WorldWideScience

Sample records for legal institutional analysis

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

    Science.gov (United States)

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

    2017-06-01

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

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

    Science.gov (United States)

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

    2017-01-01

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

  3. Legal and Institutional Foundations of Adaptive Environmental ...

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship. Adaptation typically emerges organically among m

  4. Growth, financial development, societal norms and legal institutions

    NARCIS (Netherlands)

    Garretsen, Harry; Lensink, Robert; Sterken, Elmer

    2002-01-01

    This paper analyses whether societal norms help to explain cross-country differences in financial development. We analyze whether societal norms in addition to legal institutions have an impact on financial development. We address the implications of the inclusion of societal norms for the analysis

  5. 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...

  6. Case study analysis of the legal and institutional obstacles and incentives to the development of the hydroelectric power at the Maxwell locks and dam, Pennsylvania

    Energy Technology Data Exchange (ETDEWEB)

    None,

    1980-05-01

    The legal, institutional and financial obstacles, and incentives to the development of hydroelectric power at the Maxwell locks and dam on the Monongahela River are analyzed. The study is one of five studies prepared by the Energy Law Institute pursuant to a contract with the National Conference of State Legislators. Each of the five studies views dam development by a different category of developer. These categories include a municipality, a public utility, a state, a private developer, and a cooperative. The Maxwell case study concerns potential development by Allegheny Electric Cooperative. Thus, the analysis of obstacles and incentives is focused on those factors which have particular impact on a cooperative. Subjects covered include a description of the site; developer description; the feasibility study; the economic feasibility; financing; Federal licensing by FERC; state licensing; local interest and requirements; the effect of locks and dam operation by the Army Corp of Engineers; and power marketing.

  7. Legal, regulatory & institutional issues facing distributed resources development

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-10-01

    This report describes legal, regulatory, and institutional considerations likely to shape the development and deployment of distributed resources. It is based on research co-sponsored by the National Renewable Energy Laboratory (NREL) and four investor-owned utilities (Central & South West Services, Cinergy Corp., Florida Power Corporation, and San Diego Gas & Electric Company). The research was performed between August 1995 and March 1996 by a team of four consulting firms experienced in energy and utility law, regulation, and economics. It is the survey phase of a project known as the Distributed Resources Institutional Analysis Project.

  8. Case study analysis of legal and institutional obstacles and incentives to the development of the hydroelectric potential at Goose River, Maine

    Energy Technology Data Exchange (ETDEWEB)

    None,

    1980-05-01

    The case study is an analysis of the legal, institutional, and financial incentives and obstacles to the development of the hydroelectric potential on the Goose River in Maine. The Goose River project concerns development by a private developer, Maine Hydro-Electric Development Corporation. The project is comprised of a five-dam system, with the first dam located at Swan Lake and the fifth dam about one mile from the sea. It will utilize the 7500 acre-feet of storage capacity of Swan Lake to run the four downstream power stations. The system is designed to generate 430 kWs of total capacity which would be sold to Central Maine Power, the local investor-owned public utility.

  9. Legal and Institutional Foundations of Adaptive Environmental Governance

    Science.gov (United States)

    Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frame...

  10. A Legal Institutional Perspective on the European External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2011-01-01

    This article provides a legal perspective on the new European External Action Service (EEAS), and positions this new body in the reshuffled institutional balance of EU external relations. Towards that end, the paper examines the EEAS’ legal nature as compared to that of Council, Commission...... the EEAS be drawn into proceedings before the Court of Justice? In answering those questions, this article then examines to which extent the legal-institutional choices on the structure of the EU External Action Service reflects the age-old tension entrenched in EU external relations law: the EU’s nature...

  11. Strengthening the EU Legal and Institutional Framework to Combat Transnational Financial Crimes

    DEFF Research Database (Denmark)

    Marchuk, Iryna

    The report examines the development of adequate legal tools and practices to combat transnational financial crimes such as money laundering, terrorism financing, corruption, transnational financial fraud, and investigates measures directed at strengthening the overall legal and institutional...... framework in the area of transnational financial crimes at the regional (EU) and domestic levels. The research project involves the legal analysis of the legislation, jurisprudence and best practices of two selected jurisdictions, in particular the United Kingdom and Denmark....

  12. A Legal Institutional Perspective on the European External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2011-01-01

    , their support services and EU agencies, and seeks to define the EEAS’ sui generis status in the EU institutional set-up: What are the implications of its absence of legal personality, what does its ‘functional autonomy’ from the Council and Commission imply, what are its formal powers – if any, and could...

  13. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

    Full Text Available Legal and institutional structures fundamentally shape opportunities for adaptive governance of environmental resources at multiple ecological and societal scales. Properties of adaptive governance are widely studied. However, these studies have not resulted in consolidated frameworks for legal and institutional design, limiting our ability to promote adaptation and social-ecological resilience. We develop an overarching framework that describes the current and potential role of law in enabling adaptation. We apply this framework to different social-ecological settings, centers of activity, and scales, illustrating the multidimensional and polycentric nature of water governance. Adaptation typically emerges organically among multiple centers of agency and authority in society as a relatively self-organized or autonomous process marked by innovation, social learning, and political deliberation. This self-directed and emergent process is difficult to create in an exogenous, top-down fashion. However, traditional centers of authority may establish enabling conditions for adaptation using a suite of legal, economic, and democratic tools to legitimize and facilitate self-organization, coordination, and collaboration across scales. The principles outlined here provide preliminary legal and institutional foundations for adaptive environmental governance, which may inform institutional design and guide future scholarship.

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

    Science.gov (United States)

    Hyman, A

    1996-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

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

  16. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

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

  17. Smart design rules for smart grids : analysing local smart grid development through an empirico-legal institutional lens

    NARCIS (Netherlands)

    Lammers, Imke; Heldeweg, Michiel A.

    2016-01-01

    Background: This article entails an innovative approach to smart grid technology implementation, as it connects governance research with legal analysis. We apply the empirico-legal ‘ILTIAD framework’, which combines Elinor Ostrom’s Institutional Analysis and Development (IAD) framework with

  18. Member States and International Legal Responsibility : Developments of the Institutional Veil

    NARCIS (Netherlands)

    Brölmann, C.

    2015-01-01

    The ‘institutional veil’ of international organizations is the linchpin for legal analysis and appraisal of the role and interrelation of international organizations, member States and organs. Through this lens the article examines in semi-broad strokes the position of international organizations’

  19. Proposed REDD+ project for the Sundarbans: Legal and institutional issues

    Directory of Open Access Journals (Sweden)

    Saiful Karim

    2013-07-01

    Full Text Available Sundarbans, a Ramsar and World Heritage site, is the largest single block of tidal halophytic mangrove forest in the world covering parts of Bangladesh and India. Natural mangroves were very common along the entire coast of Bangladesh. However, all other natural mangrove forests, including the Chakaria Sundarbans with 21,000 hectares of mangrove, have been cleared for shrimp cultivation. Against this backdrop, the Forest Department of Bangladesh has developed project design documents for a project called ‘Collaborative REDD+ Improved Forest Management (IFM Sundarbans Project’ (CRISP to save the only remaining natural mangrove forest of the country. This project, involving conservation of 412,000 ha of natural mangrove forests, is expected to generate, over a 30-year period, a total emissions reduction of about 6.4 million tons of CO2. However, the successful implementation of this project involves a number of critical legal and institutional issues. It may involve complex legal issues such as forest ownership, forest use rights, rights of local people and carbon rights. It may also involve institutional reforms. Ensuring good governance of the proposed project is very vital considering the failure of the Asian Development Bank (ADB funded and Bangladesh Forest Department managed ‘Sundarbans Biodiversity Conservation Project’. Considering this previous experience, this paper suggests that a comprehensive legal and institutional review and reform is needed for the successful implementation of the proposed CRISP project. This paper argues that without ensuring local people’s rights and their participation, no project can be successful in the Sundarbans. Moreover, corruption of local and international officials may be a serious hurdle in the successful implementation of the project.

  20. Trust in Legal Institutions: an Empirical Approach from a Social Capital Perspective

    Directory of Open Access Journals (Sweden)

    Mariana Zuleta Ferrari

    2016-12-01

    Full Text Available Over the last decades, there is a growing public perception that some of the democratic institutions and frameworks, which were once taken for granted, are now showing their flaws, inefficiencies, increasingly struggling to keep up with society’s demands and expectations. This has led to a generalized feeling of uncertainty and disappointment, resulting in a lack of trust institutions. The implications of these circumstances on legal theory cannot be overlooked; this article aims to address the problem from an innovative perspective. A unique tool is presented in this article, which proposes a methodological agenda for approaching trust in legal institutions, from the perspective of the social capital theory. To this end, different variables and social capital dynamics will be identified and discussed in relation to trust in legal institutions. The aim is to, on one hand, provide an innovative methodological contribution to better understand the trust crisis, and in particular, the public perception towards legal institutions, and on the other, expand the analysis of social capital dimensions. Durante las últimas décadas, ha sido posible observar una creciente percepción general de que instituciones y estructuras democráticas que años atrás eran dadas por sentadas, presentan, hoy en día, fallas e ineficiencias que dificultan su capacidad de acompañar las demandas y expectativas de la sociedad. Ello ha llevado a un estado generalizado de incertidumbre y decepción, que resulta en la falta de confianza en las instituciones. Las implicancias de estas circumstancias para la teoría legal no pueden ser subestimadas. Este artículo aborda el problema desde una pespectiva innovadora. Presenta una herramienta única que propone una agenda metodológica para aproximarse a la temática de la confianza en las instituciones legales, desde la perspectiva de la teoría del capital social. A este fin, distintas variables y dinámicas del capital

  1. Capacity of the legal framework of public health institutions in Mexico to support their functional integration

    Directory of Open Access Journals (Sweden)

    Ignacio Ibarra

    2013-05-01

    Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

  2. 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…

  3. Development of stock markets, societal norms and legal institutions

    NARCIS (Netherlands)

    Garretsen, Harry; Lensink, Robert; Sterken, Elmer

    2000-01-01

    We explain the development of stock markets by both legal and societal determinants and analyze the relevance of both determinants in the Levine-Zervos (1998) cross-sectional growth regressions. We argue that the legal indicators as developed by La Porta, Lopez-de-Silanes, Shleifer and Vishny (1998)

  4. Analysis of the Constitutional and Legal Relations of the Romanian Ombudsman Institution with the other Public and Non-Governmental National Authorities

    Directory of Open Access Journals (Sweden)

    Mădălina Cocosatu

    2012-12-01

    Full Text Available Objectives: In the democratic states, the assertion and respect of the fundamental rights of the citizens represent an essential characteristic, both at the national, and at the international level. In this paper, we shall analyze the relations that are established with the Parliament, the executive power, the judicial power, the Constitutional Court and the non-governmental organizations. These relations are of collaboration, control or information, depending on the activity performed by the respective institution or structure. Prior work: I’ve tried to find and debate hermeneutical new regulations and doctrinal opinions in this domain very important for those who practice Administrative law and Constitutional law. Results: In European Union and Member States, the enforcement decisions of Ombudsman is viewed with great interest, being considered an important public authority. Value: We believe that the role of ombudsman is accentuated by the importance given to it by the public authorities, but also by the degree of the institution’s reception by the public opinion. In this sense, the relations between Ombudsman and the non-governmental organizations are of collaboration, focused, mainly, on two directions: in the field of preventing possible breaches of the citizens’ rights and liberties and in the field of the actual protection of the rights breached.

  5. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    Energy Technology Data Exchange (ETDEWEB)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

  6. Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

    International Nuclear Information System (INIS)

    Lippek, H.E.; Schuller, C.R.

    1979-03-01

    A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

  7. Parole: Legal and penological analysis

    Directory of Open Access Journals (Sweden)

    Ignjatović Đorđe

    2016-01-01

    Full Text Available This paper firstly points out to historical and comparative state of parole in American and European law, which is an introduction into analysis of transformation in its regulation in criminal substantial, procedural and enforcement law in Serbia. Today there are two models (obligatory and discretionary of parole, which is allowed after 2/3 of the served sentence of imprisonment. At the same time special Code on prevention of sexual victimization of juveniles - contrary to the Criminal Code- abolishes a possibility of earlier release of all offenders of sexual crimes against juveniles. The author argues in favor of abolishment of parole prohibition for any category of offenders; restoration of the rule that half of the served sentence of imprisonment is a condition for consideration of request to be released on parole (only exceptionally for recidivists and those whose criminal habit has been proven conditional release would be allowed after 2/3 of served sentence; proposes specification of substantial requirements for approval; retention of solution that the court decides on conditional release, but with obligatory invitation of convicted person who would be entitled to comment on allegations made at hearing; judge for execution should also attend the procedure; an explanation must be justified by precise reasons which were decisive for the court; the appellate court should not only deal with formal aspects of procedure in deciding on contested verdict, but also with merits of arguments on which it is based; politicians should publicly explain the importance of parole in situations that make the public concerned because of media reporting about incidents in which conditionally released persons commit serious crimes; finally criminological sciences should be engaged in research that would help in searching for a suitable model of parole, which would be in accordance with international instruments and jurisprudence of the European Court of Human

  8. Legal and institutional problems facing geothermal development in Hawaii

    Energy Technology Data Exchange (ETDEWEB)

    1978-10-01

    The problems discussed confronting future geothermal development in Hawaii include: a seemingly insoluble mismatch of resource and market; the burgeoning land claims of the Native Hawaiian community; a potential legal challenge to the State's claim to hegemony over all of Hawaii's geothermal resources, regardless of surface ownership; resistance to any sudden, large scale influx of Mainland industry, and questionable economics for the largest potential industrial users. (MHR)

  9. Nuclear power plants and environment-Legal and institutional aspects

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1986-01-01

    Some legal aspects about nuclear power plants siting in face of environment legislation and policy in the Brazilian law are discussed. The public participation in the process of site selection in face of actual constitutional precepts and the decision given by Supreme Court which determined to private competence of the Union, given by Constitutional rules and by the law number 6803 in 1980. (M.C.K.) [pt

  10. 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.

  11. Quantifying the impact of legal culture and institution on carbon emissions

    Science.gov (United States)

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

    2015-12-01

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

  12. Legal and institutional incentives for local environmental management

    NARCIS (Netherlands)

    Hesseling, G.S.C.M.; Secher Marcussen, H.

    1996-01-01

    This chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought on law and natural resources is presented. It appears that the overall trend with regard to land and

  13. Alternative legal and institutional approaches to global change

    International Nuclear Information System (INIS)

    Thacher, P.S.

    1991-01-01

    The processes of global change currently under way cannot be dealt with in isolation. Factors linked to environmental quality such as demographic growth, economic interdependence and indebtedness, sociopolitical changes, and others must be managed collectively. In looking at the problems of global change, a central question before us is: How comprehensive should a legal regime be in a world of considerable uncertainty in which everything is interrelated with everything else, and what we do may, or may not be, have irreversible consequences for future generations. This article focuses on the problem of global warming to provide a model approach to the larger issues of global change. This reduces the scope of global change to a manageable but representative class of the problems at issue. The author suggests an approach to stabilize global climate by the end of the next century. However, even within this relatively narrow context of stabilizing the climate, a comprehensive approach is needed to address all heat-trapping gases - not just CO 2 - to ensure that all human activities generating these gases are managed properly, without causing other problems

  14. Legal and institutional frameworks for government relations with citizens

    International Nuclear Information System (INIS)

    Caddy, J.

    2000-01-01

    Unacceptably low or declining confidence in public institutions in OECD Member countries has led governments to view the issue of government-citizen relations with growing concern and to take initiatives to strengthen this fundamental relationship. Governments have begun to realize that they can better anticipate citizens' evolving and multiple needs by pro-actively involving them in the policy-making process in order to develop solutions to issues as they first appear, and not when they become pressing problems. When government succeeds in anticipating citizens' needs and aspirations, it earns currency in the form of trust. The price of failure is a loss of legitimacy. The conditions for trust in government include a well-educated citizenry, transparent processes and accountability. Government needs to establish a 'level playing field' so that citizens can see that their interests are being treated fairly. Citizens, for their part, need to learn to value fairness in government over special favours for well-connected groups. Transparency in government helps to assure citizens that they are being treated fairly. Accountability helps ensure that government failures are corrected and that public services meet expectations. Governments increasingly realize that they will not be able to conduct and effectively implement policies, as good as they may be, if their citizens do not support them. (author)

  15. Legal regulation of the institute of notary public in the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia)

    OpenAIRE

    Drakić Gordana

    2014-01-01

    In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Due to legal particularism the institute of notary public existed only in those parts of the state that were former Austro-Hungarian territories: Voivodina, Croatia and Slavonia, Slovenia and Dalmatia. In other territories in the common Yugoslav state the institute of notary public was unknown. The basic question regarding the institute of notary public was whether it should be retained in the legal system o...

  16. The Legal Framework for the Participation of the European Union in International Institutions

    NARCIS (Netherlands)

    Wessel, Ramses A.

    2011-01-01

    This article addresses to what extent the current EU Treaties regulate the position of the EU in other international institutions. This is a legal question, which explains the strong focus on competences and treaty provisions. The main findings are therefore related to what the EU can do, how it can

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

    Energy Technology Data Exchange (ETDEWEB)

    Mayo, L.H.

    1977-09-01

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

  18. The effects of legal, normative and cultural-cognitiive institutions on innovation in technology alliances

    OpenAIRE

    Alexander, E. A.

    2012-01-01

    Adopting an institutional lens, this paper examines the interaction between different levels of legal, normative and cultural-cognitive institutions on the level of innovation associated with the choice of alliance governance mechanism as equity or contractual.\\ud \\ud Using patent data, this paper undertakes multilevel modelling of 314 technology alliance portfolios located in Europe, North America and the Asia-Pacific region.\\ud \\ud Key findings indicate normative and cultural-cognitive inst...

  19. (Judicial mediation in Italy and Serbia: Comparative legal and economic analysis

    Directory of Open Access Journals (Sweden)

    Mojašević Aleksandar S.

    2015-01-01

    Full Text Available In this paper, the author analyzes the (judicial mediation in Italy and Serbia from the legal and economic aspects. Given the fact that Serbia and Italy belong to the same legal system, that there are many similar problems in the regulation and implementation of mediation in practice, but also considering that Italy has gone a step further in the regulation of this legal institution primarily by introducing mandatory mediation, the aim of this paper is to provide a comparative analysis of the concepts and institutional forms of mediation in the two countries and, consequently, to observe if there are any legal solutions that Serbia could possibly adopt from the Italian legal system. We assume that the Italian experience in the regulation and implementation of mediation, and its mandatory form in particular, could serve as a solid basis for finding certain legal solutions that could potentially contribute to improving the efficiency of this legal institution in our country. The main finding is that the institutionalizing of mandatory mediation in specific disputes, primarily in disputes on civil and commercial matters, would improve the efficiency of mediation in Serbia.

  20. The relationship between the performance and legal form of microfinance institutions

    Directory of Open Access Journals (Sweden)

    Ruan Rodrigo Araújo da Costa

    2017-07-01

    Full Text Available ABSTRACT This paper investigates the relationship between the legal forms adopted by microfinance institutions (MFIs and their performance within three scopes: financial performance, social performance, and efficiency in resource allocation. The MFIs studied are classified into four groups: banks, non-governmental organizations, cooperatives, and a fourth group formed of for-profit institutions not characterized as banks, made up of non-bank financial institutions (NBFIs and rural banks. The data used are annual and cover the six years from 2007 to 2012. The quantitative regression model with panel data was used together with dummy variables to compare between the four groups of legal forms, except for the group made up of NBFIs and rural banks, which was not represented by any dummy variable. 304 MFIs from 59 countries made up the sample. In the study it was observed that larger MFIs have higher profits, higher returns, and higher operational self-sufficiency rates than smaller MFIs, indicating that MFI growth could enable consolidation in the microfinance market. The results also indicate that for smaller MFIs the way to consolidate and improve the indicators could be through assimilating or merging with other MFIs. It was also noted that non-bank financial institutions and rural banks are able to serve more customers and that cooperatives provide smaller loans, causing a bigger social impact, and that they obtain higher returns and profits. The results indicate that these legal forms may be the most appropriate for the microfinance market.

  1. Legal and institutional impediments to geothermal energy resource development: a bibliography

    Energy Technology Data Exchange (ETDEWEB)

    1978-01-01

    This bibliography contains 485 references to literature on the subject of legal and institutional constraints to the development and use of geothermal resources. In addition to government-sponsored reports, journal articles, and books, the bibliography includes specific state and Federal laws and regulations, court cases of interest, and conference proceedings. For each reference, abstract or a listing of subject descriptors is given along with the complete bibliographic citation. Corporate, author, subject, and report number indexes are included. (LS)

  2. Institutional analysis for energy policy

    Energy Technology Data Exchange (ETDEWEB)

    Morris, F.A.; Cole, R.J.

    1980-07-01

    This report summarizes principles, techniques, and other information for doing institutional analyses in the area of energy policy. The report was prepared to support DOE's Regional Issues Identification and Assessment (RIIA) program. RIIA identifies environmental, health, safety, socioeconomic, and institutional issues that could accompany hypothetical future scenarios for energy consumption and production on a regional basis. Chapter 1 provides some theoretical grounding in institutional analysis. Chapter 2 provides information on constructing institutional maps of the processes for bringing on line energy technologies and facilities contemplated in RIIA scenarios. Chapter 3 assesses the institutional constraints, opportunities, and impacts that affect whether these technologies and facilities would in fact be developed. Chapters 4 and 5 show how institutional analysis can support use of exercises such as RIIA in planning institutional change and making energy policy choices.

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

    Science.gov (United States)

    Blakeman, Rachel; Haseley, Dennis

    2015-06-01

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

  4. Institutional development: from legal pluralism to institutional bricolage in West African pastoralism.

    Science.gov (United States)

    Fokou, G; Bonfoh, B

    2016-11-01

    Pastoralists in Africa are increasingly vulnerable to the effects of globalisation, climate change and changes in land use. They are confronted with problems related to access to scarce natural resources and their regulation, the management of mobility, and too little investment in health systems, livestock production and social service delivery. However, this paper focuses on positive trends and vital innovations in pastoral societies. These rely on robust institutions and policy frameworks that contribute to economically secure, politically stable, and environmentally sustainable livelihoods for African pastoral societies. The authors analyse ways in which internal and external efforts can improve the economic viability and social aspects of pastoralism. The institutions that manage natural resources and their effects on livelihoods and access to social services must be critically reviewed. The authors suggest that a new model for the economic and social development of African pastoralism should be positioned between donor- or governmentdriven development (in other words, 'seeing like a state') and the autonomous development goals of pastoralists ('seeing like a pastoralist'). Pastoralists are resourceful, entrepreneurial and innovative people, fully able to support new institutional systems and services which recognise their way of life and production systems. It seems evident that African pastoralism will maintain its vitality and creativity through a process of 'bricolage', with institutional and policy innovations based on a constant renegotiation of norms, the reinvention or transformation of tradition, the importance of legitimate authority and the role of the people themselves in shaping such arrangements.

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary

  6. Legalization of Educational Public Policies: Analysis of Controversial Issues

    Directory of Open Access Journals (Sweden)

    Urá Lobato Martins

    2016-12-01

    Full Text Available The article presents a critical analysis of the issue of legalization of public policies that deal with the right to education. Therefore, the literature review will be made, as well as an analysis of some precedents of the Supreme Court on the issue of legalization of this fundamental right. At the end, it will be shown that the right to education generates citizens the subjective rights of audience immediately, the effectiveness of this right.

  7. Review of legal and institutional issues in the use of decentralized solar energy systems

    Energy Technology Data Exchange (ETDEWEB)

    Schweitzer, M.

    1980-04-01

    The legal and institutional issues involved in the use of decentralized solar energy systems are examined for the purpose of advising government planners and policymakers, the solar industry, solar researchers, and prospective solar users of present and potential impediments and incentives to solar commercialization. This information was gathered primarily through a comprehensive literature review, with supplementary data provided through interviews with representatives of organizations active in the solar field. Five major issue areas were identified in the course of this study: (1) prohibitions on the use of solar equipment, (2) regulation of the production and placement of solar systems, (3) access to sunlight, (4) financial incentives and impediments to the use of solar technologies, and (5) the public utility-solar user interface. Each can be important in its impacts on the incidence of solar usage. The major actors involved with the issues identified above represent both the private and public sectors. Important private sector participants include solar manufacturers and installers, labor unions, lending institutions, utility companies, solar users themselves, and other community property owners. In the public sector, local, state, and federal governments are all capable of acting in ways that can influence the solar commercialization effort. Implementation options are available for all levels of government seeking to take an active role in addressing the previously mentioned legal and institutional issues. The appropriate actions will vary from federal to state to local governments, but each level can be important in removing existing barriers and creating new incentives for solar use.

  8. Non traditional legitimation for criminal action - legal protection of goods from other public institutions

    Directory of Open Access Journals (Sweden)

    Franklyn Roger Alves Silva

    2017-03-01

    Full Text Available This article examines the question regards the legitimacy of the prosecution in a supplementary manner from of other public institutions to promote when facing violation of criminal transindividual rights and inertia of the prosecution. When facing crimes with an indeterminate passive subject, there is lack of legal support to base a subsidiary criminal action. Over this perspective, it is investigated if there are other laws allowing an alternative legitimacy for criminal charges. At the same time, it is verified the Public Defender`s Office ability to exercise the supplementary legitimacy.

  9. How the Triangle of Bologna Quality Assurance, a National Legal Framework and Internal Quality Enhancement Supports Institutional Improvement

    Directory of Open Access Journals (Sweden)

    Veronika Kareva

    2017-06-01

    Full Text Available The Republic of Macedonia (RM has been a part of the Bologna process since 2003. The Ministry of Education, law and policy makers and higher education institutions have actively engaged with its main concepts. In parallel with this, since the adoption of the law on higher education in 2008 and the reform of the Accreditation and Evaluation Board, there have been numerous changes and amendments culminating in the fast-tracked adoption of a new law at the beginning of 2015. Some of its solutions created a huge debate among the academic community, other intellectuals and students themselves, resulting in the postponement of that law and a kind of legal vacuum. In such turbulent circumstances, individual higher education institutions had to consider how and to what extent to adopt and develop relevant standards and guidelines, comply with the legal framework and promote good practice. The aim of this paper is to present how these three aspects, Bologna standards and guidelines for Quality Assurance (QA, a national legal framework and an institutional approach are being reflected, merged and implemented at a relatively young higher education institution. It questions the impact of these three elements on each other and how one institution’s drive for improvement is affected. This is done through a qualitative analysis of the three-fold perspectives. The conclusions and recommendations are expected to be of use to policy makers in the country and region as they evaluate how international trends and good practice fit into the socio-economic and political conditions of RM and similar countries. At the same time, it can demonstrate how far institutional quality assurance and progress can be implemented and recognized in the country itself and by some international stakeholders. It can also prove that the South East European University (SEEU is a national leader in this field as RM has no functioning QA evaluation system, while SEEU has managed to

  10. Human Rights Legalization of Health and Institutional Dialogue : The Experience of Lages -SC , Brazil

    Directory of Open Access Journals (Sweden)

    Felipe Asensi

    2016-05-01

    Full Text Available The judicialization of health tends to be thought through the prism of the lawsuits, but there are lots of consensual strategies that can be developed within the Judiciary Bran- ch. The purpose of this article is to analyze the interaction between the Judiciary Branch, health professionals and the representatives in ensuring the right to health. To this end, a research in partnership with the National Council of Justice was held in 2013 and 2014 in the municipality of Lages-SC, Brazil, which investigated the developed local strategies. The Lages experience was about the Conciliation Center for Medicines and its interaction with the Intermunicipal Consortium and the political and legal actors, which became an institutional dialogue tool. These arrangements allowed a predominantly extrajudicial action and fostered the dialogue between the various local actors. The result was the liti- gation reduction and the expansion of dialogical institutional arrangements.

  11. ANALYSIS OF NORMATIVE-LEGAL BASE OF REGULATION THE RUSSIAN ADVERTISING MARKET

    Directory of Open Access Journals (Sweden)

    Ekaterina F. Devochkina

    2014-01-01

    Full Text Available The article contains analysis of normative-legal base of Russian advertisingcompanies business. Also the problem of absence the legal system is consecrated.The author mentioned comparative characteristics of advertising legal system ofdifferent years.

  12. Legal and institutional implications of providing financial incentives to encourage the development of solar technologies

    Energy Technology Data Exchange (ETDEWEB)

    Hyatt, R. J.

    1979-07-01

    The legal basis to provide financial incentives is found in the enumerated powers of the Constitution for the exercise of federal authority, the police and tax powers for the exercise of state authority, and state delegated powers for the exercise of local authority. These powers are limited by the federal and state constitutions, and the scope of delegated authority. The major types of financial incentives are tax incentives, including income tax deductions and credits, accelerated depreciation allowances, tax-exempt bonds, and reduction in property and sales taxes; loan incentives, including low interest loans, government guaranteed and insured loans, and elimination of statutory and secondary market constraints; and government transfer incentives, including grants in aid from all levels of government. Other incentives that will indirectly affect the financing and availability of solar energy technologies include eliminating or reducing financial incentives benefiting competitive energy sources, government action to insure the operation of solar energy equipment, government-sponsored education, research, and development programs, government demonstration and procurement programs, and placing priority on rapid passage of solar energy legislation dealing with financial incentives. In most cases, a financial incentives program constituting one or more of these incentives will probably not confront any major, unique, legal or institutional impediments. The minor impediments that do exist can usually be eliminated by preventive legislation.

  13. Selected legal and institutional issues related to Ocean Thermal Energy Conversion (OTEC) development

    Energy Technology Data Exchange (ETDEWEB)

    Nanda, V. P.

    1979-06-01

    Ocean Thermal Energy Conversion (OTEC), an attractive alternative to traditional energy sources, is still in the early stages of development. To facilitate OTEC commercialization, it is essential that a legal and institutional framework be designed now so as to resolve uncertainties related to OTEC development, primarily involving jurisdictional, regulatory, and environmental issues. The jurisdictional issues raised by OTEC use are dependent upon the site of an OTEC facility and its configuration; i.e., whether the plant is a semipermanent fixture located offshore or a migrating plant ship that provides a source of energy for industry at sea. These issues primarily involve the division of authority between the Federal Government and the individual coastal states. The regulatory issues raised are largely speculative: they involve the adaptation of existing mechanisms to OTEC operation. Finally, the environmental issues raised center around compliance with the National Environmental Policy Act (NEPA) as well as international agreements. 288 references.

  14. Legal analysis of the European Union sustainability criteria for biofuels

    African Journals Online (AJOL)

    This paper provides a legal analysis and review of the European Union (EU) sustainability criteria for biofuels, presented in Directive 2009/28/EC. The paper discusses the EU sustainability criteria as a tool that could be efficiently utilized to operationalize and implement the concepts of sustainable development and ...

  15. The Digital Single Market and Legal Certainty : A Critical Analysis

    NARCIS (Netherlands)

    Castermans, A.G.; Graaff, de R.; Haentjens, M.; Colombi, Ciacchi A.

    2016-01-01

    This chapter critically examines the CESL from the viewpoint of its capability to provide legal certainty for commercial actors. This chapter’s analysis focuses on three important stages in the life cycle of a contract, seen from a business perspective: the scope rules that determine whether the

  16. ["Rabies odontologica" Analysis of communications among dentists by legal means].

    Science.gov (United States)

    Wolf, M; Rosenberger, W

    2002-11-01

    The present study examines developments in the language used in protests, appeals and objections as lodged by patients and by attending dentists in regard to formal legal aspects and contents. The study is based on about 15,000 expert reports prepared by the Dental Services Department of the City of Wuppertal during the period from 1990 to 2001. The investigation reveals a considerable and growing discrepancy between the neutral and objective language qua legal proviso of the expert reports and the diction used in the objections, above all on the part of dentists. The authors propose a set of instruments to be used for legal analysis of texts and discuss possible reasons, including non-medical reasons, for the documented deplorable drop in standard of controversies among dentists in particular.

  17. The oil surprise in Brazil, and changes in the strategic, institutional and legal context; La surprise petroliere au Bresil et son contexte de changement strategique, institutionnel et legal

    Energy Technology Data Exchange (ETDEWEB)

    De Medeiros Costa, H.K. [Sao Paulo Univ., Sao Carlos, SP (Brazil); Moutinho Dos Santos, E. [Sao Paulo Univ., Instituto de Eletrotecnica e Energia, Sao Carlos, SP (Brazil)

    2009-11-15

    The discovery of large amounts of oil in the rocky layers under the halite (or pre-halite) of off-shore sedimentary basins is a veritable oil surprise in Brazil, changing the country's oil strategy context. This event is being debated in all political circles and has also gained widespread attention in national and international media. It is becoming a major issue impacting on campaign impetus for the 2010 presidential elections, which look to be difficult and unpredictable for predictable or all potential candidates. The administration of president Lula has aimed to put in place a clear historical (and geographical) limit by proposing significant legal and institutional changes for the development of pre-halite oil resources (as opposed to the current scheme which will remain valid for reserves found in the rocky layers above the halite, or post halite). The purpose of this article is to introduce the main legal and institutional change actors that are proposed. The text mainly focuses on the upstream activities from oil exploration to production and on the capture and distribution of the oil rent. These are the two main areas that the new legal and institutional scheme will cover. (authors)

  18. Legal and institutional tools to mitigate plastic pollution affecting marine species: Argentina as a case study

    International Nuclear Information System (INIS)

    González Carman, Victoria; Machain, Natalia; Campagna, Claudio

    2015-01-01

    Highlights: • Plastic pollution in Argentina harms vulnerable marine species of turtles and mammals. • One tool to advance their conservation is policy. • The legal and institutional framework pertinent to plastic pollution is explored. • Laws and agencies are in place, yet implementation and enforcement is deficient. • Interventions to mitigate plastic pollution and protect marine species are advanced. - Abstract: Plastics are the most common form of debris found along the Argentine coastline. The Río de la Plata estuarine area is a relevant case study to describe a situation where ample policy exists against a backdrop of plastics disposed by populated coastal areas, industries, and vessels; with resultant high impacts of plastic pollution on marine turtles and mammals. Policy and institutions are in place but the impact remains due to ineffective waste management, limited public education and awareness, and weaknesses in enforcement of regulations. This context is frequently repeated all over the world. We list possible interventions to increase the effectiveness of policy that require integrating efforts among governments, the private sector, non-governmental organizations and the inhabitants of coastal cities to reduce the amount of plastics reaching the Río de la Plata and protect threatened marine species. What has been identified for Argentina applies to the region and globally

  19. The Normative Legal Regulation of Accounting Activities of Non-Bank Financial Institutions in Ensuring the Strategic Development of the Financial System of Ukraine

    Directory of Open Access Journals (Sweden)

    Prokopenko Zhanna V.

    2017-03-01

    Full Text Available The aim of the article is to study the normative legal regulation of accounting activities of non-bank financial institutions to ensure the strategic development of the financial system of Ukraine. There actualized the issue of examining the system of normative legal regulation in terms of: first, regulation of the market for non-bank financial services and their activities as an object of accounting; second, regulation of accounting and reporting as the basis of the impact on its organization, methodology; third, formation of requirements to the management of the institution concerning the qualification requirements to the chief accountant as a subject of organization and carrying out the accounting activities. In the course of the research, there developed a model for influencing the transformation of the organization and methodology of accounting, which will be implemented by establishing new requirements to its methods and objects as a result of changes in the normative legal acts and their impact on the systems of economic analysis and audit as components of corporate management of non-bank financial institutions. The proposed model determines the impact of the provisions of the integrated program for the development of the financial sector of Ukraine until 2020 in accounting in terms of methodology, specificity and composition of its objects. As a result of studying the set of documents that define the strategic provisions for the development of the market for non-bank financial services, there identified directions for the formation of new and transformation of the existing provisions of the normative legal regulation of the accounting system through its elements (methods, objects, subjects, study of its functions and justification of the significance in risk management. We believe that these provisions should be implemented by means of the development of organizational and methodological regulations for the accounting of non

  20. Legal, Institutional, and Economic Indicators of Forest Conservation and Sustainable Management: Review of Information Available for the United States

    Science.gov (United States)

    Paul V. Ellefson; Calder M. Hibbard; Michael A. Kilgore; James E. Granskog

    2005-01-01

    This review looks at the Nation’s legal, institutional, and economic capacity to promote forest conservation and sustainable resource management. It focuses on 20 indicators of Criterion Seven of the so-called Montreal Process and involves an extensive search and synthesis of information from a variety of sources. It identifies ways to fill information gaps and improve...

  1. Legal and Institutional Issues of Transportable Nuclear Power Plants: A Preliminary Study

    International Nuclear Information System (INIS)

    2013-01-01

    jointly the international and national actions required for ensuring the sustainability of nuclear energy through innovations in technology and/or institutional arrangements. A transportable nuclear power plant (TNPP) is a factory manufactured, transportable and relocatable nuclear power plant which, when fuelled, is capable of producing final energy products such as electricity and heat. Introducing a TNPP may require fewer financial and human resources from the host State. However, the deployment of such reactors will face new legal issues in the international context which need to be resolved to enable the deployment of such reactors in countries other than the country of origin. The objective of this report is to study the legal and institutional issues for the deployment of TNPPs, to reveal challenges that might be faced in their deployment, and to outline pathways for resolution of the identified issues and challenges in the short and long terms. It is addressed to senior legal, regulatory and technical officers in Member States planning to embark on a nuclear power programme or to expand an existing one by considering the introduction of a TNPP

  2. [Social and health impact of Institutes of Legal Medicine in Spain: beyond justice].

    Science.gov (United States)

    Barbería, Eneko; Xifró, Alexandre; Suelves, Josep María; Arimany-Manso, Josep

    2014-03-01

    The main mission of Spanish Institutes of Legal Medicine (ILMs) is to serve the justice system. We review the potential broader role of the work done by ILMs, with an emphasis on forensic pathology. The relevance of forensic information to increase the quality of mortality statistics is highlighted, taking into account the persistence of the low validity of the external causes of death in the Mortality Register that was already detected more than a decade ago. The new statistical form and reporting system for the deaths under ILMs jurisdiction, as introduced by the Spanish Instituto Nacional de Estadística in 2009, are also described. The IMLs role in the investigation of the following mortality causes and of their determinants is reviewed in detail: traffic accidents, suicide, drugs of abuse, child deaths and sudden deaths. We conclude that an important public role of IMLs is emerging beyond their valuable service to the justice system, mainly through the gathering of data critical to assess and prevent several medical and public health and safety issues of great social impact and through their participation in epidemiologic research and surveillance. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  3. State and legal regulation of refugees’ and asylum seekers’ migration in EU as institutional basis of management of international migrations

    Directory of Open Access Journals (Sweden)

    V.V. Ievdokymov

    2017-12-01

    Full Text Available According to the analysis of World Bank data on the dynamics of migration indicators in Europe and Fragile State Index data the authors determine the groups of EU countries in geo-economic risk, which forms the pushing factors in the refugee flow formation. The geographic structure of refugees’ migratory flows to the EU is analyzed and the migration corridor dynamics is determined, in particular, it is found out that the overwhelming majority of refugees arrive to the EU through the Central and Eastern Mediterranean channels. In addition, It is determined that strengthening military and political instability in Africa and the Middle East, the tight policies and institutional mechanisms for crossing the EU's borders cause the increased flows of illegal migrants entering the EU in dangerous ways, in particular through the Mediterranean Sea, where a significant number of such persons, especially women and children, die. In addition, EU countries are structured by their migration policies (views on immigration, using of quantitative restrictions on immigration including highly skilled workers. As a result of the legal document study, the authors establish the system of documents identifying the institutional frameworks for the refugees’ and asylum seekers’ migratory flow management.

  4. Bank foundation – a symbiotic legal institution at the crossroad of banking system and non-profit sector

    Directory of Open Access Journals (Sweden)

    Magdalena CATARGIU

    2012-12-01

    Full Text Available In the context of the development and omnipresence, in Europe, of the non-profit sector and due to the diversification of the legal entities that are involved in the configuration of the third sector, an legal analysis of the foundation of banking origins, is very appealing. Throughout this study we aim to point out key moments in the evolution of this particular figure, mainly in the Italian legislation. Nevertheless, we intend to identify the legal nature of the foundation of banking origins in order to draw a line between banking and philanthropic activities.

  5. Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

    Directory of Open Access Journals (Sweden)

    Khairil Azmin Mokhtar

    2017-03-01

    Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

  6. A Study on the Information Analysis and Legal Affairs

    International Nuclear Information System (INIS)

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

    2009-02-01

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

  7. Legal regulation of the institute of notary public in the Kingdom of Serbs, Croats and Slovenes (Kingdom of Yugoslavia

    Directory of Open Access Journals (Sweden)

    Drakić Gordana

    2014-01-01

    Full Text Available In the Kingdom of Serbs, Croats and Slovenes existed six different legal territories. Due to legal particularism the institute of notary public existed only in those parts of the state that were former Austro-Hungarian territories: Voivodina, Croatia and Slavonia, Slovenia and Dalmatia. In other territories in the common Yugoslav state the institute of notary public was unknown. The basic question regarding the institute of notary public was whether it should be retained in the legal system of Kingdom of Serbs, Croats and Slovenes. After the positive outcome of the survey conducted by the Ministry of Justice, it was decided to adopt a law on notaries, which would apply to the whole state territory. The author in the first part of the paper reviewed the regulations on notary public that were in force in the territory of Voivodina until the adoption of unified law on public notaries. Then the author analyzed the provisions of the Law on Notary Public of Kingdom of Yugoslavia enacted in 1930. However after the adoption of unified Law on Notary Public, it did not enter the force in all parts of the state as it was planed. The issue of justification of the existence of notary public appeared again in the professional public. The lawyers considered that notaries got extended powers and therefore sought to abolish the institution of public notaries. On the other hand the Association of Notaries Public of the Kingdom of Yugoslavia fought for the retention of the institute emphasizing all its advantages.

  8. Accidental autoerotic deaths between 1978 and 1997. Institute of Legal Medicine, Medical School Hannover.

    Science.gov (United States)

    Breitmeier, D; Mansouri, F; Albrecht, K; Böhm, U; Tröger, H D; Kleemann, W J

    2003-10-14

    Between 1978 and 1997 the Institute of Legal Medicine of the Hannover Medical School examined 17 fatal autoerotic deaths. The incidence for the Hannover region was 0.49 cases per million inhabitants per year. The victims included 17 men with an average age of 36.8 years; a peak in the age distribution was seen between 20 and 29 years. Twelve of the men were found by friends or family in a domestic environment, while other situations in which the victims were found included the victim's own car, a hotel room, a canal embankment, a public parking lot as well as the holding cell of the youth detention center. The men were of varying socioeconomic status and held a number of different types of jobs or still attended school. Five of the men were found completely nude, while five were only undressed below the waist. Four men wore women's clothes and two were fully clothed with exposed genitals. Besides women's clothes, other objects found at the scene included various types of sexual aids, including ropes, chains, metal bars, locks, sex magazines, condoms, plastic bags, rubber items, etc. In four cases blood alcohol levels between 0.1 and 2.5 per thousand (urine alcohol levels between 0.2 and 2.5 per thousand ) were found. Toxicologic examination revealed chloroform, ketamine, a propane-butane gas mixture in one case each, and in two cases cocaine and morphine. Causes of death included central paralysis after strangulation (seven cases), asphyxiation (4), subarachnoid hemorrhage (2), intoxication (1), hypothermia (1), left heart failure (1), and drowning (1). The history, findings at scene, and autopsy findings and, in individual cases, other investigations are of utmost importance to accurately reconstruct a fatal autoerotic accident.

  9. Equity policies in higher education : a legal evaluation of institutional responses

    OpenAIRE

    Faakye, Solomon

    2007-01-01

    ABSTRACT Higher education equity policies have for as long as they have existed provoked serious legal controversy, especially in the largest system of higher education, i.e. the USA. In as much as these legal troubles have not arisen (yet) in Ghana, it can’t be taken for granted that such problems are far-fetched. In that sense this study is a work ahead of its time; in drawing analogies from American case Law, the work attempts to predict the possible legal issues that may arise in th...

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

    Science.gov (United States)

    Geleto, Ayele; Markos, Jote

    2015-03-17

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

  11. GNU General Public License v3: A Legal Analysis

    Directory of Open Access Journals (Sweden)

    Andrés Guadamuz González

    2006-06-01

    Full Text Available This paper offers a first-look legal analysis of the draft version 3 of the GNU General Public License, and will also look at the debate that it has generated in the Free and Open Source community. The paper will answer the following vital questions: Is the GPL v3 different in any fundamental way from GPL v2? What are the main differences? What will be the impact of the new GPL to the problem of software patents? Is there an incompatibility problem with previous versions of the licence? How does it compare with other existing licences?

  12. Higher Education Institutions and the Administration of International Student Rights: A Law and Policy Analysis

    Science.gov (United States)

    Ramia, Gaby

    2017-01-01

    The scholarly literature in higher education has not dealt extensively with the responsibilities of institutions for servicing the rights of international students. This paper is a comparative analysis of legal frameworks which guide institutions in their handling of international student rights. Two national approaches, those of Australia and New…

  13. Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

    Directory of Open Access Journals (Sweden)

    Aishat R. Kaitova

    2014-09-01

    Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

  14. Institutional conflicts in Jungian analysis.

    Science.gov (United States)

    Eisold, K

    2001-04-01

    This paper explores how the institutional life of analytical psychology has been beset by its historical and continuing conflictual relationship with psychoanalysis. Stemming from a division in Jung's identity, that of the spiritual seeker and that of a mental health practitioner, the organizations of analytical psychology have repeatedly enacted that division, resulting in an unclear mission and considerable conflict. In England those conflicts have led to schisms; in America they have played out in internal conflicts within training institutes. Examples of areas of conflict are provided, along with suggestions for addressing these conflicts by recognizing them more openly.

  15. INSTITUTIONAL AND LEGAL ORDER’S EFFECT ON ECONOMIC SITUATION OF THE GERMAN SECTOR OF SPORTS ENTERPRISES

    Directory of Open Access Journals (Sweden)

    Artur GRABOWSKI

    2016-02-01

    Full Text Available This article  shows legal order in which German sports (football enterprises exist. Due to the fact that German is the homeland of ordoliberalism and Walter Eucken was its leading representative we compare the principles of this legal order with the current situation in the sector of sports organization. Legal solutions that are applied, encourage the development of both professional football leagues where licensing procedure corresponds to the assumed objectives set out by the League Association. The following research methods were applied: a descriptive, historical and comparison analysis. Literature studies on the law relating to the operation of professional football leagues in Germany and the history of economic thought (in particular ordoliberalism were performed on German sources and legislation.

  16. METHODOLOGY FOR INSTITUTIONAL ANALYSIS OF STABILITY OF REGIONAL FINANCIAL SYSTEM

    Directory of Open Access Journals (Sweden)

    A. V. Milenkov

    2016-01-01

    Full Text Available The relevance of the article due to the urgent need to develop a methodological framework in the field of regional finance research dictated by the substantial increase in the volume and composition of the socio-economic problems, the solution of which, including financial support, the responsibility of the public authorities of the Russian Federation. The article presents the results of the author's research in the field of institutional analysis of the stability of the regional financial system as a set of institutions and organizations interacting with the regional real sector of economy.Methodology. The methodological basis of this article are the economic and statistical methods of analysis, legal documents in the field of the sustainability of the regional financial system, publications in the field of economic and financial security.Conclusions / relevance. The practical significance of the work lies in the provisions of orientation, conclusions and recommendations aimed at the widespread use of search and adaptation of the institutional analysis of the sources of the regional stability of the financial system, which can be used by the legislative and executive authorities of the Russian Federation, the Ministry of Defence in the current activity.Methodological approaches to the structuring objectives of institutional analysis on the basis of the hierarchical representation of the institutional environment of functioning of federal subject the financial system.

  17. Legal Field and Social Representations : Analysis of Damage of The Grounds of Failure in Moral Judgments

    Directory of Open Access Journals (Sweden)

    Morgana Neves de Jesus

    2016-11-01

    Full Text Available It is proposed to analyze the problem of the failure of judicial decisions, from the observation of the interference of social representations the lack of real motivation of judgments, from the statement of denaturation of the institute moral damage caused by internalized reproduction of concepts and meanings anchored and objectified in the collective unconscious of the various authorities and actors in the legal field. Seeks to understand the social representations reproduced in the legal and social field of the institute, which confirms the problem of inadequate statement of reasons and not resolving legal conflicts social damage morale.

  18. Theory of imprevision from the economic and legal perspective of contract analysis

    Directory of Open Access Journals (Sweden)

    Radu Ştefan PĂTRU

    2011-06-01

    Full Text Available The new realities of the 21st century ask for a revitalization of the economic and legal systems so as to overcome the effects of the economic crisis. The current economic crisis is at the same time a challenge for the scientific milieu which is called to find the best solutions for the reversal and adaptation of the main scientific institutions. For the legal system, the contract represents an essential factor both theoretically and practically so that the new legislative decisions appear to be as highly important. As a particular case study, we intend to analyse the theory of imprevision both from the theoretical viewpoint and the one of practical consequences that the regulation of this institution might generate in the domestic legislative environment through the provisions of the New Civil Code. Far from our affiliation to the opinions that vividly sustain or reject the regulation of this theory, this article intends to be an objective analysis of the theory of imprevision representing one of the greatest challenges for the New Civil Code.

  19. Efficiency of the institution of independent anti-corruption expertise of normative legal acts and their drafts

    Directory of Open Access Journals (Sweden)

    Ruslan O. Dolotov

    2015-12-01

    Full Text Available Objective to determine the factors affecting the efficiency of civil society representatives accredited by the Russian Ministry of Justice as independent experts authorized to conduct anticorruption expertise of normative legal acts and their drafts as well as the main problems faced by independent experts in conducting the anticorruption expertise of normative legal acts and their drafts by the example of Saratov oblast. Methods general scientific methods of theoretical cognition and sociological method of empirical data collection indepth interviews. Results the main problems are revealed associated with low efficiency of the institution of independent anticorruption expertise comprehensive proposals are developed for improving its effectiveness in particular it is proposed to establish administrative responsibility for failure to give ignoring a reasoned answer to the conclusions submitted by independent experts to stipulate additional requirements for applicants natural persons for obtaining the status of an independent expert other than those currently stipulated higher professional education and work experience in the specialty not less than 5 years when developing the next National plan for corruption counteraction in Russia to include instructions to the Russian Ministry of Justice on the organization of monitoring of the accredited independent experts efficiency as well as on preparing and periodically publishing the eBulletin dedicated to independent anticorruption examination it is necessary to stipulate liability in the form of deprivation of the independent expert status for deliberately false anticorruption expertise and for anticorruption examination in the case of lobbying. Scientific novelty it is concluded that the key directions to increase the efficiency of independent anticorruption expertise of normative legal acts and their drafts are a more detailed regulation of the status of the independent expert and the interaction of

  20. Legal Protection Against Women An Analysis Of Domestic Violence Crime

    Directory of Open Access Journals (Sweden)

    Lilis Erniyati

    2015-08-01

    Full Text Available The purpose of this study was to find and analyze the policy formulation of legal protection of women on the crime of domestic violence in Indonesia find and analyze the policy of criminal law in the formulation of a system of criminal sanctions against the crime of domestic violence find and analyze the constraints and solutions in the application of the crime of domestic violence This study uses normative research and empirical jurisdiction which is supported by field research conducted by interviewing. The data used is primary and secondary data. The data analysis used is qualitative analysis. The results stated first Policy Formulation against the crime of domestic violence based on provisions of Law Domestic Violence does not have an effect in the form of illness or impediment to carry out daily activities. Criminal law in the formulation of a system of criminal sanctions against the crime of domestic violence according to the provisions of the Law on Domestic Violence using this type of system an alternative formulation.

  1. A critical analysis of the implementation of a legal regulated market for new psychoactive substances ("legal highs") in New Zealand.

    Science.gov (United States)

    Rychert, Marta; Wilkins, Chris

    2018-03-07

    In July 2013 New Zealand passed the Psychoactive Substances Act (PSA) to establish the world's first regulated legal market for new psychoactive substances (NPS) ("legal highs"). To critically analyse the implementation of the PSA. Synthesis of findings from interviews with 30 key informants (i.e. politicians, civil servants, legal high industry actors, toxicologists, NGO representatives and drug policy academics), analysis of relevant laws and policy documents, and a review of academic and grey literature on the PSA. Key challenges experienced during the implementation of the PSA included the harmfulness of interim approved products, the slowness in withdrawing products which caused adverse effects, enforcing retail restrictions, price competition by retailers, judicial challenges by the "legal high" industry, and growing opposition to the regime from local communities and key stakeholders (including local councils). The PSA lacks a tax on products and restrictions on retail opening hours which likely contributed to the problems above. The implementation of the PSA also appeared to suffer from a rushed legislative process and resource constraints on the regulatory agency which led to delays in the development of the full regulatory framework, including the product testing requirements, and issues with enforcing retail regulation, such as the minimum age of purchase. The decline in public support for the PSA regime reflected problems with communicating the aims of the policy to the general public. The troubled implementation of the PSA underlines a number of important lessons for consideration when developing a regulated legal drug market, including advanced development of regulatory systems, ensuring the sale of low risk products, adequately resourcing regulatory agencies and related enforcement activity, detailed regulation of retail outlets, establishing price controls, and ongoing engagement with stakeholders and the general public. Copyright © 2018 Elsevier B

  2. [Legal aspects of the health care institution liability for nosocomial infections].

    Science.gov (United States)

    Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

    2009-01-01

    In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

  3. The privatization of electricity distribution in Turkey: A legal and economic analysis

    International Nuclear Information System (INIS)

    Ulusoy, Ali; Oguz, Fuat

    2007-01-01

    This paper analyzes the recent regulatory reform in the Turkish Electricity Distribution Market from a legal and economic perspective. We highlight tensions between the judiciary, politicians and bureaucracy and discuss their economic consequences. The paper engages in a discussion of economic consequences of legal procedures. We stress interactions between legal decisions and economic institutions. The historical positions of the Constitutional Court and Danistay (Council of State), on privatizations have been ambivalent and it is hard to qualify them as an incentive for privatization and reform, despite some recent liberal decisions. We address reasons behind their decisions and offer some suggestions toward improving the privatization process

  4. The Role of International Law: Formulating International Legal Instruments and Creating International Institutions.

    Science.gov (United States)

    Szasz, Paul C.

    1991-01-01

    Using as a basis the threat of climatic change resulting from global warming, this article considers the functions that might be assigned to an international regime. For each function individually and collectively, the instruments and institutions that would be required for the various processes are examined. (SLD)

  5. Criterion V: Legal, institutional, and economic framework for rangeland conservation and sustainable management [Chapter 6

    Science.gov (United States)

    Jonn E. Mitchell; Stan Hamiliton; Thomas Lustig; Kenneth Nelson; Tom Roberts; Brian Czech

    2010-01-01

    Laws, institutions, and economic policies play a large role in determining the sustainability of rangelands. They provide the basic framework from which many lasting decisions about rangeland management are made. The SRR has identified 10 primary indicators to assess how this framework influences the long-term health and productivity of rangeland in this country. The...

  6. Criterion 7: Legal, institutional, and economic framework for forest conservation and sustainable management

    Science.gov (United States)

    Stephen R. Shifley; Francisco X. Aguilar; Nianfu Song; Susan I. Stewart; David J. Nowak; Dale D. Gormanson; W. Keith Moser; Sherri Wormstead; Eric J. Greenfield

    2012-01-01

    This criterion focuses on the social context of forests—the laws, policies, administrative rules, and social and economic institutions—that governs forest resource management and use. What society permits or restricts, encourages or discourages all influence the sustainability of forest resources. Criterion 7 captures this by turning attention to all the different...

  7. Circumstances for excluding unlawfulness and the legal institute of necessary defense

    Directory of Open Access Journals (Sweden)

    Albulena U. Ukimeraj

    2016-07-01

    Full Text Available There are reasons or circumstances provided for by the legal-criminal norms which in the concrete case and situation due to coexistence of certain circumstances make the offence permissible despite the fact that it contains all the traits of a criminal offence. The need for selfdefense, remains present considering the scale in which terrorism has spread, and considering that there are criminal individuals and organizations which endanger public safety by attacking people and buildings for the purpose of perpetrating a robbery, retaliation or other acts in pursuit of economic or political ends. The necessary defense is a lawful action of every individual or group in protection of itself from undue attacks which pose a threat to social order, life, health, property or other rights and interests, whereby the criminal liability and guilt is suspended as defense is considered as a “right” of a person whose rights were under attack. Alongside the punishments and measures imposed by the state against perpetrators of crimes, the criminal law also provides for individual defense, which can be done by citizens themselves under certain conditions and circumstances, a defense that is in line with the fundamental principles of a democratic state, international law and fundamental human rights and freedoms.

  8. 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

  9. Legal Environment Against Online Identity Theft: Comparative Analysis of USA’s and Lithuania’s Legislation

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration as it is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft. In this article it is

  10. Concept Of The Public Safety In The Russian Federation As A Legal Measure Of The Educational Institutions (Organizations Security

    Directory of Open Access Journals (Sweden)

    Nikolay A. Chesnokov

    2014-12-01

    Full Text Available In the present article author researches basic positions presented in the Concept of Public Security in the Russian Federation and focused on the educational institutions (organizations. Author analyzes main sources of threat to the public security: the threat of a criminal nature; terrorist threats; extremist activity; increase in the number of crimes; complication of the crime situation; increase in the number of criminals; high levels of corruption; illegal migration; internal migration; social tension in society; deterioration of the technical state of transport infrastructure; likelihood of emergencies; risk of harm to the human life and health, environment; high probability of fire occurrence in Russia; natural variations in the characteristics of the hydrological regime of water bodies; seismic hazard. Author defines goals of public security, outlines priority (main and other tasks, as well as the principles and key activities to ensure public security. In the conclusion author concludes that public safety, in fact, involves complex nature of activity and contributes to the legal security of educational institution (organization, gives definition of the public security of the educational institution (organization and results of operations for its assuring.

  11. Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

    Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

  12. Between economic and legal analysis of incorporeal things: A critical

    African Journals Online (AJOL)

    The author uses practical economic examples to argue for the development of common law. The author identifies relevant Roman law principles which justify the legal nature of incorporeal things. It is demonstrated that the value of incorporeal things depends greatly on future circumstances. It is argued in this article that the ...

  13. European Energy Regulators : An Empirical Analysis of Legal Competences

    NARCIS (Netherlands)

    Jong, T.; Woerdman, M.

    2016-01-01

    This paper examines empirically whether the differences in legal competences of National Regulatory Authorities (NRAs) of European gas and electricity markets are aligned to the corresponding countries’ divergent levels of 1) security, 2) competitiveness, and 3) carbon-neutrality of energy supply.

  14. Drug Testing and Searches in Public Schools: A Legal Analysis.

    Science.gov (United States)

    Minnesota House of Representatives, St. Paul. Research Dept.

    This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…

  15. An analysis of legal warnings after drug approval in Thailand.

    Science.gov (United States)

    Sriphiromya, Pakawadee; Theeraroungchaisri, Anuchai

    2015-02-01

    Drug risk management has many tools for minimizing risk and black-boxed warnings (BBWs) are one of those tools. Some serious adverse drug reactions (ADRs) emerge only after a drug is marketed and used in a larger population. In Thailand, additional legal warnings after drug approval, in the form of black-boxed warnings, may be applied. Review of their characteristics can assist in the development of effective risk mitigation. This study was a cross sectional review of all legal warnings imposed in Thailand after drug approval (2003-2012). Any boxed warnings for biological products and revised warnings which were not related to safety were excluded. Nine legal warnings were evaluated. Seven related to drugs classes and two to individual drugs. The warnings involved four main types of predictable ADRs: drug-disease interactions, side effects, overdose and drug-drug interactions. The average time from first ADRs reported to legal warnings implementation was 12 years. The triggers were from both safety signals in Thailand and regulatory measures in other countries outside Thailand. Copyright © 2014 Elsevier Inc. All rights reserved.

  16. Definition of a proper institutional and legal framweork to promote energy efficiency in Uruguay

    Energy Technology Data Exchange (ETDEWEB)

    Blanco, Alfonso; Juarez, Maria

    2010-09-15

    There is no lower cost energy source than the avoided energy from unnecessary consumption either more expensive energy than scarce energy resources in a growing economy. Under this concept energy efficiency has been established as one of the main pillars of energy policy in Uruguay since 2005. A recently approved Law provides 4-axis of action to promote energy efficiency: building of institutional structure and long-term framework necessary for nationwide development, ensuring consumers access to adequate information, facilitating the access to finance and economic resources to encourage energy efficiency projects and, removing tax and administrative barriers to energy efficiency.

  17. Legal Status Of The Election Organizer Ethics Council An Analysis Of Indonesian Election Systems

    Directory of Open Access Journals (Sweden)

    Ardin

    2015-08-01

    Full Text Available This research aims to identify and to analyze the legal status of the Election Organizer Ethics Council in the General Election in Indonesia. This research is a normative research by using statute approach official records and the judges verdict which is then described qualitatively. These results indicate that the legal status of the Election Organizer Ethics Council in the general election in Indonesia as supporting organ that serves to uphold ethics rule of ethics and guarding democracy. The authority of Election Organizer Ethics Council in the general election in Indonesia sometimes out of authority. Ideal concept of the legal status of the Election Organizer Ethics Council in general elections was as supporting organ which have the infrastructure secretary general and administrative staff so it has a public legal entity as similar to the Election organizers serve as code of ethics enforcement agencies code of ethics and can equated to other state institutions.

  18. Legal and institutional tools to mitigate plastic pollution affecting marine species: Argentina as a case study.

    Science.gov (United States)

    González Carman, Victoria; Machain, Natalia; Campagna, Claudio

    2015-03-15

    Plastics are the most common form of debris found along the Argentine coastline. The Río de la Plata estuarine area is a relevant case study to describe a situation where ample policy exists against a backdrop of plastics disposed by populated coastal areas, industries, and vessels; with resultant high impacts of plastic pollution on marine turtles and mammals. Policy and institutions are in place but the impact remains due to ineffective waste management, limited public education and awareness, and weaknesses in enforcement of regulations. This context is frequently repeated all over the world. We list possible interventions to increase the effectiveness of policy that require integrating efforts among governments, the private sector, non-governmental organizations and the inhabitants of coastal cities to reduce the amount of plastics reaching the Río de la Plata and protect threatened marine species. What has been identified for Argentina applies to the region and globally. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. A Legal Analysis of Safeguard Measures in the European Community

    Directory of Open Access Journals (Sweden)

    Guang Ma

    2006-12-01

    Full Text Available In 2002, the European Community imposed its first safeguard measure since the establishment of the WTO. And in 2003, it introduced two new regulations on safeguard measures, namely the “Council Regulation on a transitional product- specific safeguard mechanism for imports originating in the People's Republic of China” and the “Council Regulation on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures." In this article, the author analyzes these safeguard measures and the European Commission's practice of such measures. By comparing the safeguard laws and their practice, it is the author's intention to clarify whether the safeguard measures in thIn 2002, the European Community imposed its first safeguard measure since the establishment of the WTO. And in 2003, it introduced two new regulations on safeguard measures, namely the "Council Regulation on a transitional product- specific safeguard mechanism for imports originating in the People's Republic of China" and the "Council Regulation on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures." In this article, the author analyzes these safeguard measures and the European Commission's practice of such measures. By comparing the safeguard laws and their practice, it is the author's intention to clarify whether the safeguard measures in the European Community comply with the WTO Agreement on Safeguards. In conclusion, based on the analysis of safeguard measures in the European Community's legal system and their practice in actual cases, it apparent that the European Community is making a serious effort to comply with the standards of the WTO Safeguards Agreement. In certain respects, the European Community has a comparatively higher level of standards than the WTO. Nevertheless, there continue to be challenges to WTO

  20. Summary of the New England conference on legal and institutional incentives to small-scale hydroelectric development (Boston Massachusetts, January 30-31, 1979)

    Energy Technology Data Exchange (ETDEWEB)

    1980-05-01

    The New England Conference on Legal and Institutional Incentives to Small Scale Hydroelectric Development examined the legal and institutional problems confronting small-scale hydroelectric potential of the northeast. Representatives from DOE, FERC, state legislatures, state public service commissions, private developers, and environmental groups attempted to evaluate the state of hydroelectric development in New England. The meeting began with an introductory panel followed by workshops addressing four topics: Federal regulatory systems, state regulatory systems, the economics of small-scale hydroelectric development, and systems dynamics and the systems dynamics model. Comments by the Honorable Georgiana H. Sheldon, FERC, are presented.

  1. [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.

  2. Health Manpower Credentialing: Legal Implications of Institutional Licensure. Health Manpower Policy Discussion Paper Series No.: C3.

    Science.gov (United States)

    Crane, Stephen

    The objective of this analysis is to outline in broad fashion the current trends and issues in the licensure of health manpower and to contrast two proposed alternative systems of credentialing that focus on licensure of health care institutions instead of individual health care providers. The argument of the analysis is that the current system of…

  3. Legal, political, and institutional implications of the seabed assessment program for radioactive waste disposal

    International Nuclear Information System (INIS)

    Deese, D.A.

    1977-01-01

    Sub-seabed disposal of high-level radioactive waste is discussed. The following conclusions are drawn: The outcome will be determined largely by the national political stances taken toward a sub-seabed disposal program. Political and diplomatic responses from individual countries should be expected to be heavily influenced by the number, type, and timing of options available for high-level waste disposal. The budgetary and institutional support Washington gives to the sub-seabed program will have a crucial influence on the progress of sub-seabed science and technology over the next three to five years. Despite the growing need of nations, such as Japan and Britain, for a high-level waste disposal option, a sub-seabed program will probably not be employed if it is not strongly funded and supported by the United States. Clearly, there are enough level and political obstacles to destroy or delay a sub-seabed disposal program. The nontechnical hurdles to seabed disposal at least equal the scientific and technical ones. But, on the other hand, there are important potential social and political benefits to be gained from any serious attempt to mount a successful sub-seabed program. These lie principally in international cooperation on waste management, environmental protection, nonproliferation of nuclear weapons, and governing the deep seabed

  4. Institutional analysis of condominium management system in ...

    African Journals Online (AJOL)

    This study analyses the condominium management system in Amhara region in Ethiopia. Bahir Dar, which is the capital city of the Amhara National Regional State, was selected as a case to illustrate the issue under study. The paper used an institutional analysis and development (IAD) framework. The study revealed that ...

  5. Analysis of technological, institutional and socioeconomic factors ...

    African Journals Online (AJOL)

    Analysis of technological, institutional and socioeconomic factors that influences poor reading culture among secondary school students in Nigeria. ... Proliferation and availability of smart phones, chatting culture and social media were identified as technological factors influencing poor reading culture among secondary ...

  6. INHERENT VICE & INSUFFICIENT PACKING CLAUSES FOR ALL RISKS INSURANCE POLICIES UNDER BRITISH INSTITUTE CARGO CLAUSES : legal issues arising from claims of loss during sea transportation of large technical equipments

    OpenAIRE

    Cheng, Jia

    2010-01-01

    Analysis and presentation of this thesis is supported by studies of many relevant cases where the major arguments are set around the exclusion clauses concerning the ‘all risks cover’ policy as found in Institute Cargo Clauses. Two cases are especially emphasized, namely Mayban General Assurance BHD v. Alstom Power Plants Ltd. and Global Process Systems Inc v. Syarikat Takaful Malaysia Berhad , mainly because of the special nature of the subject matter insured in these cases. The legal i...

  7. THE OCCUPATIONAL STRESS ON HEALTH’S PROFESSIONALS TO LEGAL MEDICAL INSTITUTE LEONIDIO RIBEIRO, FEDERAL DISTRICT - BRAZIL

    Directory of Open Access Journals (Sweden)

    P. C. Quaresma

    2016-02-01

    Full Text Available Occupational stress is defined as a psychological syndrome resulting in chronic interpersonal stressors at work and characterized by emotional exhaustion, depersonalization, and reduced personal accomplishment. It is observed that the pressures generated by continuous social and economic changes have made the individual more vulnerable to psychosomatic and organic pathologies. As a condition with high incidence rate you have, the stress has a negative impact on occupational life of the individual. This study was conducted on health-care workers of the LMI (Legal Medical Institute of the Federal District, Brazil; who work in the areas of anatomy, nursing, laboratory, radiology and medicine and is justified by the development of professional activities. The methodology used in this article was a descriptive study with a qualitative and quantitative approach as a tool for data collection was used a structured questionnaire with closed questions about the activities that will evoke stress on work activities. Fourty-nine per cent have more than 10 years of service time and 54.7 % (n = 53, rank among medium and high load stress suffering. The answers on the elements that are evocative of stress, 75 % think that 'deal with the pain of the family', with 51 % and 'removal of corpses in hard-to access/dangerous', with 24%, the most important stressors. We can consider that the occupational stress experienced by professionals in DF, Brazil, LMI should not be ignored by the institution , since its employees are subject to a great physical and mental load, which, if ignored even for short periods, may, at some point, lead to depletion of capacity for work, causing losses in the professional quality of life and, consequently, reduced the productivity of the institution as a result of increased absence professional.

  8. Legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake

    Science.gov (United States)

    Suprihadi, Bambang

    2017-07-01

    The Asian Disaster Reduction Center informed that on 27 May 2006 at 5:54 AM Local time or 26 May 2006 at 10:54:00 PM UTC, an M6.3 earthquake has struck the very highly populated region of Yogyakarta. The death estimated between 5,775 and 6,234 and the number of injured was between 46,000 and 53,000. Invitation letters were sent to Indonesia Agency for Meteorology Climatology and Geophysics (BMKG) and to 18 government institutions for attending the session at the Yogyakarta Court on 4 December 2006. Such case was a lawsuit proposed by 46 citizens and registered as number 73/PDT.G/ 2006/PN-Yk and the researcher attended court-session on behalf of the BMKG. Research is conducted to provide legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake. Data was collected by examining the process of court sessions and mediation between Parties involved which then analysed using the relevant articles of Indonesian Civil Procedural Law. Legal analysis proposed by the researcher indicates that State Court (Pengadilan Negeri) held an `absolute competence' because such case shall not be settled by State Administrative Court (Pengadilan Tata Usaha Negara), however Yogyakarta District Court didn't hold a `relative competence' because such case shall be settled by the Central Jakarta District Court. Such case was not continued due to successful mediation between the two Parties. The 2006 Yogyakarta earthquake alerts BMKG as the earthquake information provider to work properly in accordance with the standard operating procedure to avoid citizen lawsuit that might be proposed in the near future.

  9. An analysis of the legal protection of pregnancy and maternity at the workplace in Malaysia

    OpenAIRE

    Bhatt, Jashpal Kaur

    2017-01-01

    This thesis examines the scope of the legal protection of pregnancy and maternity with respect to private sector workers in Peninsular or West Malaysia. The analysis focuses on how effectively the law deals with the adverse or unfavourable treatment of women workers in respect of pregnancy and maternity. The feminized workplace in Malaysia is assessed to determine the manner in which women’s ‘double burden’ in productive and reproductive labour results in the various legal issues fac...

  10. Performance Analysis of Microfinance Institutions of India

    Directory of Open Access Journals (Sweden)

    Muhammad Azhar Ikram Ahmad

    2014-12-01

    Full Text Available This is a study of Microfinance Institutions-MFIs of India. It includes analysis of MFIs of India. This study includes analysis of performance of microfinance institutions with reference to both financial and non-financial ways. Performance of microfinance institutions is measured using four parameters, which are sustainability/profitability, outreach, operational and financial efficiency. Data is taken of 99 Microfinance Institutions of India from the Microfinance Information Exchange for a period of 11 years. Variables of this study are both in absolute and relative terms. The endogenous variables are Return on Assets and Return on Equity for sustainability, Number of Borrowers per Staff Member for operational efficiency, Cost per Borrower for financial efficiency, and Number of Active Borrowers for outreach. Panel data analysis is done after checking the assumptions of the model. Hausman Test is applied to find out the suitability of Fixed or Random Effect Model. Both random and fixed effect were found suitable for application. In addition to this descriptive analysis of the variables is also done. The results show that most of the variables used in the study are significant in outreach model; other than rank, financial revenue to assets ratio, portfolio at risk, deposits, and capital to assets ratio all other variables are significant in case of sustainability using ROA model and same variables are found insignificant in ROE model except financial expense to assets ratio; in financial efficiency model both significant and insignificant variables are found; and in case of operational efficiency all variables are found significant.

  11. Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

    Science.gov (United States)

    Caulkins, Jonathan P; Kilmer, Beau

    2016-12-01

    In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

  12. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  13. Analysis of legal and economic aspects of precipitation weather derivatives for Serbian agricultural sector

    Directory of Open Access Journals (Sweden)

    Veselinović Janko

    2014-01-01

    Full Text Available Weather derivatives are not present in Serbia nor in the neighbouring countries and have no significant application in the European Union, either. Weather derivatives originated in the USA, where the market for these instruments is most developed, in terms of both economy and law. However, positive effects of their application, through the decrease of influence of unfavourable weather conditions on agricultural crops, are a good basis for their further study. The most common reasons for their absence from our financial market are their complexity and the inexistence of prerequisites for their introduction. This paper analyses legal and economic aspects of weather derivatives, as forms of financial derivatives, as well as weather derivative contracts concluded with the aim of hedging against precipitation exposure. The goal of the analysis is to find an optimal contract structure, but also the conditions that have to be met in order for its signing to be economically justified for both contractual parties, as well as the creation of preconditions for this weather derivative contract to be the instrument of trade on the financial market. The paper also analyses normative frameworks for the conclusion of these derivative contracts, as well as the necessity to educate market participants, which refers both to agricultural producers and financial institutions. Furthermore, it emphasizes the difference in relation to the classical contract of insurance against drought risk.

  14. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  15. Institutional Analysis and Ecosystem-Based Management: The Institutional Analysis and Development Framework.

    Science.gov (United States)

    Imperial

    1999-11-01

    / Scholars, government practitioners, and environmentalists are increasingly supportive of collaborative, ecosystem-based approaches to natural resource management. However, few researchers have focused their attention on examining the important administrative and institutional challenges surrounding ecosystem-based management. This paper describes how the institutional analysis and development (IAD) framework can be used to better understand the institutional arrangements used to implement ecosystem-based management programs. Some of the observations emanating from previous research on institutional design and performance are also discussed. The paper's central argument is that if this new resource management paradigm is to take hold and flourish, researchers and practitioners must pay closer attention to the questions surrounding institutional design and performance. This should help improve our understanding of the relationship between science and human values in decision making. It should also help researchers avoid making faulty policy recommendations and improve the implementation of ecosystem-based management programs.KEY WORDS: Ecosystem management; Watershed management; Common pool resources; Implementation; Institutional analysis; Evaluation; Policy analysishttp://link.springer-ny.com/link/service/journals/00267/bibs/24n4p449.html

  16. An integrated strategy for aircraft/airport noise abatement: A legal-institutional control act section 7 to the noise control act of 1972 and proposals based thereon

    Science.gov (United States)

    Mayo, L. H.

    1975-01-01

    The development of the aircraft noise control structure since the Griggs case of 1962 was examined. The Noise Control Act of 1972 is described which undertook to establish the legal-institutional framework within which an adequate aircraft/airport noise abatement program might be initiated with concern for full recognition of all the beneficial and detrimental consequences of air transportation and appropriate distribution of benefits and costs.

  17. Legal Environment Against Online Identity Theft: Comparative Analysis of USA’s and Lithuania’s Legislation

    Directory of Open Access Journals (Sweden)

    Paulius Pakutinskas

    2011-08-01

    Full Text Available Summary. The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration asit is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft.In this article

  18. Institutional analysis of health system governance.

    Science.gov (United States)

    Abimbola, Seye; Negin, Joel; Martiniuk, Alexandra L; Jan, Stephen

    2017-11-01

    It is important that researchers who study health system governance have a set of collective understandings of the meanings of governance, which can then inform the methods used in research. We present an institutional framing and definition of health system governance; that is, governance refers to making, changing, monitoring and enforcing the rules that govern the demand and supply of health services. This pervasive, relational view of governance is to be preferred to approaches that focus primarily on structures of governments and health care organizations, because health system governance involves communities and service users, and because governments in many low- and middle-income countries tend to under-govern. Therefore, the study of health system governance requires institutional analysis; an approach that focuses not only on structures, but also on the rules (both formal and informal) governing demand and supply relations. Using this 'structure-relations' lens, and based on our field experience, we discuss how this focus could be applied to the three approaches to framing and studying health system governance that we identified in the literature. In order of decreasing focus on structures ('hardware') and increasing focus on relations ('software'), they are: (1) the government-centred approach, which focuses on the role of governments, above or to the exclusion of non-government health system actors; (2) the building-block approach, which focuses on the internal workings of health care organizations, and treats governance as one of the several building blocks of organizations; and (3) the institutional approach, which focuses on how the rules governing social and economic interactions are made, changed, monitored and enforced. Notably, either or both qualitative and quantitative methods may be used by researchers in efforts to incorporate the analysis of how rules determine relations among health system actors into these three approaches to health system

  19. Insult in Context: Incorporating Speech Act Theory in Doctrinal Legal Analysis of Interpretative Discussions

    NARCIS (Netherlands)

    H.T.M. Kloosterhuis (Harm)

    2015-01-01

    textabstractIn this article, I want to show that some doctrinal problems of legal interpretation and argumentation can be analysed in a more precise way than a standard doctrinal analysis, when we use insights from speech act theory and argumentation theory. Taking a discussion about the accusation

  20. A Legal Analysis and Contrarian View of the Syllabus-as-Contract Perspective

    Science.gov (United States)

    Kaufmann, Kent D.

    2015-01-01

    Despite the claim made in the scholarship of teaching and learning (SoTL) literature for over two decades that a syllabus is a contract, the courts have uniformly ruled that it is not. While there is no harm in thinking one's syllabus is a contract, there may be legal risk in proclaiming it so. The author provides an analysis of the…

  1. 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)

  2. Legal aspects of financial analysis in agribusiness companies in Serbia

    Directory of Open Access Journals (Sweden)

    Majstorović Aleksandar

    2016-01-01

    Full Text Available As a company is a living organism, its growth and development depends on the adequacy of planning, control and analytical procedures that are in use in all aspects of their own business. Under such conditions, the accounting analysis involves primarily adequate monitoring already included in the displayed information contained in the financial statements and in particular the analysis of data that are essential to the operation of any enterprise. Knowledge and the application of modern accounting analysis will give to the agribusiness company management a wide range of options in terms of uninterrupted growth and development of the agribusiness company in accordance with a pre-designed and presented vision and mission.

  3. Hazards and occupational risk in hard coal mines - a critical analysis of legal requirements

    Science.gov (United States)

    Krause, Marcin

    2017-11-01

    This publication concerns the problems of occupational safety and health in hard coal mines, the basic elements of which are the mining hazards and the occupational risk. The work includes a comparative analysis of selected provisions of general and industry-specific law regarding the analysis of hazards and occupational risk assessment. Based on a critical analysis of legal requirements, basic assumptions regarding the practical guidelines for occupational risk assessment in underground coal mines have been proposed.

  4. Analysis of Municipal Pipe Network Franchise Institution

    Science.gov (United States)

    Yong, Sun; Haichuan, Tian; Feng, Xu; Huixia, Zhou

    Franchise institution of municipal pipe network has some particularity due to the characteristic of itself. According to the exposition of Chinese municipal pipe network industry franchise institution, the article investigates the necessity of implementing municipal pipe network franchise institution in China, the role of government in the process and so on. And this offers support for the successful implementation of municipal pipe network franchise institution in China.

  5. The Art of the Reveal: Undocumented High School Students, Institutional Agents, and the Disclosure of Legal Status

    Science.gov (United States)

    Murillo, Marco A.

    2017-01-01

    For many undocumented youth, the end of high school and transition to adulthood is the first time they grapple with being undocumented. Given the negative social stigma attached to being undocumented, many youth may hesitate to reveal their legal status to a teacher or other school personnel. The purpose of this study was to identify the contexts…

  6. Threat Assessment Teams: A Model for Coordinating the Institutional Response and Reducing Legal Liability when College Students Threaten Suicide

    Science.gov (United States)

    Penven, James C.; Janosik, Steven M.

    2012-01-01

    Increasing numbers of college students with mental health issues are enrolling in college. If these students threaten suicide they present serious legal issues for college officials. Lack of communication and coordination of a response to these students exacerbates the issue. Threat assessment teams can serve as mechanisms to coordinate the…

  7. 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

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

    Science.gov (United States)

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

    2012-05-01

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

  9. Expropiation and seizure goods as penalties for drug traffic. Economic analysis of the legal regime

    Directory of Open Access Journals (Sweden)

    Manuel Alberto Restrepo-Medina

    2010-03-01

    Full Text Available This article through the use of economic categories tries to identify the reasons that did not allow that former legislation (Law 333 1996 produced the result expected from the administration of seizure goods. This law pretended that this goods were not only productive, but also that they may generate employment. It is proposed in this article some remedies for the problems that were not solve by the new legislation (laws 785-793 2002 with the aim to establish the legal and institutional adjustments that permit that permit the fulfillment of the original objectives.

  10. 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…

  11. Proceedings of second geopressured geothermal energy conference, Austin, Texas, February 23--25, 1976. Volume V. Legal, institutional, and environmental

    Energy Technology Data Exchange (ETDEWEB)

    Vanston, J.H.; Elmer, D.B.; Gustavson, T.C.; Kreitler, C.W.; Letlow, K.; Lopreato, S.C.; Meriwether, M.; Ramsey, P.; Rogers, K.E.; Williamson, J.K.

    1976-01-01

    Three separate abstracts were prepared for Volume V of the Proceedings of the Conference. Sections are entitled: Legal Issues in the Development of Geopressured--Geothermal Resources of Texas and Louisiana Gulf Coast; The Development of Geothermal Energy in the Gulf Coast; Socio-economic, Demographic, and Political Considerations; and Geothermal Resources of the Texas Gulf Coast--Environmental Concerns arising from the Production and Disposal of Geothermal waters. (MCW)

  12. Legal Culture as the Determinant of Value Orientations in Youth in the Society of the Transition Period (Philosophical Analysis)

    Science.gov (United States)

    Kulzhanova, Zhuldizay T.; Kulzhanova, Gulbaram T.

    2016-01-01

    This research is devoted to the philosophical analysis of legal culture as a determinant of value orientations in the transition period society. The purpose of the study is to discover the essence and specificity of legal culture as a determinant of value orientations in a transition society from the philosophical perspective. In accordance with…

  13. Gender mainstreaming in legal education in Serbia: A pilot analysis of curricula and textbooks

    Directory of Open Access Journals (Sweden)

    Vujadinović Dragica

    2017-01-01

    Full Text Available The general aim of this paper is to initiate a long-lasting systemic process of reviewing higher education in Serbia from a gender-sensitive point of view, and to offer initial input for building action plans and policies oriented towards this goal. The main focus is on analyzing legal studies from a gender-sensitive point of view and on initiating gender mainstreaming within law schools. However, this paper can aspire only to modest achievements, dealing solely with preliminary research of legal studies, with a limited but a representative sample. Namely, only two accredited study programs at two public university faculties of law in Serbia - at the Faculty of Law in Belgrade and the Faculty of Law in Niš - were taken into consideration. This pilot analysis is based on an established methodology for gender-sensitive analysis of curricula as well as of syllabi and textbooks for certain legal courses. The mentioned methodology introduces specific gender-sensitive indicators as well as three categories for assessing learning outcomes of study programs, syllabi and textbooks: gender-negative, gender-neutral, and gender-sensitive. The focus of the investigation was on of the following courses: Sociology of Law, Constitutional Law, Family Law, Labor Law, and Criminal Law. The meaning and importance of gender mainstreaming in law schools is explained in the Introduction. The normative and strategic framework for gender mainstreaming in higher education in Serbia is presented in the second chapter. The main focus of analysis - the reconsideration of curricula and textbooks from a gender perspective - is elaborated through the following three chapters: the third chapter explores the main indicators of the gender-sensitive analysis of legal education; the fourth is devoted to the analytical framework and methodology of investigation; chapter five presents the research results and their interpretation. The concluding notes clarify discrepancies between

  14. The use of 'macro' legal analysis in the development of global environmental governance

    OpenAIRE

    Turner, Stephen

    2016-01-01

    This talk will discuss the challenges that are faced by lawyers in assessing the constituent elements of global environmental governance. It takes into account the different and sometimes disparate approaches that have been taken to the subject and the different interpretations of the term ‘global environmental governance’ itself. It suggests that in the face of such challenges an approach which includes ‘macro’ legal analysis should be developed to ensure that all relevant factors are includ...

  15. TTI Phase 2 Institutional Support: Centre for Poverty Analysis | IDRC ...

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

    TTI Phase 2 Institutional Support: Centre for Poverty Analysis. This funding will strengthen the Centre for Poverty Analysis' (CEPA) role as a credible public policy institution in Sri Lanka by enhancing its ability to provide high-quality, influential, and policy-relevant research. About the Centre for Poverty Analysis CEPA is an ...

  16. HIV/AIDS situational analysis among tertiary institutions in the ...

    African Journals Online (AJOL)

    The situational analysis was organised into sections dealing with SWOT analysis, risk analysis, management strategies, prevention activities and partnerships. The SWOT and risk analyses showed some notable activities on how the institutions have responded to HIV/AIDS. The institutions had implemented HIV/AIDS ...

  17. Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

    Directory of Open Access Journals (Sweden)

    Samantha Watts

    2016-04-01

    Full Text Available This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries. This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species

  18. The Legal Road To Replicating Silicon Valley

    OpenAIRE

    John Armour; Douglas Cumming

    2004-01-01

    Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...

  19. Development of orgware of borrower - legal entity’s solvency analysis

    Directory of Open Access Journals (Sweden)

    Vygovska N.G.

    2017-03-01

    Full Text Available The article is devoted to the development of orgware of borrower - legal entity’s solvency analysis. The authors investigate the orgware of solvency estimation mechanism in two aspects: 1 as the aggregate of the organizational stages of solvency estimation; 2 as an organizational structure and co-operation between different structural subdivisions of bank. The paper itemizes and specifies the stages of orgware of borrower - legal entity’s solvency analysis according to such signs as the purpose of the stage; responsible for the stage; the issues studied on the stage; documenting, duration and features of the organizational stage. The documentary providing of the process organization of solvency analysis is improved, namely, the appendix to executive Summary «Estimation of off-balance sheet obligations (off-balance sheet risks of borrower on the project credited» is offered. The authors’ attention is paid to the existence (in international practice of two methods of organization process of enterprises-borrowers’ rating: 1 oriented to the external rating and 2 oriented to the internal rating, their advantages and disadvantages are identified. The article offers the algorithm of informative co-operation of basic subjects of borrower’s solvency analysis after the selected organizational stages at forming of the internal credit rating, which will be instrumental in the improvement of process of enterprises’ crediting, standardization of procedure, and decline of crediting risks.

  20. Fragmentation in the Governance of EU External Relations: Legal Institutional Dilemmas and the New Constitution for Europe

    NARCIS (Netherlands)

    Wessel, Ramses A.; de Zwaan, Jaap W.; Kellermann, Alfred E.

    2004-01-01

    The European Union, an Ongoing Process of Integration contains 27 original contributions authored by prominent EU lawyers from academia and practice and concentrates on the three main areas of European integration that mark the career path of Alfred E. Kellermann: institutional and constitutional

  1. Stakeholders Analysis of Policy-Making Process: The Case of Timber Legality Policy on Private Forest

    Directory of Open Access Journals (Sweden)

    Mulyaningrum Mulyaningrum

    2013-08-01

    Full Text Available The objective of the study is to identify and measure the relationships among stakeholders that influence the process of policy-making in defining legality of timber from private forests. The study focuses on the policy-making process of the Ministry of Forestry Regulation P.38/Menhut-II/2009 on Standard and Guidelines for Assessment of Sustainable Forest Management Performance and Timber Legality Verification of Concessionaire or of the Private Forest License Holder as the subject that has been implemented in several private forest management units as follow: Giri Mukti Wana Tirta in Lampung, Koperasi Serba Usaha APIK in Bali, Koperasi Hutan Jaya Lestari in South East Sulawesi, and Koperasi Wana Lestari Menoreh Kulonprogo in Yogyakarta. This research used a qualitative approach and the analysis method used in this research is a modified-stakeholder analysis that developed by ODA (1995, Reitbergen et al. (1998, and Mayer (2005. The stakeholder analysis shows that the interests and influences do not consider private forest farmers as primary stakeholder during  the process of policy formulation.  The strong national and international interests, supported by high authority could not be influnced by the role of the NGOs and academicians. The imbalance of responsibilities, rights, and revenues that was experienced by  farmers as the manager of private forest when started implementing the policy was more as burdens, it means implementation of the policy was more as burdens. Strong relationships between the Ministry of Forestry with the state as a core could not empower the relationship with private forest farmers. As result, policy assumptions cannot be implemented properly.Keywords: policy making process, timber legality, private forest, stakeholder.DOI: 10.7226/jtfm.19.2.156

  2. Decree No. 2.363 of 21 October 1987 abolishing the National Institute of Colonization and Agrarian Reform--INCRA, creating the Legal Institute of Rural Land--INTER, and other measures.

    Science.gov (United States)

    1989-01-01

    This Decree abolishes the Brazilian National Institute of Colonization and Agrarian Reform (INCRA) and creates a Legal Institute of Rural Land (INTER) linked to the Ministry of Agrarian Reform (MIRAD) to perform the activities of INCRA. MIRAD will henceforth be responsible for the rights, powers, and obligations of INCRA and will supervise INCRA's property and resources. In this capacity MIRAD will supervise, coordinate, and execute activities related to agrarian reform and agricultural policy. Among these activities are the promotion of social justice and productivity through 1) the just and adequate distribution of ownership of rural land, 2) limitation of the acquisition of rural property by foreigners, and 3) encouragement of the harmonious development of rural life. In developing such activities MIRAD is to make use of legal measures contained in land law, including those relating to the selection of public rural lands, the privatization of rural land through regularization of ownership, colonization, zoning, and taxation. It is also authorized to expropriate and distribute unexploited or improperly exploited land to worker families, with priority going to labor cooperatives. Further provisions establish rules on expropriation. Among these is the requirement that forests must be protected.

  3. Analysis of the Ethical, Legal and Economic Domains of Corporate Social Responsibility: A Business Case

    Directory of Open Access Journals (Sweden)

    Diana Carolina Peláez Villada

    2013-12-01

    Full Text Available The tendency of organizations is to achieve positioning and legitimacy through strategies of corporate social responsibility (CSR. This article focuses on the analysis of CSR practices and it seeks, through a business case, to define a method to examine the benefits of its application in society and in organizations. From the proposal of Schwartz (2011 on the domains of corporate social responsibility, where the ethical, economic, and legal dimensions of philanthropic organizations converge, financial reports and social balances of a company, were studied, where we identified, financial, ethical, and tax variables which allowed us to establish the orientation and balance between social responsibility practices and corporate image.

  4. Institutions and Bank Performance; A Stochastic Frontier Analysis

    NARCIS (Netherlands)

    Lensink, B.W.; Meesters, A.

    2014-01-01

    This article investigates the impact of institutions on bank efficiency and technology, using a stochastic frontier analysis of a data set of 7,959 banks across 136 countries over 10 years. The results confirm the importance of well-developed institutions for the efficient operation of commercial

  5. Legal status of minister's notices and technology standards of 'Korea institute of nuclear safety'(KINS) to regulate nuclear safety

    International Nuclear Information System (INIS)

    Jung, S. K.; Jung, M. M.; Kim, S. W.; Jang, K. H.; Oh, B. J.

    2003-01-01

    Concerning nuclear safety or technology standards, each of 'notices' issued by minister of science and technology(MOST) empowered by law of its regulation is obviously forceful as a law, if not all. But the standards made by the chief of Korea institute of nuclear safety(KINS) to meet the tasks entrusted to KINS by MOST is only conditionally forceful as a law, that is, on the condition that law or regulation empowered the chief of KINS to make nuclear safety and/or technology standards

  6. Pareto analysis of critical factors affecting technical institution evaluation

    Directory of Open Access Journals (Sweden)

    Victor Gambhir

    2012-08-01

    Full Text Available With the change of education policy in 1991, more and more technical institutions are being set up in India. Some of these institutions provide quality education, but others are merely concentrating on quantity. These stakeholders are in a state of confusion about decision to select the best institute for their higher educational studies. Although various agencies including print media provide ranking of these institutions every year, but their results are controversial and biased. In this paper, the authors have made an endeavor to find the critical factors for technical institution evaluation from literature survey. A Pareto analysis has also been performed to find the intensity of these critical factors in evaluation. This will not only help the stake holders in taking right decisions but will also help the management of institutions in benchmarking for identifying the most important critical areas to improve the existing system. This will in turn help Indian economy.

  7. Online E-cigarette Marketing Claims: A Systematic Content and Legal Analysis.

    Science.gov (United States)

    Klein, Elizabeth G; Berman, Micah; Hemmerich, Natalie; Carlson, Cristen; Htut, SuSandi; Slater, Michael

    2016-07-01

    Electronic nicotine delivery systems (ENDS), or e-cigarettes, are heavily marketed online. The purpose of our study was to perform a systematic identification and evaluation of claims made within ENDS retailer and manufacturer websites, and the legal status of such claims. We employed a systematic search protocol with popular search engines using 6 terms: (1) e-cigarettes; (2) e-cigs; (3) e-juice; (4) e-liquid; (5) e-hookah; and (6) vape pen. We analyzed English-language websites where ENDS are sold for implicit and explicit health-related claims. A legal analysis determined whether such claims are permissible under the US Food and Drug Administration's regulations. The vast majority of ENDS manufacturer (N = 78) and retailer (N = 32) websites made at least one health-related claim (77% and 65%, respectively). Modified risk claims and secondhand smoke-related claims were most prevalent, with an average of 2 claims per site. Health-related claims are plentiful within ENDS manufacturer and retailer websites. Results demonstrate that these sites focus on potential benefits while minimizing or eliminating information about possible harmful effects of ENDS. These claims are subject to the current regulatory authority by the FDA, and pose a risk of misinforming consumers.

  8. The use of ‘macro’ legal analysis in the understanding and development of global environmental governance

    OpenAIRE

    Turner, Stephen J.

    2017-01-01

    This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines such as environmental law, trade law, corporate law, and human rights law, results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating o...

  9. An Institutional Theory Analysis of Charter Schools: Addressing Institutional Challenges to Scale

    Science.gov (United States)

    Huerta, Luis A.; Zuckerman, Andrew

    2009-01-01

    This article presents a conceptual framework derived from institutional theory in sociology that offers two competing policy contexts in which charter schools operate--a bureaucratic frame versus a decentralized frame. An analysis of evolving charter school types based on three underlying theories of action is considered. As charter school leaders…

  10. Legal and institutional aspects of the Public Auction 038/08 to approve changes in the authorizations of small hydroelectric power plant: absence of risk analysis; Aspectos legais e institucionais da audiencia publica 038/08 para aprovar mudancas na autorizacao de PCHS: a analise de riscos que faltou fazer

    Energy Technology Data Exchange (ETDEWEB)

    Pugnaloni, Ivo Augusto de Abreu [Enercons Consultoria em Energia Ltda, Curitiba, PR (Brazil)], E-mail: ivo@enercons.com.br

    2011-07-15

    The National Regulation Agency of Electrical Energy of Brazil, ANEEL, submitted to the Public Auction 038/08, a new project of regulation destined to turn easier the authorization of small hydropower stations, without mention to the risks that the new criteria could bring, moreover to the environment. This work does an analysis about this risks to the investors, to the riverside communities, and the society. With information from the site www.aneel.gov.br the work shows the important difficulties that ANEEL has, in terms of personal quantities, to approve projects and accomplish the supervising of construction activities. The work concludes that this is the true cause of the actual retard in the project and conclusion of the plants and that the new rules contain many and important risks. And more, that if the actual ANEEL difficulties still being, they have the capacity to turn Brazil more dependant of natural gas to supply its necessities of electric energy. (author)

  11. The Efficiency of Zakah Institutions Using Data Envelopment Analysis

    Directory of Open Access Journals (Sweden)

    Aam Slamet Rusydiana

    2016-07-01

    Full Text Available Although social based, but in its management the Zakah Institutions need to uphold professionalism, transparency and accountability. Most recently, in the measurement of the effectiveness of the management of zakah fund, known Zakah Core Principles concept. This study would try to measure the efficiency of 3 (three Zakah Institutions with Data Envelopment Analysis (DEA method. Banxia Frontier Analyst 3.1 used in data calculation. The calculation of the level of Zakah Institutions efficiency in this study are relative, not absolute. The results show that there is 12 fully efficient Decision Making Unit (DMU Zakah Institution (100% efficient and 6 DMU inefficient. The main factor inefficiency Zakah Institution from 2007 to 2014 due to the distribution of zakah funds to ashnaf. It is still less than optimal. So it has not been able to resolve the problem of poverty. DOI: 10.15408/aiq.v8i2.2876

  12. The Contingent Governance of Teams: Analysis of Institutional Complementarity.

    OpenAIRE

    Aoki, Masahiko

    1994-01-01

    The first purpose of this paper is to design a model of governance structure, called the contingent governance, which can control the free-riding problem in teams in the second-best manner. The second is to show, by a new method of comparative static analysis, that the effectiveness of the contingent governance may be enhanced by complementary institutional arrangements of the imperfect labor market and bank-centered financial system. The paper discusses the implications of such institutional...

  13. Occupational health and safety management systems - An institutional analysis

    OpenAIRE

    Rocha, Robson

    2008-01-01

    The analysis in this paper concerns how national institutions impact the implementation of occupational healthy and safety management systems (OHSMS) in different types of market economies. The main objective is to show how variation in national institutional frameworks influences the implementation of OHSMS, and thus, relative performance. There are two main conclusions. First, dominating organisational templates and co-operative industrial relations structures allow firms from coordinated m...

  14. The institutional investor stewardship myth : A theoretical, legal and empirical analysis of prescribed institutional investor stewardship in a Dutch context

    NARCIS (Netherlands)

    Melis, D.A.M.

    2014-01-01

    The Enron scandal marked the beginning of an era in which corporate governance of listed companies became a central theme in the public debate. Regulators responded en masse in an attempt to restore confidence in the capitalistic system. Rules were established that placed greater demands on the way

  15. Economic Analysis of Legal Regulations Regarding Liability for Loss Resulting from a Dangerous Product

    Directory of Open Access Journals (Sweden)

    Joanna Kuźmicka-Sulikowska

    2013-06-01

    Full Text Available The article considers fundamental issues associated with economic analysis of legal regulations pertaining to liability for damage caused by a dangerous product. The discussion is conducted from the perspective of a lawyer analysing the conclusions stemming from economic analyses of the aforementioned liability by individual authors, which constitutes a base for subsequent observations. The relationships between the various potential configurations of manufacturer liability are discussed, in particular a situation where such liability is not stipulated, as well as where there is the introduction of liability based on the risk or fault principles and the ensuing motivation for maintaining an appropriate level of carefulness. Attention is focused on the search for an economically efficient solution. An analysis of current regulation is performed, as well as de lege ferenda conclusions grounded in economic analysis of law with reference to the shape of the regulatory liability regime for damage caused by a dangerous product. Many reservations are also listed, including ones concerning the fact that it does not seem that the legislative process should be guided only by conclusions stemming from economic analysis of law (especially considering the differences of opinion in that area, which does, however, unquestionably constitute a useful tool in such matters.

  16. The Seizure of Shares Due to Shareholder’s Personal Debt: a Historical Study of the Evolution of the Legal Treatment and Case Law Towards The Institute

    Directory of Open Access Journals (Sweden)

    Alexandre Ferreira de Assumpção Alves

    2016-12-01

    Full Text Available Historical analysis of the legal treatment of the seizure of shares due to shareholder’s personal debt and the impacts of such measure on the affectio societatis. In order to do so, with the usage of the deductive method of research, hereby it will be presenting two different views on the issue: a first one based solemnly on the rules and principles the are commonly accepted and a second based on logical arguments. Afterwards, the two premises are going to be confronted in order achieve the best answers. Moreover, with the usage of bibliographical and documental research, this work intends to demonstrate how the seizure of shares has evolved from an impossibility, under the terms of the article 292 of the Commercial Code, to a reality, whereas the seizure is now possible even on those cases where the article of association lacks the regulation on the issue.

  17. Rural electrification in Zambia: A policy and institutional analysis

    International Nuclear Information System (INIS)

    Haanyika, Charles M.

    2008-01-01

    Zambia is well endowed with hydropower and other energy resources, which could facilitate production of electricity for both urban and rural areas of the country. The country has an installed electricity generation capacity of 1786 MW and undeveloped hydropower potential of over 6000 MW. In the last few years, demand has been growing and it is anticipated to outstrip supply in 2008. The load growth is attributed to increased mining activities and development of the industrial base. The country is also endowed with abundant natural resources such as arable land, water, minerals and wildlife. With the available resource base, electricity along with other social and economic infrastructure such as roads and telecommunications could facilitate increased economic activities. In rural areas, electricity could be used for crop irrigation, agro-processing, small-scale mining and to facilitate tourism. However, rural electrification (RE) faces many challenges such as long distances from existing power stations to targeted rural areas, low population densities, high poverty levels and low skills availability. These and other factors have contributed to continued low levels of access to electricity in rural areas of the country. Measures so far undertaken to facilitate access to electricity in rural areas of Zambia include the adoption of a new National Energy Policy (NEP) in 1994. With regard to the electricity sector and RE in particular, the NEP was aimed at facilitating increased access by liberalising and restructuring the electricity market and promoting the use of low-cost technologies and decentralised renewable energies. To facilitate implementation of the new policy, the government established a legal and institutional framework by enacting new legislation, namely, the Electricity Act and the Energy Regulation Act in 1995. The Electricity Act provided for liberalisation and regulation of the electricity sector, while the Energy Regulation Act provided for the

  18. Alternative financial institutions? Sustainability, development, social reproduction, and gender analysis.

    Science.gov (United States)

    Kidder, T

    1999-08-01

    This paper proposes a conceptual framework for alternative financial institutions in Nicaragua. The article includes a discussion on innovative services and policies, which differentiate CARUNA (National Savings and Credit Cooperative ¿Caja Rural¿), and other financial institutions from conventional banks. It further examines theories that have altered the way development practitioners think about the economy, poverty reduction, and the positions of men and women in the society. These theories are the feminist economic theory and alternative development theories. Specific ways to incorporate the concepts of alternative and feminist economic theories in the design of financial institutions include open credit, savings, and remittance mechanisms, and coordinating councils. The gender analysis approach was used to evaluate the design of financial institutions.

  19. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

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

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  20. [Aspects of the legal concession and its procedures concerning the commitment of juveniles to safe custody institutions in youth welfare care according to German (section sign) 1631 b BGB -- an Inquiry into 101 cases of adolescent psychiatric expertise].

    Science.gov (United States)

    Rüth, U; Wentzel, A; Freisleder, F J

    2004-11-01

    Legal procedures concerning the legal concession of juveniles to safe custody care in youth welfare according to German section sign 1631 b BGB were to be examined. 101 cases of adolescent psychiatric expertise were retrospectively examined. Legal procedures were unsatisfactory. A guardian ("Verfahrenspfleger" according to German law) was usually not named (79.2 %), especially not in cases of juveniles under 14 years of age (94 %) who cannot take part in the procedure on their own right, and not in cases of foreigners (89 %). In a number of cases the adolescence psychiatrist did not agree with statement of the youth welfare office regarding the juvenile confinement. In cases where the expert's counsel was a "process diagnosis" evaluating the juvenile's concrete ability to cooperate and to accept alternative forms of placement, closed commitment could be reduced significantly. Experts did not precisely term of commitment in a number of cases (15.9 %). Legal procedures concerning the legal commitment of juveniles to safe custody care in youth welfare institutions are partly unsatisfactory, especially according to the juvenile's rights regarding the legal procedure and the ways, how these rights are safeguarded.

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

    African Journals Online (AJOL)

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

  2. Situation Analysis of Medico-Legal Issues in Asmara, Eritrea, in 2008

    African Journals Online (AJOL)

    Results: : A total of 144 respondents were interviewed; 75 clients, 54 health workers and 15 legal practitioners. The most common medico-legal issues identified in the Study are road traffic accidents, rape, homicidal injury and suicide, question of paternity, age determination, abortion, medical record asked by court, ...

  3. Pigs on the plains: Institutional analysis of a Colorado water quality initiative

    Science.gov (United States)

    King, D.; Burkardt, N.; Lee, Lamb B.

    2006-01-01

    We used the Legal-Institutional Analysis Model (LIAM) and Advocacy Coalition Framework (ACF) to analyze the campaign over passage of the Colorado Hogs Rule, an initiative passed by the voters in 1998 to require regulation of swine production facilities in Colorado. Used in tandem, LIAM and ACF provided an opportunity to develop a robust understanding of the obstacles and opportunities that face water quality managers in a state-centered multi-organizational decision process. We found that combining the LIAM with the ACF enhanced the understanding that could be achieved by using either model in isolation. The predictive capacity of the LIAM would have been reduced without information from the ACF, and the ACF by itself would have missed the importance of a single-case study.

  4. Perspectives in Legal English in-Service Education: Needs Analysis in Lithuanian Context

    Directory of Open Access Journals (Sweden)

    Bartnikaitė Edita

    2017-03-01

    Full Text Available Legal English, being among the most complex and multifaceted areas of English for Specific Purposes (ESP, has duly received considerable attention on the part of linguists, discourse and learner needs′ analysts, sociolinguists and ESP researchers (Cheng and Cheng, 2014; Hafner, 2013; Hartig and Lu, 2014; Huhta et al, 2013; Shuy 2001. Most research has been carried out to investigate lexical, syntactic, grammatical and other communicative competences of law students in various cycles of higher education. An area that is still highly in need of examination is the development of communicative competences of Legal English among law practitioners who might have had a course of Legal English in their law studies and face with an urge of revision or might have not been introduced to Legal English whatsoever. In light of these observations, the present study examines the needs and problems regarding the use of general and legal English faced by 34 law practitioners, namely lawyers and judges working at two law companies and a district court in Kaunas, Lithuania. The study assumes qualitative methodology including a semi-structured interview and a questionnaire. The results have revealed that communicative competence of legal practitioners gained during their formal education does not meet the demands of their legal practice. While skills of general English appear not to cause many problems, skills of legal English are not developed to an adequate level. Therefore, as the study shows, it is absolutely inevitable to develop and offer in-service education of Legal English carefully attuned to the diverse levels of competences and needs of legal practitioners.

  5. 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…

  6. Hereditary position of kins in the first descending line of kinship, of the spouses and cohabitation partner: Comparative legal analysis

    Directory of Open Access Journals (Sweden)

    Vidić Jelena

    2011-01-01

    Full Text Available This paper analyses hereditary position of descendants, a surviving spouse and cohabitation partner, as heirs of the first class in intestate succession, in the law of Serbia and other modern laws of Europe. Through comparative legal analysis we point out both the similarities and differences, as well as the tendencies, that can be discerned in laws of Europe, regarding the manner in which the relationship between kinship, in the lineal descending line on one side and marriage, that is concubinage, on the other side, as legally relevant facts in creating the rules of intestacy, is established. In this way we aim to answer the question, to what extent is the relationship between the kinship in the lineal descending line and marriage in the law of Serbia synchronized with legal standards present in legal systems of the most European countries; and whether there is possibly a need for certain inheritance law reforms in the law of Serbia. Besides that, taking into account the fact that Serbian law belongs to the circle of legislations which give no merit to the fact of cohabitation when it comes to intestacy, this paper considers the justification of the need to legally regulate the inheritance of cohabitation partners in our law.

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

    Directory of Open Access Journals (Sweden)

    Marcus Faro de Castro

    2016-08-01

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

  8. Unemployment and Labor Market Institutions : An Empirical Analysis

    NARCIS (Netherlands)

    Belot, M.V.K.; van Ours, J.C.

    2001-01-01

    The development of the unemployment rate di¤ers substantially between OECD countries.In this paper we investigate to what extent these differences are related to labor market institutions.In our analysis we use data of eighteen OECD countries over the period 1960-1994 and show that the way in which

  9. The Cochrane Collaboration: Institutional Analysis of a Knowledge Commons

    Science.gov (United States)

    Heywood, Peter; Stephani, Anne Marie; Garner, Paul

    2018-01-01

    Cochrane is an international network that produces and updates new knowledge through systematic reviews for the health sector. Knowledge is a shared resource, and can be viewed as a commons. As Cochrane has been in existence for 25 years, we used Elinor Ostrom's theory of the commons and Institutional Analysis and Development Framework to appraise…

  10. A Ten Year Citation Analysis of Major Australian Research Institutions

    Science.gov (United States)

    Batterham, Robin J.

    2011-01-01

    The introduction of the Excellence in Research for Australia scheme has heightened debate amongst research institutions over the use of metrics such as citations, especially given the ready availability of citation data. An analysis is presented of the citation performance of nine Australian universities and the Commonwealth Scientific, Industrial…

  11. Islamic vs Conventional Microfinance Institutions: Performance analysis in MENA countries

    Directory of Open Access Journals (Sweden)

    Ines Ben Abdelkader

    2013-07-01

    Full Text Available Microfinance has been identified as an important policy instrument that allows greater financial and social independence for women and poor by facilitating access to financial services for the poorest and destitute. Microfinance institutions (MFIs have mostly a high concentration of women beneficiaries and aim at alleviation of poverty in all its forms. Accordingly, the principal purpose of microfinance institutions is to be social performing by reducing poverty. However, they have to reconcile this objective with financial performance by trying to be profitable and sustainable. On other side, Islamic Microfinance has progressively growing in the world, particularly in poor countries, as credible alternative which allows poor populations to have access to basic financial services at low cost. The integration of Islamic finance concepts to microfinance was one of the valuable reasons in attracting poor to get advantage of these services. Whereas the complexity of these methods in microfinance and lack of transparency in profit distribution, there are some challenges about their efficiency. It is therefore of utmost interest to consider if the financial performance of Islamic microfinance institutions will be negatively correlated with the depth of outreach. The aim of this paper is to examine the performance of Islamic microfinance institutions in comparison with conventional institutions. This study focuses analysis on the MENA region, where a large proportion of the poor are practicing Muslims and are thus unable to take advantage of traditional microfinance contracts which are incompatible with Sharia’. Using a non parametric data envelopment analysis (DEA to estimate the efficiency of the microfinance institutions, our study provides the empirical evidence from Islamic and conventional microfinance institutions in MENA region.

  12. COMPARATIVE ANALYSIS OF ADMINISTRATIVE AND LEGAL PRINCIPLES OF TAX ADMINISTRATION IN THE CONDITIONS OF DECENTRALIZATION IN EUROPE AND UKRAINE

    Directory of Open Access Journals (Sweden)

    Leonid Mogilevskyi

    2017-12-01

    Full Text Available The aim of the article is a comparative analysis of the administrative and legal regulation of tax administration in European countries and in Ukraine and the definition of ways to improve domestic legislation in this field on this basis. The subject of the study is the administrative and legal principles of tax administration in the conditions of decentralization of state power. Methodology. The study is based on a comparison of the foreign experience of legal regulation and collection of local taxes by using the example of European states with the current state of the process of introducing tax decentralization in Ukraine. Due to the use of this amount of general scientific and specialscientific methods and methods of scientific knowledge, the content of the administrative and legal foundations of tax administration, as well as legal phenomena such as tax decentralization, were characterized and defined. The conclusions that we made helped us to determine the specifics of their administrative-legal regulation in some countries of Europe and in Ukraine. The results of the conducted comparative legal study made it possible to prove the direct impact of tax decentralization on the mechanism of tax administration and the systematic organization of tax authorities. These processes have a predominantly positive impact on macroeconomic processes, they broaden the rights and opportunities of local authorities regarding the use of funds by local governments, forecasting and approving regional budgets, and managing taxes and fees. Practical impact. The administration of taxes in the conditions of decentralization in Europe can be characterized by a high level of efficiency and functionality of the work of the territorial tax-control bodies. This experience is really necessary for Ukraine, where the activities of local self-government in some areas are limited by the central apparatus. Value/originality. A comparative legal study of world experience in

  13. Analysis Of The Notion Of Decent Work In Its Conceptual, Terminological And Legal Aspects

    Directory of Open Access Journals (Sweden)

    Vanessa Vieira Pessanha

    2016-12-01

    Full Text Available The present article deals with the notion of decent work, especially in the conceptual, terminological and legal perspectives, analyzing its scope, its relevance for the realization of the dignity of the human person and how the legal set contemplates and stimulates its practical verification. The objective is to develop a more detailed appreciation of the meaning created by the International Labor Organization, understanding peculiarities and delimiting the application in the legal world. The research is qualitative, with method of bibliographical revision, listing directly related documents (national and international norms and consulting other sources (official websites and dictionaries.

  14. New institutional analysis of European electric power reforms

    International Nuclear Information System (INIS)

    Perez, Yannick

    2002-01-01

    This research thesis reports a comparative analysis of reforms of the electric power sector implemented in European countries. In the first part, the authors proposes a presentation of the theoretical framework adopted for this analysis which is notably based on the New Institutional Economy approach. He also proposes an approach to the electric power industry based on the Transaction Cost Theory, and presents an overview of the various European reforms in the field of electricity, and of still unresolved problems which emerged after the creation of different power markets. The next part addresses an assessment of the attractive and desirable characters of reforms which have been implemented in the United Kingdom, in Germany and in Spain, with an attempt to identify winners and losers, and to classify these reforms. In the third part, the author defines a framework for the analysis of the feasibility of reforms which combine institutional and industrial dimensions, notably by reference to Noll and Williamson works. In the last part, the author sheds a new light on the concept of credibility. He introduces the conventional arbitrage of the Transaction Cost Theory between commitment stability and flexibility to generate uncertainty. He notably shows that the main problem in centralised institutional environments, is to guarantee the stability of commitments in front of opportunism, whereas in decentralised institutional environments, the main problem is to produce flexibility to manage uncertainty [fr

  15. Financial Analysis of the Financial Institutions Sector in Kosovo

    Directory of Open Access Journals (Sweden)

    Vlora Prenaj

    2015-12-01

    Full Text Available Paper work “Financial analysis of the financial institutions sector in Kosovo” treats financial sector in Kosovo. Paper work contains the current position of the economy, economic prospects and macroeconomic projections for the financial sector in Kosovo, future potential and possibilities of financial sector in Kosovo. The main goal of this research is financial analysis of Kosovo financial institutions sector - overview of key indicators. This research evaluates the performances of commercial bank’s profitability, which have operated in the market during the period 2006-2012. This research is conducted through financial analysis coefficients: Return on Equity, Return on assets and Cost to Income. Test t-Student is used to analyze the profitability for the period 2006/2007 before the financial crisis and the period 2011/2012 after financial crisis.

  16. The Rural Institutions in Colombia: Reflections for Analysis and Strengthening

    Directory of Open Access Journals (Sweden)

    Sandro Ropero Beltran

    2016-09-01

    Full Text Available The rural question is one of the great challenges for institutions in Colombia. The discussion regarding institutional efficiency and effectiveness for the rural sector should be brought forward based on circumstantial aspects that in turn mediate social the social, political, cultural, environmental, economic and productive in the Colombian agriculture, including trade agreements and post-conflict eventually included. The new rurality as an approach to rural development poses a different view about the subject, conceives the rural thing as a multisectorial and multidimensional space, which is the starting point from which arise the elements of analysis that allow advance an institutional debate broad and participatory facing the structural transformation of the rural reality.

  17. Institutional Analysis of Watershed Manangement in Batam Island

    Directory of Open Access Journals (Sweden)

    Syahrul Donie

    2016-08-01

    Full Text Available This study aimed to look at the institutional condition of the current watershed management and institutional models (management authority which were relevant to Batam Island in the future. The data collection was conducted by interview techniques and was validated through focus group discussions. The data were described and analyzed with SCP (structure, conduct, performance method for relevant stakeholders’ data, legislation, and with KIPA (quadrant interpretative performance analysis method for data of interest and power of stakeholders. The results showed that the watershed management institutional in Batam Island was still overlapping. According to the regulations, the Management Board (BP of Batam Island was given the authority to manage and to use land and water; on the other hand the Local Government (Mayor was facilitated by BPDAS KEPRI (Watershed Management Institute of Riau Islands to also arrange an integrated watershed management. The results of discussions showed that BP Batam was an institute of having interest and power as well as key position in achieving successful watershed management. Based on this study, it was suggested that BP Batam should be given authority in watershed management in Batam Island, which keeps referring to the norms, standards, procedures, and indicators set by the central government.

  18. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  19. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  20. NATO Advanced Study Institute on Advances in Microlocal Analysis

    CERN Document Server

    1986-01-01

    The 1985 Castel vecchio-Pas coli NATO Advanced Study Institute is aimed to complete the trilogy with the two former institutes I organized : "Boundary Value Problem for Evolution Partial Differential Operators", Liege, 1976 and "Singularities in Boundary Value Problems", Maratea, 1980. It was indeed necessary to record the considerable progress realized in the field of the propagation of singularities of Schwartz Distri­ butions which led recently to the birth of a new branch of Mathema­ tical Analysis called Microlocal Analysis. Most of this theory was mainly built to be applied to distribution solutions of linear partial differential problems. A large part of this institute still went in this direction. But, on the other hand, it was also time to explore the new trend to use microlocal analysis In non linear differential problems. I hope that the Castelvecchio NATO ASI reached its purposes with the help of the more famous authorities in the field. The meeting was held in Tuscany (Italy) at Castelvecchio-P...

  1. Institutions and deforestation in the Brazilian amazon: a geographic regression discontinuity analysis

    OpenAIRE

    Bogetvedt, Ingvild Engen; Hauge, Mari Johnsrud

    2017-01-01

    This study explores the impact of institutional quality at the municipal level on deforestation in the Legal Amazon. We add to this insufficiently understood topic by implementing a geographic regression discontinuity design. By taking advantage of high-resolution spatial data on deforestation combined with an objective measure of corruption used as a proxy for institutional quality, we analyse 138 Brazilian municipalities in the period of 2002-2004. Our empirical findings show...

  2. Civil society- state relations in Turkey: Analysis of legislative infrastructure and institutional reforms

    OpenAIRE

    Balcıoğlu, Zeynep

    2014-01-01

    This paper discusses the way the institutional and legal mechanisms initiated, reformed and practiced regarding the civil society organizations and public sector relations in Turkey and assess their compatibility to the international standards and capability to bring out an affirmative action to enlarge and strengthen the enabling environment for civil society and improve the accountability and transparency of the public institutions. To do that, it particularly focuses on the ...

  3. [Medico-legal opinions in penal cases provided by clinicians and forensic medicine specialists--comparative analysis].

    Science.gov (United States)

    Chowaniec, Czesław; Chowaniec, Małgorzata; Nowak, Agnieszka

    2005-01-01

    From the practice of the Forensic Medicine Department, Medical University of Silesia, Katowice it appears that in criminal cases the level of medico-legal opinions provided by experts appointed by the district court or 'ad hoc' is very low. The analysis of the chosen files shoved a divergence of opinions given to the adopted motions as well as numerous offences to regulations in the nature of a consultative error. In the paper the authors have made an attempt to appraise causes of the above mentioned problems such as: 1. the lack of medico-legal knowledge and experience in court experts. 2. excessive ease of registration to the panel of court experts and the lack of processes which verify the qualifications of experts. 3. the lack of judicial control over expert's opinions and common acceptance of their work. 4. ignorance of the obligatory penal law. 5. ignorance of the basic rules for giving medico-legal opinions (legal consequences, casual nexus). 6. excessive but groundless self-confidence in experts. 7. the lack of a correct way of thinking and conclusion making. The aim of the paper was to pay close attention to the absolute need of verification of court experts' qualifications and work.

  4. ADMINISTRATIVE AND LEGAL PRINCIPLES OF FUNCTIONING OF THE FINANCIAL SYSTEM IN UKRAINE AND EUROPE: A COMPARATIVE ANALYSIS

    Directory of Open Access Journals (Sweden)

    Kateryna Chyzhmar

    2017-12-01

    Full Text Available The purpose of the article is a comparative legal analysis of the administrative and legal principles of the functioning of the financial system in Ukraine and European countries. The subject of the study is the peculiarities of the state regulation of financial systems in Great Britain, Germany, Poland, Spain, Sweden, and Ukraine. Methodology. The research is based on comparing the legal regulation of the financial system in Ukraine and in the EU countries. An analysis of European experience in the administrative regulation of financial systems and financial activity has shown that most European states support the policy of regulating the financial system as a holistic, indivisible phenomenon, gradually moving away from its understanding as a set of separate segments. A significant influence on this issue was made by the European Union, within which there was introduced a combination of the most important functions in the regulation of the EU financial system and entrusting them to a separate group of special bodies. Results of the comparative legal study showed that, unlike most European countries, in Ukraine, the administrative and legal framework for the provision of certain components of the financial sector, in particular, banking, investment, tax and budget, financial services market, etc., are not combined into a single model of state regulation of financial system, but they are scattered. In turn, the lack of a unified legal basis for state regulation of the national financial system in practice creates a situation where such regulation is carried out by a large number of state bodies of varying degrees, whose powers are repeated in some cases, which causes contradictions. Practical implications. It is found that the key difference between the regulation of financial systems in the countries of Europe lies in the very principle of perceiving the role of the state in this process and understanding the content of the financial system as a

  5. Accessibility of occupational therapy community services: a legal, ethical, and clinical analysis.

    Science.gov (United States)

    Carrier, Annie; Levasseur, Mélanie; Mullins, Gary

    2010-10-01

    ABSTRACT Accessibility of health care services is a major concern in many countries. This paper examines the impact of limited access to occupational therapy community services on the right to services, distributive justice (resource distribution based on social solidarity), and service quality. Legal documents and relevant scientific papers were analyzed from three standpoints: legal, ethical, and clinical. Random use of criteria to prioritize requests, partial response to complex needs, task delegation, and long waiting times, all affect distributive justice and compromise the right to and quality of services. Various alternatives are suggested to ensure a balance between the distribution and quality of occupational therapy services.

  6. [Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

    Science.gov (United States)

    Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

    2017-09-18

    In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p < 0.001). In adult patients, the most common causes for consultation were acts of violence (20.4%) and domestic violence (10.1%). Among adults, significantly more women and fewer men were presented than expected (p = 0.001). There were only a small number of consultations of legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

  7. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  8. PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

    Science.gov (United States)

    Zhiyong, Xian

    2017-08-01

    On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.

  9. EXPLORING IMPLICIT META-DISCOURSE IN LEGAL DISCOURSE: AN ANALYSIS OF THE CHINESE AND AMERICAN CONSTITUTIONS

    Directory of Open Access Journals (Sweden)

    Mengyu He

    2017-09-01

    Full Text Available Research in meta-discourse, particularly explicit meta-discourse or meta-discourse markers has contributed much knowledge on the discourse features of specialised genres. However, there are very few studies on implicit meta-discourse. The current study explores implicit meta-discourse in legal discourse by comparing the implicit interpersonal meta-discourse in the Constitution of the People’s Republic of China with the Constitution of the United States. The focus of the study is the use of implicit meta-discourse, particularly the grammatical meta-discourse in the legal discourse of two different languages and cultural groups. The findings demonstrate that there are similarities and differences in the use of implicit meta-discourse in the two constitutions. Within the context of language discourse, the findings of the current study suggest that legal discourse is distinctive in the use of implicit interpersonal meta-discourse, particularly in the way writers intrude into the discourse implicitly by certain key grammatical forms of meta-discourse. Despite the objectivity and rigour of legal discourse, the current study found that there is some level of subjectivity in such discourse, evident from the use of implicit meta-discourse.

  10. 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…

  11. Virtual acts, real crimes? A legal-philosophical analysis of virtual cybercrime

    NARCIS (Netherlands)

    Strikwerda, Litska

    2014-01-01

    The advent of computer technology has given rise to a new type of crime: cybercrime, which can, in broad terms, be defined as crime that involves the use of computers or computer networks. Examples of cybercrime are hacking (in legal terms: illegal access) and e-fraud. The newest generation of

  12. 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 ...

  13. Evolving medical service in the information age: a legal analysis of applying telemedicine programs in Taiwan.

    Science.gov (United States)

    Wu, Hsing-Hao

    2008-12-01

    In the face of the information age, Internet and telecommunication technologies have been widely applied in various settings. These innovational technologies have been used in the areas of e-commerce, long distance learning programs, entertainment, e-government, and so on. In recent years, the evolution of Internet technology is also pervading the health care industry. This dramatic trend may significantly alter traditional medical practice as well as the means of delivery of health care. The idea of telemedicine is to use modern information technology as a means or platform to deliver health care service in remote areas and to manage medical information in digitalized forms. The progress of developing telemedicine, however, is rather slow. The main reason for this slow progress is not technological but rather legal. Health care providers are reluctant to promote this innovation in medical service mainly due to uncertain legal consequences and ethical concerns. Although there are many legal challenges surrounding telemedicine, this note will examine major legal issues including licensure, malpractice liability, and privacy protection. Furthermore, I will discuss the potential of applying telemedicine programs in Taiwan's National Health Insurance Program (hereinafter referred to as NHI).

  14. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they

  15. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

  16. Are Mergers a Win-Win Strategic Model? A Content Analysis of Inter-Institutional Collaboration between Higher Education Institutions

    Science.gov (United States)

    Ripoll-Soler, Carlos; de-Miguel-Molina, María

    2014-01-01

    The main goal of this paper, based on a content analysis of the literature about models of inter-institutional collaboration between higher education institutions, is to establish the characteristics that set them apart, contextualize each of these models in terms of the features of the setting in which they are implemented, and ascertain their…

  17. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  18. The use of agrobiodiversity for plant improvement and the intellectual property paradigm: institutional fit and legal tools for mass selection, conventional and molecular plant breeding.

    Science.gov (United States)

    Batur, Fulya; Dedeurwaerdere, Tom

    2014-12-01

    Focused on the impact of stringent intellectual property mechanisms over the uses of plant agricultural biodiversity in crop improvement, the article delves into a systematic analysis of the relationship between institutional paradigms and their technological contexts of application, identified as mass selection, controlled hybridisation, molecular breeding tools and transgenics. While the strong property paradigm has proven effective in the context of major leaps forward in genetic engineering, it faces a systematic breakdown when extended to mass selection, where innovation often displays a collective nature. However, it also creates partial blockages in those innovation schemes rested between on-farm observation and genetic modification, i.e. conventional plant breeding and upstream molecular biology research tools. Neither overly strong intellectual property rights, nor the absence of well delineated protection have proven an optimal fit for these two intermediary socio-technological systems of cumulative incremental innovation. To address these challenges, the authors look at appropriate institutional alternatives which can create effective incentives for in situ agrobiodiversity conservation and the equitable distribution of technologies in plant improvement, using the flexibilities of the TRIPS Agreement, the liability rules set forth in patents or plant variety rights themselves (in the form of farmers', breeders' and research exceptions), and other ad hoc reward regimes.

  19. Virtual acts, real crimes? A legal-philosophical analysis of virtual cybercrime

    OpenAIRE

    Strikwerda, Litska

    2014-01-01

    The advent of computer technology has given rise to a new type of crime: cybercrime, which can, in broad terms, be defined as crime that involves the use of computers or computer networks. Examples of cybercrime are hacking (in legal terms: illegal access) and e-fraud. The newest generation of cybercrime is virtual cybercrime. Virtual cybercrime involves a specific aspect of computers or computer networks, namely: virtuality, which can in essence be described as computer simulation. Consider,...

  20. Analysis of drug prohibition and estimation of budgetary implications of marijuana legalization

    OpenAIRE

    Flegr, Jan

    2009-01-01

    This paper examines the impact of drug prohibition on society. It analyzes starting-points and aims of prohibition and shows, how prohibition attempts to achieve its goals. Furthermore, it explores social costs of prohibition, mainly the impact on potencial health risks of drug use and property and violent crimes. Then it presents main reasons of failure to achieve its goals. Furthemore, this paper estimates probable budgetary implications of marijuana legalization. This estimate is based on ...

  1. [Medico-legal and victimology aspects of homicides in the material of Bialystok Institute of Forensic Medicine in the years 1982-2003].

    Science.gov (United States)

    Niemcunowicz-Janica, Anna; Janica, Jerzy; Rydzewska-Dudek, Maria; Załuski, Janusz; Dopierała, Tomasz; Wardaszka, Zofia; Ptaszyńska-Sarosiek, Iwona; Okłota, Magdalena

    2006-01-01

    The authors presented an analysis of homicides based on autopsy material collected at Institute of Forensic Medicine in Bialystok in the years 1982-2003. Of 8,780 postmortem examinations, this type of death accounted for 7,4 % of cases, including 31,2 % women and 68,8 % men. Married individuals predominated among females, whereas the majority of male victims were single. Fifty-seven percent of victims died on the crime scene, 5,3 % within 48 hours. In conflicts of long-standing, immediate conflicts and fights, the perpetrators most commonly employed hard, blunt or blunt-edged crime weapons. In cases of murder with robbery and sexual homicides, strangulation was the most frequently used method. No seasonal character in homicide prevalence was observed.

  2. A Comparative Trend Analysis of Institutional Variables and Retention Rates in Publicly Funded Institutions

    Science.gov (United States)

    Lenhardt, Jenna L.

    2017-01-01

    This study focused on student retention trends in institutional spending and student retention rates. The research also investigated the relationship between student retention and the student-to-faculty ratio. The sample was comprised of 14 publicly funded higher education institutions that had an M1Carnegie classification and were located in one…

  3. Analysis of Institutional Dynamics in the Economies in Transition

    OpenAIRE

    Lev Freinkman; Vladimir Dashkeev; Margarita Muftiahetdinova

    2009-01-01

    The paper analyzes the changes in the Russian institutional system in the framework of fundamental interdependence between institutional and economic development. It reviews a number of established international indicators of institutional development. These indicators are used to study the current trends in the development of Russian economic institutions. The authors compare the Russia’s situation with the tendencies in institutional development of the CIS, Eastern European and selected OEC...

  4. Analysis of legal obstacles and incentives to the development of low-head hydroelectric power in Maine

    Energy Technology Data Exchange (ETDEWEB)

    None,

    1980-05-01

    The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in Maine is discussed. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system is examined. The first step any developer of small-scale hydropower must take is to acquire right, title, or interest in the real property. In Maine, that step requires acquisition in some form of both river banks, the river bed, and where necessary, the land needed for the upstream impoundment area. The developer must acquire the river banks to be considered a riparian owner. Classification as a riparian is important, for only a use of water by a riparian owner is deemed a reasonable use and hence a legal use. A non-riparian could not draw water from a stream to increase the water level of an impoundment area on another stream. Apart from the usual methods of land acquisition involving sale, lease, or perhaps gift, Maine has two somewhat unique methods a developer may use for property acquisition. These methods, authorized by statute, are use of the abandoned dams law and use of the Mill Dam Act for flowage of upstream impoundment areas.

  5. A STATISTICAL ANALYSIS OF LARYNGEAL MALIGNANCIES AT OUR INSTITUTION

    Directory of Open Access Journals (Sweden)

    Bharathi Mohan Mathan

    2017-03-01

    Full Text Available BACKGROUND Malignancies of larynx are an increasing global burden with a distribution of approximately 2-5% of all malignancies with an incidence of 3.6/1,00,000 for men and 1.3/1,00,000 for women with a male-to-female ratio of 4:1. Smoking and alcohol are major established risk factors. More than 90-95% of all malignancies are squamous cell type. Three main subsite of laryngeal malignancies are glottis, supraglottis and subglottis. Improved surgical techniques and advanced chemoradiotherapy has increased the overall 5 year survival rate. The above study is statistical analysis of laryngeal malignancies at our institution for a period of one year and analysis of pattern of distribution, aetiology, sites and subsites and causes for recurrence. MATERIALS AND METHODS Based on the statistical data available in the institution for the period of one year from January 2016-December 2016, all laryngeal malignancies were analysed with respect to demographic pattern, age, gender, site, subsite, aetiology, staging, treatment received and probable cause for failure of treatment. Patients were followed up for 12 months period during the study. RESULTS Total number of cases studied are 27 (twenty seven. Male cases are 23 and female cases are 4, male-to-female ratio is 5.7:1, most common age is above 60 years, most common site is supraglottis, most common type is moderately-differentiated squamous cell carcinoma, most common cause for relapse or recurrence is advanced stage of disease and poor differentiation. CONCLUSION The commonest age occurrence at the end of the study is above 60 years and male-to-female ratio is 5.7:1, which is slightly above the international standards. Most common site is supraglottis and not glottis. The relapse and recurrences are higher compared to the international standards.

  6. Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

    Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

  7. Legal Analysis of Coal Mining in Efforts to Maintain The Environmental Sustainability

    Directory of Open Access Journals (Sweden)

    Iwan Irawan

    2016-07-01

    Full Text Available The goal of this article was to suggest the government to make the appropriate laws and policies in order to optimize the utilization of coal based on environmental sustainability. The research applied library research from several research results and the Act no. 4 of 2009. Data were analyzed qualitatively by the way of decomposition, connecting with the rules, and the legal experts’ opinion. It can be concluded that investors are not optimal in managing and conserving the coal mining and the government has not standaridized the environmental management. 

  8. Regulating Cannabis Social Clubs: A comparative analysis of legal and self-regulatory practices in Spain, Belgium and Uruguay.

    Science.gov (United States)

    Decorte, Tom; Pardal, Mafalda; Queirolo, Rosario; Boidi, Maria Fernanda; Sánchez Avilés, Constanza; Parés Franquero, Òscar

    2017-05-01

    Cannabis Social Clubs (CSCs) are a model of non-profit production and distribution of cannabis among a closed circuit of adult cannabis users. CSCs are now operating in several countries around the world, albeit under very different legal regimes and in different socio-political contexts. In this paper we describe and compare the legal framework and the self-regulatory practices of Cannabis Social Clubs in three countries (Spain, Belgium, and Uruguay). The objective of our comparative analysis is to investigate how CSCs operate in each of these countries. To foster discussions about how one might regulate CSCs to promote public health objectives, we conclude this paper with a discussion on the balance between adequate governmental control and self-regulatory competences of CSCs. The data used for this analysis stem from independently conducted local studies by the authors in their countries. Although the particular designs of the studies differ, the data in all three countries was collected through similar data collection methods: analysis of (legal and other documents), field visits to the clubs, interviews with staff members, media content analysis. We identified a number of similarities and differences among the CSCs' practices in the three countries. Formal registration as non-profit association seems to be a common standard among CSCs. We found nevertheless great variation in terms of the size of these organisations. Generally, only adult nationals and/or residents are able to join the CSCs, upon the payment of a membership fee. While production seems to be guided by consumption estimates of the members (Spain and Belgium) or by the legal framework (Uruguay), the thresholds applied by the clubs vary significantly across countries. Quality control practices remain an issue in the three settings studied here. The CSCs have developed different arrangements with regards to the distribution of cannabis to their members. By uncovering the current practices of CSCs

  9. Investment Analysis Of Environment Pollution In Educational Institutions

    OpenAIRE

    Mahbub Ullah Miyan; Abdus Salam; Md. Nuruzzaman; Sanjida Naznin

    2015-01-01

    Environment pollution has become one of the biggest concerns for the educational institutions in Bangladesh. Thinking not yet starts that environmental pollution has a connection with educational institutions which requires investment. Educational institutions are paying huge amount of money in order to clean the academic atmosphere. Due to unawareness and unconsciousness the environment of the institutions campus continuously polluting in many ways. This paper provides an outline of how diff...

  10. Australian Educational Institutions International Markets: A Correspondence Analysis

    Science.gov (United States)

    Mazzarol, Timothy W.; Soutar, Geoffrey N.

    2008-01-01

    Purpose: The global market for international students have become highly competitive and many institutions, particularly higher education institutions, rely heavily on fee income from overseas students. This study aims to examine the countries from which Australian education institutions draw such students and used this information to better…

  11. Extra-Property Legal Reserve in the Cerrado Biome: A preliminary Analysis within the Watershed Context

    Directory of Open Access Journals (Sweden)

    Fábio Carneiro Lobo

    2006-08-01

    Full Text Available This paper presents a normalized remaining vegetation index (NRVI based on land use data, which is evaluated according to three distinct minimum watershed sizes (10,000, 50,000 and 200,000 ha , whose limits were derived via SRTM data (Shuttle Radar Topography Mission. The NRVI varies from -1 (i. e. entirely converted watersheds to 1 (no conversion at all, and allows the association of land use data to numerical variables, such as social development indices. High NRVI values were found in the Northeastern watersheds of Goias State , while negative NRVI values predominated in the Southeastern and Southern portions of the study area. In compliance to the Brazilian Forest Code (i. e. permanent preservation areas and legal reserve, we estimated an NRVI value of -0.382, which is found in only 50,13% of the 10,000 ha watersheds. Although preliminary, our results suggest that NRVI can effectively serve the purposes of a transferable development rights approach (TDR regarding legal reserves in the State of Goias and Federal District.

  12. 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....

  13. 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...

  14. Harmonic Analysis : special program at the Nankai Institute of Mathematics

    CERN Document Server

    Deng, Dong-Gao; Zhou, Xing-Wei

    1991-01-01

    All papers in this volume are original (fully refereed) research reports by participants of the special program on Harmonic Analysis held in the Nankai Institute of Mathematics. The main themes include: Wavelets, Singular Integral Operators, Extemal Functions, H Spaces, Harmonic Analysis on Local Domains and Lie Groups, and so on. See also :G. David "Wavelets and Singular Integrals on Curves and Surfaces", LNM 1465,1991. FROM THE CONTENTS: D.C. Chang: Nankai Lecture in -Neumann Problem.- T.P. Chen, D.Z. Zhang: Oscillary Integral with Polynomial Phase.- D.G. Deng, Y.S. Han: On a Generalized Paraproduct Defined by Non-Convolution.- Y.S. Han: H Boundedness of Calderon-Zygmund Operators for Product Domains.- Z.X. Liu, S.Z. Lu: Applications of H|rmander Multiplier Theorem to Approximation in Real Hardy Spaces.- R.L. Long, F.S. Nie: Weighted Sobolev Inequality and Eigenvalue Estimates of Schr|dinger Operator.- A. McIntosh, Q. Tao: Convolution Singular Integral Operators on Lipschitz Curves.- Z.Y. Wen, L.M.Wu, Y.P. ...

  15. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

    99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...

  16. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

    A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

  17. 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.

  18. Institutional economic analysis of vegetable production and marketing in northern Philippines: social capital, institutions and governance

    NARCIS (Netherlands)

    Milagrosa, A.

    2007-01-01

    This study examines vegetable production and marketing among indigenous communities in northernPhilippinesusing an institutional economics approach. It develops a framework that analyses the four levels of

  19. Legal analysis of systemic investment protection regulation in the European Union’s financial sector

    Directory of Open Access Journals (Sweden)

    Bocs L.

    2018-01-01

    Full Text Available After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.

  20. An analysis of purchase price of legal and illicit cigarettes in urban retail environments in 14 low- and middle-income countries.

    Science.gov (United States)

    Brown, Jennifer; Welding, Kevin; Cohen, Joanna E; Cherukupalli, Rajeev; Washington, Carmen; Ferguson, Jacqueline; Clegg Smith, Katherine

    2017-10-01

    To estimate and compare price differences between legal and illicit cigarettes in 14 low- and middle-income countries (LMIC). A cross-sectional census of all packs available on the market was purchased. Cigarette packs were purchased in formal retail settings in three major cities in each of 14 LMIC: Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Pakistan, the Philippines, Russia, Thailand, Turkey, Ukraine and Vietnam. A total of 3240 packs were purchased (range = 58 packs in Egypt to 505 in Russia). Packs were categorized as 'legal' or 'illicit' based on the presence of a health warning label from the country of purchase and existence of a tax stamp; 2468 legal and 772 illicit packs were in the analysis. Descriptive statistics stratified by country, city and neighborhood socio-economic status were used to explore the association between price and legal status of cigarettes. The number of illicit cigarettes in the sample setting was small (n India (n = 41). The difference in median price between legal and illicit packs as a percentage of the price of legal packs ranged from 32% in Philippines to 455% in Bangladesh. Median purchase price of illicit cigarette packs was higher than that of legal cigarette packs in six countries (Bangladesh, India, Pakistan, Philippines, Thailand, Vietnam). Median purchase price of illicit packs was lower than that of legal packs in Turkey, Ukraine and China. The median purchase price of illicit cigarettes is higher than that of legal cigarette packs in Bangladesh, India, Pakistan, Philippines, Thailand, and Vietnam, Brazil, Egypt, Indonesia, Mexico, Russia appear to have few or no illicit cigarettes for purchase from formal, urban retailers. © 2017 The Authors. Addiction published by John Wiley & Sons Ltd on behalf of Society for the Study of Addiction.

  1. Preliminary analysis of odor legal solutions and study on their implementation possibilities in Poland

    Science.gov (United States)

    Sówka, Izabela; Karski, Leszek

    2018-01-01

    The problem of odor nuisance requires undertaking legal means that aim towards implementation of regulations in order to improve the odor-related quality of air in selected areas in Poland. So far the works carried out in the country were concluded by drawing up `The guidelines for the bill on counteracting the odor nuisance'. However, as a result of completed social consultations in Poland, the Ministry of Environment, in 2015, resigned from implementing of so called anti-odor act. Currently, the legislature is taking steps which aim at undertaking specific actions in order to introduce solutions, which would directly regulate the issues of odors and the odor nuisance, to the national system. In the countries of the European Union, the issues related to odors are solved in diversified ways and the system still lacks of a uniform proposition, among others related to odor standards. In connection with the above, actions that are taken on a national level should fundamentally aim at developing national odor standards which would take into account the type / the kind of economic activity being a source of odor emission (e.g. clearly separated for existing objects and planned investments), at establishing a procedure and also legal and operational requirements related to determination and the types of zones with defined values of acceptable concentration and determination of reference methodology in monitoring, and modeling the dispersion of odors e.g. including strictly defined frequency of necessary tests. In addition, the process should be accompanied by a creation of financial mechanisms and streams in range of investments related to the development of technology and methods used to limit emission of odors.

  2. Early childhood development in Rwanda: a policy analysis of the human rights legal framework.

    Science.gov (United States)

    Binagwaho, Agnes; Scott, Kirstin W; Harward, Sardis H

    2016-01-12

    Early childhood development (ECD) is a critical period that continues to impact human health and productivity throughout the lifetime. Failing to provide policies and programs that support optimal developmental attainment when such services are financially and logistically feasible can result in negative population health, education and economic consequences that might otherwise be avoided. Rwanda, with its commitment to rights-based policy and program planning, serves as a case study for examination of the national, regional, and global human rights legal frameworks that inform ECD service delivery. In this essay, we summarize key causes and consequences of the loss of early developmental potential and how this relates to the human rights legal framework in Rwanda. We contend that sub-optimal early developmental attainment constitutes a violation of individuals' rights to health, education, and economic prosperity. These rights are widely recognized in global, regional and national human rights instruments, and are guaranteed by Rwanda's constitution. Recent policy implementation by several Rwandan ministries has increased access to health and social services that promote achievement of full developmental potential. These ECD-centric activities are characterized by an integrated approach to strengthening the services provided by several public sectors. Combining population level activities with those at the local level, led by local community health workers and women's councils, can bolster community education and ensure uptake of ECD services. Realization of the human rights to health, education, and economic prosperity requires and benefits from attention to the period of ECD, as early childhood has the potential to be an opportunity for expedient intervention or the first case of human rights neglect in a lifetime of rights violations. Efforts to improve ECD services and outcomes at the population level require multisector collaboration at the highest echelons

  3. Euthanasia, assisted dying and the right to die in Ghana: a socio-legal analysis.

    Science.gov (United States)

    Owusu-Dapaa, Ernest

    2013-12-01

    There is unanimity among states to protect the continuation of life of the individual as a safeguard against their collective extinction. The right to life is accordingly guaranteed but its antithesis, the right to die is the subject of an unending debate. The controversy over the right to die is deepened by rapid advances in medicine, creating the capability for prolongation of life beyond the span which one's natural strength can endure. Ghana's supreme law explicitly guarantees the right to life but remains ambiguous on right to die, particularly euthanasia and assisted dying. Thus, some of the other rights, such as the right to dignity and not to be tortured, can creatively be exploited to justify some instances of euthanasia. Ghana's criminal code largely proscribes euthanasia. Notwithstanding, proscription of euthanasia and assisted dying by the law, in Ghana's empirical work undertaken in some of the communities in Ghana, suggests that euthanasia is quietly practisedin health facilities and private homes, especially in the rural areas. Contrary to the popular reasons assigned in the literature of the Western world, with respect to the practice or quest for legalization of euthanasia as being a necessity for providing relief from pain or hopeless quality of life, empirical data from social and anthropological studies conducted in Ghana reveal that poverty is the motivation for informal euthanasia practice in Ghana rather than genuine desire on part of patients to die or their relatives to see to their accelerated death. Apart from poverty, traditional cultural values of African societies consider non-natural death as a taboo and ignominy to the victim and his family. Thus, any move by the government to legalize euthanasia will need to be informed by widely held consultations and a possible referendum; otherwise the law may be just a mere transplant of Western models of legislation on euthanasia without reflecting the ethos of the African people.

  4. Prospects for Global Financial Institutions In India- Analysis & Suggestions

    OpenAIRE

    Kishore, G. Shanker Phani

    2017-01-01

    Global or International  Financial Institutions (GFIs /IFIs) are international institutions that provide financing to governments and private companies for social and human development, physical infrastructure projects, trade, investment, establishing new businesses, services delivery, etc. Many IFIs are private corporations such as Citicorp, Merrill Lynch, ICICI and Ing Vysa. Some are government run institutions that operate trans-nationally such as Export Credit Agencies (ECAs) and export-i...

  5. Comment 3 on workshop in political institutions - problems of institutional analysis

    International Nuclear Information System (INIS)

    Hurwicz, L.

    1992-01-01

    The following is mostly an elaboration of the comments the author made during the discussion stimulated by the McGinnis-Ostrom paper (McG-O hereinafter). It will be seen that I have added references to other papers by these two authors, kindly made available to me after the conference. He had been ignorant of this literature, and we are am grateful both to the authors and to the organizers of the conference for so broadening my horizons. MacNeil et al. (1991, p. 220, as cited on p. 1 of McG-O) states that the design of appropriate institutions is on the Rio open-quotes Earth Summitclose quotes agenda: open-quotes the heads of state ... will be asked to ... (4) initiate major reforms of open-quote international institutions to enable nations to manage global interdependence and to implement Agenda 21 as well as the conventions

  6. Workshop in political institutions - institutional analysis and global climate change: Design principles for robust international regimes

    International Nuclear Information System (INIS)

    McGinnis, M.

    1992-01-01

    Scientific evidence suggests that human activities have a significant effect on the world's climate. Political pressures are growing to establish political institutions at the global level that would help manage the social and economic consequences of climate change. Disagreements remain about the magnitude of these effects, as well as the regional distribution of the detrimental consequences of climate change. In this paper we do not wish to enter into the complexities of these technical debates. Instead, we wish to challenge a seemingly widespread consensus about the nature of the political response appropriate to this global dilemma. Specifically, we question the extent to which the open-quotes answerclose quotes can be said to reside primarily in the establishment of the new global institutions likely to emerge from the first open-quotes Earth Summitclose quotes - the United Nations (UN) Conference on Environment and Development - scheduled for June of 1992 in Rio de Janeiro

  7. PUTTING COMMUNICATION FRONT AND CENTER IN INSTITUTIONAL THEORY AND ANALYSIS

    NARCIS (Netherlands)

    Cornelissen, J.P.; Durand, R.; Fiss, P.C.; Lammers, J.C.; Vaara, E.

    2015-01-01

    We conceptualize the roots of cognitive, linguistic, and communicative theories of institutions and outline the promise and potential of a stronger communication focus for institutional theory. In particular, we outline a theoretical approach that puts communication at the heart of theories of

  8. A Descriptive Analysis of the Institutional Frameworks for Disaster ...

    African Journals Online (AJOL)

    Background:There is insufficient documentation of the institutional frameworks for disaster management and resilience at different levels in sub-Saharan Africa. The objective of this study was to describe the institutional framework for disaster management in Uganda, and to identify actionable gaps at the different levels.

  9. Analysis of Institutional solid waste management in Gweru, Zimbabwe

    African Journals Online (AJOL)

    Of all environmental problems that have come into focus in Gweru, institutional solid waste management has been the slowest to develop either direction or regulatory mechanisms. This study examines the characteristics of waste generated, and the effectiveness of the waste management system in the institutions.

  10. General Lines of Disregard for the Legal Personality on Irregular Dissolution the Company

    OpenAIRE

    Fábio Augusto Barcelos Moreira Corrêa; Tereza Cristina Monteiro Mafra

    2016-01-01

    This article will analyze the Institute of disregard for the legal personality in situations involving irregular dissolution the limited liability company, in light of the jurisprudence of the Superior Court Tribunal. We highlight the impact that new code of Civil procedure will provide for analysis to safeguard the autonomy of assets of the legal person, as well as the guarantee of due process and of ample defense, directly impacting on business law. The analysis aims to contribute to the un...

  11. Understanding decentralized forest governance: an application of the institutional analysis and development framework

    OpenAIRE

    Krister Andersson

    2006-01-01

    This paper analyzes how local institutional arrangements shape outcomes in the increasingly decentralized policy regimes of the non-industrialized world. The goal is to evaluate local institutional strategies associated with effective forest governance. I use the Institutional Analysis and Development (IAD) framework to study the institutional conditions conducive to effective decentralized forest governance and how these relate to sustainability. The IAD-guided analysis allows me to formulat...

  12. People don't talk in institutional statements: A methodological case study of the Institutional Analysis and Development Framework

    Science.gov (United States)

    Cristy Watkins; Lynne M. Westphal

    2015-01-01

    In this paper, we describe our application of Ostrom et al.'s ADICO syntax, a grammatical tool based in the Institutional Analysis and Development framework, to a study of ecological restoration decision making in the Chicago Wilderness region. As this method has only been used to look at written policy and/or extractive natural resource management systems, our...

  13. Content and legal nature of the concept of good administration

    Directory of Open Access Journals (Sweden)

    Vlaški Bojan

    2015-01-01

    Full Text Available The subject of this paper is the analysis of the content and legal nature of the concept of good administration, perceived as an 'amalgam' of legal and non-legal principles guiding the activities of the European Union administration and administrations of its Member States. After providing a brief overview on the origins and historical development of the concept of good administration, the author focuses on the main elements of its content. In this regard, particular account shall be taken to illuminate the important components of the concept of good administration: legality, expediency, regularity, justice, equity, as well as morality. The legal nature of the concept of good administration will be discussed by casting more light on its legal aspect while acknowledging the existence of non-legal elements. In brief, the following text attempts to explain the inner meaning of the 'European' concept of good administration and to underscore its significance in the context of administrative activities of the European Union institutions, Member States and potential member states of this unique community of European states.

  14. Can green building councils serve as third party governance institutions? An economic and institutional analysis

    International Nuclear Information System (INIS)

    Sedlacek, Sabine; Maier, Gunther

    2012-01-01

    Green Building Councils (GBCs) have been established in many different countries in recent years. This paper discusses the role such organizations can play in the respective construction and real estate industry and under what circumstances a GBC can contribute positively to the development of a “greener” or “more sustainable” stock of buildings. The paper investigates the main informational problem of the industry by looking at the relation between a developer and an investor from an economic point of view. We argue that the investor's uncertainty about the true quality of a building and the corresponding incentive for the developer to cheat may lock them into a prisoners' dilemma trap. The corresponding barriers for a transition toward a “greener” buildings market are analyzed. GBCs are described as institutions of economic governance that can assist the economy in overcoming these problems. They can act as third party institutions in transactions between developers and investors. By certifying the quality of a building, they can reduce the risk for the investor to be cheated by the developer and also increase the incentive to develop good quality buildings for the developer. This task, however, raises some severe management challenges for the GBCs. - Highlights: ► We focus on Green Building Councils and their economic role. ► The paper investigates the informational problem of the sustainable building market. ► Developers and investors are locked in a prisoner's dilemma. ► Can the councils act as third party institutions to certify quality of buildings? ► Credibility and reliability are key features for third party certification.

  15. Nigeria's energy policy: Inferences, analysis and legal ethics toward RE development

    International Nuclear Information System (INIS)

    Ajayi, Oluseyi O.; Ajayi, Oluwatoyin O.

    2013-01-01

    The study critically assessed the various policy issues of sustainable energy development in Nigeria. The basic focus was to discuss and analyze some of the laws of the federation as it relates to the development of Renewable Energy in Nigeria. It surveyed the nation's energy policy statement and the vision 20:2020 of the federal government. The Renewable Energy Master Plan developed by the joint efforts of the Energy Commission of Nigeria and United Nations Development Programs were also appraised. The level of development and the index of renewable energy production as stated by the policy statement, the vision 20:2020 and the Renewable Energy Master Plan were highlighted. The study found some policy challenges which include weak government motivation, lack of economic incentives, multiple taxations, non-existent favorable customs and excise duty act to promote renewable energy technologies. Further to this, some legal reforms which may aid the promotion of renewable energy development in Nigeria and also make robust the nation's energy policy were proposed. Some of the laws that require amendment to promote renewable energy include the land use act, environmental impact assessment decree and the investment laws of the federation of Nigeria. - Highlights: • The study exposed the energy policy issues of Nigeria. • The various policy documents and the energy statement of vision 20:2020 were surveyed. • Various challenges impinging growth or renewable energy were highlighted. • Some suggestions for policy reformation were proposed

  16. A comparative legal analysis of social media advertising of drugs in Germany and the United States.

    Science.gov (United States)

    Buechner, Bianca

    2013-01-01

    Pharmaceutical companies use social media such as Facebook and Twitter more and more to advertise their products. Advertising of medicinal products especially in social media is a critical issue confronting patient protection, competition law and ethical concerns in direct-to-consumer advertising. Advertising in the World Wide Web must take into account national and international regulations, depending on which user from which country will have access to the information posted. Different legal requirements, if any, regulate the advertising of medicinal products. This paper discusses, challenges and compares the requirements and regulations of advertising medicinal products in social media, such as Facebook, in the United States on a federal level and the European Union with Germany as a reference Member State. Social media are very active and fast moving. Therefore, it is challenging and necessary at the same time to set guidelines and regulations for the use of social media in drug advertising. This paper is a first step toward promoting an international, consistent approach when talking about regulating advertising of medicinal products in social media.

  17. Analysis of the legal attributes and implications of professional dental assistants: view of the assistant him

    Directory of Open Access Journals (Sweden)

    Marco Antonio Scanavini

    2009-01-01

    Full Text Available Objective: To analyze the attributes and legal implications of the Dentists’ Assistants, both from the aspect of the use of their services and their education/training. Methods: Five hundred questionnaires were distributed to Dentists’ assistants in private clinics in the region of Piracicaba, São Paulo, of which 127 (25.4% returns were received, answered by the assistants themselves.Results: All the professionals researched were women, and 55.9% of them had completed high school. The majority of the assistants were trained by the dentist him/herself, sometimes exceeding, and at other times falling short of the demands of their functions. The majority (18.1% were registered with the Regional Council of Dentistry and 74.8% were registered in the Employment Books. No assistants were sued by or received warning from the Regional Council of Dentistry.Conclusion: Wider publication of the Dental Code of Ethics and consolidation of norms for procedures in the Dentistry councils as regards professionals and assistants is important in order to avoid misuse of their services. Stricter monitoring is required to prevent assistants from performing inadequate activities, as well as those outside of their professional education.

  18. One Health stakeholder and institutional analysis in Kenya

    Science.gov (United States)

    Kimani, Tabitha; Ngigi, Margaret; Schelling, Esther; Randolph, Tom

    2016-01-01

    Introduction One Health (OH) can be considered a complex emerging policy to resolve health issues at the animal–human and environmental interface. It is expected to drive system changes in terms of new formal and informal institutional and organisational arrangements. This study, using Rift Valley fever (RVF) as a zoonotic problem requiring an OH approach, sought to understand the institutionalisation process at national and subnational levels in an early adopting country, Kenya. Materials and methods Social network analysis methodologies were used. Stakeholder roles and relational data were collected at national and subnational levels in 2012. Key informants from stakeholder organisations were interviewed, guided by a checklist. Public sector animal and public health organisations were interviewed first to identify other stakeholders with whom they had financial, information sharing and joint cooperation relationships. Visualisation of the OH social network and relationships were shown in sociograms and mathematical (degree and centrality) characteristics of the network summarised. Results and discussion Thirty-two and 20 stakeholders relevant to OH were identified at national and subnational levels, respectively. Their roles spanned wildlife, livestock, and public health sectors as well as weather prediction. About 50% of national-level stakeholders had made significant progress on OH institutionalisation to an extent that formal coordination structures (zoonoses disease unit and a technical working group) had been created. However, the process had not trickled down to subnational levels although cross-sectoral and sectoral collaborations were identified. The overall binary social network density for the stakeholders showed that 35 and 21% of the possible ties between the RVF and OH stakeholders existed at national and subnational levels, respectively, while public health actors’ collaborations were identified at community/grassroots level. We recommend

  19. Feminist Development Economics : An Institutional Approach to Household Analysis

    NARCIS (Netherlands)

    I.P. van Staveren (Irene); O. Odebode (Olasunbo)

    2014-01-01

    markdownabstract__Abstract__ In this chapter, we argue that an institutional approach to feminist development economics provides deeper understandings to how gender inequalities function in economic processes in developing countries. We do this in three ways. First, we distinguish between

  20. Scripps Institution of Oceanography Ferromanganese Nodule Analysis File - IDOE Portion

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — The Scripps Institution of Oceanography (SIO) compiled data on the geochemistry of marine ferromanganese nodules, funded by the U.S. National Science Foundation...

  1. Economic and legal consequences of concluded apparent legal on national interests in Montenegro

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

    Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

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

  3. Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

    Science.gov (United States)

    Trembecka, Anna

    2013-06-01

    Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings. Zmiana ustawy o szczególnych zasadach przygotowywania i realizacji inwestycji w zakresie dróg publicznych spowodowała przyspieszony tryb pozyskiwania gruntów przeznaczonych pod budowę dróg. Wydawana na jej podstawie decyzja o zezwoleniu na realizację inwestycji drogowej wywołuje szereg skutków, tj. m.in. ustala lokalizację drogi, zatwierdza podziały geodezyjne, zatwierdza projekt budowlany a także powoduje nabycie nieruchomości z mocy prawa, przez Skarb Państwa lub jednostki samorządu terytorialnego. Przeprowadzone badania wykazały iż w powyższym trybie miasto Kraków nabyło w okresie 3 lat ponad 31 ha gruntów przeznaczonych na realizację inwestycji drogowych. Odszkodowanie ustalane jest w drodze odrębnego postępowania w oparciu o operat szacunkowy okre

  4. Model of Individual Constitutional Complaint Subject to Commonwealth of Independent States Members’ Legislation: a Comparative Legal Analysis

    Directory of Open Access Journals (Sweden)

    Vladimir S. Kukhlivskiy

    2014-01-01

    Full Text Available CIS members legislation regulating judicial proceedings on individual constitutional complaints is in the process of development, the relevant problems are debated by leading experts on national and international level. In view of the aforesaid this article is devoted to core concept of constitutional complaint - the model of complaint and contains comparative legal analysis of models incorporated in legislation of CIS members in different historical periods. The author proposes to enlarge the list of objects of constitutional complaint so that it includes all types of normative acts as well as individual acts, i.e. to introduce the model of full constitutional complaint. The named measures are aimed to strengthen protection of constitutional human rights in Russia and also to decrease the number of complaints against Russia filed to European Court of Human Rights.

  5. [Bioorganic chemistry: institutes, journals, publications, a short scientific metric analysis. On the 50th anniversary of the Institute of Natural Compound Chemistry, Institute of Bioorganic Chemistry].

    Science.gov (United States)

    Spichenkova, N E; Vas'kovskiĭ, V E

    2009-01-01

    An attempt to illustrate the development of bioorganic chemistry in Russia and all over the world has been made. The development of a new field of science was accompanied by the emergence of specialized journals, organizations, departments and institutions for research in this field. A brief report about the four most important world journals on bioorganic chemistry is represented. The analysis of publications of world scientific institutions, having the word "bioorganic" in their title since 1972 to the middle of 2008, has been made with the help of information from Web Science. The publication distribution among countries, institutions, languages, journals, and the list of the most productive authors clearly demonstrate the leading role of the USSR and Russia and of the Institute of Natural Compound Chemistry, Institute of Bioorganic Chemistry, in the creation and development of this field of science in the world. The publication distribution among the areas of knowledge displays a close connection between bioorganic chemistry and a number of the other fields of science, first of all, biochemistry and molecular biology, and also organic chemistry.

  6. Similarity analysis of spectra obtained via reflectance spectrometry in legal medicine.

    Science.gov (United States)

    Belenki, Liudmila; Sterzik, Vera; Bohnert, Michael

    2014-02-01

    In the present study, a series of reflectance spectra of postmortem lividity, pallor, and putrefaction-affected skin for 195 investigated cases in the course of cooling down the corpse has been collected. The reflectance spectrometric measurements were stored together with their respective metadata in a MySQL database. The latter has been managed via a scientific information repository. We propose similarity measures and a criterion of similarity that capture similar spectra recorded at corpse skin. We systematically clustered reflectance spectra from the database as well as their metadata, such as case number, age, sex, skin temperature, duration of cooling, and postmortem time, with respect to the given criterion of similarity. Altogether, more than 500 reflectance spectra have been pairwisely compared. The measures that have been used to compare a pair of reflectance curve samples include the Euclidean distance between curves and the Euclidean distance between derivatives of the functions represented by the reflectance curves at the same wavelengths in the spectral range of visible light between 380 and 750 nm. For each case, using the recorded reflectance curves and the similarity criterion, the postmortem time interval during which a characteristic change in the shape of reflectance spectrum takes place is estimated. The latter is carried out via a software package composed of Java, Python, and MatLab scripts that query the MySQL database. We show that in legal medicine, matching and clustering of reflectance curves obtained by means of reflectance spectrometry with respect to a given criterion of similarity can be used to estimate the postmortem interval.

  7. Legal analysis of contract models in a common Nordic electricity retail market

    Energy Technology Data Exchange (ETDEWEB)

    Bjoerneby, Henrik; Alvik, Ivar

    2012-07-01

    The main objective of this study is to consider the legal advantages and disadvantages with different contract models given NordREG's choice of a supplier centric model with mandatory combined billing in a future Nordic end-user market for electricity.At the outset, there are today three relevant categories of agreements in place between customers, suppliers and DSOs in the Nordic electricity retail markets: the electricity supply agreements between customers and suppliers, the grid use agreements between customers and DSOs, and the grid connection agreements usually entered into between customers and DSOs. We have assumed that issues governed by the grid connection agreements will still be entered into by DSOs under a supplier centric model. Two general contract models have on this basis been considered as possible approaches to regulation of electricity supply and grid use terms under a future supplier centric model. The subcontractor model is considered in more detail in chapter 7 of this report. Under this model, the customer enters into a contract with the supplier governing both electricity supply and grid use. The supplier then enters into a separate contract with the DSO for grid use, making the DSO a subcontractor for this service. The Danish wholesale model which will be implemented from 1 October 2014 represents one example of a subcontractor model.The main advantage of the subcontractor model is that it will entitle the customer to envisage the electricity supply, including grid services, as a single service delivered by the supplier. On the other hand, the sub-contractor model will extend the responsibilities of suppliers towards customers. We discuss the advantages and disadvantages of this model further in section 7.2. The power of attorney model is considered in more detail in chapter 8 of this report. Under this model, the customer and the DSO will still formally be contract parties to the grid use agreement, but the supplier will act with a

  8. Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2017-12-01

    Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

  9. 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...

  10. Carbon sinks and emissions trading under the Kyoto Protocol: a legal analysis.

    Science.gov (United States)

    Bettelheim, Eric C; D'Origny, Gilonne

    2002-08-15

    The controversy over the issues of carbon sinks and emissions trading nearly aborted the Kyoto Protocol. The lengthy and intense debate over the roles that each are to play under the Protocol and the consequent political compromises has resulted in a complex set of provisions and an arcane nomenclature. The distinction drawn between the use of carbon sinks in developed countries under Joint Implementation and their use in developing countries under the Clean Development Mechanism (CDM) is a particular source of intricacy. It is at least arguable that key elements of the compromises reached at COP-6 and COP-7 in this regard are inconsistent with the terms of the Protocol and are ultra vires the Convention on Climate Change. This is a source of both uncertainty and potential legal challenge. Not only do the recent decisions create needless complexity, they also clearly discriminate against developing nations. Among the recent political compromises is the creation of a third type of non-bankable but tradeable unit with respect to forest management, which is only available to Annex I countries. The result is an anomalous one in which a variety of otherwise equivalent carbon credits can be generated under three different regimes including one, the CDM, that is subject to an elaborate regulatory overlay that discriminates against carbon sequestration by developing countries. For example, complying developed countries can essentially self-certify sequestration projects. In contrast, projects in developing countries must obtain prior approval from a subsidiary body, the CDM Executive Board, mandated to require detailed information and impose substantive and procedural hurdles not required or imposed by its companion body, the Article 6 Supervisory Committee on Joint Implementation Projects. The parallel and related debate over the third 'flexibility' mechanism, emissions trading, compounded the complexity of an already asymmetric and bifurcated system. The new requirements

  11. Integration of marine transport into the European Emissions Trading System. Environmental, economic and legal analysis of different options

    Energy Technology Data Exchange (ETDEWEB)

    Baeuerle, Tim [Rechtsanwaelte Zimmermann - Gretz - Trautmann - Baeuerle, Heidelberg (Germany); Graichen, Jakob; Meyer, Kristin; Seum, Stefan [Oeko-Institut e.V., Berlin (Germany); Kulessa, Margareta [Mainz Univ. of Applied Sciences (Germany); Oschinski, Matthias

    2010-05-15

    Marine vessels globally contribute to carbon dioxide emissions with approximately 3.3% (IMO 2009). Interna-tional ocean shipping has been growing significantly over recent years. To date international marine emissions are not part of the Kyoto obligations and the member states at IMO have not implemented instruments that would have limited or reduced the amount of greenhouse gas emissions from ships. The European Union has announced that if no international agreement including reduction targets for seaborne emissions has been approved by the UNFCCC by December 31, 2011, the EC is tasked to submit a proposal for including international marine transport in Euro-pean reduction targets and policy measures. An inclusion of international marine transport in the European Emis-sions Trading Scheme (EU ETS) is a likely scenario. The study investigates three options for integrating international ocean shipping into the EU ETS based on: a last period; the last distance travelled and the distance the cargo has travelled. Basing the system on a last period is superior to basing it on last trip or cargo in terms of environmental effectiveness. However, the system would cover vessel activities in international waters, even potentially between two non-European ports, and thus the legal feasi-bility of this challenge is discussed. Another element of the study is the analysis of the economic effects of the inte-gration of international seaborne greenhouse gas emissions into the EU ETS. Overall it can be concluded that the integration of international ocean shipping into the EU ETS is a legally and technically feasible option with no significantly negative or even beneficial economic effects. The extension to vessel activity in international waters secures adequate coverage and environmental effectiveness. This extension to vessel activity in international waters is not only a prerequisite for adequate emissions coverage, but is also associated with the least legal obstacles, is

  12. ASPECTS OF LEGAL REGIME APPLICABLE TO THE SECONDMENT NATIONAL EXPERTS TO THE EU INSTITUTIONS AND BODIES REGULATED BY THE LAW NO. 105/2012

    Directory of Open Access Journals (Sweden)

    Brândușa Vartolomei

    2012-11-01

    Full Text Available Law no. 105/2012, without comprehensive claims, establishes special rules applicable to national experts on secondment to the European Union institutions and bodies. Based on regulations adopted in the field of EU officials and national experts on secondment normative act adopted domestically presents some new issues, innovative and, although different from those in the law, meet European requirements applicable in this matter.

  13. Empirical analysis of investment strategies for institutional investors

    NARCIS (Netherlands)

    Swinkels, L.A.P.

    2003-01-01

    This thesis consists of three parts that examine several topics concerning institutional asset management. In Part I, investment strategies based on stock returns in previous months known as momentum strategies are investigated in more detail. More specifically, the driving forces behind these

  14. Trust in food: a comparative and institutional analysis

    National Research Council Canada - National Science Library

    Kjærnes, Unni; Warde, Alan; Harvey, Mark

    2007-01-01

    ... and institutional performance 2.6 Institutionalized relationships of trust 2.7 Determinants of trust in institutionalized arrangements 2.8 Forms of institutionalization and forms of trust in contemporary food markets 18 19 21 23 25 27 29 34 37 3 Enquiring into Trust: Some Methodological Considerations 3.1 The project 3.2 The nature of the comparative inst...

  15. The Policy Choices of Bureaucrats: an institutional analysis

    NARCIS (Netherlands)

    S. Naseer (Shaheen)

    2018-01-01

    textabstractThis dissertation analyzes the over-arching question of how the institutional and social context of public bureaucracy impact the choices of bureaucrats. These choices are introduced in the form of inertial-preferences and identity-driven preferences in the decision-making of

  16. Institutional barriers and incentives for ecosystem management: a problem analysis.

    Science.gov (United States)

    H.J. Cortner; M.A. Shannon; M.G. Wallace; S. Burke; M.A. Moote

    1996-01-01

    Ecosystem management is currently being proposed as a new resource management philosophy. This approach to resource management will require changes in how society approaches nature, science, and politics. Further, if efforts to implement ecosystem management are to succeed, institutional issues must be examined. This report identifies five problem areas where social...

  17. Thermal comfort analysis of hostels in National Institute of ...

    Indian Academy of Sciences (India)

    Thermal comfort study was carried out in the hostels of National Institute of Technology Calicut,Kerala, which is located in a warm humid climatic zone of India. Measurements of ambient temperature, globe temperature, relative humidity, air velocity and illuminance were carried out in eight hostels, and in parallel a ...

  18. Institutional Diversity in Ontario's University Sector: A Policy Debate Analysis

    Science.gov (United States)

    Piché, Pierre G.; Jones, Glen A.

    2016-01-01

    In order to meet the demands in a cost-effective manner of an emerging knowledge society that is global in scope, structural higher education policy changes have been introduced in many countries with a focus on systemic and programmatic diversity. There has been an ongoing debate about institutional diversity in Ontario higher education,…

  19. CHOOSING A HEALTH INSTITUTION WITH MULTIPLE CORRESPONDENCE ANALYSIS AND CLUSTER ANALYSIS IN A POPULATION BASED STUDY

    Directory of Open Access Journals (Sweden)

    ASLI SUNER

    2013-06-01

    Full Text Available Multiple correspondence analysis is a method making easy to interpret the categorical variables given in contingency tables, showing the similarities, associations as well as divergences among these variables via graphics on a lower dimensional space. Clustering methods are helped to classify the grouped data according to their similarities and to get useful summarized data from them. In this study, interpretations of multiple correspondence analysis are supported by cluster analysis; factors affecting referred health institute such as age, disease group and health insurance are examined and it is aimed to compare results of the methods.

  20. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    time the work substantiates that law is reluctant to take account of the past decisions of the individuals and institutions they are reviewing. By looking only at the particular decision under review and not calibrating the posture of review on the basis of a history of decisions reviewing courts and other reviewing institutions embody the particularism that is a large part of the American legal tradition. Practical significance the main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of legal judgments calibration.

  1. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

    Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

  2. A Corpus-Based Discourse Information Analysis of Chinese EFL Learners' Autonomy in Legal Case Brief Writing

    Science.gov (United States)

    Chen, Jinshi

    2017-01-01

    Legal case brief writing is pedagogically important yet insufficiently discussed for Chinese EFL learners majoring in law. Based on process genre approach and discourse information theory (DIT), the present study designs a corpus-based analytical model for Chinese EFL learners' autonomy in legal case brief writing and explores the process of case…

  3. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....

  4. Approaches to developing the capacity of health policy analysis institutes: a comparative case study

    Directory of Open Access Journals (Sweden)

    Bennett Sara

    2012-03-01

    Full Text Available Abstract Objectives To review and assess (i the factors that facilitate the development of sustainable health policy analysis institutes in low and middle income countries and (ii the nature of external support for capacity development provided to such institutes. Methods Comparative case studies of six health policy analysis institutes (3 from Asia and 3 from Africa were conducted. In each region an NGO institute, an institute linked to government and a university based institute were included. Data collection comprised document review, semi-structured interviews with stakeholders and discussion of preliminary findings with institute staff. Findings The findings are organized around four key themes: (i Financial resources: three of the institutes had received substantial external grants at start-up, however two of these institutes subsequently collapsed. At all but one institute, reliance upon short term, donor funding, created high administrative costs and unpredictability. (ii Human resources: the retention of skilled human resources was perceived to be key to institute success but was problematic at all but one institute. In particular staff often moved to better paid positions elsewhere once having acquired necessary skills and experience, leaving remaining senior staff with heavy workloads. (iii Governance and management: board structures and roles varied according to the nature of institute ownership. Boards made important contributions to organizational capacity through promoting continuity, independence and fund raising. Routine management systems were typically perceived to be strong. (iv Networks: linkages to policy makers helped promote policy influences. External networks with other research organizations, particularly where these were longer term institutional collaborations helped promote capacity. Conclusions The development of strong in-country analytical and research capacity to guide health policy development is critical, yet

  5. Empirical analysis of investment strategies for institutional investors

    OpenAIRE

    Swinkels, L.A.P.

    2003-01-01

    This thesis consists of three parts that examine several topics concerning institutional asset management. In Part I, investment strategies based on stock returns in previous months known as momentum strategies are investigated in more detail. More specifically, the driving forces behind these strategies are studied with emphasis on the European stock markets. In Part II, the asset allocation policy of retirements savings plans is analyzed. The influence of new pension fund regulations in the...

  6. Institutional analysis of biofuel production in Northern Ghana

    OpenAIRE

    Kwoyiga, Lydia

    2013-01-01

    The thesis studied the nature of institutional arrangement around biofuel production and how this arrangement has shaped the production outcome of biofuel companies and community development. The study was conducted in two communities of the Yendi Municipal Assembly of the Northern Region of Ghana. In this area, a biofuel company called Biofuel Africa Limited has acquired areas of land and cultivated Jatropha plantations. A total of 32 informants were interviewed to arrive at information ne...

  7. Bridging political economy analysis and critical institutionalism: an approach to help analyse institutional change for rural water services

    Directory of Open Access Journals (Sweden)

    Stephen David Jones

    2015-03-01

    Full Text Available This paper argues that approaches to understanding local institutionsfor natural resource management based on “critical institutionalism” (Cleaver2012, which emphasises the importance of improvisation and adaptationacross different scales, can be placed within broader political economy analysisframeworks for assessing challenges in public services delivery from national tolocal levels. The paper uses such an extended political economy analysis approachto understand the role of the international NGO WaterAid and its partners in Mali inrelation to institutions for financing rural water services, drawing on collaborativeresearch undertaken in 2010 and 2011. The case study shows that WaterAid’sapproach can be understood through elements of both mainstream and criticalinstitutionalist thinking. At local government level, WaterAid primarily promotesformal institutional arrangements, which exhibit the challenge of “reforms assignals” (Andrews 2013, where institutional reforms appear to happen but lackthe intended function. However, the work of WaterAid’s partners at communitylevel supports processes of “institutional bricolage” through which they try togradually work with local actors to find ways of ‘best fit’ for financing rural waterservices which adapt existing local practices into new arrangements.

  8. Preliminary analysis of legal obstacles and incentives to the development of low-head hydroelectric power in the northeastern United States

    Energy Technology Data Exchange (ETDEWEB)

    1980-05-01

    A preliminary analysis of the legal obstacles and incentives to the development of the low-head hydroelectric potential of the 19 northeastern US (Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Michigan, Illinois, Wisconsin, Kentucky, Maryland, Delaware, Virginia, and West Virginia) is presented. The statutes and case laws of the 19 states and the Federal government which affect developers of small dams are stressed. The legal uncertainty which confronts the developer of small dams and the regulatory burden to which the developer may be subjected once the uncertainty is resolved are emphasized.

  9. 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)

  10. The Europeanization of the Academic Environment: Discourse Analysis from a Neo-institutional Perspective

    Directory of Open Access Journals (Sweden)

    ISABELA IEŢCU-FAIRCLOUGH

    2009-03-01

    Full Text Available Based on the neo-institutional theory which deals with the ways in which institutions, seen as sets of cognitive, normative and regulatory elements, manage - or not - human action, this work investigates a series of aspects of the reform of the University institution in Romania. The empirical data include strategic documents issued by the University of Bucharest [Analiza diagnostic 2007: Universitatea din Bucureşti în context naţional şi mondial - (Diagnostic analysis 2007: The University of Bucharest in the national and international contexts]. The analytical framework is provided by the neo-institutional theory and by the critical discourse analysis. The study shows that the cognitive and normative dimensions of institutional transformation are poignantly represented in the institutional discourse. However, the regulatory constitution, the framework of regulations and measures which should be adopted in order to translate the institutional project into practice, is absent.

  11. Legal and Institutional Regime for the Management of Arid and Semi-arid Ecosystems in the IGAD Member Countries, with Special Reference to Kenya

    International Nuclear Information System (INIS)

    Ojwang', J.B

    2001-01-01

    Drought and desertification constitute the most severe limitations to effective utilisation of natural resources and thus socio-economic development in the countries of Eastern Africa. Ojwang' says that, the criteria for combating desertification may derived from international law, and in particular from the Conventional to Combat Desertification (1994). This can be made at the levels of policy, law and institutions, to maintain an optimal interaction of the various elements of ecology which ensures the requisite balances. This can be achieved by promotion of regional co-operation through organizations such as International Authority on Development (IGAD). IGAD member countries have adopted approaches to the physical and social problems occasioned by conditions of drought though limited in maintaining balanced ecological cycles

  12. Legal Regulatory Framework for the Sustainable Extraction of Australian Offshore Petroleum Resources. A Critical Functional Analysis

    OpenAIRE

    Hunter, Tina

    2010-01-01

    The sustainable development of petroleum resources in Australia forms the study of this thesis. Sustainable development in this thesis is defined as development that meets the needs of the present without compromising the ability of the future generations to meet their own needs. It encompasses three interconnected pillars: economic development, social development and environmental protection. This thesis is confined to an analysis of the sustainable socio-economic extraction of Australia’s o...

  13. “We’re vulnerable too”: an (alternative analysis of vulnerability within criminal legal aid and police custody

    Directory of Open Access Journals (Sweden)

    Roxanna Dehaghani

    2017-12-01

    Full Text Available This paper considers criminal justice through the lens of vulnerability theory, drawing attention to unexplored or underexplored vulnerabilities in the criminal justice system of England and Wales. We address three layers of vulnerability. The first identifies those who have more traditionally, although not unproblematically, attracted the label ‘vulnerable’; suspects in the criminal process. The second examines the vulnerability of those who, as humans, can be appreciated as vulnerable, but, within their roles in the criminal process, are not typically considered vulnerable – custody officers and defence lawyers. The third, least considered, explores the vulnerability of institutions – the police service and criminal legal aid system. Institutional failure to provide resources, and thus bolster the resilience of suspects and practitioners, can serve to further exacerbate vulnerability. Using empirical data, we explore how vulnerability manifests within the crucial early stages of the criminal process. In doing so, we provide a more holistic and critical account of vulnerability within the criminal justice system.Este artículo aborda la justicia penal desde la óptica de la teoría de la vulnerabilidad, y llama la atención sobre las vulnerabilidades no exploradas o poco exploradas del sistema de justicia penal de Inglaterra y Gales. Nos ocupamos de tres capas de vulnerabilidad. La primera se identifica con aquéllos que tradicionalmente, aunque no sin polémica, han atraído la etiqueta de "vulnerables"; sospechosos en el procedimiento penal. La segunda examina la vulnerabilidad de aquéllos que, como humanos, se pueden percibir como vulnerables, pero, en sus roles dentro del procedimiento penal, normalmente no están considerados como vulnerables - oficiales encargados de la custodia y abogados defensores. La tercera, la menos tenida en cuenta, explora la vulnerabilidad de las instituciones - el cuerpo policial y el sistema jur

  14. Dacha in Post-Soviet Russia: Institutional Analysis

    Directory of Open Access Journals (Sweden)

    Rozmainsky Ivan V.

    2017-06-01

    Full Text Available This paper tries to analyze the phenomenon of «dacha» according to D. North's approach to institutions. The authors explore how dacha has become mass phenomenon in the late USSR, and how social and economic role of dacha increased in the Post-Soviet period. The specific features of the Post-Soviet Russia’s deurbanization has been studied. In particular, these features include large engagements of citizens in the rural way of life associated with dacha. It is shown how «dacha-ization» attributed to the crony capitalism. The economic role of dacha in Post-Soviet Russia is confirmed by comprehensive statistics, in particular. These data show that in Russia dacha serves rather as the source of food production than as place for leisure and recreation. The paper concludes that explicit priority of the model of organic agriculture in the dacha can be a kind of the solution of the problem of decreasing goods’ quality in the market economy (earlier described by one of the authors of the current paper. Moreover, this priority was fundamentally argued by D. I. Mendeleev. The authors believe that dacha will remain as an important institution for the Russians in coming years.

  15. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

    textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an

  16. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

  17. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  18. A risk analysis approach applied to field surveillance in utility meters in legal metrology

    Science.gov (United States)

    Rodrigues Filho, B. A.; Nonato, N. S.; Carvalho, A. D.

    2018-03-01

    Field surveillance represents the level of control in metrological supervision responsible for checking the conformity of measuring instruments in-service. Utility meters represent the majority of measuring instruments produced by notified bodies due to self-verification in Brazil. They play a major role in the economy once electricity, gas and water are the main inputs to industries in their production processes. Then, to optimize the resources allocated to control these devices, the present study applied a risk analysis in order to identify among the 11 manufacturers notified to self-verification, the instruments that demand field surveillance.

  19. 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.

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

    OpenAIRE

    Anca POPESCU-CRUCERU

    2013-01-01

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

  1. Teaching legal english as a second language

    OpenAIRE

    Elena Codruta BADEA

    2012-01-01

    In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the def...

  2. General Lines of Disregard for the Legal Personality on Irregular Dissolution the Company

    Directory of Open Access Journals (Sweden)

    Fábio Augusto Barcelos Moreira Corrêa

    2016-12-01

    Full Text Available This article will analyze the Institute of disregard for the legal personality in situations involving irregular dissolution the limited liability company, in light of the jurisprudence of the Superior Court Tribunal. We highlight the impact that new code of Civil procedure will provide for analysis to safeguard the autonomy of assets of the legal person, as well as the guarantee of due process and of ample defense, directly impacting on business law. The analysis aims to contribute to the understanding of the Institute, and the systematic procedure. Adopting the dialectical methodology and criticism.

  3. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

  4. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

    Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.

  5. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

    Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"

  6. A legal-ethical analysis of reproductive endocrinologists' right to refuse ovulation induction to patients with diminished ovarian reserve.

    Science.gov (United States)

    Karipcin, Fethiye Sinem; Hossain, Amjad; Phelps, John Y

    2011-11-01

    Review of the legal and ethical basis for reproductive endocrinologists to refuse ovulation induction to patients with diminished ovarian reserve. The Lexis-Nexis search engine was used to perform a legal review pertaining to refusal of treatment. Ethical opinions of medical organizations were also reviewed. Federal antidiscrimination laws provide legal recourse for patients with diminished ovarian reserve who are denied ovulation induction. However, the same laws also permit refusal of care when there is bona fide medical justification to decline services. In addition, the codes of ethics for relevant professional organizations support physicians' decisions to refuse treatment when treatment is futile. Although it is ethically and legally permissible to deny ovulation induction to patients with diminished ovarian reserve when medically justified, refusal may invite retaliatory litigation. Counseling remains a cornerstone in directing these patients to options with more potential for success, such as donor eggs and adoption.

  7. Analysis of surveying and legal problems in granting right-of-way and expropriation for the purpose of locating technical infrastructure

    Science.gov (United States)

    Trembecka, Anna

    2016-06-01

    A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

  8. Including People with Dementia in Research: An Analysis of Australian Ethical and Legal Rules and Recommendations for Reform.

    Science.gov (United States)

    Ries, Nola M; Thompson, Katie A; Lowe, Michael

    2017-09-01

    Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives.

  9. A Preliminary Analysis of Insects of Medico-legal Importance in Curitiba, State of Paraná

    Directory of Open Access Journals (Sweden)

    Mauricio Osvaldo Moura

    1997-03-01

    Full Text Available A survey of the carrion fauna was made at two sites in Curitiba, State of Paraná, with the objective of describing the insects associated with carrion and setting up a preliminary data-base for medico-legal purposes in south Brazil. Vertebrate exclusion experiments were carried out in each season between 1994 and 1995 with a 250 g laboratory-bred rat (Rattus norvegicus. Five stages of decomposition were identified: fresh, bloated, decaying, dry and adipocere-like. Some species showed seasonal and site preference and so could be used to identify the probable place and season where death took place. Sarconesia chlorogaster (Diptera, Calliphoridae was restricted to an open field site and to cooler months. Hemilucilia semidiaphana (Diptera, Calliphoridae and Pattonella resona (Diptera, Sarcophagidae were restricted to the forest site and warmer months. Phaenicia eximia (Diptera, Calliphoridae and Oxyletrum discicolle (Coleoptera, Silphidae were present at both sites throughout the year and could be useful for population level analysis. Dissochaetus murray (Coleoptera, Cholevidae was present throughout the year at the forest site and was associated with the adipocere-like stage. Ants played an important role producing post-mortem injuries to the carcasses. Insects of 32 species are reported as being useful in community level approaches

  10. Caffeine and Bicarbonate for Speed. A Meta-Analysis of Legal Supplements Potential for Improving Intense Endurance Exercise Performance.

    Science.gov (United States)

    Christensen, Peter M; Shirai, Yusuke; Ritz, Christian; Nordsborg, Nikolai B

    2017-01-01

    A 1% change in average speed is enough to affect medal rankings in intense Olympic endurance events lasting ~45 s to 8 min which for example includes 100 m swimming and 400 m running (~1 min), 1,500 m running and 4000 m track cycling (~4 min) and 2,000 m rowing (~6-8 min). To maximize the likelihood of winning, athletes utilizes legal supplements with or without scientifically documented beneficial effects on performance. Therefore, a continued systematic evidence based evaluation of the possible ergogenic effects is of high importance. A meta-analysis was conducted with a strict focus on closed-end performance tests in humans in the time domain from 45 s to 8 min. These test include time-trials or total work done in a given time. This selection criterion results in a high relevance for athletic performance. Only peer-reviewed placebo controlled studies were included. The often applied and potentially ergogenic supplements beta-alanine, bicarbonate, caffeine and nitrate were selected for analysis. Following a systematic search in Pubmed and SportsDiscuss combined with evaluation of cross references a total of 7 (beta-alanine), 25 (bicarbonate), 9 (caffeine), and 5 (nitrate) studies was included in the meta-analysis. For each study, performance was converted to an average speed (km/h) from which an effect size (ES; Cohens d with 95% confidence intervals) was calculated. A small effect and significant performance improvement relative to placebo was observed for caffeine (ES: 0.41 [0.15-0.68], P = 0.002) and bicarbonate (ES: 0.40 [0.27-0.54], P endurance performance. Importantly, for all supplements an individualized approach may improve the ergogenic effect on performance.

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

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

    Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

  12. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  13. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  14. Institutional Analysis of Bounded Rationality of the Contemporary Russians

    Directory of Open Access Journals (Sweden)

    Ivan V. Rozmainsky

    2017-12-01

    Full Text Available The paper argues that behavior of present-day Russians is inconsistent with standard Neoclassical economics and can be better explained by the synthesis of various branches of Institutionalism and Post Keynesianism. Authors try to show that the present-day Russians are characterized by bounded rationality when they invest in health and financial assets, by fits and starts spend their incomes and cannot predict future levels of these incomes. Sometimes such bounded rationality manifests itself as investor myopia – a phenomenon that describes a situation when people exclude future variables from consideration starting from some threshold point of time. Investor myopia can lead to negative investment in health via smoking and heavy drinking, and also generate non-rational saving behavior. Furthermore, the contemporary Russians behave in the opportunistic manner. In particular, in the course of important examination writing the majority of people prefer to cheat off. Finally, the social pressure modifies the consumptive choice of the present-day Russians; in other words, this choice is not intrinsic. These statements are verified on the base of opinion poll findings by authors in 2016 and 2017. Sample included 521 persons, mainly young people. These data are analyzed by means of econometric – binomial and multinomial logit-models. The results of these studies show that the contemporary Russians are really characterized by bounded rather than perfect rationality. One of the conclusions is that fee-paying educated students are significantly less rational in their saving choice.

  15. An Analysis of Merit Pay Reforms in Educational Institutions

    Directory of Open Access Journals (Sweden)

    Andrew Brulle

    2006-05-01

    Full Text Available With roots in behaviorist philosophy, performance pay for teachers is often linked to accountability regimes in school reform. The theory girding such programs suggests that pay as an economic incentive can help cause teachers to increase student outcomes as measured by standardized test scores. What is little noticed by many educationists, but particularly by policy makers, is how programmatic effects affect the ontology of educational environment. There are several ways to approach the viability of such programs. In this study of three pay-for-performance programs, two in the U.S. and one in the UK, we provide theoretic insights in light of three variables: (i their psychological framework, (ii teacher efficacy and the teacher-student relationship, and (iii how the psychological impact of such programs coincides with larger institutional forces. Using theory to examine pay-for-performance is necessary in order to get beneath mere data and secure more thorough understandings of the phenomenological impacts of performance pay. And better understanding of these foundational features is necessary, even critical, in order to fully appreciate the economic and informational trade-offs in implementation. Our study suggests that as a small-scale reform measure and when it specifically accounts for complexities of educational production, performance pay may be a viable reform option.

  16. REGULATION OF A RIGHT TO A SALARY IN THE INTERNATIONAL LEGAL INSTRUMENTS OF ILO AND UN AND THEIR IMPLEMENTATION IN THE INTERNATIONAL LABOUR LEGISLATION IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Darko Majhošev

    2017-07-01

    Full Text Available This paper deals with the salary as the most important legal institute, element and principle of the labour relations. Before we approach the analysis of the legal regime of the salary, we will define the term labour relations. This paper puts special emphasis on the terminology of the notion salary, as well as the legal nature of the legal regime of the salary. Additionally, in this paper the most important international legal instruments of ILO, UN and The European Council are analyzed for salary regulation and ban on compensation discrimination. In this context, the most important legal acts in the Republic of Macedonia are analyzed which regulate the legal institute salary, i.e. the minimum wage (The Constitution, Labour Law, and Law on Minimum Wage.

  17. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php

  18. 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.

  19. Institutionalism and Commissions Executive Discretion: an Empirical Analysis

    Directory of Open Access Journals (Sweden)

    Fabio Franchino

    1998-07-01

    Full Text Available Theory: The adoption of EC secondary legislation can be analyzed from the perspective of agency theory whereby Member States and the Parliament delegate policy authority to the Commission and design ex-post control procedures (i.e. Comitology. Rational choice and sociological institutionalisms differ in their predictions on the way rules and norms affect the extent of executive discretion. Hypothesis: Three institutionalist hypotheses are tested. The rationalist one derives from a Bayesian game developed by the author. It posits that Commissions executive discretion in non amending secondary legislation is a function of: 1 formal legislative procedure, 2 information asymmetry and 3 distribution of principals preferences. A fourth variable, legislative instrument, is also included. The diluted rationalist hypothesis substitutes formal with informal procedure in one policy area. The socio-rational hypothesis adds two new variables, that is the opinions of the Parliament and the Economic and Social Committee. A final co-graduation test is conducted on whether more discretion leads to more stringent ex-post control. Methods: Given the bimodal error structure of the regression model, I have bootstrapped the regression coefficients and computed the 95% confidence intervals of the null hypothesis. Bootstrapping has also been used to test the role of the European Parliament, of opinions and the co-graduation between discretion and ex-post control. A stratified sample of non amending secondary legislation adopted from 1987 to 1993 has been drawn to test the hypotheses. Results: The diluted rationalist hypothesis is the most accurate. Information asymmetry, informal legislative procedures and legislative instruments are statistically and substantively relevant in explaining executive discretion. Distribution of preferences has weak explanatory power probably because of the lack of reliable data and appropriate measurement. The Parliament and opinions do

  20. Online vs. On-Campus: An Analysis of Course Prices of U.S. Educational Institutions

    Science.gov (United States)

    Wang, Shouhong

    2015-01-01

    Pricing online courses is an important issue for managing online education. This research note reports a statistical analysis of price differences between online courses and on-campus courses at 103 US educational institutions based on the data available on the Internet. The finding indicates that educational institutions set significantly lower…

  1. Nonresident Enrollment Demand in Public Higher Education: An Analysis at National, State, and Institutional Levels

    Science.gov (United States)

    Zhang, Liang

    2007-01-01

    This article estimates the standard demand equations for nonresident students using national, state, and institutional level data. The national-level analysis reveals a near-unitary price elasticity, but increases in nonresident tuition and fees do not decrease nonresident enrollment. Finally, results from the institutional level of analysis…

  2. A clinical analysis of 500 medico-legal claims evaluating the causes and assessing the potential benefit of alternative dispute resolution.

    Science.gov (United States)

    B-Lynch, C; Coker, A; Dua, J A

    1996-12-01

    1. To evaluate the common causes of medico-legal dispute in obstetrics and gynaecology. 2. To assess the potential benefit of early alternative dispute resolution. A prospective analysis of over 500 cases submitted from over 100 solicitors between 1984 and 1994 for medical expert opinion on potential medico-legal claims. Five hundred consecutive cases that met the inclusion criteria: 488 from the United Kingdom and 12 from abroad (Hong Kong, Republic of Ireland). The main principles underlining medico-legal disputes and causes of such claims. Analysis of 500 claims show 46% were misguided allegations, 19% incompetent care, 12% error of judgement, 9% lack of expertise, 7% failure of communication, 6% poor supervision and 1% inadequate staffing. Of the misguided allegations 119/225 cases (59%) were obstetric and 111/275 (40%) cases were gynaecological. The most common cause of obstetric dispute was "cerebral palsy' (22%), while the commonest cause of gynaecological dispute was failed sterilisation (19%). Settled claims were under-reported by solicitors. Because of the high percentage (46%) of misguided allegations, an alternative course of dispute resolution must be a realistic way forward. This course of action, combined with improved communication, could result in a major reduction in the costs of potential medical litigation. Early alternative dispute resolution should be considered in an attempt to reduce the escalating quantum of damages and costs. We recommend recruiting independent, experienced and unbiased consultants in active practice within the appropriate specialty to review such cases at the level of hospital complaints management as an in house review procedure, particularly for small and moderate-sized claims, as a means whereby doctors can retain control of medico-legal disputes, in contrast to control by the legal profession.

  3. Can Institutional Investors Fix the Corporate Governance Problem? Some Danish Evidence

    DEFF Research Database (Denmark)

    Rose, Caspar

    2005-01-01

    that the black box view of institutional investors should be abandoned. Therefore, it is suggested that a more careful analysis should be devoted to each institutional investor'sown legal environment. JEL Classification: L25, G2 and G3Keywords: Corporate governance, institutional investors, concentrated...

  4. America's progress in achieving the legalization of same-gender adoption: analysis of public opinion, 1994 to 2012.

    Science.gov (United States)

    Montero, Darrel M

    2014-10-01

    The struggle to achieve the legalization of same-gender adoption is ongoing. Notably, not until 2011 was adoption by a lesbian, gay, bisexual, or transgender individual legalized in all 50 states and the District of Columbia, and adoption by same-gender couples is still illegal in many states. Anti-adoption forces are ever-present: From 2011 to 2013, at least five states passed laws granting faith-based agencies the right to refuse service to same-gender couples or to give preference to heterosexual couples. The aim of this article is, first, to examine the challenges confronting the legalization of same-gender adoption; second, to report the current legal status of same-gender adoption for each state; third, to report on Americans' attitudes toward the legalization of same-gender adoption from 1994 to 2012, drawing from previously published surveys of a cross section of Americans; and, fourth, to explore the implications for social work practice, including social advocacy and social policy implementation.

  5. Mediation Between Teodoro e Vadinho: a Waratiana Analysis of the Institute's Inclusion of Conflict Mediation in the Brazilian Judicial System

    Directory of Open Access Journals (Sweden)

    Aleteia Hummes Thaines

    2015-12-01

    Full Text Available This text analyzes the mediation institute, through a dialogic reading with the waratiano thought expressed in the book "Legal science and Her Two Husbands", emphasizing the dual stance that institute can take when on the one hand want the systematization rules and on the other, relegating such regulation to strengthen the focus on otherness, aimed at conflict transformation and rescuing sensitivity. In order to verify this dual approach, formulated the following research problem: The systematization of the institute of conflict mediation, can take Theodoro profile, removing the bias Vadinho, as reported by Warat in the book "Legal science and Her Two Husbands "? In order to answer to the proposed problem, the work has the objective to discuss the rules systematization of mediation from waratiano thought. And on the following objectives: a to study the faces of the conflict; b the institution of mediation and their schools; c to study the mediation by waratiana perspective and of "The legal science and Her Two Husbands" and its systematic rules for dealing with conflicts Already, the theoretical study of agenda-up study in the literature, based on readings several legacy works by Luis Alberto Warat, relying on a deductive method. There are many models of mediation, however, the mediation proposed by Luis Alberto Warat emphasizes the rescue of sensitivity, aimed at restoring the bonds crushed by conflict, recognizing the differences and promoting otherness, removing thus a normative rigidity to identify a looser profile, more Vadinho.

  6. SEO analysis of institutional repositories: What’s the back story?

    OpenAIRE

    Kelly, Brian; Nixon, William

    2013-01-01

    This paper summarises the approaches taken to the open analysis and interpretation of findings of surveys of the SEO (Search Engine Optimisation) characteristics of three institutional repositories provided by three Russell Group universities in the UK.

  7. Institutional Quality of the Business Environment: Some European Practices in a Comparative Analysis

    Directory of Open Access Journals (Sweden)

    Cosmin Marinescu

    2013-02-01

    Full Text Available In contemporary economic literature, we can find plenty of theoretical and empirical approaches which seek to highlight the most appropriate factorial variables that are associated with the institutional quality of the business environment. This study presents, in a summarised version, the institutional logic of transaction costs that was substantiated within a scientific research project. In essence, the economic performances of the business environment are circumscribed by the institutions that facilitate or constrain the entrepreneurial initiatives and the economic activity in general. In terms of empirical analysis, the comparative approach of the EU business environments illustrates various exemples of (good or bad practices with respect to the institutional quality of the business environment. By selecting certain relevant institutional variables, the original character of this research resides in developing an indicator – The Institutional Quality of the Business Environment (hereafter IQBE which offers a dynamic perspective upon the business environments that characterise both Romania and other EU countries.

  8. Alternative route for the MDW project for automotive fuels in the Dutch highway sector. A legal analysis

    International Nuclear Information System (INIS)

    Van Haute, J.S.R.; Kooy, J.

    2002-01-01

    In February 1998, the Dutch Government initiated an MDW project ('Marktwerking, Deregulering en Wetgevingskwaliteit', i.e. market functioning, deregulation and quality of legislation) to review ways in which competition within the motorway segment of the Dutch retail fuel market could be improved. The project reviewed the entry barriers and considered ways to stimulate competition, including preferential treatment of new entrants. The Dutch Major oil companies protested against the original plans of the Government and announced legal proceedings. The Government agreed to engage in negotiations with the oil industry in order to reach a compromise solution and avoid a legal battle. This resulted in an alternative route, which is analyzed in this article from a legal perspective [nl

  9. Institutional analysis of incentive schemes for ecosystem service provision - a comparative study across four European countries

    DEFF Research Database (Denmark)

    Prokofieva, Irina; Górriz, Elena; Boon, Tove Enggrob

    2014-01-01

    and Italy. The analysed schemes are predominantly aimed at enhancing biodiversity and improving recreation. One of the schemes is also related to preserving a variety of forest ecosystem services from forest fires. The incentive schemes are studied following a framework for the institutional analysis of PES...... developed by Prokofieva and Gorriz (Prokofieva, I. and Gorriz, E. 2013: Institutional analysis of incentives for the provision of forest goods and services: an assessment of incentive schemes in Catalonia (North-East Spain), Forest Policy and Economics, 37, 104-114.). We focus on actor and institutional...... to their institutional dimensions, as well as the role of different actors and existing institutions in their initiation, design and implementation, arise. This paper seeks to gain an understanding of these issues by analysing a number of voluntary incentive schemes currently implemented in Denmark, Finland, Spain...

  10. La infancia institucionalizada: la práctica de la Psicología Jurídica. Determinantes institucionales The institucionalized childhood: the practice of the Legal Psychology. Institutional determinants

    Directory of Open Access Journals (Sweden)

    Matilde De la Iglesia

    2006-12-01

    Full Text Available Repensar las instituciones, las prácticas y los discursos referentes a la infancia y a quienes operan en ella dentro del sistema judicial, implica un proceso de construcción- deconstrucción permanente. Revisar las variables socio-históricas respecto de la infancia institucionalizada, significa trabajar en pos de los postulados de la Convención Internacional de los Derechos del Niño, reparando en el complejo entramado que legitima la intervención sobre los niños. Esto implica recorrer un camino que va de la concepción de la infancia como objeto a otra como sujeto. El posicionamiento dentro de uno u otro de estos paradigmas, conlleva diversos niveles de sufrimiento para la infancia, los profesionales y las instituciones. Se intenta describir la práctica de la psicología jurídica con la infancia institucionalizada, en tanto práctica organizada bajo la fantasía de salvar a un niño.To rethink the referring institutions, practices and discourses to the childhood and to those who operate in her within the judicial system, implies a process of permanent construction-deconstruction. To review the socio-historical variables respect to the institutionalized childhood means to work after the postulates of the International Convention of the Child's Rights, repairing in the half-framed complex that legitimizes the intervention on the children. This implies to cross a way that goes of the conception of the childhood like object to another one like subject. The positioning within one or another one of these paradigms, entail diverse levels of suffering for the childhood, the professionals and the institutions. This paper tries to describe the practice of the legal psychology with the institutionalized childhood, in as much practical organized under the fantasy to save a child.

  11. Laboratory of neutron activation analysis at the Nuclear Physics Institute ASCR, Řež

    Czech Academy of Sciences Publication Activity Database

    Kučera, Jan

    2011-01-01

    Roč. 21, č. 1 (2011), s. 30-35 ISSN 1061-9127 Institutional research plan: CEZ:AV0Z10480505 Keywords : Instrumental neutron activation analysis * epithermal neutron activation analysis * radiochemical neutron activation analysis * applications in science and technology Subject RIV: BG - Nuclear, Atomic and Molecular Physics, Colliders

  12. Caffeine and Bicarbonate for Speed. A Meta-Analysis of Legal Supplements Potential for Improving Intense Endurance Exercise Performance

    Directory of Open Access Journals (Sweden)

    Peter M. Christensen

    2017-05-01

    Full Text Available A 1% change in average speed is enough to affect medal rankings in intense Olympic endurance events lasting ~45 s to 8 min which for example includes 100 m swimming and 400 m running (~1 min, 1,500 m running and 4000 m track cycling (~4 min and 2,000 m rowing (~6-8 min. To maximize the likelihood of winning, athletes utilizes legal supplements with or without scientifically documented beneficial effects on performance. Therefore, a continued systematic evidence based evaluation of the possible ergogenic effects is of high importance. A meta-analysis was conducted with a strict focus on closed-end performance tests in humans in the time domain from 45 s to 8 min. These test include time-trials or total work done in a given time. This selection criterion results in a high relevance for athletic performance. Only peer-reviewed placebo controlled studies were included. The often applied and potentially ergogenic supplements beta-alanine, bicarbonate, caffeine and nitrate were selected for analysis. Following a systematic search in Pubmed and SportsDiscuss combined with evaluation of cross references a total of 7 (beta-alanine, 25 (bicarbonate, 9 (caffeine, and 5 (nitrate studies was included in the meta-analysis. For each study, performance was converted to an average speed (km/h from which an effect size (ES; Cohens d with 95% confidence intervals was calculated. A small effect and significant performance improvement relative to placebo was observed for caffeine (ES: 0.41 [0.15–0.68], P = 0.002 and bicarbonate (ES: 0.40 [0.27–0.54], P < 0.001. Trivial and non-significant effects on performance was observed for nitrate (ES: 0.19 [−0.03–0.40], P = 0.09 and beta-alanine (ES: 0.17 [−0.12–0.46], P = 0.24. Thus, caffeine's and bicarbonate's ergogenic effect is clearly documented for intense endurance performance. Importantly, for all supplements an individualized approach may improve the ergogenic effect on performance.

  13. Caffeine and Bicarbonate for Speed. A Meta-Analysis of Legal Supplements Potential for Improving Intense Endurance Exercise Performance

    Science.gov (United States)

    Christensen, Peter M.; Shirai, Yusuke; Ritz, Christian; Nordsborg, Nikolai B.

    2017-01-01

    A 1% change in average speed is enough to affect medal rankings in intense Olympic endurance events lasting ~45 s to 8 min which for example includes 100 m swimming and 400 m running (~1 min), 1,500 m running and 4000 m track cycling (~4 min) and 2,000 m rowing (~6-8 min). To maximize the likelihood of winning, athletes utilizes legal supplements with or without scientifically documented beneficial effects on performance. Therefore, a continued systematic evidence based evaluation of the possible ergogenic effects is of high importance. A meta-analysis was conducted with a strict focus on closed-end performance tests in humans in the time domain from 45 s to 8 min. These test include time-trials or total work done in a given time. This selection criterion results in a high relevance for athletic performance. Only peer-reviewed placebo controlled studies were included. The often applied and potentially ergogenic supplements beta-alanine, bicarbonate, caffeine and nitrate were selected for analysis. Following a systematic search in Pubmed and SportsDiscuss combined with evaluation of cross references a total of 7 (beta-alanine), 25 (bicarbonate), 9 (caffeine), and 5 (nitrate) studies was included in the meta-analysis. For each study, performance was converted to an average speed (km/h) from which an effect size (ES; Cohens d with 95% confidence intervals) was calculated. A small effect and significant performance improvement relative to placebo was observed for caffeine (ES: 0.41 [0.15–0.68], P = 0.002) and bicarbonate (ES: 0.40 [0.27–0.54], P performance was observed for nitrate (ES: 0.19 [−0.03–0.40], P = 0.09) and beta-alanine (ES: 0.17 [−0.12–0.46], P = 0.24). Thus, caffeine's and bicarbonate's ergogenic effect is clearly documented for intense endurance performance. Importantly, for all supplements an individualized approach may improve the ergogenic effect on performance. PMID:28536531

  14. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

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

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

    Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts

  16. Road Transport Informatics, Institutional And Legal Issues

    Science.gov (United States)

    1995-01-01

    THE EUROPEAN CONFERENCE OF MINISTERS OF TRANSPORT HAS ENDEAVOURED TO DETERMINE THE MAIN LINES OF THE POLICIES CALLED FOR IN ORDER TO APPLY THE NEW INFORMATION TECHNOLOGIES FOR THE PROVISION OF ROAD TRAFFIC INFORMATION, AND THE COUNCIL?S ANNECY SESSIO...

  17. Institutional Debt: An Analysis of Student Institutional Debt at a Midwestern Multi-Campus University between 2011 and 2014

    Science.gov (United States)

    Olafsdottir, Kristin

    2017-01-01

    For the institution and its regional campuses under review, the amount of outstanding student liabilities (i.e., monies owed by the student to the institution for educational-related expenditures not satisfied by the end of the term) grew at an alarming rate between 2000 and 2014, with some of the institution's regional campuses experiencing over…

  18. THE GAP BETWEEN LEGAL RULES AND PRACTICE IN ADVERTISING NONREGISTERED PHARMACEUTICAL PRODUCTS - A NEW METHOD OF ANALYSIS

    NARCIS (Netherlands)

    WIERINGA, NF; DEMEIJER, AHR; SCHUTJENS, MDB; VOS, R

    1992-01-01

    The market of non-registered pharmaceutical products is growing fast in number and overall costs, not only in the Netherlands, but also in other European countries. These products often give the impression that the consumer may expect 'an effect as from a drug'. Legally, there is a clear distinction

  19. From Indifference to Mutual Support - A Comparative Analysis of Legal Pluralism in the Governing of South Asian Fisheries

    NARCIS (Netherlands)

    Bavinck, M.; Johnson, D.; Amarasinghe, O.; Rubinoff, J.; Southwold-Llewellyn, S.; Thomson, K.T.

    2013-01-01

    This article presents findings on the current state of fisheries governance in South Asia from the perspective of legal pluralism. It is based on ethnographic fieldwork in six coastal districts of India and Sri Lanka and focuses on resource health and allocation. We suggest that interactions between

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

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

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

  1. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

    In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

  2. Analysis of Turkey’s Institutional Open Repositories: An Example of Dokuz Eylül University Institutional Open Repository

    Directory of Open Access Journals (Sweden)

    Korhan Levent Ertürk

    2012-03-01

    Full Text Available After the declaration of the Budapest Open Access Initiative in 2001, institutional open repositories are known as the most important tool of the self archiving, which is also known as green road. There are 26 institutional repositories, which are all compatible to international standards. All the institutional open repositories of Turkey mentioned before are listed in international open archive directories. In this study institutional open repository of Dokuz Eylül University is examined and institutional open repositories of Turkey are discussed.

  3. Conversation analysis and the study of social institutions: methodological, socio-cultural and epistemic considerations

    Directory of Open Access Journals (Sweden)

    Carles Roca-Cuberes

    2014-02-01

    Full Text Available The objective of this study is to show how conversation analysis, a sociological discipline, approaches the study of social institutions. Social institutions are conceived as the crystallization of members’ communicative, interactional practices. Two institutional domains – psychiatric interviews and broadcast news interviews – and a specific interactional practice – ‘formulations’ – are examined in this study. The results show that (1 in psychiatric interviews the psychiatrist uses formulations to transform the patients’ avowals and establish a psychiatric problem. (2 In broadcast news interviews, formulations might help the interviewer to clarify or transform the statements of the interviewee, or challenge his assertions. The comparison of formulations in two different institutional settings serves the purpose of (1 demonstrating how communicative conduct is adapted in particular settings in ways that invoke and configure distinct social institutions and (2 inspect the knowledge, practices, logic, etc., mobilized by members of the epistemic communities of psychiatry and journalism.

  4. Contributions to institutional matters

    International Nuclear Information System (INIS)

    The papers included in this document deal with the institutional aspects and the legal framework of spent fuel management. The international management and storage of plutonium and spent fuel is addressed. Licensing procedures are discussed

  5. Analysis of Institutional Press Releases and its Visibility in the Press

    Directory of Open Access Journals (Sweden)

    José Antonio Alcoceba-Hernando, Ph.D.

    2010-01-01

    Full Text Available The relationships between institutional communication and media communication influence the shaping of social representations of public issues. This research article analyses these relationships based on the case study of the external communication of a public institution, the press releases of Spain’s Youth Institute (Instituto de la Juventud, aka, Injuve, during three years and their repercussion in the press during the same period of time. The results obtained in this research allowed drawing conclusions on the types of communication production of the aforementioned institution and the news treatment of such pieces of information by the printed and digital media. The press releases and the news items were studied using quantitative media content analysis which focused, especially, in referential issues like the information treatment, the thematic analysis, youth representations in the case of the releases; and the visibility of the press releases in the making of news

  6. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  7. How institutions affect retailers' internationalization ? : A comparative analysis of Wal-Mart and Carrefour trajectories

    OpenAIRE

    Durand, Cédric

    2007-01-01

    Paper for the 2007 EAEPE Conference, "Economic growth, development, and institutions - Lessons for policy and the need for an evolutionary framework of analysis", Facultade de Economia, Porto, Portugal, 1-3 November 2007; This paper examines the institutional and economic factors determining success and failure of global retailers abroad through the trajectories of Wal-Mart and Carrefour. Three kinds of explanations are considered : the time and modalities of entry and development, the factor...

  8. Radiotoxicology analysis in Nuclear and Energetic Research Institute (IPEN-CNEN/SP)

    International Nuclear Information System (INIS)

    Duarte, C.L.; Gaburo, J.C.; Bellintani, S.A.

    1987-01-01

    The radiotoxicology laboratory of Nuclear and Energetic Research Institute (IPEN) has the objective of control the internal contamination of workers that handle radioactive materials, in industrial and medical sectors. This control is made through radiochemical analysis of excreta. Nowadays in this laboratory are realized occupational controls on individual, exposure to uranium, tritium, iodine, fluorine, lead compounds, for workers of IPEN and for external institutions, when solicited. (C.G.C.) [pt

  9. Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea.

    Science.gov (United States)

    Kwon, Jung Woo; Park, Bo Young; Kang, So Ra; Hong, Seung Eun

    2017-07-01

    Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

  10. Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

    Directory of Open Access Journals (Sweden)

    Jung Woo Kwon

    2017-07-01

    Full Text Available Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

  11. €œLegal Boundaries of Online Advertising"

    OpenAIRE

    Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

    2014-01-01

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

  12. Political and legal approach to contemporary local democracies collisions` studies

    Directory of Open Access Journals (Sweden)

    K. M. Burya

    2017-04-01

    It has been underlined that heuristic potential of political and legal approach in political science research is based on the possibility to solve genuine issues that contain the means of the legal provision of political institutions and the impact of these institutions on the normative context.

  13. Analysis of the European union’s supranationalism crisis within the political-institutional paradigm

    Directory of Open Access Journals (Sweden)

    O. V. Bashtannyk

    2014-04-01

    So, the same logic of integration policy has caused deferred manifestation of the contradictions that have not been resolved by the development of such a grand united project. It is determined that the investigation of this problem is possible by applying methodological tools of historical institutionalism within political­institutional paradigm of political science. In such kind of analysis it becomes possible to conduct qualitative research and perspective political component of European integration phenomenon’s nature. Economic crisis was the challenge for those unifying international institutions that were considered “post­national polity” and whose institutional framework seemed never shaken. This proves once again that it is impossible to cancel on the willful way the influence of the historical patterns in principle and “path dependence” in particular.

  14. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  15. Defendant’s free will in legal collaboration and its relation with pre-trial detention

    Directory of Open Access Journals (Sweden)

    Antonio Henrique Graciano Suxberger

    2017-03-01

    Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two instituteslegal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

  16. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2012-01-01

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

  17. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  18. Analysis of institutional evolution of regulatory activity in the Brazilian electric sector: 1920-1997; Analise da evolucao institucional da atividade de regulacao no setor eletrico brasileiro: 1920-1997

    Energy Technology Data Exchange (ETDEWEB)

    Tavares, Mauricio Lopes; Ferreira, Elnatan Chagas; Dias, Jose Antonio Siqueira [Universidade Estadual de Campinas (DEMIC/FEEC/UNICAMP), SP (Brazil). Fac. de Engenharia Eletrica e de Computacao. Dept. de Eletronica e Microeletronica], Email: siqueira@demic.fee.unicamp.br

    2006-07-01

    An analysis of the institutional evolution of the governmental organizations which were responsible for the regulation of the electrical energy sector in Brazil (before the establishment of the ANEEL) is presented . Taking into account the various levels of subordination and independence in their actuation, the different missions and powers given to these agencies regarding the inspection, controlling, planning and regulating the industry, are compared and discussed. The conducted analysis is essentially formal, based on the legal instruments which defined and established the creation of those agencies. (author)

  19. The evolution of REDD+: An analysis of discursive-institutional dynamics

    International Nuclear Information System (INIS)

    Besten, Jan Willem den; Arts, Bas; Verkooijen, Patrick

    2014-01-01

    Highlights: • A Discursive Institutional Analysis was conducted of the development of REDD+ from 2004 to 2011. • Rapid progress on REDD+ at the UNFCCC led to early agreement and preparatory arrangements. • This institutionalisation triggered responses from more actors generating new ideas. • Early implementation led to overlap of actors involved in piloting and in ongoing negotiations. • This helped introduce social, environment and governance safeguards in new agreements. -- Abstract: Reducing Emissions from Deforestation and Forest Degradation (REDD+) is a policy that developed under the United Nations Framework Convention on Climate Change (UNFCCC) and is based on the idea that climate funds and carbon markets can be used to incentivise developing countries to reduce tropical deforestation. This paper analyses the development of REDD+ from 2004 to 2011 through Discursive Institutional Analysis (DIA). DIA seeks to analyse how new discourses become institutionalised in plans, regulations and guidelines, while including and excluding issues, (re)defining topics, and (re)shaping human interactions. The analysis of policy documents and 32 in depth interviews with actors involved in the climate negotiations illustrates how discursive and institutional dynamics influenced each other. Competing discourse coalitions struggled over the definition and scope of REDD+, the use of markets and funds, and the issue of social and environmental safeguards. The rapid development of the REDD+ discourse has nonetheless culminated in new institutional arrangements. The working of a ‘discursive-institutional spiral’ is revealed where discourse coalitions respond to the inclusion and exclusion of ideas in institutions and practices. The institutional contexts at the same time shape the boundaries within which actors can bring in new ideas and concepts

  20. Judicialização ou juridicização? As instituições jurídicas e suas estratégias na saúde Judicialization or juridicization? Legal institutions and their strategies in health

    Directory of Open Access Journals (Sweden)

    Felipe Dutra Asensi

    2010-01-01

    citizenship. In the context of enforcing rights, there is a discussion of legal institutions, with particular emphasis on the Prosecutor's Office, Public Defender and the Judiciary. It is observed that the realization of the right to health includes the preservation of continuity of public policies through dialogue. Thus, political conflicts suffer more juridicization (conflicts are discussed from the legal viewpoint than judicialization (to the most, you avoid taking them to the judiciary, since the intention is to avoid the judicial process and adopt multiple strategies and extra-judicial pacts. The ability to act independently brings the political highlight of the Parquet as a mediator in health. The very idea of right to health is receiving a new meaning, encompassing an interdisciplinary character, which increases the possibilities of action of the Parquet on its guarantee and helps in self-defense of a lasting health policy aimed at bringing the world of right in the world of facts.

  1. Understanding trends in the worst forms of child labour and the state’s legal responses: a descriptive analysis

    Directory of Open Access Journals (Sweden)

    Mashele Rapatsa

    2017-10-01

    Full Text Available This article discusses trends in the worst forms of child labour. It also examines state’s legal responses designed to eradicate child economic exploitation. This is premised on the Constitution transformative ideal of accelerating social transformation and human development. The exploitative nature of the worst forms of child labour is amongst the most disconcerting aspects in social, educational and economic realities. Most repugnant forms include children being subjected to Commercial Sexual Exploitation, Children being Used to Commit Illicit Activities, bondage labour and other hazardous economic activities. Such activities often result in unalterable physical and psychological harm or even worse, threaten children’s lives. Thus, it is a human rights issue, which infringes children’s core rights such right to dignity, life, social security and freedom. Widespread anecdotal evidence suggests that no country in the world is immune from this scourge, and so is South Africa. Hence, the need to highlight the nature and extent of prevalence, and the efficacy of the rights-based legal instruments adopted against child economic exploitation. It is asserted that factors that proliferates child economic exploitation manifests in the form of primary factors (those with direct impact such as social deprivations, e.g. poverty and secondary factors (those that relate with action or inaction of governments, e.g. corruption, lack of state capacity. It is argued that legal instruments will be of no effect lest these direct and indirect causes are not interrupted. Widespread awareness campaigns also remain indispensable in order to conscientise society regarding the urgency of the problem.

  2. Raising awareness of new psychoactive substances: chemical analysis and in vitro toxicity screening of 'legal high' packages containing synthetic cathinones.

    Science.gov (United States)

    Araújo, Ana Margarida; Valente, Maria João; Carvalho, Márcia; Dias da Silva, Diana; Gaspar, Helena; Carvalho, Félix; de Lourdes Bastos, Maria; Guedes de Pinho, Paula

    2015-05-01

    The world's status quo on recreational drugs has dramatically changed in recent years due to the rapid emergence of new psychoactive substances (NPS), represented by new narcotic or psychotropic drugs, in pure form or in preparation, which are not controlled by international conventions, but that may pose a public health threat comparable with that posed by substances listed in these conventions. These NPS, also known as 'legal highs' or 'smart drugs', are typically sold via Internet or 'smartshops' as legal alternatives to controlled substances, being announced as 'bath salts' and 'plant feeders' and is often sought after for consumption especially among young people. Although NPS have the biased reputation of being safe, the vast majority has hitherto not been tested and several fatal cases have been reported, namely for synthetic cathinones, with pathological patterns comparable with amphetamines. Additionally, the unprecedented speed of appearance and distribution of the NPS worldwide brings technical difficulties in the development of analytical procedures and risk assessment in real time. In this study, 27 products commercialized as 'plant feeders' were chemically characterized by gas chromatography-mass spectrometry and nuclear magnetic resonance spectroscopy. It was also evaluated, for the first time, the in vitro hepatotoxic effects of individual synthetic cathinones, namely methylone, pentedrone, 4-methylethcathinone (4-MEC) and 3,4-methylenedioxypyrovalerone (MDPV). Two commercial mixtures ('Bloom' and 'Blow') containing mainly cathinone derivatives were also tested, and 3,4-methylenedioxymethamphetamine (MDMA) was used as the reference drug. The study allowed the identification of 19 compounds, showing that synthetic cathinones are the main active compounds present in these products. Qualitative and quantitative variability was found in products sold with the same trade name in matching or different 'smartshops'. In the toxicity studies performed in

  3. ANALYSIS OF THE NEW LEGAL ACTS ON MOBBING PROTECTION OF THE EMPLOYEES IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Jadranka Denkova

    2015-07-01

    Full Text Available Emotional abuse in the work place, psychological terror, social isolation, are terms well known to the Labor Union organizations. They all refer to harassment in the work place, which is actually mobbing. The word “mobbing” denotes a wide range of complex activities which represent harassment of the employees in their work places, in all social spheres. Therefore the consequences range from mild disturbances to disappointing repercussions to the employees. Those consequences mostly reflect badly on the family of the harassed employee, as well on the organization and the society in general. For that reason, the subject of this article is to analyze the regulations of the Law on Labor Relations which refer to protection of employees from harassment in the work place and to analyze the new “Law on Harassment Protection in the work place” adopted recently, in order to increase the protection measures against harassment in the work place on a higher level. The efficiency of this law is to be comprehended through professional and scientific approach, where the research should emphasize the efficiency of the new legal acts. The purpose of this article is not only to analyze the abovementioned laws on harassment protection in the work place in the Republic of Macedonia, but also to present a critique of the eventual mistakes that might occur during implementation and to identify legal gaps as obstacles against mobbing evidence. The methodological approach of this article is directed towards implementation of the qualitative methodanalyzing content founded on scientific and expert competence as well as on previously established real state of affairs by the adopted law regulations in order to present our own point of view. The conclusion of this article refers to the fact that weaknesses in some of the legal acts on the Law on Labor Relations and the Law on Harassment Protection could be noticed. Those cracks might be misinterpreted by the people

  4. Is territorially-bound polity vanished into education governance? A legally-focused analysis to explore its relevance

    DEFF Research Database (Denmark)

    Milana, Marcella

    for public policy is often out of sight or invisible. This contribution questions whether territorially-bound polity might still be of relevance to consider when comprehending concrete decisions on (and justifications for) the share of national budgets that goes in support of education within delimited...... territories. It does so by looking at a concrete country, the USA, and questioning whether and how broader (national) party values about education, training for job and the country’s sustainable development feed into the ongoing legal debate about adult basic education. This work is part of a broader project...

  5. The interpretation of forensic biochemical expert test made in human body fluids: scientific - legal analysis in the research on sexual offenses

    International Nuclear Information System (INIS)

    Chaves Carballo, Diana

    2014-01-01

    The contributions of science and technology have covered the whole of human life, and relationships of coexistence are even found in the various disciplines of knowledge through legal forensics. Therefore, it is increasingly imperative that the law enforcement agents are interdisciplinary professionals, with knowledge beyond the legal knowledge to enable them make the most of the scientific knowledge in judicial proceedings. Among the natural sciences applied to right, forensic biochemistry has contributed an extremely relevant test for the investigation of various sexual offenses, much has been so, that the Organismo de Investigacion Judicial of Costa Rica has in its Departamento de Laboratorios de Ciencias Forenses with specialized sections in this discipline. A diversity of skills are performed of presumptive and confirmatory character for the presence of biological fluids, sexually transmitted diseases and identification of DNA by genetic markers. Updated information is given with respect to the correct interpretation of forensic biochemical expertises achievable for identification of semen, blood and human saliva in the investigation of sexual offenses. A scientific and legal language is used allowing the most of this information in the criminal process. The main objective has been to interpret, legal and scientifically, forensic biochemical expert evidence performed in human body fluids during the investigation of sexual offenses. A legal, doctrinal and scientific review is presented with compilation of related jurisprudence and criminology reports analysis of Seccion de Bioquimica of the Departamento de Laboratorios Forenses of the Organismo de Investigacion Juridica issued during the investigation of sexual offenses. Two types of attainable skills have existed for the identification of biological fluids, each with a different binding. In addition, it has been clear, due to the lexicon employed when making a forensic biochemist opinion, that to make a proper

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

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

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

  7. Models of knowledge management in Russian institutions: social and psychological analysis

    Directory of Open Access Journals (Sweden)

    Nestik Timofei Aleksandrovich

    2014-12-01

    Full Text Available The paper presents socio-psychological analysis of five knowledge management models used in Russian institutions: knowledge management in projects, virtual expert groups, competence centers, knowledge management via organization development and open innovations. Special attention is given to the consequences of transition to network-based knowledge management.

  8. Partnerships for Sustainable Change in Cotton: an Institutional Analysis of African Cases

    NARCIS (Netherlands)

    Bitzer, V.C.; Glasbergen, P.

    2010-01-01

    This article examines intersectoral partnerships formed to promote sustainable cotton production and the extent to which such partnerships are facilitated or constrained by their institutional environment. Based on an analysis of five partnerships in sub- Saharan Africa, this article shows that

  9. Campus Sustainability Governance in Canada: A Content Analysis of Post-Secondary Institutions' Sustainability Policies

    Science.gov (United States)

    Vaughter, Philip; McKenzie, Marcia; Lidstone, Lauri; Wright, Tarah

    2016-01-01

    Purpose: This paper aims to provide an overview of a content analysis of sustainability policies from Canadian post-secondary education institutions. The paper reports findings on the orientations to sustainability evident in the policies; references to other policies within the documents; and other key themes on how sustainability is engaged in…

  10. The Legal Doctrine on 'Limitation of Liability' in the Precedent Analysis on Plastic Surgery Medical Malpractice Lawsuits.

    Science.gov (United States)

    Park, Bo Young; Pak, Ji-Hyun; Hong, Seung-Eun; Kang, So Ra

    2015-12-01

    This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victim-side cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit.

  11. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  12. Constitutionally Mandated Funds for Financing Regional Development in Brazil: An Analysis of the Compensatory Mechanisms Used by Financial Institutions (1995-2013

    Directory of Open Access Journals (Sweden)

    Girley Vieira Damasceno

    2016-04-01

    Full Text Available This paper examines the relationship between constitutionally mandated funds for financing regional development in Brazil and the regional financial institutions that manage them. These constitutionally mandated funds apply a fraction of federal tax revenues in the productive sectors of the North, Northeast and Midwest regions of Brazil. We investigate the occurrence of soft budget constraint on these institutions, induced by compensatory mechanisms for management of the resources of these funds (administration fee and by the assumption of credit risk in lending (del credere. The concept of soft budget constraint, proposed by Hungarian economist Janos Kornai in the context of socialist economies, refers to the expectations for systematic bailout of economic organizations by governments or banks, usually associated with the paternalistic role of the state towards these organizations. Our analysis uses comparative graphics and spreadsheets. The results indicate more remuneration than administrative costs and credit risk assumed by financial institutions and confirm the hypothesis of legal parameters that induce soft budget constraint.

  13. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    : the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  14. 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...

  15. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...

  16. The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

    The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

  17. The Analysis of Prospects for Derivatives Market Development in Ukraine in View of Solving the Problems of its Normative Legal Regulation

    Directory of Open Access Journals (Sweden)

    Kolodizev Oleg M.

    2016-02-01

    Full Text Available The increased uncertainty in the country’s economy, impossibility of raising capital only by standard financial instruments substantiated the need for such financial innovations as derivatives. The relevance of the suggested topic is justified by the lack of strong legislative framework regulating the market of derivative financial instruments, as well as by significant demand for them in Ukraine. The aim of the article is to analyze the development level of the normative and legal field of trade in the derivatives market as well as the quality of the formed system of main indicators for derivatives trading in Ukraine. The paper identifies the problem, which could be neutralized through the use of derivative financial instruments. The volume and structure of the world and domestic derivatives markets have been analyzed. Based on the analysis of the legal field of regulating the market of derivative financial instruments as well as statistical analysis of its volume and structure, the reasons for the low activity in the considered market have been justified and recommendations to improve the current situation proposed.

  18. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  19. File Sharing, Napster, and Institutional Responses: Educative, Developmental, or Responsive Policy?

    Science.gov (United States)

    Lane, Jason E.; Healy, Margaret A.

    2005-01-01

    Student use of the Internet for such purposes as sharing and downloading illegal copies of music and movies presents new and complex challenges in the relationship between the institution and student. This article reviews the development of the file sharing phenomena; and through analysis of existing institutional responses, legal advice, media…

  20. Mediation analysis of the relationship between institutional research activity and patient survival

    DEFF Research Database (Denmark)

    Rochon, Justine; du Bois, Andreas; Lange, Theis

    2014-01-01

    BACKGROUND: Recent studies have suggested that patients treated in research-active institutions have better outcomes than patients treated in research-inactive institutions. However, little attention has been paid to explaining such effects, probably because techniques for mediation analysis...... existing so far have not been applicable to survival data. METHODS: We investigated the underlying mechanisms using a recently developed method for mediation analysis of survival data. Our analysis of the effect of research activity on patient survival was based on 352 patients who had been diagnosed...... as potential mediators of the effect of hospital research activity on patient survival. RESULTS: The 219 patients treated in hospitals participating in clinical trials had more complete surgical debulking, were more likely to receive the recommended platinum-taxane combination, and had better survival than...

  1. Assisted reproduction involving gestational surrogacy: an analysis of the medical, psychosocial and legal issues: experience from a large surrogacy program.

    Science.gov (United States)

    Dar, Shir; Lazer, Tal; Swanson, Sonja; Silverman, Jan; Wasser, Cindy; Moskovtsev, Sergey I; Sojecki, Agata; Librach, Clifford L

    2015-02-01

    What are the medical, psychosocial and legal aspects of gestational surrogacy (GS), including pregnancy outcomes and complications, in a large series? Meticulous multidisciplinary teamwork, involving medical, legal and psychosocial input for both the intended parent(s) (IP) and the gestational carrier (GC), is critical to achieve a successful GS program. Small case series have described pregnancy rates of 17-50% for GS. There are no large case series and the medical, legal and psychological aspects of GS have not been addressed in most of these studies. To our knowledge, this is the largest reported GS case series. A retrospective cohort study was performed. Data were collected from 333 consecutive GC cycles between 1998 and 2012. There were 178 pregnancies achieved out of 333 stimulation cycles, including fresh and frozen transfers. The indications for a GC were divided into two groups. Those who have 'failed to carry', included women with recurrent implantation failure (RIF), recurrent pregnancy loss (RPL) and previous poor pregnancy outcome (n = 96; 132 cycles, pregnancy rate 50.0%). The second group consisted of those who 'cannot carry' including those with severe Asherman's syndrome, uterine malformations/uterine agenesis and maternal medical diseases (n = 108, 139 cycles, pregnancy rate 54.0%). A third group, of same-sex male couples and single men, were analyzed separately (n = 52, 62 cycles, pregnancy rate 59.7%). In 49.2% of cycles, autologous oocytes were used and 50.8% of cycles involved donor oocytes. The 'failed to carry' group consisted of 96 patients who underwent 132 cycles at a mean age of 40.3 years. There were 66 pregnancies (50.0%) with 17 miscarriages (25.8%) and 46 confirmed births (34.8%). The 'cannot carry pregnancy' group consisted of 108 patients who underwent 139 cycles at a mean age of 35.9 years. There were 75 pregnancies (54.0%) with 15 miscarriages (20.0%) and 56 confirmed births (40.3%). The pregnancy, miscarriage and live birth

  2. Analysis of Some Punishment Practices Based on Legal-Historical Principles of Iranian Society: Qajar Dynasty Case Study

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Rezaeian Koochi

    2017-04-01

    Full Text Available As one of their main functions to maintain political power, ruling dynasties in Iran always tried to establish social security and confront any events that might disrupt stability in the country. Therefore, various penalties had been meted out for perpetrators of such phenomena including social unrest, robbery, acting in disobedience to the orders of the Shah and other officials, disruption to economic activities and financial affairs of the people, murder, rape, drunken brawls in public places, and the like. These punishments were performed in various manners by non-religious jurisdictions or at the behest of the Shah, local rulers, or other security officials without any established procedures. Most of the punishments were based on the expediency of the government rather than the expediency of religion or jurisprudence. Rulers determined the manner of punishment on the basis of popular preferences. This type of conventional punishment, as opposed to legal or religious punishment, was quite common during the Qajar era, as a tool for countering the widespread social unrest. This has been reflected in the chronicles of many historians and in the diaries written by many European tourists visiting Iran during the period. The present study deals with various types of punishment of criminals and the manner of practicing such punishments during the Qajar era before the Constitutional Revolution. Findings of the study show that the punishments in the period were not based on any legal standards and that decisions of the Shah and other government officials determined the manner of performing punishments, often with much violence and harshness.

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

    Directory of Open Access Journals (Sweden)

    Valentine G. Medvedev

    2015-06-01

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

  4. Theory of Social Space by P. Bourdieu as a Theoretical Background for Studying Discourse Practices in the Legal Field

    Directory of Open Access Journals (Sweden)

    Olga A. Krapivkina

    2017-12-01

    Full Text Available The paper aims at expanding the theoretical basis of discourse analysis by involving the theory of fields by P. Bourdieu who says that there is a social genesis of perception and thinking patterns and actions (habitus, on the one hand, and social structures and fields, on the other one. The speaking subject is influenced by objective relations of forces typical for a certain field – a social area with specific social relations, means and purposes. All agents of the legal field are able to use polysemy of legal formulas, tend to use the elasticity of the law, existing ambiguity and gaps in their own interests. Using expert knowledge as a manipulative resource, agents of the legal field enforce their own views on lay people. Social differences between agents of the legal field (legal experts and their clients (lay people are due to their struggle for monopoly which means increase in distance between formally specified legal rules and na−ve intuitive concepts of legal phenomena. Individuals who are prone to behavior complying with a certain matrix of social actions are a typical feature of legal discourse practices. When interacting with lay people, experts, whose actions comply with specific institutional status, control their discursive behavior.

  5. Mutual Influence of Institutional and Transport Factors of Economic Development: Retrospective Analysis

    Directory of Open Access Journals (Sweden)

    Dmitry A. Macheret

    2017-12-01

    Full Text Available Numerous studies indicate that the transport factor significantly affects economic development and the development of market institutions. The history of mankind demonstrates that transport has always stimulated the socio-economic development of countries and regions, while changing the changing economic relations and people's needs, scientific and technological progress, in turn, contributed to the development of transport. In this regard, a special scientific interest is the study of the mutual influence of institutions and transport. Historical analysis has revealed a strong interdependence between transport and the establishment of institutions, primarily market ones. Water transport had been the catalyst for the market institutions development up to the time of industrial revolution. At the same time, the development of oceanic navigation in the XVI–XVII centuries had a different impact on the socio-economic development of the major maritime powers of that period (Portugal, Spain, Dutch republic, England. The industrial revolution strengthened the interdependence between transport and the factors of institutional development of advanced countries. The formation of the transport network and particularly the railway network as an innovative and the most «institutional» kind of transport in the most developed countries of that period (England, USA, France, has led these countries despite significant differences to very high positive economic results. This is explained by the essential coherence of the different variants of the capitalism existed in these countries, based on inclusive institutions. At the same time, private financing of the railway business required the consolidation of the efforts of many entrepreneurs. It stimulated the development of corporate institutions and the growth of joint-stock capital. Institutional features of the Russian Empire predetermined a special model of the railway network creation in the XIX century

  6. Legal analysis of assignments of law in the industry of oil and natural gas; Analise juridica das cessoes de direito nos contratos de concessao da industria do petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Lima, Rayssa Cunha; Silveira Neto, Otacilio dos Santos; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    This study has the objective to examine, even briefly, some issues related to the Assignments carried out by the Industry of Oil and Natural Gas (IONG). To that end, it was made a brief explanation about the oil market after its flexibility and entry of new private agents in the market, as well as about the main tasks of the National Agency of Petroleum, Natural Gas and Biofuels - ANP in the conclusion of the concession contracts for the IONG, making a parallel between the species, as well as discussions about the legal nature of the latter, presenting some doctrinal positions that reflects these differences. Then, shows the institute of Assignment of rights of the concession contracts for the IONG, bringing its concept and characteristics, its legal and constitutional forecast, their legal treatment and established procedure in the contracts, highlighting its importance for the market dynamics of oil and natural gas. (author)

  7. Factors influencing non-institutional deliveries in afghanistan: secondary analysis of the afghanistan mortality survey 2010.

    Science.gov (United States)

    Azimi, Mohammad Daud; Najafizada, Said Ahmad Maisam; Khaing, Inn Kynn; Hamajima, Nobuyuki

    2015-02-01

    Home delivery in unhygienic environments is common among Afghan women; only one third of births are delivered at health facilities. Institutional delivery is central to reducing maternal mortality. The factors associated with place of delivery among women in Afghanistan were examined using the Afghanistan Mortality Survey 2010 (AMS 2010), which was open to researchers. The AMS 2010 data were collected through an interviewer-led questionnaire from 18,250 women. Odds ratio (OR) and 95% confidence interval (CI) of non-institutional delivery were estimated by logistic regression analysis. When age at survey, education, parity, residency, antenatal care frequency, remoteness, wealth and regions were adjusted, the OR of non-institutional delivery was 8.37 (95% CI, 7.47-9.39) for no antenatal care relative to four or more antenatal care visits, 4.07 (95% CI, 3.45-4.80) for poorest household relative to women from richest household, 2.02 (95% CI, 1.43-2.84) for no education relative to higher education, 1.78 (95% CI, 1.52-2.09) for six or more deliveries relative to one delivery, and 1.50 (95% CI, 1.36-1.67) for rural relative to urban residency. Since antenatal care was strongly associated with non-institutional delivery after adjustment of the other factors, antenatal care service may promote institutional deliveries, which can reduce maternal mortality ratio in Afghanistan.

  8. AN EXTENDED THEORY OF INSTITUTIONS AND CONTRACTUAL DISCIPLINE

    NARCIS (Netherlands)

    LINDENBERG, S

    This paper proposes a theory of institutions in which framing effects are added to the analysis. For a modern market economy, a gain frame attenuated by relations norms (a so-called weak solidarity frame) and a legality frame (in which legitimate rules are followed habitually) are deemed essential.

  9. Institutional Racism? Roma Children, Local Community and School Practices

    Science.gov (United States)

    Zachos, Dimitris

    2012-01-01

    This article tries to discuss the conditions Roma pupils face within the Greek educational system. In the first part, through a brief history of Roma groups in Greece followed by a short analysis of their legal status and leaving conditions, I attempt to present a critical approach in Romani Studies. Thereafter, using Institutional Racism as a…

  10. Institutions and Modernity

    Directory of Open Access Journals (Sweden)

    Witold Morawski

    2013-09-01

    Full Text Available Purpose: Modernity consists of many confl icting aspects: It brings many empty promises, yet has resulted in new institutions that create bridges between the values and interests of millions of people who seek freedom, prosperity, quality of life, strengthened democracy and social justice. In this paper I attempt to a gain and loss account against modernity, because institutional rules are not only conducive to cooperative interactions, but to hostile interactions as well. People are not always guided by moral commitment, but rather more often driven by cold calculation or coercion.Methodology: Modernity has at least three defi nitions. The fi rst defi nition is based on ideas that took over the imagination of the era. The second defi nition is based on an analysis of the behavior of people who respond to reason as well as emotion and believe that they act more rationally than their ancestors or the traditional “others”. The third defi nition is the one closest to my heart, consisting of the use of institutional categories. Institutions offer practical ways of connecting ideas and people. The challenge for them is the result of deepening local and national interdependencies, but increasingly often also regional (e.g. European and global. Interdependencies are the result of the scientifi c and technological revolution, global markets, global governance mechanisms, the emergence of new social forces and cultural confl icts (against the background of reconciling identity and differences.Conclusions: The most important task is to identify the mechanisms of complex systems so that people know how to act under conditions of uncertainty, risk and crisis. Hence, the expectations toward institutions often exceed their abilities. Even though new institutions are being created and old ones are being fixed, we are witnessing and participating in, institutional paralysis and the decay (e.g. corruption. In this situation, it is imperative not only to

  11. Analysis of an institutional domain: scientific output of the Granada University (SCI 1991-99

    Directory of Open Access Journals (Sweden)

    Moya Anegón, Félix

    2005-06-01

    Full Text Available Institutional domain analysis is a very important bibliometric method to obtain an academic institutional scientific profile. In this paper we realize a deep analysis about the scientific production of the University of Granada, form 1991 to 1999. We present a wide set of indicators: production, visibility, normalized mean impact, productivity, research potential, and others. The indicators are for the whole institution, faculties, institutes, departments.

    El análisis de dominio institucional constituye un tipo de estudio bibliométrico que permite representar, de forma muy aproximada, el perfil investigador de una determinada institución académica. En el presente trabajo se realiza un profundo análisis de la producción científica de la Universidad de Granada, para el período 1991-99. Se presentan una amplia serie de indicadores: producción, visibilidad, impacto medio normalizado, productividad, potencial investigador, entre otros. Los indicadores se presentan tanto de forma global para toda la universidad, como por facultades, escuelas, institutos y departamentos.

  12. The New Legal Framework for Acquiring ‘Well-Known’ Status in China

    DEFF Research Database (Denmark)

    Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

    2017-01-01

    of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

  13. 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.

  14. Benchmarking Analysis of Institutional University Autonomy in Denmark, Lithuania, Romania, Scotland, and Sweden

    DEFF Research Database (Denmark)

    respective evaluation criteria and searched for similarities and differences in approaches to higher education sectors and respective autonomy regimes in these countries. The consolidated report that precedes the benchmark reports summarises the process and key findings from the four benchmark reports......This book presents a benchmark, comparative analysis of institutional university autonomy in Denmark, Lithuania, Romania, Scotland and Sweden. These countries are partners in a EU TEMPUS funded project 'Enhancing University Autonomy in Moldova' (EUniAM). This benchmark analysis was conducted...... by the EUniAM Lead Task Force team that collected and analysed secondary and primary data in each of these countries and produced four benchmark reports that are part of this book. For each dimension and interface of institutional university autonomy, the members of the Lead Task Force team identified...

  15. Research and development on activation analysis at the Thailand Institute of Nuclear Technology

    International Nuclear Information System (INIS)

    Laoharojanaphand, S.; Dharmavanij, W.; Busamongkol, A.; Pareepart, R.; Wimolwattanapun, W.; Chantarachot, W.

    2008-01-01

    Research and development in activation analysis at the Thailand Institute of Nuclear Technology has been carried out over 40 years. The main activation source is from the TRIGA type research reactor TRR1/M1. Average in-core flux is around 10 13 n x cm -2 x s -1 . Experience on the analysis of various kind of samples range from environmental field especially air particulate, ores, rocks and soil for natural resources exploration as well as industrial applications. Elemental composition in silk thread, silk cocoon and silk products from the royal silk project are one of the research work done incorporation with the Queen Sirikit Institute of Sericulture. Food items are also another topic of interest to our research team. (author)

  16. Placing Deviance in a Legal and Local Context: A Multilevel Analysis of Cigarette Use in the European Union

    Science.gov (United States)

    Vuolo, Mike

    2012-01-01

    Though it has produced a high-quality body of research, the study of substance use has remained highly individualized in its focus. This paper adds further sociological understanding to that research. Using hierarchical models, the following explores how institutional and criminological theories can be incorporated into substance use research by…

  17. A Model for Integrating Institutional Analysis with Mainstream Economics in Quality-Led Property Development

    OpenAIRE

    Ilir Nase

    2013-01-01

    This paper seeks to bridge the gap between theory and practice in delivering quality places through urban design. It complements the behavioural-based theoretical concepts of neoclassical economics with the institutional analysis in property development from the perspective of adding value through quality design. This approach focuses on the drivers and the relationship between actors in the planning, design and development process. The paper follows a sequential path of incrementally buildin...

  18. Feature Analysis of the “Customer Relationship Management” Systems for Higher Education Institutions

    Directory of Open Access Journals (Sweden)

    Hugo de Juan-Jordán

    2018-03-01

    This article summarizes the features a CRM system should possess to make educational institutions thrive in the current digital era, and points out the future trends on this topic. The final objective is neither an analysis of the applications available on the market nor a selection guide, but a recommendation for the end users to utilize a CRM system when considering achieving some of the business needs implied in the features available on these CRMs.

  19. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

    Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.

  20. Evolutionary institutionalism.

    Science.gov (United States)

    Fürstenberg, Dr Kai

    Institutions are hard to define and hard to study. Long prominent in political science have been two theories: Rational Choice Institutionalism (RCI) and Historical Institutionalism (HI). Arising from the life sciences is now a third: Evolutionary Institutionalism (EI). Comparative strengths and weaknesses of these three theories warrant review, and the value-to-be-added by expanding the third beyond Darwinian evolutionary theory deserves consideration. Should evolutionary institutionalism expand to accommodate new understanding in ecology, such as might apply to the emergence of stability, and in genetics, such as might apply to political behavior? Core arguments are reviewed for each theory with more detailed exposition of the third, EI. Particular attention is paid to EI's gene-institution analogy; to variation, selection, and retention of institutional traits; to endogeneity and exogeneity; to agency and structure; and to ecosystem effects, institutional stability, and empirical limitations in behavioral genetics. RCI, HI, and EI are distinct but complementary. Institutional change, while amenable to rational-choice analysis and, retrospectively, to criticaljuncture and path-dependency analysis, is also, and importantly, ecological. Stability, like change, is an emergent property of institutions, which tend to stabilize after change in a manner analogous to allopatric speciation. EI is more than metaphorically biological in that institutional behaviors are driven by human behaviors whose evolution long preceded the appearance of institutions themselves.

  1. Evidence-based process for decision-making in the analysis of legal demands for medicines in Brazil

    Directory of Open Access Journals (Sweden)

    Tatiana Aragão Figueiredo

    2013-11-01

    Full Text Available Legal actions have been playing a significant role as an alternative pathway to access to medicines in Brazil. These lawsuits demand medicines used in Primary Health Care as well as medicines that are still in clinical research and have not been market approved by the Brazilian National Agency for Sanitary Surveillance (ANVISA. The goal was to analyze medicines demanded through lawsuits brought to the judicial district which includes the city of Rio de Janeiro, Brazil, from July/2007 to June/2008. The medicines in 281 lawsuits were examined for their respective indications, classified according to their presence in publicly-funded lists, market approval by ANVISA, compliance with national clinical guidelines, existence of alternative therapies in lists and support of indication by scientific evidence. Six different categories were described, which are deemed useful to managers and the Judiciary in decision-making. The support of evidence is of utmost importance for medicines that are not included in public funding lists and also for those with no available therapeutic alternatives.

  2. Intention to Remain at Work Until Legal Retirement Age: A Comparative Analysis Among Different Age Subgroups of Employees

    Directory of Open Access Journals (Sweden)

    Catherine Hellemans

    2013-08-01

    Full Text Available The paper is an empirical contribution to the intention to remain at work until legal retirement age among different age subgroups of employees. Three groups of antecedents are analyzed: health condition, professional competence, and psychosocial work conditions, among two age groups of employees: 40- to 49-year-old employees and employees 50 years of age or older. The participants are employees from the service industry who are subject to annual control by occupational medicine (n = 280. They completed the VOW/QFT (Vragenlijst Over Werkbaarheid / Questionnaire sur les Facultés de Travail, a self-report questionnaire measuring several dimensions to understand the intention to remain at work. Hierarchical regression analyses tested the hypotheses. Results show there is clearly distinctive process between employees who were 40–49 years old and those over 50 in the explanation of intention to work until the lawful retirement age. Among the first group, perceived health and increase in abilities explained the intention to remain (psychosocial aspects were not an incremental explanation; among the second, it was the possibility of participation that motivated them to work. Implications concern the management of age and career: These are not the same factors that explain the intention to remain at different stages of the career. This research clarifies the respective roles of health, professional competence, and work conditions to understand the intention to remain by studying their incremental explanations and distinguishing two subgroups of age.

  3. Do consumers substitute opium for hashish? An economic analysis of simultaneous cannabinoid and opiate consumption in a legal regime.

    Science.gov (United States)

    Chandra, Siddharth; Chandra, Madhur

    2015-11-01

    To analyze interrelationships in the consumption of opiates and cannabinoids in a legal regime and, specifically, whether consumers of opiates and cannabinoids treat them as substitutes for each other. Econometric dynamic panel data models for opium consumption are estimated using the generalized method of moments (GMM). A unique dataset containing information about opiate (opium) consumption from the Punjab province of British India for the years 1907-1918 is analyzed (n=252) as a function of its own price, the prices of two forms of cannabis (the leaf (bhang), and the resin (charas, or hashish)), and wage income. Cross-price elasticities are examined to reveal substitution or complementarity between opium and cannabis. Opium is a substitute for charas (or hashish), with a cross price elasticity (βˆ3) of 0.14 (p0.10). Opium consumption (βˆ1=0.47 to 0.49, popium is slightly responsive (inelastic) to changes in its own price (βˆ2=-0.34 to -0.35, pOpium and hashish, a form of cannabis, are substitutes. In addition, opium consumption displays properties of habit persistence and slight price and wage income responsiveness (inelasticity) consistent with an addictive substance. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  4. Do Consumers Substitute Opium for Hashish? An Economic Analysis of Simultaneous Cannabinoid and Opiate Consumption in a Legal Regime

    Science.gov (United States)

    Chandra, Madhur

    2015-01-01

    Aim To analyze interrelationships in the consumption of opiates and cannabinoids in a legal regime and, specifically, whether consumers of opiates and cannabinoids treat them as substitutes for each other. Method Econometric dynamic panel data models for opium consumption are estimated using the generalized method of moments (GMM). A unique dataset containing information about opiate (opium) consumption from the Punjab province of British India for the years 1907–1918 is analyzed (n=272) as a function of its own price, the prices of two forms of cannabis (the leaf (bhang), and the resin (charas, or hashish)), and wage income. Cross-price elasticities are examined to reveal substitution or complementarity between opium and cannabis. Results Opium is a substitute for charas (or hashish), with a cross price elasticity (β3) of 0.14 (p 0.10). Opium consumption (β1 = 0.47 to 0.49, p opium is slightly responsive (inelastic) to changes in its own price (β2 = −0.34 to −0.35, p Opium and hashish, a form of cannabis, are substitutes. In addition, opium consumption displays properties of habit persistence and slight price and wage income responsiveness (inelasticity) consistent with an addictive substance. PMID:26455552

  5. Systematizing the legal framework regulating Romanian tourism – proposal for an innovative public policy

    Directory of Open Access Journals (Sweden)

    Foriş, D.

    2012-01-01

    Full Text Available The numerous Romanian standards and legal regulations, as well as their particularities in the field of tourism lead us to formulating systematising proposals for the existing legal framework in the field of tourism. As a result of reviewing legal regulations of public administration applied to Romanian tourism activities, we observe that there are numerous legal regulations that embrace the field of tourism; moreover, according to an analysis of the nature of these regulations applied in tourism, we notice that it is particularly the state and the public authorities that have regulatory roles in tourism, more precisely the protection role against abnormalities and abuses caused in tourism and the role of developing tourism. We identify the flexibility and heterogeneity as being the important particularities of legal regulations in the field of tourism. We consider as opportune the proposal regarding the systematisation of the existing legal framework in the field of tourism, by creating and elaborating a “Code of tourism”, an instrument that shall re-unite the laws and regulations applicable to the tourist industry for an accessible and easy identification, both from the juridical and institutional points of view.

  6. Scalable data management, analysis and visualization (SDAV) Institute. Final Scientific/Technical Report

    Energy Technology Data Exchange (ETDEWEB)

    Geveci, Berk [Kitware, Inc., Clifton Park, NY (United States)

    2017-03-28

    The purpose of the SDAV institute is to provide tools and expertise in scientific data management, analysis, and visualization to DOE’s application scientists. Our goal is to actively work with application teams to assist them in achieving breakthrough science, and to provide technical solutions in the data management, analysis, and visualization regimes that are broadly used by the computational science community. Over the last 5 years members of our institute worked directly with application scientists and DOE leadership-class facilities to assist them by applying the best tools and technologies at our disposal. We also enhanced our tools based on input from scientists on their needs. Many of the applications we have been working with are based on connections with scientists established in previous years. However, we contacted additional scientists though our outreach activities, as well as engaging application teams running on leading DOE computing systems. Our approach is to employ an evolutionary development and deployment process: first considering the application of existing tools, followed by the customization necessary for each particular application, and then the deployment in real frameworks and infrastructures. The institute is organized into three areas, each with area leaders, who keep track of progress, engagement of application scientists, and results. The areas are: (1) Data Management, (2) Data Analysis, and (3) Visualization. Kitware has been involved in the Visualization area. This report covers Kitware’s contributions over the last 5 years (February 2012 – February 2017). For details on the work performed by the SDAV institute as a whole, please see the SDAV final report.

  7. Multi-institutional Oncogenic Driver Mutation Analysis in Lung Adenocarcinoma: The Lung Cancer Mutation Consortium Experience.

    Science.gov (United States)

    Sholl, Lynette M; Aisner, Dara L; Varella-Garcia, Marileila; Berry, Lynne D; Dias-Santagata, Dora; Wistuba, Ignacio I; Chen, Heidi; Fujimoto, Junya; Kugler, Kelly; Franklin, Wilbur A; Iafrate, A John; Ladanyi, Marc; Kris, Mark G; Johnson, Bruce E; Bunn, Paul A; Minna, John D; Kwiatkowski, David J

    2015-05-01

    Molecular genetic analyses of lung adenocarcinoma have recently become standard of care for treatment selection. The Lung Cancer Mutation Consortium was formed to enable collaborative multi-institutional analyses of 10 potential oncogenic driver mutations. Technical aspects of testing and clinicopathologic correlations are presented. Mutation testing in at least one of the eight genes (epidermal growth factor receptor [EGFR], KRAS, ERBB2, AKT1, BRAF, MEK1, NRAS, and PIK3CA) using SNaPshot, mass spectrometry, Sanger sequencing+/- peptide nucleic acid and/or sizing assays, along with anaplastic lymphoma kinase (ALK) and/or MET fluorescence in situ hybridization, were performed in six labs on 1007 patients from 14 institutions. In all, 1007 specimens had mutation analysis performed, and 733 specimens had all 10 genes analyzed. Mutation identification rates did not vary by analytic method. Biopsy and cytology specimens were inadequate for testing in 26% and 35% of cases compared with 5% of surgical specimens. Among the 1007 cases with mutation analysis performed, EGFR, KRAS, ALK, and ERBB2 alterations were detected in 22%, 25%, 8.5%, and 2.4% of cases, respectively. EGFR mutations were highly associated with female sex, Asian race, and never-smoking status; and less strongly associated with stage IV disease, presence of bone metastases, and absence of adrenal metastases. ALK rearrangements were strongly associated with never-smoking status and more weakly associated with presence of liver metastases. ERBB2 mutations were strongly associated with Asian race and never-smoking status. Two mutations were seen in 2.7% of samples, all but one of which involved one or more of PIK3CA, ALK, or MET. Multi-institutional molecular analysis across multiple platforms, sample types, and institutions can yield consistent results and novel clinicopathological observations.

  8. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  9. 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

  10. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  11. A role for doctors in assisted dying? An analysis of legal regulations and medical professional positions in six European countries.

    Science.gov (United States)

    Bosshard, G; Broeckaert, B; Clark, D; Materstvedt, L J; Gordijn, B; Müller-Busch, H C

    2008-01-01

    To analyse legislation and medical professional positions concerning the doctor's role in assisted dying in western Europe, and to discuss their implications for doctors. This paper is based on country-specific reports by experts from European countries where assisted dying is legalised (Belgium, The Netherlands), or openly practiced (Switzerland), or where it is illegal (Germany, Norway, UK). Laws on assisted dying in The Netherlands and Belgium are restricted to doctors. In principle, assisted suicide (but not euthanasia) is not illegal in either Germany or Switzerland, but a doctor's participation in Germany would violate the code of professional medical conduct and might contravene of a doctor's legal duty to save life. The Assisted Dying for the Terminally Ill Bill proposed in the UK in 2005 focused on doctors, whereas the Proposal on Assisted Dying of the Norwegian Penal Code Commission minority in 2002 did not. Professional medical organisations in all these countries except The Netherlands maintain the position that medical assistance in dying conflicts with the basic role of doctors. However, in Belgium and Switzerland, and for a time in the UK, these organisations dropped their opposition to new legislation. Today, they regard the issue as primarily a matter for society and politics. This "neutral" stance differs from the official position of the Royal Dutch Medical Association which has played a key role in developing the Dutch practice of euthanasia as a "medical end-of-life decision" since the 1970s. A society moving towards an open approach to assisted dying should carefully identify tasks to assign exclusively to medical doctors, and distinguish those possibly better performed by other professions.

  12. Stories of change in drug treatment: a narrative analysis of 'whats' and 'hows' in institutional storytelling.

    Science.gov (United States)

    Andersen, Ditte

    2015-06-01

    Addiction research has demonstrated how recovering individuals need narratives that make sense of past drug use and enable constructions of future, non-addict identities. However, there has not been much investigation into how these recovery narratives actually develop moment-to-moment in drug treatment. Building on the sociology of storytelling and ethnographic fieldwork conducted at two drug treatment institutions for young people in Denmark, this article argues that studying stories in the context of their telling brings forth novel insights. Through a narrative analysis of both 'the whats' (story content) and 'the hows' (storying process) the article presents four findings: (1) stories of change function locally as an institutional requirement; (2) professional drug treatment providers edit young people's storytelling through different techniques; (3) the narrative environment of the drug treatment institution shapes how particular stories make sense of the past, present and future; and (4) storytelling in drug treatment is an interactive achievement. A fine-grained analysis illuminates in particular how some stories on gender and drug use are silenced, while others are encouraged. The demonstration of how local narrative environments shape stories contributes to the general understanding of interactive storytelling in encounters between professionals and clients in treatment settings. © 2015 The Author. Sociology of Health & Illness published by John Wiley & Sons Ltd. on behalf of Foundation for Sociology of Health & Illness.

  13. Organ donation in the ICU: A document analysis of institutional policies, protocols, and order sets.

    Science.gov (United States)

    Oczkowski, Simon J W; Centofanti, John E; Durepos, Pamela; Arseneau, Erika; Kelecevic, Julija; Cook, Deborah J; Meade, Maureen O

    2018-04-01

    To better understand how local policies influence organ donation rates. We conducted a document analysis of our ICU organ donation policies, protocols and order sets. We used a systematic search of our institution's policy library to identify documents related to organ donation. We used Mindnode software to create a publication timeline, basic statistics to describe document characteristics, and qualitative content analysis to extract document themes. Documents were retrieved from Hamilton Health Sciences, an academic hospital system with a high volume of organ donation, from database inception to October 2015. We retrieved 12 active organ donation documents, including six protocols, two policies, two order sets, and two unclassified documents, a majority (75%) after the introduction of donation after circulatory death in 2006. Four major themes emerged: organ donation process, quality of care, patient and family-centred care, and the role of the institution. These themes indicate areas where documented institutional standards may be beneficial. Further research is necessary to determine the relationship of local policies, protocols, and order sets to actual organ donation practices, and to identify barriers and facilitators to improving donation rates. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. STRATEGIC ANALYSIS OF THE STATE-PRIVATE PARTNERSHIP INSTITUTE IN THE HEALTHCARE

    Directory of Open Access Journals (Sweden)

    V. L. Adzhienko

    2017-01-01

    Full Text Available Management decisions, both at the enterprise level and at the industry level as a whole, is impossible without carrying out a strategic analysis, which is regarded as the performance of a corresponding management function that is perspective-oriented and has a high level of uncertainty. Strategic analysis involves researching the system of factors that determine the future state of the public-private partnership (PPP in the development of health care. The strategic analysis of PPP in the healthcare sector as a complex study of positive and negative factors that may affect the efficiency of the development of the PPP institution in the development of the healthcare is under consideration in the article. A number of new components complementing the system of strategic analysis of PPPs in the healthcare were proposed, and generalizations and conclusions were made.The aim of the research is to study the impact of the strategic analysis of PPPs in the sphere of healthcare on the formation of strategic directions for increasing the efficiency of using the PPP institution in healthcare.Materials and methods. In the process of achieving the research goal, methods of strategic and integrated economic analysis were used.Results and discussion. In our strategic analysis of PPP in the healthcare, it was revealed that under the conditions of underfunding national economy, medical institutions based on PPPs are being established in order to modernize and improve the quality of public services. PPP is an effective mechanism for attracting long-term investments aimed at the development of the health sector. The results of our analysis of PPP in the sphere of Russian healthcare made it possible to reveal that at present there are more than 70 projects in the process of implementation, 61 projects are already under construction and operation. Within the framework of the PPP-implemented healthcare projects, it is planned to attract investments of 61 billion rubles

  15. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  16. Systematic analysis of funding awarded for mycology research to institutions in the UK, 1997-2010.

    Science.gov (United States)

    Head, Michael G; Fitchett, Joseph R; Atun, Rifat; May, Robin C

    2014-01-09

    Fungal infections cause significant global morbidity and mortality. We have previously described the UK investments in global infectious disease research, and here our objective is to describe the investments awarded to UK institutions for mycology research and outline potential funding gaps in the UK portfolio. Systematic analysis. UK institutions carrying out infectious disease research. Primary outcome is the amount of funding and number of studies related to mycology research. Secondary outcomes are describing the investments made to specific fungal pathogens and diseases, and also the type of science along the R&D value chain. We systematically searched databases and websites for information on research studies from public and philanthropic funding institutions awarded between 1997 and 2010, and highlighted the mycology-related projects. Of 6165 funded studies, we identified 171 studies related to mycology (total investment £48.4 million, 1.9% of all infection research, with mean annual funding £3.5 million). Studies related to global health represented 5.1% of this funding (£2.4 million, compared with 35.6% of all infectious diseases). Leading funders were the Biotechnology and Biological Sciences Research Council (£14.8 million, 30.5%) and Wellcome Trust (£12.0 million, 24.7%). Preclinical studies received £42.2 million (87.3%), with clinical trials, intervention studies and implementation research in total receiving £6.2 million (12.7%). By institution, University of Aberdeen received most funding (£16.9 million, 35%). Studies investigating antifungal resistance received £1.5 million (3.2%). There is little translation of preclinical research into clinical trials or implementation research in spite of substantial disease burden globally, and there are few UK institutions that carry out significant quantities of mycology research of any type. In the context of global health and the burden of disease in low-income countries, more investment is

  17. TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE

    OpenAIRE

    Bondov S. N.

    2014-01-01

    The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corr...

  18. Expense of robotic thyroidectomy: a cost analysis at a single institution.

    Science.gov (United States)

    Broome, James T; Pomeroy, Sharon; Solorzano, Carmen C

    2012-12-01

    HYPOTHESIS The cost of robotic thyroidectomy (RT) is significantly higher than that of standard open thyroidectomy (ST). DESIGN A retrospective cost analysis of ST was compared with a projected cost analysis of RT using institution-specific data. SETTING Endocrine surgery division at an academic center. PARTICIPANTS Standard open thyroidectomy data from 2 high-volume endocrine surgeons vs published variables from high-volume RT surgeons. MAIN OUTCOME MEASURES A cost analysis was performed for ST (Current Procedural Technology code 60240). The cost of RT was estimated as operative time plus anesthesia fees plus consumables plus the robotic system (da Vinci Surgical System; Intuitive Surgical, Inc). Institution-specific data were collected for ST, and only those costs that varied between ST and RT were included in the analysis. The mean operative time for ST was based on data from 2 high-volume endocrine surgeons at our institution. The RT operative data were extracted from published series of high-volume RT surgeons. RESULTS The relative costs calculated were $2668 for ST vs $5795 for RT. This represents a 217% increased cost of RT compared with ST. The mean operative times were 113 minutes for ST vs 137 minutes for RT. CONCLUSIONS Technologic advances are paramount in providing the best medical care for patients. This progress must be tempered by a rational, open discussion about the costs of these advancements. Only then can the proposed benefits of a new technology be weighed accurately against the overall societal cost. Surgeons need to be aware of the cost of their technologic choices and the burdens that those place on limited resources.

  19. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  20. 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…

  1. Land Conversion, Social Impacts, and Legal Remedies ...

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

    Land Conversion, Social Impacts, and Legal Remedies: Understanding the Role of Community Paralegals in Addressing Impacts of Land Use Change in Asia. This project ... There is a recognized need for intermediary institutions, such as media, political parties, and unions that help citizens exercise their rights. Community ...

  2. Towards the Legal Recognition and Governance of Forest ...

    African Journals Online (AJOL)

    ... governance regime is being created which will ensure the resilience of the forest ecosystem services including the legal framework, the institutions operating within this framework, the tools available and their functioning, and how cooperative governance is operating. KEYWORDS: Ecosystem services, Mozambique, legal ...

  3. What is the contribution of the dialogue with social sciences for Brazilian legal research? An analysis from an empirical study in the small claims criminal court in the city of Rio de Janeiro

    Directory of Open Access Journals (Sweden)

    Vera Ribeiro de Almeida

    2014-07-01

    Full Text Available This paper synthesizes some observations regarding a broader research in which both literature and methods from social sciences were employed. These resources have become important instruments for understanding legal actors' speeches and their judicial practices, with an emphasis on the analysis of consensus building in the criminal justice system of the city of Rio de Janeiro. This emphasis was justified because in the course of such analysis it was possible to observe law through a non-normative perspective. In order to do so, we have compared the speeches (both legal and doctrinal with the practices and speeches of the actors themselves about the "consensus" as a category. By discussing the results obtained with this exercise, we expect to contribute to the reflection about the paths of the Brazilian legal research and the indispensable dialogue with contributions from other fields.

  4. Comparative Analysis of Public and Private Educational Institutions: A Case Study of District Vehari-Pakistan

    Science.gov (United States)

    Awan, Abdul Ghafoor; Zia, Asma

    2015-01-01

    Education is necessary for the personality grooming of individual. There are different types of institutions available like private and public institutions, technical institutions, and madrasas (religious institutions). These institutes are having the triangle of three main pillars; consisted of Teachers, Students, and Curriculum. There are two…

  5. ORGANIZATION COMMUNICATION: A CRITICAL DISCOURSE ANALYSIS OF THE INTER-INSTITUTIONAL AGREEMENT FOR ACADEMIC INTERNATIONAL COOPERATION

    Directory of Open Access Journals (Sweden)

    Adriane Marie Salm Coelho

    2016-12-01

    Full Text Available Up to now, very few business genres have been described, there is a need to investigate more about the genres in this area (Salm, 2000. In order to contribute to this area of research, academic agreements for international cooperation from higher educational institutions were analyzed in order to make a critical study of this particular discourse. The analysis draws on principles of critical discourse analysis, Fairclough’s (1992 tri-dimensional model of Critical Discourse Analysis, Halliday’s (1994 Functional Grammar, Ramos’s (1965 ‘Redução Sociológica’ and genre studies (Meurer, 1998. Results have shown evidence of the power relation between discourse participants.

  6. Evaluating the efficiency of a zakat institution over a period of time using data envelopment analysis

    Science.gov (United States)

    Krishnan, Anath Rau; Hamzah, Ahmad Aizuddin

    2017-08-01

    It is crucial for a zakat institution to evaluate and understand how efficiently they have operated in the past, thus ideal strategies could be developed for future improvement. However, evaluating the efficiency of a zakat institution is actually a challenging process as it involves the presence of multiple inputs or/and outputs. This paper proposes a step-by-step procedure comprising two data envelopment analysis models, namely dual Charnes-Cooper-Rhodes and slack-based model to quantitatively measure the overall efficiency of a zakat institution over a period of time. The applicability of the proposed procedure was demonstrated by evaluating the efficiency of Pusat Zakat Sabah, Malaysia from the year of 2007 up to 2015 by treating each year as a decision making unit. Two inputs (i.e. number of staff and number of branches) and two outputs (i.e. total collection and total distribution) were used to measure the overall efficiency achieved each year. The causes of inefficiency and strategy for future improvement were discussed based on the results.

  7. Institutional dimensions of Payments for Ecosystem Services. An analysis of Mexico's carbon forestry programme

    International Nuclear Information System (INIS)

    Corbera, Esteve; Brown, Katrina; Soberanis, Carmen Gonzalez

    2009-01-01

    This article proposes a multi-dimensional framework for understanding the development and effectiveness of Payments for Ecosystem Services (PES) schemes, framed around the notions of institutional design, performance and interplay. The framework is applied in the context of Mexico's Programme of Payments for Carbon, Biodiversity and Agro-forestry Services (PSA-CABSA), with an emphasis on its carbon component. The analysis shows that PSA-CABSA was promoted by civil society and its rules have been subject to continuous modifications over time. In the case of the carbon component, changes have been due to an original misunderstanding of how carbon projects should be designed, implemented, and carbon traded in actual markets. From a performance point of view, the paper shows that the programme has been well received by rural communities, and carbon payments have contributed to increase household income and to enhance forest management practices and organisational skills. The paper also highlights sources of institutional interplay with local institutions and international climate policy, and it reveals the importance of capacity and scale issues in securing an effective and fair implementation of PES. The conclusion provides some policy recommendations for the future development of PES initiatives in Mexico and elsewhere. (author)

  8. The Analysis of the Customer Request Processing in a Financial Institution

    Directory of Open Access Journals (Sweden)

    Maria NEAGU

    2013-03-01

    Full Text Available his paper presents the numerical simulation of the customer requests processing by generalists and specialists in a financial institution using ARENA software. The model considers three types of requests: standard requests, direct special requests and special requests received by telephone or e-mail. The requests processing time and costs receive a detailed analysis: the processing time, the waiting time and the total time, the requests number and the requests cost dependencies as a function of the standard requests incoming frequency are presented.

  9. Seven hundred seventy eight bite marks: analysis by anatomic location, victim and biter demographics, type of crime, and legal disposition.

    Science.gov (United States)

    Freeman, Adam J; Senn, David R; Arendt, Douglas M

    2005-11-01

    A study of the etiology, anatomic location, victim demographics and legal disposition of bite mark cases was made with the purpose of updating and augmenting previous research in the field. The information may be of interest to a myriad of professional disciplines including Forensic Odontologists, Medical Examiners, Detectives, Profilers, Emergency Room Personnel, Coroners, Psychologists, and Family Service Counselors, as bite marks provide both physical and biological data. While bite marks were found on all anatomic regions of the body some sites are significantly more likely to receive bites, and the frequency that an area is bitten may vary with the type of crime. Sex and age of the victim may also impact the resulting location and frequency of bites. A survey form for bite mark cases was created and mailed to all Diplomates of the American Board of Forensic Odontology. The survey form was also included in the American Society of Forensic Odontology newsletter. The survey requested that the recipient fill out a separate form for each case for which the recipient was the primary investigator of a patterned injury. The data from the resulting surveys were entered into a Microsoft Excel spreadsheet. The responses detailed two hundred thirty two (259) bite mark cases that included seven hundred (778) individual bite marks. Harvey (1976) and Sweet and Pretty (2000) published studies finding the highest percentage of bites to the breasts. In 1983 Vale and Noguchi published the paper indicating that the most frequently bitten area was the upper extremities. The survey forms were sent to approximately 1100 forensic dentist in 26 countries. The forensic experience level of the dentists varied from neophyte to very experienced. The data were analyzed and the results reported and organized in the following categories; Victim Distribution by Gender, Victim Distribution by Age, Child Abuse Distribution by Age and Gender, Sexual Assault Distribution by age and Gender

  10. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

    Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples......: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....

  11. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  12. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  13. Bridging political economy analysis and critical institutionalism: an approach to help analyse institutional change for rural water services

    OpenAIRE

    Stephen David Jones

    2015-01-01

    This paper argues that approaches to understanding local institutionsfor natural resource management based on “critical institutionalism” (Cleaver2012), which emphasises the importance of improvisation and adaptationacross different scales, can be placed within broader political economy analysisframeworks for assessing challenges in public services delivery from national tolocal levels. The paper uses such an extended political economy analysis approachto understand the role of the internatio...

  14. The balanced scorecard in higher education institutions: a perspective analysis Balanced Scorecard em Instituições de Ensino Superior: uma análise das perspectivas

    Directory of Open Access Journals (Sweden)

    Carlos Rogério Montenegro de Lima

    2011-10-01

    Full Text Available Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 st1:*{behavior:url(#ieooui } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabela normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This paper aims to determine the perspectives of the Balanced ScoreCard (BSC in Higher Education Institutions (HEIs. This descriptive, bibliographic and document analysis had a quantitative approach, in which were analyzed twenty-five foreign HEIs based in the United States, Turkey and Thailand. Besides these, another seventeen national HEIs were analyzed. As a result, this research shows that three perspectives are more recurrent in the foreign institutions: Internal Processes, Financial and Customers. In the national institutions, four perspectives appear in more than half of the institutions analyzed: Internal Processes, Customers, Learning and Growth, and Financial. It is stood out that although the original perspectives suggested by Kaplan and Norton (1997 are the more used, some HEIs used differentiated perspectives. In the foreign institutions, it stood out: Innovation; People; Stakeholders; Academic Administration; Resources; Community; Students Learning; Image and Recognition; Diversity; Processes of International Businesses; Organizational Development; Organizational Climate; and Voters. In the national institutions, some perspectives were

  15. The geography of institutional psychiatric care in France 1800-2000: historical analysis of the spatial diffusion of specialised facilities for institutional care of mental illness.

    Science.gov (United States)

    Coldefy, Magali; Curtis, Sarah E

    2010-12-01

    As in other European countries, specialised psychiatric hospitals were established throughout France during the 19th Century. The construction of these hospitals can be considered as the concrete expression of a therapeutic innovation which recognized insanity as an illness that could be treated in such specialised institutions. The spatial diffusion of these innovative institutions through 19th and 20th century France is analysed and we explore how far this can be understood through theories of diffusion of innovations including geographical models of hierarchical and expansion diffusion (or whether other conceptual models are more appropriate). The research reported here particularly focuses on the period 1800-1961. It involved the construction of an original historical database of both psychiatric hospitals and information on the cities where these institutions were located. This was used to examine and interpret the different phases of development of psychiatric institutions and the parts of the country and types of geographical setting where they were concentrated. A multiple correspondence analysis was then performed to examine the connections between different aspects of the diffusion process. The study shows the limitations of classical models of spatial diffusion, which are found to be consistent with some, but not all aspects of the development of psychiatric institutions in France. An alternative political ecology approach seems more appropriate to conceptualise the various processes involved; national policies, social representations, medicalisation of care of mental illness, and urban and economic growth all seem to be associated with the emergence of a variable and complex pattern. This paper also opens a large field of research. Compared with other western countries, the geography of French psychiatric care is relatively under-researched, although there has been a strong spatial dimension to mental health policy in the country. This analysis provides

  16. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  17. The Economic Contributions of Canada's Colleges and Institutes: An Analysis of Investment Effectiveness and Economic Growth. Volume 1: Main Report

    Science.gov (United States)

    Robison, M. Henry; Christophersen, Kjell A.

    2008-01-01

    This analysis of the economic impacts generated by Canada's Colleges and Institutes is based on a sample of 61 colleges in 9 provinces, representing roughly two-fifths of the some 150 Colleges and Institutes in the country. The findings from the sample were used to generate results by inference for all colleges in Canada. Two major analyses are…

  18. Institutional Knots: A Comparative Analysis of Cord Blood Policy in Canada and the United States.

    Science.gov (United States)

    Denburg, Avram

    2016-02-01

    Umbilical cord blood is a rich source of blood stem cells, which are of critical clinical importance in the treatment of a variety of malignant and genetic conditions requiring stem cell transplantation. Many countries have established national public cord blood banks; such banks often coexist with a panoply of private options for cord blood banking. Until recently, Canada was the only G8 country without a national cord blood bank. This differs markedly from the United States, which years ago established a national cord blood bank policy and inventory. This article investigates potential reasons for this discrepancy through a comparative analysis of the evolution of programs and policies on national cord blood banking in Canada and the United States. My analysis suggests that cross-national discrepancies in policy on public cord blood banking were determined primarily by institutional factors, principal among them formal governmental structure and the legacy of past policies. Institutional entrepreneurialism in the health sector played a constitutive role in the earlier evolution of national cord blood policy in the United States as compared to Canada. Copyright © 2016 by Duke University Press.

  19. Institutional and socioeconomic aspects of water supply

    Science.gov (United States)

    Rauchenschwandtner, H.; Pachel, M.

    2012-04-01

    Institutional and socioeconomic aspects of water supply Within the project CC-WaterS the participating researchers of the Vienna University of Economics and B.A. have been responsible for the analysis of the socioeconomic aspects related to water supply and climate change, the assessment of future water demands in the City of Vienna, as well as an estimation of economic consequences of possible water shortages and possible scope for the introduction of new legal guidelines. The institutional and socioeconomic dimensions of drinking water and sanitation systems are being examined by utilisation of different prognostic scenarios in order to assess future costs of water provisioning and future demands of main water users, thus providing an information basis and recommendations for policy and decision makers in the water sector. These dimensions, for example, include EU legislation - especially the Water Framework Directive -, national legislations and strategies targeted at achieving sustainability in water usage, best practices and different forms of regulating water markets, and an analysis of the implications of demographic change. As a basis this task encompasses research of given institutional, social, and legal-political structures in the area of water supply. In this course we provide an analysis of the structural characteristics of water markets, the role of water prices, the increasing perception of water as an economic good as well as implications thereof, the public awareness in regard to climate change and water resources, as well as related legal aspects and involved actors from regional to international level; and show how water resources and the different systems of water provisioning are affected by (ideological) conflicts on various levels. Furthermore, and in order to provide a solid basis for management recommendations related to climate change and water supply, an analytical risk-assessment framework based on the concepts of new institutional

  20. Legal basis for risk analysis methodology while ensuring food safety in the Eurasian Economic union and the Republic of Belarus

    Directory of Open Access Journals (Sweden)

    E.V. Fedorenko

    2015-09-01

    Full Text Available Health risk analysis methodology is an internationally recognized tool for ensuring food safety. Three main elements of risk analysis are risk assessment, risk management and risk communication to inform the interested parties on the risk, are legislated and implemented in the Eurasian Economic Union and the Republic of Belarus. There is a corresponding organizational and functional framework for the application of risk analysis methodology as in the justification of production safety indicators and the implementation of public health surveillance. Common methodological approaches and criteria for evaluating public health risk are determined, which are used in the development and application of food safety requirements. Risk assessment can be used in justifying the indicators of safety (contaminants, food additives, and evaluating the effectiveness of programs on enrichment of food with micronutrients.

  1. Systematic analysis of funding awarded for mycology research to institutions in the UK, 1997–2010

    Science.gov (United States)

    Head, Michael G; Fitchett, Joseph R; Atun, Rifat; May, Robin C

    2014-01-01

    Objectives Fungal infections cause significant global morbidity and mortality. We have previously described the UK investments in global infectious disease research, and here our objective is to describe the investments awarded to UK institutions for mycology research and outline potential funding gaps in the UK portfolio. Design Systematic analysis. Setting UK institutions carrying out infectious disease research. Primary and secondary outcome measures Primary outcome is the amount of funding and number of studies related to mycology research. Secondary outcomes are describing the investments made to specific fungal pathogens and diseases, and also the type of science along the R&D value chain. Methods We systematically searched databases and websites for information on research studies from public and philanthropic funding institutions awarded between 1997 and 2010, and highlighted the mycology-related projects. Results Of 6165 funded studies, we identified 171 studies related to mycology (total investment £48.4 million, 1.9% of all infection research, with mean annual funding £3.5 million). Studies related to global health represented 5.1% of this funding (£2.4 million, compared with 35.6% of all infectious diseases). Leading funders were the Biotechnology and Biological Sciences Research Council (£14.8 million, 30.5%) and Wellcome Trust (£12.0 million, 24.7%). Preclinical studies received £42.2 million (87.3%), with clinical trials, intervention studies and implementation research in total receiving £6.2 million (12.7%). By institution, University of Aberdeen received most funding (£16.9 million, 35%). Studies investigating antifungal resistance received £1.5 million (3.2%). Conclusions There is little translation of preclinical research into clinical trials or implementation research in spite of substantial disease burden globally, and there are few UK institutions that carry out significant quantities of mycology research of any type. In the context

  2. The Hazard of Graduation: Analysis of Three Multivariate Statistics Used to Study Multi-Institutional Attendance

    Science.gov (United States)

    Muehlberg, Jessica Marie

    2013-01-01

    Adelman (2006) observed that a large quantity of research on retention is "institution-specific or use institutional characteristics as independent variables" (p. 81). However, he observed that over 60% of the students he studied attended multiple institutions making the calculation of institutional effects highly problematic. He argued…

  3. A legal version of the nanoworld

    Science.gov (United States)

    Lacour, Stéphanie

    2011-09-01

    Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.

  4. Relationship Marketing in Legal Services Marketing Strategy

    OpenAIRE

    Audronė Androšiūnaitė; Borisas Melnikas

    2013-01-01

    The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

  5. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

    There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...

  6. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

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

  7. The U.S. Forest Service's analysis of cumulative effects to wildlife: A study of legal standards, current practice, and ongoing challenges on a National Forest

    International Nuclear Information System (INIS)

    Schultz, Courtney A.

    2012-01-01

    Cumulative effects analysis (CEA) allows natural resource managers to understand the status of resources in historical context, learn from past management actions, and adapt future activities accordingly. U.S. federal agencies are required to complete CEA as part of environmental impact assessment under the National Environmental Policy Act (NEPA). Past research on CEA as part of NEPA has identified significant deficiencies in CEA practice, suggested methodologies for handling difficult aspects of CEA, and analyzed the rise in litigation over CEA in U.S. courts. This article provides a review of the literature and legal standards related to CEA as it is done under NEPA and then examines current practice on a U.S. National Forest, utilizing qualitative methods in order to provide a detailed understanding of current approaches to CEA. Research objectives were to understand current practice, investigate ongoing challenges, and identify impediments to improvement. Methods included a systematic review of a set of NEPA documents and semi-structured interviews with practitioners, scientists, and members of the public. Findings indicate that the primary challenges associated with CEA include: issues of both geographic and temporal scale of analysis, confusion over the purpose of the requirement, the lack of monitoring data, and problems coordinating and disseminating data. Improved monitoring strategies and programmatic analyses could support improved CEA practice.

  8. EXPORTING LAW OR THE USE OF LEGAL TRANSPLANTS

    Directory of Open Access Journals (Sweden)

    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.

  9. An analysis of the awareness and performance of radiation workers' radiation/radioactivity protection in medical institutions : Focused on Busan regional medical institutions

    Energy Technology Data Exchange (ETDEWEB)

    Park, Cheol Koo [Dept. of Radiological Science, Graduate School of Catholic University of Pusan, Busan (Korea, Republic of); Hwang, Chul Hwan [Dept. of Radiation Oncology, Pusan National University Hospital, Busan (Korea, Republic of); Kim, Dong Hyun [Dept. of Radiological Science, College of Health Sciences, Catholic University of Pusan, Busan (Korea, Republic of)

    2017-03-15

    The purpose of this study was to investigate safety management awareness and behavioral investigation of radiation/radioactivity performance defenses of radiation workers' in medical institutions. Data collection consisted of 267 radiation workers working in medical institutions using structured questionnaires. As a result, it was analyzed that radiation safety management awareness and performance were high in 40s, 50s group and higher education group. The analysis according to the radiation safety management knowledge was analyzed that the 'Know very well' group had higher scores on awareness and performance scores. The analysis according to the degree of safety management effort showed the high awareness scale and the performance scale in the group 'Receiving various education or studying the safety management contents through book'. The correlations between the sub-factors showed the highest positive correlation between perceived practician and personal perspective and perceived by patient and patient's caretaker perspective. Therefore, radiation safety management for workers, patients, and patient's caretaker should be conducted through continuous education of radiation safety management through various routes of radiation workers working at medical institutions.

  10. An analysis of the awareness and performance of radiation workers' radiation/radioactivity protection in medical institutions : Focused on Busan regional medical institutions

    International Nuclear Information System (INIS)

    Park, Cheol Koo; Hwang, Chul Hwan; Kim, Dong Hyun

    2017-01-01

    The purpose of this study was to investigate safety management awareness and behavioral investigation of radiation/radioactivity performance defenses of radiation workers' in medical institutions. Data collection consisted of 267 radiation workers working in medical institutions using structured questionnaires. As a result, it was analyzed that radiation safety management awareness and performance were high in 40s, 50s group and higher education group. The analysis according to the radiation safety management knowledge was analyzed that the 'Know very well' group had higher scores on awareness and performance scores. The analysis according to the degree of safety management effort showed the high awareness scale and the performance scale in the group 'Receiving various education or studying the safety management contents through book'. The correlations between the sub-factors showed the highest positive correlation between perceived practician and personal perspective and perceived by patient and patient's caretaker perspective. Therefore, radiation safety management for workers, patients, and patient's caretaker should be conducted through continuous education of radiation safety management through various routes of radiation workers working at medical institutions

  11. A model for Southern Mediterranean research institute self-assessment: a SWOT analysis-based approach to promote capacity building at Theodor Bilharz Research Institute in Cairo (Egypt).

    Science.gov (United States)

    Ghinolfi, Davide; El Baz, Hanan G; Borgonovi, Elio; Radwan, Amr; Laurence, Ola; Sayed, Hanan A; De Simone, Paolo; Abdelwadoud, Moaz; Stefani, Alessandro; Botros, Sanaa S; Filipponi, Franco

    2014-01-01

    THEBERA is a project funded by the European Union (EU), as an ERA-WIDE FP7 project, aiming to strengthen the Theodor Bilharz Research Institute (TBRI) capacities. A SWOT (strength/weakness/opportunities/threats) analysis of human, structural and organisational existing resources was performed in light of an extensive analysis of liver disease research and clinical management in Egypt, for a full understanding of TBRI needs. Strength and weakness features were identified and analysed, so were actions to be implemented and targets to be accomplished, to develop a business plan gathering the required critical mass (political, scientific, industrial, social) to select investment priorities, to sacrifice non-strategic areas of research, to promote national and international connections and industrial innovations, to update diagnostics and research device technologies and clinical management processes at European levels, to implement fundraising activities, to organise and properly assess training activities for young researchers, physicians, nurses, and technicians. Research institute self assessment is a priority need for sustainable capacity building and for future build-up of a competent health care research institute. Sustainable capacity building strategies must be designed on needs assessment, involving salient requirements: clear strategy, leverage of administrative capacities, industrial support and connections, systematised training programmes and enhancement of mobility of health care staff implemented within ill-defined boundaries and continuously re-evaluated with multiple feedback loops in order to build a complex, adaptable and reliable system based on value. Copyright © 2014 Arab Journal of Gastroenterology. Published by Elsevier B.V. All rights reserved.

  12. Legal provisions governing the acknowledgement of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

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

  13. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

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

  14. Studying the impact of industry type validation criteria to Legal customers of Bank Saderat Iran using data envelopment analysis

    Directory of Open Access Journals (Sweden)

    Alireza Rajabipour Meybodi

    2013-08-01

    Full Text Available One of the problems of today's banking system is overdue loans. The basic strategy for solving this problem is creating a credit rating system of customers. Financial ratios extracted from financial statements of companies have long been considered as one of the useful tools used for evaluating companies by individuals to predict future conditions. Therefore, in this study, ranking of companies in each industry has been discussed using Data Envelopment Analysis (DEA and a number of inputs and outputs such as financial ratios and other important characteristics from the viewpoint of professors and credit experts. Then, ratings of the inputs and outputs (credit criteria have been identified to distinguish and compare the types of industries using sensitivity analysis. Finally, the values of inputs and outputs have been studied for different industries. The research approach can be used by banks in credit risk management for customers.

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

    DEFF Research Database (Denmark)

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

    2017-01-01

    and potentially ergogenic supplements beta-alanine, bicarbonate, caffeine and nitrate were selected for analysis. Following a systematic search in Pubmed and SportsDiscuss combined with evaluation of cross references a total of 7 (beta-alanine), 25 (bicarbonate), 9 (caffeine), and 5 (nitrate) studies was included.......002) and bicarbonate (ES: 0.40 [0.27-0.54], P bicarbonate's ergogenic effect is clearly documented for intense endurance...

  16. Fundamentals and Optimal Institutions

    DEFF Research Database (Denmark)

    Gonzalez-Eiras, Martin; Harmon, Nikolaj Arpe; Rossi, Martín

    2016-01-01

    To shed light on the relation between fundamentals and adopted institutions we examine institutional choice across the ``Big Four'' US sports leagues. Despite having very similar business models and facing the same economic and legal environment, these leagues exhibit large differences in their use...... of regulatory institutions such as revenue sharing, salary caps or luxury taxes. We show, theoretically and empirically, that these large differences in adopted institutions can be rationalized as optimal responses to differences in the fundamental characteristics of the sports being played. This provides...

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

    Science.gov (United States)

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

    2016-09-01

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

  18. Coauthorship and institutional collaborations on cost-effectiveness analyses: a systematic network analysis.

    Directory of Open Access Journals (Sweden)

    Ferrán Catalá-López

    Full Text Available BACKGROUND: Cost-Effectiveness Analysis (CEA has been promoted as an important research methodology for determining the efficiency of healthcare technology and guiding medical decision-making. Our aim was to characterize the collaborative patterns of CEA conducted over the past two decades in Spain. METHODS AND FINDINGS: A systematic analysis was carried out with the information obtained through an updated comprehensive literature review and from reports of health technology assessment agencies. We identified CEAs with outcomes expressed as a time-based summary measure of population health (e.g. quality-adjusted life-years or disability-adjusted life-years, conducted in Spain and published between 1989 and 2011. Networks of coauthorship and institutional collaboration were produced using PAJEK software. One-hundred and thirty-one papers were analyzed, in which 526 authors and 230 institutions participated. The overall signatures per paper index was 5.4. Six major groups (one with 14 members, three with 7 members and two with 6 members were identified. The most prolific authors were generally affiliated with the private-for-profit sector (e.g. consulting firms and the pharmaceutical industry. The private-for-profit sector maintains profuse collaborative networks including public hospitals and academia. Collaboration within the public sector (e.g. healthcare administration and primary care was weak and fragmented. CONCLUSIONS: This empirical analysis reflects critical practices among collaborative networks that contributed substantially to the production of CEA, raises challenges for redesigning future policies and provides a framework for similar analyses in other regions.

  19. Citation Analysis of Keratoconus 1900-2013: The Most Influential Publications, Authors, Institutions, and Journals.

    Science.gov (United States)

    Ali, Noor Q; Patel, Dipika V; Lockington, David; McGhee, Charles N J

    2014-01-01

    The objectives of this study were to identify the 250 most highly cited publications on keratoconus and to identify trends in topics and distinguish the most influential authors, journals, and institutions in the field. This was a database study. The authors searched the Web of Science database using the keyword "keratoconus." The results were refined to articles and reviews only, years 1900 to 2013, and sorted by citation count. The 250 most cited, relevant publications to keratoconus were identified, and citation analysis of the authors, topics, journals, institutions, and countries was performed. From the 3030 records identified, the most cited 250 publications were all published in the last 60 years. Publication numbers rose exponentially from the early 1960s, and citation rates have mirrored this. For the 250 most cited publications, the top 25 authors contributed to 60.2% (mean, 6.1 ± 2.3 publications per author), and the top 25 institutions contributed to 57.6%. The mean citation count per article was 80.7 ± 62.4. Twelve journal titles contained 89.2% of the 250 most cited articles, and greater than 47.6% of publications originated from the United States. The major subtopics were corneal transplantation (31.2%), diagnostic instruments (17.6%), and structural and molecular analyses (17.6%). There has been an exponential increase in the body of knowledge on keratoconus in the last 60 years. This interest has been driven by refractive surgery related keratectasia, the emergence of better imaging technologies, and effective treatments.

  20. Longitudinal Patent Analysis for Nanoscale Science and Engineering: Country, Institution and Technology Field

    International Nuclear Information System (INIS)

    Huang Zan; Chen Hsinchun; Yip, Alan; Ng, Gavin; Guo Fei; Chen Zhikai; Roco, Mihail C.

    2003-01-01

    Nanoscale science and engineering (NSE) and related areas have seen rapid growth in recent years. The speed and scope of development in the field have made it essential for researchers to be informed on the progress across different laboratories, companies, industries and countries. In this project, we experimented with several analysis and visualization techniques on NSE-related United States patent documents to support various knowledge tasks. This paper presents results on the basic analysis of nanotechnology patents between 1976 and 2002, content map analysis and citation network analysis. The data have been obtained on individual countries, institutions and technology fields. The top 10 countries with the largest number of nanotechnology patents are the United States, Japan, France, the United Kingdom, Taiwan, Korea, the Netherlands, Switzerland, Italy and Australia. The fastest growth in the last 5 years has been in chemical and pharmaceutical fields, followed by semiconductor devices. The results demonstrate potential of information-based discovery and visualization technologies to capture knowledge regarding nanotechnology performance, transfer of knowledge and trends of development through analyzing the patent documents

  1. Suicides on the Austrian railway network: hotspot analysis and effect of proximity to psychiatric institutions

    Science.gov (United States)

    Klimek, Peter; Sonneck, Gernot

    2017-01-01

    Railway suicide is a significant public health problem. In addition to the loss of lives, these suicides occur in public space, causing traumatization among train drivers and passengers, and significant public transport delays. Prevention efforts depend upon accurate knowledge of clustering phenomena across the railway network, and spatial risk factors. Factors such as proximity to psychiatric institutions have been discussed to impact on railway suicides, but analytic evaluations are scarce and limited. We identify 15 hotspots on the Austrian railway system while taking case location uncertainties into account. These hotspots represent 0.9% of the total track length (5916 km/3676 miles) that account for up to 17% of all railway suicides (N=1130). We model suicide locations on the network using a smoothed inhomogeneous Poisson process and validate it using randomization tests. We find that the density of psychiatric beds is a significant predictor of railway suicide. Further predictors are population density, multitrack structure and—less consistently—spatial socio-economic factors including total suicide rates. We evaluate the model for the identified hotspots and show that the actual influence of these variables differs across individual hotspots. This analysis provides important information for suicide prevention research and practice. We recommend structural separation of railway tracks from nearby psychiatric institutions to prevent railway suicide. PMID:28405359

  2. Urbanization and human health in urban India: institutional analysis of water-borne diseases in Ahmedabad.

    Science.gov (United States)

    Saravanan, V S; Ayessa Idenal, Marissa; Saiyed, Shahin; Saxena, Deepak; Gerke, Solvay

    2016-10-01

    Diseases are rapidly urbanizing. Ageing infrastructures, high levels of inequality, poor urban governance, rapidly growing economies and highly dense and mobile populations all create environments rife for water-borne diseases. This article analyzes the role of institutions as crosscutting entities among a myriad of factors that breed water-borne diseases in the city of Ahmedabad, India. It applies 'path dependency' and a 'rational choice' perspective to understand the factors facilitating the breeding of diseases. This study is based on household surveys of approximately 327 households in two case study wards and intermittent interviews with key informants over a period of 2 years. Principle component analysis is applied to reduce the data and convert a set of observations, which potentially correlate with each other, into components. Institutional analyses behind these components reveal the role of social actors in exploiting the deeply rooted inefficiencies affecting urban health. This has led to a vicious cycle; breaking this cycle requires understanding the political dynamics that underlie the exposure and prevalence of diseases to improve urban health. © The Author 2016. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  3. Postoperative complications following intraoperative radiotherapy in abdominopelvic malignancy: A single institution analysis of 113 consecutive patients.

    Science.gov (United States)

    Abdelfatah, Eihab; Page, Andrew; Sacks, Justin; Pierorazio, Phillip; Bivalacqua, Trinity; Efron, Jonathan; Terezakis, Stephanie; Gearhart, Susan; Fang, Sandy; Safar, Bashar; Pawlik, Timothy M; Armour, Elwood; Hacker-Prietz, Amy; Herman, Joseph; Ahuja, Nita

    2017-06-01

    Intraoperative radiotherapy (IORT) has advantages over external beam radiation therapy (EBRT). Few studies have described side effects associated with its addition. We evaluated our institution's experience with abdominopelvic IORT to assess safety by postoperative complication rates. Prospectively collected IRB-approved database of all patients receiving abdominopelvic IORT (via high dose rate brachytherapy) at Johns Hopkins Hospital between November 2006 and May 2014 was reviewed. Patients were discussed in multidisciplinary conferences. Those selected for IORT were patients for whom curative intent resection was planned for which IORT could improve margin-negative resection and optimize locoregional control. Perioperative complications were classified via Clavien-Dindo scale for postoperative surgical complications. A total of 113 patients were evaluated. Most common diagnosis was sarcoma (50/113, 44%) followed by colorectal cancer (45/113, 40%), most of which were recurrent (84%). There were no perioperative deaths. A total of 57% of patients experienced a complication Grade II or higher: 24% (27/113) Grade II; 27% (30/113) Grade III; 7% (8/113) Grade IV. Wound complications were most common (38%), then gastrointestinal (25%). No radiotherapy variables were significantly associated with complications on uni/multi-variate analysis. Our institution's experience with IORT demonstrated historically expected postoperative complication rates. IORT is safe, with acceptable perioperative morbidity. © 2017 Wiley Periodicals, Inc.

  4. Analysis on the integration in the educational system of the ICT: institutional projects and permanent training

    Directory of Open Access Journals (Sweden)

    Javier Rodríguez Torres

    2012-11-01

    Full Text Available Throughout this work we wanted to analyze some of the speeches that are implicit or explicit in teacher training on curriculum integration of ICT. This task responds to the discovery of the interests and values that guide rational action and the principles that serve as a framework to develop proposals with ICT and its impact on the professional development of teachers in a school.  We approach the realization of institutional projects for integration into the educational system of ICT and its impact and consequences of teacher education. Projects designed by the agencies and institutions of national and regional level, where analysis and reflection on the role of ICT in education, and more specifically, teacher education does not require addressing the role of these resources from the perspective of innovation and improvement. This is because the dominant discourses in relation to the integration of ICT in education, associate without more, technology and innovation. When this issue is more complex, given the implications that such discourses have on their teaching practices.

  5. Certified sediment reference materials for trace element analysis from the National Metrology Institute of Japan (NMIJ).

    Science.gov (United States)

    Inagaki, Kazumi; Takatsu, Akiko; Kuroiwa, Takayoshi; Nakama, Atsuko; Eyama, Sakae; Chiba, Koichi; Okamoto, Kensaku

    2004-03-01

    Two types of sediment reference material (NMIJ 7302-a and 7303-a) for trace elements analysis have been prepared and certified by the National Metrology Institute of Japan in the National Institute of Advanced Industrial Science and Technology (NMIJ/AIST). The original materials were collected from a bay near industrial activity in Kyushu (NMIJ CRM 7302-a; marine sediment) and from Lake Biwa (NMIJ CRM 7303-a; lake sediment). The sediment materials were air-dried, sieved, homogenized, packaged in 1000 glass bottles (60 g each), and radiation sterilized. Certification of these CRM for trace elements was conducted by NMIJ, where each element was determined by at least two independent analytical techniques. Isotope-dilution inductively coupled plasma mass spectrometry (ICP-MS) was applied for certification of all the elements except mono-nuclide elements such as As and Co. Other techniques such as ICP-MS with quadrupole mass spectrometry and sector-field mass spectrometry, inductively coupled plasma atomic emission spectrometry (ICP-AES), and atomic absorption spectrometry (AAS), were also used. Certified values have been provided for 14 elements (Sb, As, Cd, Cr, Co, Cu, Pb, Hg, Mo, Ni, Se, Ag, Sn, and Zn) in both CRM.

  6. LEGAL ANALYSIS OF ARTICLE 7 OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: CHILDREN WITH DISABILITIES

    Directory of Open Access Journals (Sweden)

    IGNACIO CAMPOY CERVERA

    2017-12-01

    Full Text Available The aim of this article is to carry out an in-depth analysis of Article 7, “Children with disabilities”, of the Convention on the Rights of Persons with Disabilities. First of all it is explained how the Article 7 is the result of two different models of human rights: the “renewed” protectionism in relation with the children’s rights and the social model in relation with the rights of persons with disabilities. After, it is explained how was the development of the creation of Article 7 within the Ad Hoc Committee which was created for the elaboration of the Convention. In an extensive section it is analysed the wording of Article 7, particularly taking account of the General Comments of the Committee on the Rights of Persons with Disabilities and the Committee on the Rights of the Child. Finally, the analysis of the meaning and scope of Article 7 is completed, taking into account other articles of the Convention and the jurisprudence of the European Court of Human Rights.

  7. Kritika legal orgins thesis a pojem právní kultury

    Czech Academy of Sciences Publication Activity Database

    Šejvl, Michal

    2013-01-01

    Roč. 152, č. 5 (2013), s. 425-446 ISSN 0231-6625 R&D Projects: GA ČR GAP408/12/2579 Institutional support: RVO:68378122 Keywords : legal origins * law and economics * legal culture Subject RIV: AG - Legal Sciences

  8. Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

    Science.gov (United States)

    Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

    2016-01-01

    Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…

  9. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  10. The Current Condition of the Legal and Regulatory Framework for Accounting the Activities of the NBFIs

    Directory of Open Access Journals (Sweden)

    Prokopenko Zhanna V.

    2017-03-01

    Full Text Available The article studies and evaluates condition of the current legal and regulatory framework for accounting the activities of non-bank financial institutions (NBFIs. The directions of manifestation of accounting have been defined, requirements of the State to its organization and methodology have been characterized. Activities of the major regulatory institutions has been explored, a grouping and an analysis of normative-legal acts have been carried out. A manifestation of the accounting system has been identified, which confers it the functions of socio-economic nature. It has been determined that information asymmetry and accounting system are interrelated, because accounting should satisfy the information needs of both the internal and the external users.

  11. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  12. Institutions of farmer participation and environmental sustainability: a multi-level analysis from irrigation management in Harran Plain, Turkey

    Directory of Open Access Journals (Sweden)

    Gül Özerol

    2013-02-01

    Full Text Available This paper examines the relationship between farmer participation and environmental sustainability from an institutional perspective in the context of Harran Plain, one of the newest and largest irrigated areas in Turkey. Harran Plain undergoes social, economic and institutional change due to the expansion of large-scale irrigation and the establishment of irrigation associations. These changes, however, trigger an environmental change in the form of waterlogging and soil salinisation. The concepts of ‘institutional scale’ and ‘institutional alignment’ are applied to critically analyse the narratives regarding the causes of excessive water use, which is a collective action problem playing a significant role in increased waterlogging and soil salinity in Harran Plain. Empirical findings demonstrate that a low degree of institutional alignment among the rules at different levels constitutes an obstacle against taking actions to prevent excessive water use. Major issues are identified as the lack of water rights at plot and district levels; the exclusion of farmers from the planning of irrigation seasons; the inefficient monitoring of irrigation frequencies and fee collections, and the lack of mechanisms to monitor the operations of irrigation associations. The application of institutional scale and institutional alignment also contribute to the understanding of social-ecological systems by facilitating the systematic analysis of institutions and the identification of areas for institutional change.

  13. Dental research in Spain. A bibliometric analysis on subjects, authors and institutions (1993-2012)

    Science.gov (United States)

    Bueno-Aguilera, Felipe; Lucena-Martín, Cristina; Pulgar-Encinas, Rosa

    2016-01-01

    Background Bibliometrics is defined as the use of statistical methods in the analysis of a body of literature to reveal the historical development of subject fields and patterns of authorship, publication, and use. Our objective was to characterize Spanish scientific output in Dentistry through the analysis of Web of Science database in a 20-year period. By means of a bibliometric study documents were statistically analyzed using indicators that showed quantitative and qualitative aspects of the production. Specifically, time course of the scientific production within the time span was analysed, as were the journals where the article was published and the categories of Journal Citation Reports (JCR) in which they belong, thematic areas, authorship, and finally authors and institutions with the highest production in Spain. Material and Methods By means of the design of a specific search strategy previously described in the scientific literature, we recovered all citable documents about Dentistry signed by Spanish researchers and included in the WoS database between 1993 and 2012. Results A total of 3006 documents fulfilled the search criteria, of which 2449 (81.5%) were published in journals within the category Dentistry Oral Surgery and Medicine and 557 (18.5%) within other categories of the JCR. During the four quinquenniums studied, the production increased quantitatively (8.6-fold) and qualitatively. Finally, the universities of Granada and Complutense of Madrid were the institutions with the highest production and most prolific authors. Conclusions The Spanish dental production sharply increased in the last two decades, reaching quantitative and qualitative levels similar to those of the other medical specialties in the country. Key words:Dental research, dentistry, publications, Journal impact factor, bibliometrics, biomedical research, Spanish dental production. PMID:26827056

  14. ANALYSIS OF LEGAL AND METHODOLOGICAL GROUNDS FOR RISK-ORIENTED SURVEILLANCE OVER CONSUMER PRODUCTS: TASKS AND DEVELOPMENT PROSPECTS IN THE EURASIAN ECONOMIC UNION

    Directory of Open Access Journals (Sweden)

    N.V. Zaitseva

    2017-12-01

    Full Text Available The paper dwells on basic legal and sub-legislative documents issued in the EU, the USA, Canada, by the WTO and Codex Alimentarius Commission which provide control of consumer products safety on the basis of assessing risks for consumers' life and health. Risk-oriented surveillance is shown as a system which makes for lower loads on business but still provides systemic control over most hazardous products. The EU legislation fixes the right to perform supranational control over state control systems existing in the EU member states in terms of their relevance and legitimacy. This supranational control is supported by organizational structures and regulatory and methodological documents. National control systems are systematically reviewed and analyzed in order to secure their conformity to supranational regulatory acts, to detect any cases of non-compliance, and to spread the best practices. Risk analysis reviews and results are open and discussable. As a result of products hazards assessment their turnover can be limited, or they can be withdrawn from the market, or additional information on hazards or risks they may cause is to be provided for consumers. Public and constantly operating systems of informing about hazardous goods are well-developed. International experience and practices in the sphere of risk-oriented surveillance over consumer products can be and should be applied in the Eurasian Economic Union (EEU countries. The Eurasian Economic Union countries fix orientation at observing consumer goods safety principles in their legislation. There are also legal grounds for and practices in the sphere of risk-oriented approach to products manufactures. But it is necessary to further develop a products classification system as per consumer health risk parameters. And this task requires working out unified approaches to classification of both eatable and non-eatable products. It seems relevant to develop a public analytical database of risk

  15. Cross-sectional Analysis of the Standards of Consent Applied to Anaesthesia in Ireland: Are Anaesthetists Aware of their Legal and Ethical Obligations?

    LENUS (Irish Health Repository)

    2018-01-01

    Consent to a medical intervention has legally and ethically evolved to a process prioritising autonomy and patient-led decision-making. This cross-sectional analysis investigated Irish anaesthetists’ practices of taking consent. Following ethical approval, trainees and fellows of the College of Anaesthetists of Ireland were invited to participate in a 33 question online survey. One hundred and sixty responses (11.8%) were received, an equal number coming from consultants and trainees. The majority (93.7%) worked in a teaching hospital. Fifteen percent said their department had guidelines on obtaining consent for anaesthesia, but only 4.5% said their department used a separate consent form. Most (63.8%) do not usually document consent. A significant number rarely (21.8%) or never (27.8%) explained risks to patients. Lack of time was identified as the most frequent barrier (77.6%), with just under half first meeting the patient in the theatre holding-bay or the anaesthetic room. Forty-one percent felt the ultimate decision regarding which anaesthetic technique is employed should usually lie with the anaesthetist alone. These results suggest a wide variation in the practice of obtaining consent for anaesthesia. Less than half deemed their practice to be adequate in this regard, while 50% were concerned about litigation stemming from inadequate consent.

  16. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  17. Suicide among nursing home residents in Australia: A national population-based retrospective analysis of medico-legal death investigation information.

    Science.gov (United States)

    Murphy, Briony J; Bugeja, Lyndal C; Pilgrim, Jennifer L; Ibrahim, Joseph E

    2018-05-01

    Suicide among nursing home residents is a growing public health concern, currently lacking in empirical research. This study aims to describe the frequency and nature of suicide among nursing home residents in Australia. This research comprised a national population-based retrospective analysis of suicide deaths among nursing home residents in Australia reported to the Coroner between July 2000 and December 2013. Cases were identified using the National Coronial Information System, and data collected from paper-based coroners' records on individual, incident, and organizational factors, as well as details of the medico-legal death investigation. Data analysis comprised univariate and bivariate descriptive statistical techniques; ecological analysis of incidence rates using population denominators; and comparison of age and sex of suicide cases to deaths from other causes using logistic regression. The study identified 141 suicides among nursing home residents, occurring at a rate of 0.02 deaths per 100 000 resident bed days. The ratio of deaths from suicide to deaths from any other cause was higher in males than females (OR = 3.56, 95%CI = 2.48-5.12, P = nursing home for less than 12 months (n = 71, 50.3%). Common major life stressors identified in suicide cases included the following: health deterioration (n = 112, 79.4%); isolation and loneliness (n = 60, 42.6%); and maladjustment to nursing home life (n = 42, 29.8%). This research provides a foundational understanding of suicide among nursing home residents in Australia and contributes important new information to the international knowledge base. Copyright © 2018 John Wiley & Sons, Ltd.

  18. Radiometric analysis of cooked meal served at PINSTECH (Pakistan Institute of Nuclear Science and Technology) cafeteria

    International Nuclear Information System (INIS)

    Anjum, M.I.; Khan, K.; Jabbar, A.; Akhter, P.; Dilband, M.; Rehman, M.

    2011-01-01

    The safety of the radiation workers is one of the most essential objectives of the radiation protection department of any nuclear installation. To meet this objective, continuous monitoring and analysis of different media is performed by Health Physics Division of Pakistan Institute of Nuclear Science and Technology (PINSTECH). To find radiological impact of composite food served at PINSTECH on its workers, cooked meal samples were collected from 2008 to 2010. The radiometric analysis of these samples was performed for naturally occurring radionuclide and fission fragments. On the basis of this analysis, only K-40 was found in considerable amount. Its activity ranges from 21.35 +- 2.4 Bqkg/sup -1/ to 117.29 +- 3.01 Bqkg/sup -1/ with cumulative average value of 76.15 +- 2.85 Bqkg/sup -1/. The meals taken by the PINSTECH workers during this period give 62.67 mu Sv as committed effective dose to them which results in estimated cancer risk factor of 1.25 x 10/sup -4/ which is very small as compared to the total risk of 5 x 10/sup -3/. This shows that the food served at PINSTECH cafeteria is radiologically safe for consumers. (author)

  19. Integrated community case management in Malawi: an analysis of innovation and institutional characteristics for policy adoption.

    Science.gov (United States)

    Rodríguez, Daniela C; Banda, Hastings; Namakhoma, Ireen

    2015-12-01

    In 2007, Malawi became an early adopter of integrated community case management for childhood illnesses (iCCM), a policy aimed at community-level treatment for malaria, diarrhoea and pneumonia for children below 5 years. Through a retrospective case study, this article explores critical issues in implementation that arose during policy formulation through the lens of the innovation (i.e. iCCM) and of the institutions involved in the policy process. Data analysis is founded on a documentary review and 21 in-depth stakeholder interviews across institutions in Malawi. Findings indicate that the characteristics of iCCM made it a suitable policy to address persistent challenges in child mortality, namely that ill children were not interacting with health workers on a timely basis and consequently were dying in their communities. Further, iCCM was compatible with the Malawian health system due to the ability to build on an existing community health worker cadre of health surveillance assistants (HSAs) and previous experiences with treatment provision at the community level. In terms of institutions, the Ministry of Health (MoH) demonstrated leadership in the overall policy process despite early challenges of co-ordination within the MoH. WHO, United Nations Children's Fund (UNICEF) and implementing organizations played a supportive role in their position as knowledge brokers. Greater challenges were faced in the organizational capacity of the MoH. Regulatory issues around HSA training as well as concerns around supervision and overburdening of HSAs were discussed, though not fully addressed during policy development. Similarly, the financial sustainability of iCCM, including the mechanisms for channelling funding flows, also remains an unresolved issue. This analysis highlights the role of implementation questions during policy development. Despite several outstanding concerns, the compatibility between iCCM as a policy alternative and the local context laid the

  20. New Institutional Politics

    Directory of Open Access Journals (Sweden)

    Buğra KALKAN

    2015-12-01

    Full Text Available New institutional politics is an interdisciplinary movement that tries to reinstate the institutional politics to the center of the political science. After the limits of formal-legal analyze, used by old institutional politics, have been criticized by behaviorists, rational choice and neo-Marxist movements, since 1950, the state was alienated from the center of the political studies as an independent variable. Since 1980, neo institutional politics, raised as a reaction to this development, has been developing a new description and understanding of the institution which goes beyond the limitations of the old one. The rise and change of the political institutions and the interactions between political institutions and the actors, are being retheorized, by depending on informal rules and conventions as much as formal rules, and pointing out cultural factors as much as legal factors. So, in this study, rational choice, sociological and historical new institutional politics, as the three different school of new institutionalism, will be examined separately and there will be a debate on colliding and overlapping points of these schools

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  2. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

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

  3. Prospects of liberalization for s&t policies in Russia: institutional analysis

    OpenAIRE

    Kirdina, Svetlana

    2010-01-01

    The objective of the paper is to defi ne the trajectory of economic institutional reforms in Russia as a framework of S&T policies. The methodology of this research is based upon the institutional matrices theory (Кирдина, 2001; Kirdina, 2003). The hypothesis claims that the institutional nature of Russia defi nes its prospects of liberalization and needs the active implementation of liberal market institutions policy only within a framework of modernization of redistributive state econom...

  4. Political institutions as substitute for democracy: a political economy analysis of economic growth

    OpenAIRE

    Pereira, Carlos; Teles, Vladimir Kühl

    2009-01-01

    This manuscript empirically assesses the effects of political institutions on economic growth. It analyzes how political institutions affect economic growth in different stages of democratization and economic development by means of dynamic panel estimation with interaction terms. The new empirical results obtained show that political institutions work as a substitute for democracy promoting economic growth. In other words, political institutions are important for increasing economic growth, ...

  5. Content of the definition of a “victim”, its derivatives and adjacent categories in the legal acts of the Soviet state in pre-victimology period (1917–1950: historical-legal victimological research

    Directory of Open Access Journals (Sweden)

    Pavel A. Kabanov

    2017-09-01

    Full Text Available Objective to determine the content of the legal category of ldquovictimrdquo the victimological terms derived from it and related categories used in the Soviet legislation and subnormative legal acts of the first half of the 20th century. nbsp Methods dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors that determined the choice of the following research methods analysis synthesis comparison systematic formallegal comparativelegal methods. Results the content of the legal category of ldquovictimrdquo has been researchhed as wellas the related and derived legal definitions of the Soviet legislation which can significantly broaden the boundaries of the modern subject of the Russian victimology. Based on the analysis of the Soviet legislation the author proposed scientific classification of victims into separate types. The territorial boundaries of the study completely cover the USSR territory. The temporal boundaries of the study are defined as the period from 1917 to 1950. In some cases for completeness of research the author refers to the normative legal acts of other time periods and other countries. The empirical base of the study consisted of 168 existing and invalid regulatory legal acts of the RSFSR and the USSR and politicallegal documents of senior officials of the RSFSR and the USSR. Scientific novelty for the first time in the Russian victimological science the content of the basic category of ldquovictimrdquo was studied which was used in normative legal acts of the Soviet state in the first half of the 20th century i.e. before the formation of the domestic Soviet victimology. The author for the first time in domestic victimology offered to recognize as a victim not only physical and legal persons social groups and public formations but also a social institution ndash a family. Practical significance

  6. Analysis of Management Practices in Lagos State Tertiary Institutions through Total Quality Management Structural Framework

    Science.gov (United States)

    AbdulAzeez, Abbas Tunde

    2016-01-01

    This research investigated total quality management practices and quality teacher education in public tertiary institutions in Lagos State. The study was therefore designed to analyse management practices in Lagos state tertiary institutions through total quality management structural framework. The selected public tertiary institutions in Lagos…

  7. Faculty Study: New Mexico Higher Education Institutions Compared with Regional Peers. Gap Analysis

    Science.gov (United States)

    McClure, Beverlee J.

    2006-01-01

    This study addresses concerns regarding compensation disparities between New Mexico institutions and their peers. A recommended adjustment schedule with fiscal requirements is included, but not specific recommendations for faculty at individual institutions. The average salaries for New Mexico institutions were compared with regional peers to…

  8. 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. 

  9. IMPACT ANALYSIS OF LEGISLATIVE AND INSTITUTIONAL FRAMEWORK ON THE POLICY FOR REGIONAL DEVELOPMENT IN THE LIGHT OF THE REGIONAL OPERATIONAL PROGRAMME

    Directory of Open Access Journals (Sweden)

    Popescu (Stîngaciu Ana-Maria

    2012-12-01

    Full Text Available The analysis of the administrative capacity of institutions in the regional development starts from the analysis of the existing framework for the implementation of regional politics in Romania and studies the extent to what the structures and competencies were regionally enlarged as to contribute in the regional development. The basic hypothesis considered for such analysis had in view the fact that the differences recorded with respect to the implementation capacity of the regional development policy are caused by the various levels of the administrative capacity of the national, regional and local institutions existent in Romania. Although the regional development activity is, both centrally and regionally, dominated by the Regional Operational Programmme 2007-2013 (ROP implementation, significant activity also exists outside the ROP, but only regionally. The regional strategies incorporate to a great extent the strategic objectives established nationally, being coordinated with the national financing instruments for economic, social and territorial development. The undertaking degree of responsibilities regarding the objectives fulfillment of the regional development policy is relatively low both regionally and locally, and the main indicator which contributes in sustaining this conclusion is the absence of an adequate level regarding the property holding on certain strategies and also the methodological lack of strategies. Nationally, the current activity of Ministry of Regional Development and Tourism in the field of regional development totally overlaps the management activity of ROP. The management of structural funds 2007-2013 granted through ROP deals with various situations in which, due to the fact that the Law of regional development remained behind the legislation for the structural instruments implementation in Romania, additional resources are necessary to be granted in order to be found solutions through other types of

  10. Normative instruction in30: an analysis of the institutional change influence of environment on the pet food agribusiness system

    Directory of Open Access Journals (Sweden)

    João Paulo Fernandes Santos

    2013-01-01

    Full Text Available This paper aims to analyze the influence of Instruction 30 (IN30 which includes registration and labeling of food for pets, from the point of view of interpretation, assimilation and its possible impacts on agents that comprise the pet food Agribusiness System (SAG. Were interviewed institutions, represented by two major agencies: The Ministry of Agriculture, and Livestock (MAPA and the Brazilian Association of the Industry of Products for Pets (ABINPET; manufacturing firms; research centers based at Universities, retailers and owners of dogs and cats, totalizing five samples. It was observed that the institutions, the researchers and manufacturers consider the IN30 as an initiative of great importance by bringing self-control and self-regulation of the SAG, besides contemplating the desire of firms regarding agility in launching new technologies. However, the main concern of the researchers was related to quality assurance of food. Firms show up unssatisfied with the lack of consensus on the interpretation of some articles of IN30 by MAPA´s enforcement agents, with discrepancies between regional and the technical managers of companies, especially regarding labeling. Already retailers and owners of pets still seem unaware of the legal aspects of such normative.

  11. Factor Analysis on Criteria Affecting Lean Retrofit for Energy Efficient Initiatives in Higher Learning Institution Buildings

    Directory of Open Access Journals (Sweden)

    Abidin Nur IzieAdiana

    2017-01-01

    Full Text Available The expansion of Higher Learning Institution (HLI is a global concerns on energy demand due to campus act like a small city. Intensive mode of operation of a building is correlated to the energy utilization. Improvement in the current energy efficiency is crucial effort to minimize the environmental effect through minimisation of energy in operation by retrofitting and upgrade the existing building system or components to be more efficient. Basically, there are three recommended steps for the improvement known as lean initiatives, green technology and clean energy in response to becoming zero energy solutions for building. The deliberation of this paper is aimed to highlight the criteria affecting in retrofitting of existing building in HLI with lean initiatives in order to achieve energy efficiency and reduction of energy comsumption. Attention is devoted to reviewing the lean energy retrofitting initiatives criteria for daylighting (side lighting, daylighting (skylight and glazing. The questionnaire survey was employed and distributed to the architects who has an expertise in green building design. Factor analysis was adopted as a method of analysis by using Principal Component with Varimax Rotation. The result is presented through summarizing the sub-criteria according to its importance with a factor loading 0.50 and above. The result found that majority of the criteria developed achieved the significant factor loading value and in accordance with the protocal of analysis. In conclusion the results from analysis of this paper assists the stakeholders in assessing the significant criteria based on the desired lean energy retrofitting initiatives and also provides a huge contribution for future planning improvement in existing buildings to become an energy efficient building.

  12. Developing the National Knowledge Platform in India: a policy and institutional analysis.

    Science.gov (United States)

    Sriram, Veena; Bennett, Sara; Raman, V R; Sheikh, Kabir

    2018-02-20

    The importance of strong engagement between researchers and decision-makers in the improvement of health systems is increasingly being recognised in low- and middle-income countries (LMICs). In 2013, in India, the Ministry of Health and Family Welfare began exploring the formation of a National Knowledge Platform (NKP) for guiding and supporting public health and health systems research in the country. The development of the NKP represents an important opportunity to enhance the linkage between policy-makers and researchers from the health policy and systems research field in India. However, the development process also reflects the highly complex reality of policy-making in the Indian health sector. Our objective is to provide insight into the policy-making process for establishing a health sector knowledge platform in India, and in doing so, to analyse the enabling contextual factors, the interests and actions of stakeholders, and the varying institutional arrangements explored in the development of the NKP. We used a qualitative case study methodology, conducting 16 in-depth interviews and reviewing 42 documents. We utilised General Thematic Analysis to analyse our data. Our research team combined perspectives from both outsiders (independent researchers with no prior or current involvement with the policy) and insiders (researchers involved in the policy-making process). We found that enabling contextual factors, and a combination of government and non-governmental stakeholders with core interests in public health and health systems, were able to gain considerable momentum in moving the idea for the NKP forward. However, complex evidence-to-policy processes in the Indian health sector resulted in complications in determining the right institutional arrangement for the platform. Establishing the appropriate balance between legitimacy and independence, as well as frequent changes in institutional leadership, were found to be additional issues that stakeholders

  13. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  15. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  16. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  17. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  18. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  19. [Treatment by panel physicians of patients in protective institutions and homes : Analysis based on secondary data].

    Science.gov (United States)

    Kurch-Bek, Diana; Sundmacher, Leonie; Gallowitz, Christian; Tenckhoff, Bernhard

    2018-02-01

    According to the nursing statistics from 2014 a total of 2.6 million patients in Germany required nursing care of which 1.86 million received care at home and approximately 29 % (764,000 patients) received inpatient treatment exclusively in a nursing home. Reports on the number of long-term nursing care patients usually only include patients with a need of long-term care (according to § 14 German Social Code XI) confirmed by the statutory healthcare insurance. Currently, in Germany there is no nationwide report based on routine (billing) data estimating the number of patients in protective residential homes or institutions, nursing homes or homes for the elderly with nursing personnel (private institutions) based on routine data. This needs to be clarified. The present analysis was based on the nationwide ambulatory statutory healthcare insurance physician (ASHIP) authorized billing data from 2014. An estimation of the number of patients in nursing and retirement homes was made based on the medical services data. Morbidity and outpatient medical healthcare details were analyzed using methods for descriptive analyses. In 2014 a total of 525,863 patients in private nursing homes received ASHIP-authorized treatment, of which 173,233 were treated exclusively in nursing homes by ASHIP-authorized physicians and 352,630 patients were treated in nursing homes as well as in ASHIP-authorized practices. In the year under investigation approximately two thirds of the patients in nursing homes consulted ambulatory practices in addition to care in the nursing home. Nationwide ambulatory ASHIP billing data can substantially contribute to assessment of multimorbidities and provision of long-term healthcare by panel physicians for patients in nursing homes.

  20. Analysis of Institutional Artifact Cost in Management Control in a Textile Company

    Directory of Open Access Journals (Sweden)

    Rodrigo Barraco Marassi

    2014-08-01

    Full Text Available The present study aimed to analyze the process of institutionalization of artifacts in cost management control of Paraná company in the textile sector. For this, we developed descriptive, qualitative research with development of a case study conducted by semi-structured interviews, questionnaires and document analysis. The company under study was selected for accessibility and intentionally to be in the implementation phase of change in management control practices. Was structured semi-structured interviews and questionnaires based on Burns and Scapens (2000, Guerreiro et al. (2005 and Rock and Warrior (2010. The controller and an employee of the comptroller, as well as two officials involved in the supply of the information system were interviewed. The company seeks to implement new accounting and management reporting system that offers the best timing and management of costs and fixed and variable costs, cost centers, among others. The research results show that the encoding step was performed by the controller and by consulting the codified principles and institutional desires in routines, rules and regulations and so draft the proposed changes. The company has not adequately met some factors of institutionalization listed by Guerreiro et al. (2005, regarding training of the people involved, elements of repetition and perceived consequences of the implementation of change by people. By analyzing the case study and reflect the results with the lens of institutional theory, it follows that to obtain management information artifacts cost depends on appropriate processes for data collection, and even when using updated technologies, needs some several facts that this process becomes institutionalized, which may be better understood based on this lens.

  1. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

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

    Science.gov (United States)

    Marishet, Mohammed Hamza

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

  3. 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).

  4. DEVELOPING AN INSTITUTIONAL ANALYSIS FRAMEWORK IN STUDYING BUREAUCRATIC BEHAVIOUR IN GOVERNMENT AGENCIES FROM CENTRAL AND EASTERN EUROPE

    Directory of Open Access Journals (Sweden)

    ANDRADA-MARIA ALBESCU

    2011-04-01

    Full Text Available The aim of this paper is to develop a comprehensive institutional analysis framework in studying bureaucratic behaviour in government agencies. Although the purpose is to outline a general framework for research, the focus will be on taking into account the specifics of the agencification process in states from Central and Eastern Europe. The paper is divided into three sections. In the first section I compare various neoinstitutionalist approaches in terms of analysing the processes and transformations in the institutional environment concerning government agencies as semi-autonomous bodies in state organization. I argue that the approach which has a greater potential in explaining the processes and transformations in the institutional environment in government agencies is rational choice institutionalism. The second section of this paper is focused on presenting several traditional bureaucratic models in studying bureaucratic behaviour, from the traditional approach to public choice ones, in order to determine their possible contribution in analysing officials behaviour in semiautonomous agencies. Using these and the institutional analysis framework sugested in the first section of this paper I will focus on developing a model for studying bureaucratic behaviour in government agencies. The final section of the paper will be focused on the possibility of using the institutional analysis framework for studying bureaucratic behaviour in government agencies in Central and Eastern Europe and the challenges presented.

  5. Medical students' perceptions of a novel institutional incident reporting system : A thematic analysis.

    Science.gov (United States)

    Gordon, Morris; Parakh, Dillan

    2017-10-01

    Errors in healthcare are a major patient safety issue, with incident reporting a key solution. The incident reporting system has been integrated within a new medical curriculum, encouraging medical students to take part in this key safety process. The aim of this study was to describe the system and assess how students perceived the reporting system with regards to its role in enhancing safety. Employing a thematic analysis, this study used interviews with medical students at the end of the first year. Thematic indices were developed according to the information emerging from the data. Through open, axial and then selective stages of coding, an understanding of how the system was perceived was established. Analysis of the interview specified five core themes: (1) Aims of the incident reporting system; (2) internalized cognition of the system; (3) the impact of the reporting system; (4) threshold for reporting; (5) feedback on the systems operation. Selective analysis revealed three overriding findings: lack of error awareness and error wisdom as underpinned by key theoretical constructs, student support of the principle of safety, and perceptions of a blame culture. Students did not interpret reporting as a manner to support institutional learning and safety, rather many perceived it as a tool for a blame culture. The impact reporting had on students was unexpected and may give insight into how other undergraduates and early graduates interpret such a system. Future studies should aim to produce interventions that can support a reporting culture.

  6. A legal analysis in context

    African Journals Online (AJOL)

    SA CRIME QUARTERLY NO. 62 • DECEMBER 2017. * Jameelah Omar is a lecturer in the Public ... In June 2017 the Social Justice Coalition (SJC) challenged the constitutionality of the Regulation of Gatherings Act ..... (a name changed to the Minister of Justice post-1994). This may be viewed as a simple example, but it is ...

  7. A legal analysis in context

    African Journals Online (AJOL)

    17 Ashwin Desai, Neoliberalism and resistance in South Africa,. Monthly Review, 54:8, 2003, 16–28, 21. Desai uses the phrase 'community movements' as distinguished from political parties, non-governmental organisations, trade unions and other pressure groups. 18 Adam Habib, South Africa's suspended revolution: ...

  8. IMPORTANCE OF APPLYING DATA ENVELOPMENT ANALYSIS IN CASE OF HIGHER EDUCATIONAL INSTITUTIONS

    Directory of Open Access Journals (Sweden)

    Labas Istvan

    2015-07-01

    Full Text Available Today, the saying predominates better and better according to which a strong target rationalism has to characterize the higher educational institutions due to the scarce resources and the limitlessness of user demands. Now in Hungary, the funding of higher educational system goes through a total transformation thus the leadership has continuously to reckon with the changes of environment and, in tune with these ones, has to modify the goals existing already. Nowadays, it becomes more and more important to measure the effectiveness of the organizations – organizational units pursuing the same or similar activities relative to each other. Benchmarking helps this procedure. Benchmarking is none other than such a tool of analysis and planning which allows comparing the organizations with the best of the competitors. Applying the method with regard to the higher educational institutions is really nothing but a procedure which focuses on comparing processes and results of the institutions’ different functional areas in order to bring to light the opportunities for the rationality as well as the quality and performance improvement. Those benefits could be managed and used as breakthrough possibilities which have been already developed/applied by other organizations and are given by the way leading to a more effective management.The main goal of my monograph is to show a kind of application of Data Envelopment Analysis (DEA method in the higher education. DEA itself is a performance measuring methodology which is a part of benchmarking and uses the linear programming as a method. By means of its application, the effectiveness of different decision-making units can be compared numerically. In our forcefully varying environment, the managerial decision making can be largely supported in each case by such information that is numerically able to identify which organizational units and activities are effective or less effective. Its advantage is that

  9. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    Nicky

    Fourthly, the institutional framework for establishing research priorities and regulation of ethical review is being strengthened with the establishment of new institutions such as the National. Health Research Ethics Committee. The South African ethical-legal framework and its implications for adolescent HIV vaccine trials ...

  10. Institutional Determinants of New Firm Entry in Russia: A Cross Regional Analysis

    OpenAIRE

    R. L. Bruno; M. Bytchkova; S. Estrin

    2008-01-01

    We analyse a three-year panel data set of Russian firms spanning from 2000 to 2002 and we investigate the effect of regional institutional and economic factors on entry rates across time, industries and regions. The paper builds on a novel database and exploits inter-regional variation in a large number of institutional variables. We find entry rates in Russia are not especially low by international standards and are correlated with natural entry rates, institutions and firm size. Furtherm...

  11. Parallel problems: Applying institutional corruption analysis of Congress to big pharma.

    Science.gov (United States)

    Fields, Gregg

    2013-01-01

    Dennis Thompson and Lawrence Lessig are leading thinkers in the realm of institutional corruption, the notion that inappropriate dependencies and conflicts of interest undercut the ethical foundations of institutions on which society relies. Both are particularly known for their work on institutional corruption as it affects government and politics. This essay examines the applicability of their writing to the private sector, particularly as it relates to vital and influential industries like pharmaceuticals. © 2013 American Society of Law, Medicine & Ethics, Inc.

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

    Science.gov (United States)

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

    2006-01-01

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

  13. A Single-Institution Analysis of 126 Patients Treated with Stereotactic Radiosurgery for Brain Metastases

    Directory of Open Access Journals (Sweden)

    Kevin B. Harris

    2017-05-01

    Full Text Available BackgroundThe objective of this study was to report our institutional experience with Gamma Knife® Radiosurgery (GKRS in the treatment of patients with brain metastases.MethodsRetrospectively collected demographic and clinical data on 126 patients with intracranial metastases were reviewed. The patients in our study underwent GKRS at Vidant Medical Center between 2009 and 2014. Kaplan–Meier curves were used to compare survival based on clinical characteristics for univariate analysis, and a Cox proportional hazards model was used for multivariate analysis.ResultsThe median age of the patient population was 62 years. Medicare patients constituted 51% of our patient cohort and Medicaid patients 15%. The most common tumor histologies were non-small cell lung cancer (50%, breast cancer (12.7%, and melanoma (11.9%. The median overall survival time for all patients was 5.8 months. Patients with breast cancer had the longest median survival time of 9.15 months, while patients with melanoma had the shortest median survival time of 2.86 months. On univariate analysis, the following factors were predictors for improved overall survival, ECOG score 0 or 1 vs. 2 or greater (17.0 vs. 1.8 months, p < 0.001, controlled extracranial disease vs. progressive extracranial disease (17.4 vs. 4.6 months, p = 0.0001, recursive partitioning analysis Stage I vs. II–III (18.2 vs. 6.2 months, p < 0.007, multiple GKRS treatments (p = 0.002, prior brain metastasectomy (p = 0.012, and prior chemotherapy (p = 0.021. Age, ethnicity, gender, previous external beam radiation therapy, number of brain metastases, and hemorrhagic vs. non-hemorrhagic tumors were not predictors of longer median survival time. Number of metastatic brain lesions of 1–3 vs. ≥4 (p = 0.051 and insurance status of Medicare/Medicaid vs. commercial insurance approached significance (13.7 vs. 6.8 months, p = 0.08. On multivariate analysis, ECOG

  14. Good Institutions and Fair Trade : A Road Map to Local and Global Social Harmony

    NARCIS (Netherlands)

    D. Mamoon (Dawood)

    2007-01-01

    textabstractThe paper examines how legal, economic, political and social institutions fare with different measures of inequality in a cross section framework. We differentiate between institutions based on four categories which are legal, economic, political and social. Among legal institutions,

  15. Legal System as a Determinant of Economic Performance: Factual Records in Romania

    Directory of Open Access Journals (Sweden)

    Clipa Raluca Irina

    2012-05-01

    Full Text Available The role of the legal system in generating economic performance is enjoying increased attention inliterature. Our scientific endeavour tries to underline, from an original perspective, the incoherence whichcharacterises the Romanian law and judicial system; at the same time, it also offers a few solutions meant torestore and reconsider the role of public institutions in the legislative and judicial process. Considering thefacts presented in our study, the existence of efficient legal institutions, who enforce contracts ex post whileusing the judicial infrastructure (courts and judicial procedures, is more than critical for the formation of anagreement of will between contracting parties, thus generating economic performance for privateorganisations by reducing transaction costs and by limiting the opportunism of economic agents. Equity,predictability, transparency and reduced costs are advantages deriving from the legal enforcement ofcontracts, which stimulate competition and trade, while reducing the risks associated with different types oftransactions. Thus, it is necessary to implement an anti-corruption policy, to enhance the predictability of thelaw-making process, to reconsider and restore the attributions of institutions involved in the Romanianlegislative and judiciary process, in order to promote proper civil and commercial judicial procedures,together with the analysis of the possibility to acknowledge jurisprudence as a source of law.

  16. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  17. Analysis of legal arrangements concerning the control and monitoring of the contamination of soils, food products and commercial products in Belarus

    International Nuclear Information System (INIS)

    Bataille, C.; Crouail, P.

    2005-01-01

    After having recalled the management of emergency from April to May 1986, this report describes some aspects of the post-accident management in Soviet Union from June 1986 to 1991: dose limits and zoning, farming practices, consumption standards, commercialization standards. It describes the legal context implemented in Belarus from 1991 (two laws addressed the legal status of contaminated areas and the protection of people affected by the Chernobyl accident), and the evolutions since 1991 in terms of soil contamination and zoning, consumption and commercialization standards

  18. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  19. National University Extension Policy: analysis of the experience of the Institute of Health Sciences of UFPA

    Directory of Open Access Journals (Sweden)

    Durbens Martins Nascimento

    2017-11-01

    Full Text Available The current study purpose refers to the university extension, addressing the concepts of university, organization, knowledge andextension. We sought to answer the following question: Does the outcome that has been generated through projects on extension practices developed by ICS/UFPA actually fulfill the guidelines of the National University Extension Policy? The pursued objective consisted in a general analysisof the extension practices of the Institute of Health Sciences (ICS at the Federal University of Pará (UFPA in the light of the National University Extension Policy (NUEP, comprehending dialogical interaction, interdisciplinary and interprofessionalism, teaching-research-extension inseparability, impact on student training, and impact and social transformation envisaged within the Policy Extension of UFPA. The research methodology comprehended a quantitative and qualitative approach supported by bibliographic and documentary supply. It was consulted the collection of various documents, given more evidence to those focused on the university extension in 2012, contained into several instances of UFPA. A number of 80 projects and 60 reports of extension of ICS were selected for analysis in the year 2012. The results revealed that the guidelines of PNEU fell far short of being reached by the ICS products, when it came to interdisciplinarity and interprofessionalism, teaching-research-extension inseparability, and impact and social transformation. Furthermore, there was little participation by teachers, students and administrative technicians of ICS in such activity. It was concluded that the extension model of ICS consists is a welfare model, developed through service provision.

  20. Auditing hospital bills: an analysis of the main reasons of glosses in a private institution

    Directory of Open Access Journals (Sweden)

    Marinaldo Pereira dos Santos

    2013-12-01

    Objective: costs auditing is considered fundamental for the survival of health institutions. Thus, this article aims to investigate the reasons for glosses which occurred in a hospital in São Paulo, capital. Methods: data survey included the glosses identified from its resources, along with a health care operator. Results and Discussion: nine hundred and twenty-one glossed items were found in the analyzed resources, whose total value was of R$173,603.36. Ninety-one percent of the resources concern administrative glosses and 9% concern technical glosses. As for the value appealed, around 22% are accepted. Final results reveal that 75% of the glosses can be avoided. Conclusion: most of the reasons for the glosses analyzed concern failures in the patient-care, administrative and paying resources areas. In order to obtain a successful result, it is necessary that the manager perform a critical analysis of the reasons for glosses, thus making people aware of the problems caused by glossing and developing action plans for solving them