PAs in the Brazilian Amazon. We classified illegal activities into ten categories and used generalized additive models (GAMs to evaluate the relationship between illegal use of natural resources inside PAs with management type, age of PAs, population density, and accessibility. Results We found 27 types of illegal use of natural resources that were grouped into 10 categories of illegal activities. Most infractions were related to suppression and degradation of vegetation (37.40%, followed by illegal fishing (27.30% and hunting activities (18.20%. The explanatory power of the GAMs was low for all categories of illegal activity, with a maximum explained variation of 41.2% for illegal activities as a whole, and a minimum of 14.6% for hunting activities. Discussion These findings demonstrate that even though PAs are fundamental for nature conservation in the Brazilian Amazon, the pressures and threats posed by human activities include a broad range of illegal uses of natural resources. Population density up to 50 km from a PA is a key variable, influencing illegal activities. These threats endanger long-term conservation and many efforts are still needed to maintain PAs that are large enough and sufficiently intact to maintain ecosystem functions and protect biodiversity.

  9. Illegal use of natural resources in federal protected areas of the Brazilian Amazon.

    Science.gov (United States)

    Kauano, Érico E; Silva, Jose M C; Michalski, Fernanda

    2017-01-01

    The Brazilian Amazon is the world's largest rainforest regions and plays a key role in biodiversity conservation as well as climate adaptation and mitigation. The government has created a network of protected areas (PAs) to ensure long-term conservation of the region. However, despite the importance of and positive advances in the establishment of PAs, natural resource depletion in the Brazilian Amazon is pervasive. We evaluated a total of 4,243 official law enforcement records generated between 2010 and 2015 to understand the geographical distribution of the illegal use of resources in federal PAs in the Brazilian Amazon. We classified illegal activities into ten categories and used generalized additive models (GAMs) to evaluate the relationship between illegal use of natural resources inside PAs with management type, age of PAs, population density, and accessibility. We found 27 types of illegal use of natural resources that were grouped into 10 categories of illegal activities. Most infractions were related to suppression and degradation of vegetation (37.40%), followed by illegal fishing (27.30%) and hunting activities (18.20%). The explanatory power of the GAMs was low for all categories of illegal activity, with a maximum explained variation of 41.2% for illegal activities as a whole, and a minimum of 14.6% for hunting activities. These findings demonstrate that even though PAs are fundamental for nature conservation in the Brazilian Amazon, the pressures and threats posed by human activities include a broad range of illegal uses of natural resources. Population density up to 50 km from a PA is a key variable, influencing illegal activities. These threats endanger long-term conservation and many efforts are still needed to maintain PAs that are large enough and sufficiently intact to maintain ecosystem functions and protect biodiversity.

  10. Women in Indian Courts of Law: A Study of Women Legal Professionals in the District Court of Lucknow, Uttar Pradesh, India

    OpenAIRE

    Mishra, Saurabh Kumar

    2016-01-01

    Men have traditionally dominated legal profession in India. Women’s entry could be possible only after long and protracted legal battles, and even then, their presence in the courts remained insignificant until the end of the twentieth century. However, the policy of globalisation in the twenty-first century has provided additional opportunities to Indian women in legal education and training. The invasion of modernity has not only moderated the court environment but has also put an end to th...

  11. E2 = Energy concept x final storage [+ the law?

    International Nuclear Information System (INIS)

    Schneider, Horst

    2010-01-01

    The world is changing all the time, opinions and evaluations assume new shapes. It is the function of the law to ensure reliability and confidence by its very continuity. However, it is not only the revisions of the law which are subject to the zeitgeist; also the interpretations and applications of the law are not exempt from current trends of thought. The coalition agreement signed by the CDU/CSU and FDP parties on October 26, 2009 announced an energy concept encompassing life extension of nuclear power plants and a continued exploration of the Gorleben salt dome as a repository for high-level waste producting heat. The Deutsche Umwelthilfe (DUH) tries to prove in a legal opinion that an extension of nuclear power plant life was illegal and unconstitutional because the problem of the back end of the fuel cycle was not likely to be solved in a foreseeable time. Continuing exploration of the Gorleben salt dome is based on mining law. The agency responsible for filing an application under the German Atomic Energy Act is the Federal Office for Radiation Protection (BfS). In Germany, the final storage issue has always been an area of violent political debate. Given the strategic purpose of the DUH legal opinion as a tool furthering opt-out of the use of nuclear power, several points are presented and discussed in this article which were overlooked in that opinion. The equation, 'energy concept x final storage =..?', seems to be open today. The law can support results. Existing legal regulations especially about the nuclear power sector must be used as starting points for new ideas: The existence of legal norms is to ensure reliability and confidence. Consequently, changes in the law must be prepared very thoroughly and weighed comprehensively. In current thinking, after all, transparency is part of political action, especially so in defining and implementing goals in topics such as the energy concept and final storage. Yet, unnecessary delays would not be justified

  12. 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...

  13. Comparative law as method and the method of comparative law

    NARCIS (Netherlands)

    Hage, J.C.; Adams, M.; Heirbaut, D.

    2014-01-01

    This article addresses both the justificatory role of comparative law within legal research (comparative law as method) and the method of comparative law itself. In this connection two questions will be answered: 1. Is comparative law a method, or a set of methods, for legal research? 2. Does

  14. 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...

  15. Washington State recreational marijuana legalization: parent and adolescent perceptions, knowledge, and discussions in a sample of low-income families.

    Science.gov (United States)

    Mason, W A; Hanson, Koren; Fleming, Charles B; Ringle, Jay L; Haggerty, Kevin P

    2015-04-01

    In November 2012, Washington State and Colorado became the first states in the United States to legalize recreational marijuana use for adults, and Uruguay became the first country to allow the cultivation, distribution, possession, and use of marijuana. One possible consequence of these changes is increased adolescent marijuana use. Parents may mitigate this adverse consequence; however, whether parents and adolescents have accurate knowledge about the laws and are discussing marijuana use in light of the law changes is unknown. We examine perceptions, knowledge, and parent-child discussions about Washington State's recreational marijuana law in a sample of low-income families. Participants were a subset of families (n = 115) in an ongoing study that originally recruited parents and adolescents from middle schools in Tacoma, Washington. In summer 2013, when students were entering the 11(th) grade, students and their parents were asked questions about the recreational marijuana law. Participants perceived that their marijuana-related attitudes and behaviors changed little as a result of the law, and displayed uncertainty about what is legal and illegal. Most parents reported discussing the new law with their children but only occasionally, and conversations emphasized household rules, particularly among parent lifetime marijuana users compared to non-users. Conclusions/Importance: Results suggest that there should be a public health campaign focused on families that provides clear information about the recreational marijuana laws.

  16. Identifying and analyzing digital payment flows regarding illegal purposes on the Internet : I samarbete med CGI och Finanskoalitionen

    OpenAIRE

    Berggren, Caroline; Asplund, Jesper

    2016-01-01

    The aim of this study was to illustrate an unexplored illegal exploitation of legal businesses, with the purpose of limiting this market and especially the related transactions. The issue of transactions regarding illegal material executed with credit cards was solved through involving the companies who issues the credit cards, making the market more transparent and thus preventing this kind of transactions. The thesis will illustrate how cryptocurrencies, such as Bitcoin, are being exploited...

  17. Three models of labor conflict in chile: the weight of the economy, trade union organization, and work regime in illegal strike tendencies

    Directory of Open Access Journals (Sweden)

    Rodrigo Medel Sierralta

    2017-07-01

    Full Text Available From the return to democracy to the present, illegal strikes have acquired a prominent role in Chile’s labor conflicts, mainly due to the fact that many more workers mobilize, compared to those who participate in legal strikes. Nevertheless, existing studies on the subject focus on descriptions and general tendencies, thus neglecting the in-depth analysis of the factors determining the specific occurrence of the extralegal strikes. Consequently, the factors that might be contributing to the possibility of illegal strikes remain unknown. If labor strikes are construed as analytical events that are fundamental in order to understand power relations in capitalist enterprises, the review of the international literature on the subject helps us solve that problem, since it proposes statistical analysis models to study the economy at the national level (economic cycles, trade union organization (membership and size of unions, and work regime (fragmentation and job insecurity, as well as a further company-level analysis of the last two models. On the basis of statistics regarding the strikes that took place in Chile between 1990 and 2015 and a binary logistic regression analysis, we analyzed the weight of each one of those statistical models separately and that of all of them taken together, in the private sector of the economy (in which it is possible to opt for one or the other strike modality in the Chilean case. The results show that the trade union organization and the work regime models have a greater power to determine illegal strikes, and that the economic model loses meaning when its variables are included in the complete model. Finally, the article presents the conclusions regarding the relevance of the distinction between legal and illegal strikes for the Chilean case, in terms of workers that not only represent subjects without rights, but also actors with a certain autonomy regarding legality. In this sense, these

  18. A Labor Law Perspective on the Protection of Persons in a Vulnerable Employment Relationship in South Africa

    Directory of Open Access Journals (Sweden)

    Denine Maria Smit

    2014-05-01

    Full Text Available Abstract Against the backdrop of South Africa’s immense cultural diversity and famously liberal Constitution, the country’s statutes, common law and standing legal practice are continuously being challenged and reshaped. One such instance pertains to the issue of illegal contracts of employment and the legal position of those employed in terms of them. The infamous South African Kylie and Discovery Health court cases have opened the door to much speculation, confusion and debate in this regard, as they have allowed for the possibility that persons employed under an illegal employment contract may claim labor law protection and recognition. This is largely subject to such persons being labeled ‘vulnerable’ in their employment relationship, with the possibility of their human rights being adversely affected. However, as no formal guidelines have yet been established as to what constitutes ‘vulnerability’, a lacuna has been created in the South African legal system. This article examines how South African labor law has changed over time in respect of vulnerable employment relationships, highlights important precedents set along the way, while brief reference is also made to employment vulnerability in other jurisdictions to enable comparison. It is eventually concluded that the current lacuna may be resolved in three possible ways. Firstly, to enable greater uniformity in deciding disputes relating to illegal contracts of employment and vulnerable illegal employment relationships, these matters may be diverted from the country’s Council for Conciliation, Mediation and Arbitration (CCMA to a to-be-established, separate forum, which can take the form of a tribunal or a specialized court. Secondly, to provide greater legal certainty, the legislature may wish to lay down certain guidelines and rules upon which such specialized tribunal or court should adjudicate these matters. Finally, it is proposed that the statutory definitions of who

  19. Illegal Passive Smoking at Work

    Directory of Open Access Journals (Sweden)

    François-Xavier Lesage

    2011-01-01

    Results. Ninety-five percent of a total group of 172 OP of Champagne county filled the postal questionnaire. More than 80% of OP's replies identified illegal PSW. The average prevalence of PSW exposure was 0.7% of the total working population. Environmental tobacco smoke (ETS levels were considered between low and medium for most passive smokers (71%. Main features exposure to ETS at work for non-smokers was associated with female gender (69.5%, age between 40 and 49 years (41.2% and belonging to tertiary sector (75.6%. Environmental tobacco smoke exposures at work was firstly in the office for 49.7% of the subjects and secondly in the restroom for 18% of them. Main medical symptoms encountered by non-smokers were respiratory tractus irritation (81.7%. Eighty-three percent of OPs indicated solution to eradicate PSW. Illegal PSW is really weaker than fifteen years ago. However, the findings support a real ban on smoking in the workplace in order to protect all workers.

  20. 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...