WorldWideScience

Sample records for legal interests solution

  1. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

  2. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  3. 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.

  4. Managing Environmental Interests: Decision Patterns within the Italian Legal System

    International Nuclear Information System (INIS)

    Fracchia, F.

    2008-01-01

    The article deals with the main patterns established by the Italian legal system with respect to the decisions regarding environmental issues. After outlining the most important theories related to the problem of the juridical definition of the environment, as well as the constitutional context, which assigns the environmental protection to the competence of the State, the analysis singles out five different models. The first one is the result of the application of the environmental principles established by the European sources and enforced by the Italian Law; in this regard, in particular, the precautionary principle interferes with the usual way through which the Public Entities take their final decisions. The second pattern embodies the idea according to which the environment is a prominent value, capable of prevailing over other values and interests. The third one, starting from the same assertion (the environmental interest must win), adds that it must only be assessed by technical bodies with a specific competence. The fourth model is based upon the premise that the environmental proceedings cannot be simplified, so that some legal tools such as 'Conferenza di Servizi', silence and so on, cannot be applied in this field. The last pattern considers the possibility for Bodies different from the State (such as the Regions) to regulate the environmental issues, thus introducing stricter levels of protection of the environment. The article underlines that the size of this competence strictly depends on the notion of protection of the environment that is used (in any case, the Constitutional Court, since the fundamental decision n. 407 of 26 July 2002, considering the environment as a sort of transversal matter, has ruled that important room for regional legislative power does exist). Very often there is a sort of subsidiarity, since in the first place the technical bodies have the competence to take care of the environmental interest, while the bureaucracy or the

  5. 45 CFR 211.4 - Notification to legal guardian, spouse, next of kin, or interested persons.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Notification to legal guardian, spouse, next of..., RETURNED FROM FOREIGN COUNTRIES § 211.4 Notification to legal guardian, spouse, next of kin, or interested... (or in advance thereof, if possible), provide for notification of his legal guardian, or in the...

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

    OpenAIRE

    Palokangas, Tapio

    2008-01-01

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

  7. Assessing Performance of Three BIM-Based Views of Buildings for Communication and Management of Vertically Stratified Legal Interests

    Directory of Open Access Journals (Sweden)

    Behnam Atazadeh

    2017-07-01

    Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.

  8. Orbital Debris: Technical and Legal Issues and Solutions

    Science.gov (United States)

    2006-08-01

    legal, political, and economic consequences of orbital debris are described. The current technical and legal controls on the creation of debris...well as quantification of the level of risk posed by it. Part III catalogs some of the many technical, legal, political, and economic consequences...magnetic field and concentrate in two doughnut -shaped (torus) areas around the equator; these regions are called the Van Allen radiation belts.20 The

  9. The clash of legal cultures over the ‘best interests of the child’ principle in cases of international parental child abduction

    Directory of Open Access Journals (Sweden)

    Wibo van Rossum

    2010-06-01

    Full Text Available Because of the increase in international love traffic, transnational problems in divorce, maintenance issues, visitation rights, custody over children, and cases of child abduction are here to stay. A clash of cultures is obvious in international child abduction cases in which Islamic legal cultures are involved, because ‘the best interests of the child’ principle as mentioned in several treaties functions as a site of struggle. This paper shows, firstly, in what ways the clash manifests itself by describing abduction cases in which Dutch legal professionals become involved, and how they act in such cases. The second part of the paper takes a look underneath the surface of legal practice in order to better understand it and to trace possible future developments. I describe the developments in the Dutch legal profession, such as how legal professionals keep their ‘cultural knowledge’ up to date, and whether they develop alternative ways to deal with culture clashes in child abduction cases. Developments seem to be haphazard and piecemeal in the form of knowledge and network development, court-annexed mediation, and specialized liaison judges. These developments do lead to a broadening of horizons, but not necessarily to a consensus handshake between legal cultures. A solid ‘stalemate’ in actual abduction cases can usually be prevented because Dutch legal professionals search for pragmatic solutions in individual cases.

  10. Policy making on data exclusivity in the European Union: from industrial interests to legal realities.

    Science.gov (United States)

    Adamini, Sandra; Maarse, Hans; Versluis, Esther; Light, Donald W

    2009-12-01

    After lengthening the duration of patents to twenty years in 1984, the pharmaceutical industry has turned to data exclusivity as a major vehicle for extending market protection, even after patents expire. Such protections give companies the power to tax consumers for innovation by charging above-market prices. This article draws upon unique information to describe how key actors lengthened data exclusivity for patented drugs to postpone generic competition in the European Union (EU) just before ten new members joined it. We explore the political route and the interests of different actors to understand the process by which industrial interests are translated into legal realities in the world's largest harmonized market. Several factors influenced the outcome, including the role of the pharmaceutical unit of the Directorate General for Enterprise of the European Commission in promoting the interests of the innovative branch of the industry, the time pressure to find a viable compromise before EU enlargement, and the heterogeneous preferences of the other actors. The case illustrates the inherent tension between the desire of both health care administrators and patients for high-quality, low-cost medicines and the objective of the innovator pharmaceutical industry to find and approve new drugs that are price protected and sell them in a way that maximizes revenues.

  11. Tacit Authorization : A Legal Solution for Administrative Silence

    NARCIS (Netherlands)

    Hoogstra, Nicole; de Graaf, K.J.

    2016-01-01

    This article discusses one of the current legal instruments to stimulate timely decision-making by administrative authorities, namely the ‘Lex silencio positivo’ or the ‘Silence is Consent’ rule. Tacit authorization prescribes that the license sought by the applicant will be granted automatically if

  12. Legal protection against a lack of grounds in administrative judgements concerning public interests

    International Nuclear Information System (INIS)

    Schmidt, W.

    1976-01-01

    Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de

  13. Aquaponics business in Europe: some legal obstacles and solutions

    Directory of Open Access Journals (Sweden)

    Agnes Joly

    2015-11-01

    Full Text Available The authors gathered information on perceived impact of current legislation on entrepreneurial possibilities in developing commercial aquaponics in Europe. The paper highlights the detected obstacles, and the solutions developed to address the legislative issues. Three main issues outlined are: administration, environment, and safety.

  14. Aquaponics business in Europe: some legal obstacles and solutions

    OpenAIRE

    Agnes Joly; Ranka Junge; Tamas Bardocz

    2015-01-01

    The authors gathered information on perceived impact of current legislation on entrepreneurial possibilities in developing commercial aquaponics in Europe. The paper highlights the detected obstacles, and the solutions developed to address the legislative issues. Three main issues outlined are: administration, environment, and safety.

  15. Corruption in Nigeria: A call for an aggressive legal solution | Imam ...

    African Journals Online (AJOL)

    ... in political, the processes and other sectors like industries, banks, government establishments/institutions, law enforcement and judicial system, legislative assemblies, that is to say in both private and public sectors etc.1 This article will proffer aggressive legal solution as a panacea to this hydra-headed cankerworm.

  16. [The notion of conflict of interest in the field of health and environment: philosophical and legal approaches].

    Science.gov (United States)

    Hermitte, M-A; Le Coz, P

    2014-06-01

    This paper considers the conflict of interest in philosophical and legal perspective. The philosophical approach comes from two perspectives: political philosophy focuses on the role of the link of interest in the city considered in the light of a broader reflection on the conditions of living together. Antiquity philosophers have enhanced the interest link as privileged vector of humanization and socialization of individuals. In the eighteenth century, Adam Smith considers the pursuit of individual interests a stronger social base that love of neighbor advocated by Christians. Moral philosophy focuses specifically on the passage of interest linked to the conflict of interest. It wondered if we should be impartial in all circumstances or whether it's right to give priority to our friends and loved ones. Thus, it poses the question of whether introspection is sufficient to detect conflicts of interest or if the look of an external third party is still required. The legal process differs from the philosophical approach at two levels; on the one hand, its scope is more limited: the law doesn't envisage the benefits of links of interest on social life even though it may protect some of them (in the context of the family, for example) and is intended to prevent bias that may taint the decision public. On the other hand, the lawyer doesn't enter the interiority of individuals but stands by what appears on the outside: it tracks the suspicion of bias can have serious impacts, such as health and the environment. Somehow, it is more radical. It's noteworthy that despite its many developments, the law can't to stop conflicts of interest in research. Several reasons account for this impasse: scientists receive mission to partner with industry to develop products but they must remain independent in order to assess the risks; there is a tendency to always choose the same experts; there are conflicts of interest intellectuals which are not easy to detect.

  17. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

    ... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative...

  18. Genetic Testing between Private and Public Interests: Some Legal and Ethical Reflections.

    Science.gov (United States)

    Sándor, Judit

    2018-01-01

    In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.

  19. Genetic Testing between Private and Public Interests: Some Legal and Ethical Reflections

    Directory of Open Access Journals (Sweden)

    Judit Sándor

    2018-01-01

    Full Text Available In Europe, there is a wide variety of genetic tests that various private companies offer to patients or to consumers. More and more people have become curious about their genetic predisposition and susceptibility. Most public health-care systems, however, are not adequately prepared for responding to these new demands and to the results of these genetic tests as, quite often, there is no available therapy for the identified genetic condition. This discrepancy between the newly emerging expectations and the insufficient responses contributes to a further rift between the public and private sectors of health care. Individual genetic test results may also trigger the need for personalized medicine and may open up a competition between the two fields in offering further genetic tests and medical exams. Pro-active patients may need a different kind of information on genetic tests and their implications. In this context, how should the public health system deal with the challenges of private testing? Will private genetic testing transform health care from a solidarity-based system to an individualistic one? In this paper, I would like to explore the emerging legal and ethical issues related to genetic testing and the relevant legal framework that has developed so far. In the conclusion, I will examine the possibilities of further legal development.

  20. International legal problems of topical interest concerning the peaceful navigation of nuclear ships

    International Nuclear Information System (INIS)

    Bernhardt, R.; Rudolf, W.

    1975-01-01

    The lack of internationally accepted laws on the operation of nuclear ships has proved so far perhaps a more serious obstacle to further development than the problems of a technical-economic kind, although international law by no means that inadequate that it could not, at least basically, do justice to the peaceful navigation of nuclear ships. The unsatisfactory legal situation has been caused in the first place by the conduct of the majority of states which, out of fear of the risks of nuclear ships, also questioned those articles of international maritime law which had been undisputed up to then. This goes in particular for the SOLAS convention, the principles of the peaceful crossing of territorial waters and of calling at ports. On the other hand, it ought to be pointed out, too, that the states obviously do not assume that the operation of nuclear ships is using the sea inadmissably under international law. One could see this as a continuation of the strict Trail-Smelter-doctrine which forbids states to allow activities which might have harmful effects on other national territories. There is no doubt, that the uses of nuclear energy belong to these dangerous activites. At the same time, they are accepted under international law, provided that they are supervised legally and provided that appropriate liability arrangments under civil law are at hand. This is the starting point for over coming the legal difficulties in the peaceful navigation of nuclear ships: it is to be treated as a matter of urgency to elaborate and to put into force comprehensive international conventions for the licensing and supervision of nuclear ships and concerning liablilty under civil law of the operators of nuclear ships. The required freedom in the navigation of nuclaer ships can only be achieved by further reglementation under maritime law. (orig./LN) [de

  1. Conflicts of interest in medical research: how much conflict should exceed legal boundaries?

    Science.gov (United States)

    Klanica, Kaley

    2005-01-01

    This article addresses the current plague of financially conflicted research from various perspectives including the research community, the medical community, patients/subjects, the Food and Drug Administration (F.D.A.), and other government agencies. Part one lays out the current conflicts of interest within medical research. Part two explains the actual and potential effects of these conflicts, highlighting the conflict of interest associated with the death of Jesse Gelsinger. Part three describes how conflicts of interest are currently regulated by government agencies and within individual institutions. Lastly, part four concludes by recommending a system of seven balanced reform measures that protect research subjects and the scientific integrity of medical research while encouraging scientific progress.

  2. Conflicts of interests and access to information resulting from biomedical research: an international legal perspective.

    Science.gov (United States)

    Byk, Christian

    2002-07-01

    Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

  3. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  4. Legal problems relating to possible conflicts between physical protection and the interests of employees

    International Nuclear Information System (INIS)

    Mueller, H.

    1981-10-01

    This paper places in a social context the physical protection measures which have become increasingly important for the operation of nuclear installations and describes the way such measures affect the rights of the personnel concerned. It reviews possible areas of conflict between safeguarding national interests (non-proliferation issues and international obligations of the Federal Republic of Germany) and the personal rights of employees. (NEA) [fr

  5. Bargaining for Equality. A Guide to Legal and Collective Bargaining Solutions for Workplace Problems that Particularly Affect Women.

    Science.gov (United States)

    Popkin, Mary; Ross, Diane

    This is a guide to legal and collective bargaining solutions for workplace problems that particularly affect women. The first section of the guide presents a survey of legal remedies for discrimination including information on: (1) Title VII; (2) Equal Pay Act; (3) Executive Order 11246; (4) Age Discrimination in Employment Act; and (5) State Fair…

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

    Directory of Open Access Journals (Sweden)

    Dudaš Atila I.

    2016-01-01

    Full Text Available The economic crisis spread in 2008 through the world and reached Serbia, rendered the repayment of banking loans indexed in foreign currencies, mostly in CHF at the time, even more difficult. The growing number of non-performing loans inevitably led to an increase in number of the court proceedings in which the debtors made attempts to have the loan contracts declared null and void. In these proceedings, the courts needed to take a stand on some typical clauses in loan contracts and on some banking practices that the debtors considered to be contrary to the principle of good faith, which, before the crisis, was hardly ever given judicial epilogue. In the majority of cases, two types of clauses proved to be unlawful: a clause establishing a right of the bank to subsequently, i.e. after the formation of the contract, and unilaterally, i.e. without a specific consent of the debtor, change (regularly increase the interest rate for the remainder of the credit period; and a clause establishing the right of the bank to apply different exchange rates, i.e. the buying rate to the disbursement of the loan, and the selling rate to the value of credit installments. These clauses certainly existed even before the crisis, but the difficulties in performing the loans caused by the crisis was the social propelling force that brought these cases within the sight of the judiciary. In this paper the author analyzes the reaction of courts, and subsequently that of the legislator, to the clause in loan contracts entitling the bank to unilaterally increase the variable interest rate after the formation of contract. The application of this clause was usually conditioned on significant changes in international financial markets or changes in the costs of the sources of financing, while in some cases the conditions of the application of the clause were simply changes in the business policy of the bank or the need to operate with profit. In any case, these are

  7. Recognizing a fundamental liberty interest protecting the right to die: an analysis of statutes which criminalize or legalize physician-assisted suicide.

    Science.gov (United States)

    Tarnow, W J

    1996-01-01

    Physician-assisted suicide is one of the most controversial issues in society today. We live in an age where medical technology has developed so fast and so far that those who would have swiftly succumbed to deadly diseases in the not too distant past are now living, or, rather, being kept alive long past the point of meaningful existence. Although everyone sympathizes with the painful plight of the terminally ill, the specter of physician-assisted suicide gives many pause, and rightfully so: one need only think of the carbon monoxide contraption in the back of Dr. Death's infamous van to realize that society must address the issue of the right to die. Is there any solution to this great debate? In this note, Mr. William Tarnow passionately answers in the affirmative. Mr. Tarnow analyzes the constitutionality of state statutes which either criminalize or legalize physician-assisted suicide under both the Due Process and Equal Protection Clauses of the Constitution of the United States. The note also considers the case law, largely from the federal Ninth Circuit Court of Appeals, invalidating and upholding such statutes under the Constitution. Arguing that there is indeed a constitutional liberty interest in physician-assisted suicide, Mr. Tarnow concludes by suggesting that state legislatures can and must create legislation that legalizes physician-assisted suicide and passes constitutional muster.

  8. Technical and legal considerations and solutions in the area of battery charging for electric vehicles

    Science.gov (United States)

    Juda, Z.

    2016-09-01

    The issue of protecting health of residents of urbanized areas from the effect of excessive particulate matter and toxic components of car exhaust gases imposes the need of introduction of clean electric vehicles to the market. The increasing market availability of electric vehicles, especially in the segment of short-range (neighborhood) vehicles is followed by development of new and advanced infrastructure solutions. This also applies to the increasingly popular hybrid vehicles PHEV (Plug-in Hybrid Electric Vehicles). However, problems with the existing designs are primarily associated with limited driving range on a single battery charge, the density of charging stations in urban and suburban area, energy system efficiency due to increased electricity demand and the unification of solutions for charging stations, on-board chargers and the necessary accessories. Technical solutions are dependent on many factors, including the type and size of battery in the vehicle and access to power grid with increased load capacity. The article discusses the legal and technical actions outlined in the above directions. It shows the available and planned solutions in this area.

  9. Large-scale Water-related Innovative Renewable Energy Projects and the Water Framework Directive : Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    2017-01-01

    This article discusses two legal issues that relate to the conflict between the interest of protecting water quality under the Water Framework Directive (WFD), versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  10. Large-scale Water-related Innovative Renewable Energy Projects and the Habitats and Birds Directives: Legal Issues and Solutions

    NARCIS (Netherlands)

    van Hees, S.R.W.

    This article discusses two legal issues that relate to the conflict between the interest of protecting habitats and species under the Habitats and Birds Directives, versus the interest of promoting the use of innovative water-related renewable energy, with regard to the quota in the Renewable Energy

  11. Contracting in the national interest: Establishing the legal framework for the interaction of science, government, and industry at a nuclear weapons laboratory

    Energy Technology Data Exchange (ETDEWEB)

    Furman, N.S.

    1988-04-01

    Sandia National Laboratories, the nation's nuclear ordnance laboratory, is operated on a no-profit, no-fee basis by ATandT Technologies, Inc., as a prime contractor for the Department of Energy. This unique arrangement began in 1949 when President Harry Truman personally requested that ATandT assume management of the nuclear weapons laboratory as a service in the national interest. The story of how this unusual relationship came about makes for an interesting chapter in the annals of US legal and institutional history. This report describes the historical background, political negotiations, and prime contract provisos that established the legal framework for the Labs.

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

    Directory of Open Access Journals (Sweden)

    Fabrício Bertini Pasquot Polido

    2017-05-01

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

  13. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  14. National Interests and Common Ground in the US Immigration Debate: How to Legalize the US Immigration System and Permanently Reduce Its Undocumented Population

    Directory of Open Access Journals (Sweden)

    Donald Kerwin

    2017-04-01

    Full Text Available The conventional wisdom holds that the only point of consensus in the fractious US immigration debate is that the system is broken. Yet, the US public has consistently expressed a desire for a legal and orderly immigration system that serves compelling national interests. This paper describes how to create such a system. It focuses on the cornerstone of immigration reform,[1] the legal immigration system,[2] and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population. The paper begins with an analysis of presidential signing statements on seminal immigration legislation over nearly a century. These statements reveal broad consensus on the interests and values that the United States seeks to advance through its immigration and refugee policies. They constitute additional common ground in the immigration debate. To serve these interests, immigration and refugee considerations must be “mainstreamed” into other policy processes. In addition, its policies will be more successful if they are seen to benefit or, at least, not to discriminate against migrant-sending states.   Not surprisingly, the US immigration system does not reflect the vast, mostly unanticipated changes in the nation and the world since Congress last meaningfully reformed this system (27 years ago and last overhauled the law (52 years ago. The paper does not detail the well-documented ways that US immigration laws fall short of serving the nation’s economic, family, humanitarian, and rule of law objectives. Nor does it propose specific changes in categories and levels of admission. Rather, it describes how a legal immigration system might be broadly structured to deliver on its promises. In particular, it makes the case that Congress should create a flexible system that serves compelling national interests, allows for real time adjustments in admission based on evidence and independent

  15. Is Transracial Adoption in the Best Interests of Ethnic Minority Children?: Questions Concerning Legal and Scientific Interpretations of a Child's Best Interests.

    Science.gov (United States)

    Park, Shelley M.; Green, Cheryl Evans

    2000-01-01

    Examines empirical studies purporting to demonstrate that transracial adoption may positively benefit children of color, particularly Black children. Argues that several methodological difficulties exist in these studies, and describes the Eurocentric bias of legal and scientific assessments of children's well-being and adjustment. (JPB)

  16. 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.

  17. Enhancing Social Responsibility within Global Supply Chains: Is Legal Regulation the Optimal Solution?

    Directory of Open Access Journals (Sweden)

    Katerina Peterková

    2011-03-01

    Full Text Available This paper was presented at the first meeting of the NSU study group “Conceptions of ethical and social values in post-secular society: Towards a new ethical imagination in a cosmopolitan world society”, held on January 28-30, 2011 at Copenhagen Business School. First, this paper examines the voluntary (ethical v. mandatory (legal basis of corporate social responsibility (CSR. Second, it examines the relationship between CSR, law and business ethics. Third, it tries to answer the question if there is a need for a hard[2] legal regulation of CSR within international supply relationships or if ethical norms, e.g. expressed in the form of self-regulation, may better serve the purpose. And finally, it suggests possible ways for the future development of suitable regulatory methods for enhancing social standards within international supply chains. The questions are approached solely from the perspectives of legal theory and socio-legal analysis.

  18. Aeroderivative Pratt & Whitney FT8-3 gas turbine – an interesting solution for power generation

    Directory of Open Access Journals (Sweden)

    Sorinel-Gicu TALIF

    2011-03-01

    Full Text Available The intermediate load electric power stations become more and more interesting for theelectric power market in Romania. In this context, the Combined Cycle Power Plants came as a veryattractive solution. This paper presents the results of a study regarding the use of the aeroderivativePratt & Whitney FT8-3 gas turbine, available in Romania, for the electric power generation in aCombined Cycle Power Plant. It is also analyzed the Combined Heat in Power generation with FT8-3gas turbine when saturated steam or hot water are required.

  19. Reducing the Density and Number of Tobacco Retailers: Policy Solutions and Legal Issues.

    Science.gov (United States)

    Ackerman, Amy; Etow, Alexis; Bartel, Sara; Ribisl, Kurt M

    2017-02-01

    Because higher density of tobacco retailers is associated with greater tobacco use, U.S. communities seek ways to reduce the density and number of tobacco retailers. This approach can reduce the concentration of tobacco retailers in poorer communities, limit youth exposure to tobacco advertising, and prevent misleading associations between tobacco and health messaging. Communities can reduce the density and number of tobacco retailers by imposing minimum distance requirements between existing retailers, capping the number of retailers in a given geographic area, establishing a maximum number of retailers proportional to population size, and prohibiting sales at certain types of establishments, such as pharmacies, or within a certain distance of locations serving youth. Local governments use direct regulation, licensing, or zoning laws to enact these changes. We analyze each approach under U.S. constitutional law to assist communities in selecting and implementing one or more of these methods. There are few published legal opinions that address these strategies in the context of tobacco control. But potential constitutional challenges include violations of the Takings Clause of the Fifth Amendment, which protects property owners from onerous government regulations, and under the Fourteenth Amendment's Equal Protection and Due Process Clauses, which protect business owners from arbitrary or unreasonable regulations that do not further a legitimate government interest. Because there is an evidentiary basis linking the density of tobacco retailers to smoking rates in a community, courts are likely to reject constitutional challenges to carefully crafted laws that reduce the number of tobacco retailers. Our review of the relevant constitutional issues confirms that local governments have the authority to utilize laws and policies to reduce the density and number of tobacco retailers in their communities, given existing public health data. The analysis guides policy

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

    NARCIS (Netherlands)

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

    2015-01-01

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

  1. Legal applications of the "best interest of the child" standard: judicial rationalization or a measure of institutional competence?

    Science.gov (United States)

    Carbone, June

    2014-10-01

    This article explores the use of the best interest standard in the context of third-party interventions in ongoing parent-child relationships. I start by examining the history of the best interest standard and show that it has had different meanings in different eras. I then address the nature of the family and the question of whether interests beyond those addressed in the child's best interest standard are a legitimate part of family decision-making. I conclude that ongoing families are entitled to at least a measure of deference in their decisions about their children. Third-party interventions, such as those of doctors or judges, should require something more than simply a difference of opinion about where the child's interests lie. Copyright © 2014 by the American Academy of Pediatrics.

  2. Responding to violence against women: social science contributions to legal solutions.

    Science.gov (United States)

    Portwood, Sharon G; Heany, Julia Finkel

    2007-01-01

    Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

  3. Air turbine - an interesting solution for straw energy conversion into electricity

    Science.gov (United States)

    Bălănescu, D. T.; Homutescu, V. M.; Atanasiu, M. V.

    2016-08-01

    Straw is a non-hazardous by-product of crop plants processing. Currently, it represent one of the most important biomass resource. The huge quantities of straw annually produced generate big problems in what concerns their disposal. The traditional field burning is no longer accepted, so another disposal solutions must be found and recycling is the most attractive. The paper refers to such a solution consisting in the conversion of the straw energy potential into electricity in a power plant based on an air turbine. This power system it is in fact an external combustion engine, derived from a gas turbine engine and operating with air as working fluid instead of combustion gases. In order to make possible the use of straw as fuel, the conventional combustion chamber is substituted by a hot air generator. Schematic of this power system and the results of its energetic analysis are presented in the paper. There are analysed the main performance indicators, namely thermal efficiency, output power, fuel consumption and specific fuel consumption. The results of the study indicate the analysed power system as an interesting solution for straw recycling.

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

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

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

  5. REDDuced: From sustainability to legality to units of carbon—The search for common interests in international forest governance

    International Nuclear Information System (INIS)

    McDermott, Constance L.

    2014-01-01

    Highlights: ► Global forest governance has narrowed in focus from sustainability to carbon. ► Translating forests into carbon units creates an appearance of global transparency. ► Controversial environmental and social concerns have been reframed as “safeguards”. ► Resulting in a proliferation of safeguarding initiatives and new complexities. ► Hence flows of information increase but fail to facilitate global coordination. -- Abstract: This paper examines the institutional history of international forest governance, from the emergence of global intergovernmental forestry forums, to non-state market-based certification schemes, to regional illegal logging initiatives, to Reducing Emissions from Deforestation and Degradation and forest enhancement (REDD+) under the UNFCCC. It observes how the early initiatives were criticised for their failure to achieve coordinated and widespread action on forest conservation due to a lack of economic incentives and conflict over environmental and social priorities. This failure has been proceeded by a narrowing of core focus across each successive institution—from sustainability to legality to units of carbon—thereby transforming forest conservation into an increasingly legible and tradable commodity. Indeed, a wide range of environmental, economic and social actors appear to share the goal of making forest management more globally legible. This narrowing of focus, however, has served to displace rather than resolve a large array of environmental and social conflicts. The issues have been displaced across both space and time, generating a growing plethora of institutions involved in defining REDD+ modalities and “safeguards”, including various UN bodies and programmes, international development banks, private certification schemes and national and subnational governments. Meanwhile there is little evidence of whether, where and how these efforts might affect forest change. In fact, the largest impact of REDD

  6. The realistic dilemma of environmental interest subject of legal responsibility—Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    As the important environmental interests subject, enterprises, public and government should assume the corresponding responsibility of pollution control and environmental protection. However, in the aspect of environment, there are failure existing in performing government responsibility, the financial expense and investment our government has participated in the aspects of pollution control and environmental protection are serious insufficient. In the meantime, in spite of the clear definition of the range and principles of enterprises’ environmental responsibility according to some corresponding law documents, in view of our country’s condition, enterprises always fail to assume their own environmental responsibility, and there are cases existing in pollution control and environmental protection that the investment is insufficient and the treatment effect is not obvious. In addition, it is especially outstanding in our country that the awareness of public environmental rights is pretty weak. The issues of ecological damage and environmental pollution get worse and worse and the total environmental interests get injured seriously because of the failure and vacancy of environmental responsibility of different subjects of right.

  7. Criminal Prohibition of Wrongful Re‑identification: Legal Solution or Minefield for Big Data?

    Science.gov (United States)

    Phillips, Mark; Dove, Edward S; Knoppers, Bartha M

    2017-12-01

    The collapse of confidence in anonymization (sometimes also known as de-identification) as a robust approach for preserving the privacy of personal data has incited an outpouring of new approaches that aim to fill the resulting trifecta of technical, organizational, and regulatory privacy gaps left in its wake. In the latter category, and in large part due to the growth of Big Data-driven biomedical research, falls a growing chorus of calls for criminal and penal offences to sanction wrongful re-identification of "anonymized" data. This chorus cuts across the fault lines of polarized privacy law scholarship that at times seems to advocate privacy protection at the expense of Big Data research or vice versa. Focusing on Big Data in the context of biomedicine, this article surveys the approaches that criminal or penal law might take toward wrongful re-identification of health data. It contextualizes the strategies within their respective legal regimes as well as in relation to emerging privacy debates focusing on personal data use and data linkage and assesses the relative merit of criminalization. We conclude that this approach suffers from several flaws and that alternative social and legal strategies to deter wrongful re-identification may be preferable.

  8. The legal regime for moon resource utilization and comparable solutions adopted for deep seabed activities

    Science.gov (United States)

    Viikari, L. E.

    2003-06-01

    The Moon and the deep seabed (including their natural resources) are the only environs in international law explicitly proclaimed as the common heritage of mankind. This would seem to necessitate a specific approach to the utilization of their natural resources, too, but this must be one that takes into account the fact that both domains are increasingly affected by commercialization and privatization. The premise of this paper is that a productive analogy can be drawn between the regulation of activities in these two areas, one that benefits space law in particular. The only directly relevant space treaty in this regard, the so-called Moon Treaty of 1979, was drafted in a quite different world; moreover, only 10 countries have ratified the Treaty, and none of these can be considered a major space faring nation. The law of the sea has been far more successful in solving such problems in its area than space law has in its own. Particularly noteworthy are the innovative amendments to the 1982 UN Convention on the Law of the Sea, which were able to accommodate the concerns of the industrialized states and could thus yield guidelines for the future development of the law of outer space where natural resource utilization is concerned. While utilization of the resources of celestial bodies of course mostly still lies ahead, the increasing pace in the development of human space activities suggests that now would be an ideal time to make legal rules governing the activities, which may be a reality sooner than we can ever expect.

  9. 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...

  10. 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....

  11. Conflict(s) of interest in peer review: its origins and possible solutions.

    Science.gov (United States)

    Oleinik, Anton

    2014-03-01

    Scientific communication takes place at two registers: first, interactions with colleagues in close proximity-members of a network, school of thought or circle; second, depersonalised transactions among a potentially unlimited number of scholars can be involved (e.g., author and readers). The interference between the two registers in the process of peer review produces a drift toward conflict of interest. Three particular cases of peer review are differentiated: journal submissions, grant applications and applications for tenure. The current conflict of interest policies do not cover all these areas. Furthermore, they have a number of flaws, which involves an excessive reliance on scholars' personal integrity. Conflicts of interest could be managed more efficiently if several elements and rules of the judicial process were accepted in science. The analysis relies on both primary and secondary data with a particular focus on Canada.

  12. The legal regime for moon resource utilization, with particular emphasis on environmental protection, and comparable solutions adopted for deep seabed activities

    Science.gov (United States)

    Viikari, L.

    This paper will examine the resource utilization regime as established by the body of international space law and by the 1979 Moon Treaty in particular, as well as the current problems pertaining to it. A particular area of interest is environmental protection vis-à-vis resource utilization. A potential source of fruitful analogy is provided by the deep seabed mineral utilization regime, as established by the 1982 United Nations Convention on the Law of the Sea, the 1994 New York Agreement amending it, and the recent 2000 Mining Code as the first part of more detailed regulations that will eventually govern exploration for and exploitation of all deep seabed minerals. Such comparison seems advantageous, because several developments in the field of using the space environment are showing obvious similarities with previous developments in the law of the sea regarding deep seabed resource management. The Moon and the deep seabed (and their natural resources) are also the only environs explicitly proclaimed as the common heritage of mankind. On the other hand, both domains are increasingly affected by commercializat ion and privatization, too. A recent new (legally non-binding) instrument for space activities is the 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, Taking into Particular Account the Needs of Developing Countries. It attempts at an important compromise regarding the Common Heritage provision, offering a means to share benefits while recognizing market principles. These principles very much resemble the previous solutions adopted by the 1994 New York Agreement for the deep seabed. The paper attempts to reflect in particular upon the experience available from such developments.

  13. Cloud solution for histopathological image analysis using region of interest based compression.

    Science.gov (United States)

    Kanakatte, Aparna; Subramanya, Rakshith; Delampady, Ashik; Nayak, Rajarama; Purushothaman, Balamuralidhar; Gubbi, Jayavardhana

    2017-07-01

    Recent technological gains have led to the adoption of innovative cloud based solutions in medical imaging field. Once the medical image is acquired, it can be viewed, modified, annotated and shared on many devices. This advancement is mainly due to the introduction of Cloud computing in medical domain. Tissue pathology images are complex and are normally collected at different focal lengths using a microscope. The single whole slide image contains many multi resolution images stored in a pyramidal structure with the highest resolution image at the base and the smallest thumbnail image at the top of the pyramid. Highest resolution image will be used for tissue pathology diagnosis and analysis. Transferring and storing such huge images is a big challenge. Compression is a very useful and effective technique to reduce the size of these images. As pathology images are used for diagnosis, no information can be lost during compression (lossless compression). A novel method of extracting the tissue region and applying lossless compression on this region and lossy compression on the empty regions has been proposed in this paper. The resulting compression ratio along with lossless compression on tissue region is in acceptable range allowing efficient storage and transmission to and from the Cloud.

  14. 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

  15. The clash of legal cultures over the ‘best interests of the child’ principle in cases of international parental child abduction

    NARCIS (Netherlands)

    Rossum, Wibo van

    2010-01-01

    Because of the increase in international love traffic, transnational problems in divorce, maintenance issues, visitation rights, custody over children, and cases of child abduction are here to stay. A clash of cultures is obvious in international child abduction cases in which Islamic legal cultures

  16. LEGAL PROTECTION OF AVIATION IN THE CONTEXT OF GLOBALIZATION, RISKS AND SOCIAL ENTROPY AS A SCIENTIFIC PROBLEM: APPROACHES AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    O. O. Chernaya

    2015-01-01

    Full Text Available The article considers the issue concerning the international legal problem of using armed forces to counter the threats posed by the misuse of civil aircraft, in particular, the use of civil aircraft as a weapon to kill people and destroy objects on the territory of States (the events of 11th September 2001 in the USA. It proves the need for universal international legal norms regulating the actions of States to prevent and suppress acts of the misuse of civil aircraft.

  17. 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...

  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. The area-of-interest problem in eyetracking research: A noise-robust solution for face and sparse stimuli.

    Science.gov (United States)

    Hessels, Roy S; Kemner, Chantal; van den Boomen, Carlijn; Hooge, Ignace T C

    2016-12-01

    A problem in eyetracking research is choosing areas of interest (AOIs): Researchers in the same field often use widely varying AOIs for similar stimuli, making cross-study comparisons difficult or even impossible. Subjective choices while choosing AOIs cause differences in AOI shape, size, and location. On the other hand, not many guidelines for constructing AOIs, or comparisons between AOI-production methods, are available. In the present study, we addressed this gap by comparing AOI-production methods in face stimuli, using data collected with infants and adults (with autism spectrum disorder [ASD] and matched controls). Specifically, we report that the attention-attracting and attention-maintaining capacities of AOIs differ between AOI-production methods, and that this matters for statistical comparisons in one of three groups investigated (the ASD group). In addition, we investigated the relation between AOI size and an AOI's attention-attracting and attention-maintaining capacities, as well as the consequences for statistical analyses, and report that adopting large AOIs solves the problem of statistical differences between the AOI methods. Finally, we tested AOI-production methods for their robustness to noise, and report that large AOIs-using the Voronoi tessellation method or the limited-radius Voronoi tessellation method with large radii-are most robust to noise. We conclude that large AOIs are a noise-robust solution in face stimuli and, when implemented using the Voronoi method, are the most objective of the researcher-defined AOIs. Adopting Voronoi AOIs in face-scanning research should allow better between-group and cross-study comparisons.

  20. Domestic Violence against Children: Nature, Reason and Some Solutions for Its Treatment in the Light of Legal Attempts

    Directory of Open Access Journals (Sweden)

    Seyed Masoud Noori

    2007-11-01

    Full Text Available International and national documents consider family as the fundamental social institute and the natural base of growth and development of the personality of children. On the basis of this principle and according to the religious teachings and local traditions and customs, the positive laws consider family as a strong sanctuary. The governments are not much inclined to extend the field of their supervision to the inner perimeters of family. The judicial procedures too more or less follow the same pattern. On the other hand, the studies conducted in different parts of the world indicate that child abuse in the family occurs by the parents, legal custodians and the close relatives of the children and adolescents. Overemphasis on the sanctity of family and weak incentive of the families in interfering in the perimeters of family have landed the children and adolescents in an undesirable situation. The present paper is an attempt to define violence against children and introduce its various kinds. Then attempts have been made to discuss the reasons for child abuse in the family. The principles of the convention on the child’s rights (CRC for protection of the children against violence as well as Iranian laws have been taken into consideration in this study. Also the media, religion, and the social functions of the religious leaders and their role in campaign against domestic violence against children have been also discussed. اسناد بین المللی و ملی، خانواده را رکن اساسی اجتماع و جایگاه طبیعی رشد و شکوفایی شخصیت کودکان شمرده‌اند. بر این اساس و همسو با آموزه‌های دینی و آداب و رسوم محلی، قوانین موضوعه برای خانواده حریم مستحکمی قائل شده‌اند و دولت‌ها نیز کمتر مایلند نظارت و حوزه رفتار خود را به درون خانواده تسری

  1. 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....

  2. 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....

  3. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    parties.The present article aims to consider the possibilities and limitations on a mediator’s ability to provide particular types of legal assistance where the guarantee of non-discrimination between disputing parties’ interests is presupposed.

  4. Interesting Interest Points

    DEFF Research Database (Denmark)

    Aanæs, Henrik; Dahl, Anders Lindbjerg; Pedersen, Kim Steenstrup

    2012-01-01

    Not all interest points are equally interesting. The most valuable interest points lead to optimal performance of the computer vision method in which they are employed. But a measure of this kind will be dependent on the chosen vision application. We propose a more general performance measure bas...

  5. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  6. 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....

  7. 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...

  8. 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)

  9. Legal aspects of sub-seabed disposal of radioactive waste

    International Nuclear Information System (INIS)

    Reyners, P.

    1981-10-01

    In connection with methods for disposal of highly radioactive waste, that consisting of burying such waste in the sub-seabed arouses an increasingly marked interest among specialists. Apart from the technical difficulties still to be overcome and current safety assessments, this method gives rise to quite considerable legal and political problems. Their solution will undoubtedly have a bearing on its chances of being implemented. (NEA) [fr

  10. 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...

  11. 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...

  12. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  13. 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...

  14. THE DEVELOPMENT OF COMPETITIVE LEGAL STUDIES AS A RESPONSE TO THE DISORDERS IN THE LEGAL JOB MARKET (WHAT NEEDS TO BE DONE IN ORDER TO PROMOTE THE INTEREST OF STUDENTS, SOCIETY AND NATIONAL ECONOMY? - THE NEED TO DECIDE BETWEEN HOLDING IN PLACE AND ACTIVATING AVAILABLE ACADEMIC RESOURCES

    Directory of Open Access Journals (Sweden)

    Zvonimir Jelinić

    2016-01-01

    Full Text Available The author brings into context the issue of employability of law graduates with the current problems in legal education, namely with the fact that number of graduates coming from Croatian law schools have tremendous problems with finding a job after graduation. The author calls for a change in the system of legal education and makes a proposal that a new approach to the matter at issue needs to be adopted as soon as possible. The central part of reform should consider the development of completely new and competitive faculty curricula that would reflect changes in the national legal system and its surroundings as well as projections of development of markets for legal services at home and abroad. In the world of change only those who are able to adapt to the market needs and changes have a chance to survive in an ever faster changing world of law, markets and educational policies.

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

    Science.gov (United States)

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

    2015-10-01

    Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.

  16. Legal and Political Obstacles and Opportunities for Successful Nuclear Projects

    International Nuclear Information System (INIS)

    Yanovskiy, M.

    2014-01-01

    Every business suffers from excessive regulations, unpredictable changes in legislation, various kinds of the political rent, extorting practices like 'big business social responsibility' and more. The industries with long-term return-of-investment (ROI) are most vulnerable to political and legal risks. For the nuclear industry, long-lasted public perception of radiation as an imminent threat caused the present over-regulation look natural. Therefore ROI is above two decades, essentially precluding private entrepreneurship activity. While durable solution includes changing public perception and updating regulation, both are 'facts on the ground' and 'habits are hard to break'. Political alliances, appeal to public opinion and lobbying are legitimate methods for promoting industry's interests in a democratic state. However in case of the nuclear industry, bureaucratic and political interests seem too strong to be overpowered by regular lobbying activities. Durable solutions we are searching for should not only eliminate the present legal and political obstacles, but also prevent them in near- to middle-term future. Such solutions would mitigate risks and remove barriers in number of industries, including nuclear industry as well. Particularly, 'not in my backyard' (NIMBY) attitude to nuclear installations is often viewed as a formidable problem. However, this problem has pretty old and reliable solution via compensation for real estate devaluation, if such takes place. Such solution may preclude some projects, but makes others predictable and reliable (e.g. in sparsely populated or relatively poor areas)

  17. SOLUTIONING

    Directory of Open Access Journals (Sweden)

    Maria de Hoyos Guajardo, Ph.D. Candidate, M.Sc., B.Eng.

    2004-11-01

    Full Text Available The theory that is presented below aims to conceptualise how a group of undergraduate students tackle non-routine mathematical problems during a problem-solving course. The aim of the course is to allow students to experience mathematics as a creative process and to reflect on their own experience. During the course, students are required to produce a written ‘rubric’ of their work, i.e., to document their thoughts as they occur as well as their emotionsduring the process. These ‘rubrics’ were used as the main source of data.Students’ problem-solving processes can be explained as a three-stage process that has been called ‘solutioning’. This process is presented in the six sections below. The first three refer to a common area of concern that can be called‘generating knowledge’. In this way, generating knowledge also includes issues related to ‘key ideas’ and ‘gaining understanding’. The third and the fourth sections refer to ‘generating’ and ‘validating a solution’, respectively. Finally, once solutions are generated and validated, students usually try to improve them further before presenting them as final results. Thus, the last section deals with‘improving a solution’. Although not all students go through all of the stages, it may be said that ‘solutioning’ considers students’ main concerns as they tackle non-routine mathematical problems.

  18. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  19. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  20. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

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

  1. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    Science.gov (United States)

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

    To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.

  3. Legal 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....

  4. Interest Rates and Inflation

    OpenAIRE

    Coopersmith, Michael; Gambardella, Pascal J.

    2016-01-01

    This article is an extension of the work of one of us (Coopersmith, 2011) in deriving the relationship between certain interest rates and the inflation rate of a two component economic system. We use the well-known Fisher relation between the difference of the nominal interest rate and its inflation adjusted value to eliminate the inflation rate and obtain a delay differential equation. We provide computer simulated solutions for this equation over regimes of interest. This paper could be of ...

  5. 7 CFR 4279.125 - Interest rates.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Interest rates. 4279.125 Section 4279.125 Agriculture... Interest rates. The interest rate for the guaranteed loan will be negotiated between the lender and the applicant and may be either fixed or variable as long as it is a legal rate. Interest rates will not be more...

  6. Cannabis Use and Support for Cannabis Legalization

    OpenAIRE

    Palali, Ali; van Ours, Jan C

    2014-01-01

    textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...

  7. Technology Transfer in Digital Era: Legal Environment

    Directory of Open Access Journals (Sweden)

    Ivan Anatol’yevich Bliznets

    2018-03-01

    Full Text Available The spread of disruptive technology in the digital era is the ruling condition of modern sustainable development. The authors proceed from the fact that legal tools for the creation and use, protection of advanced technologies provide the technology transfer process from the owner to interested parties for further practical, commercial application or further improvement. The article analyzes the legal positions of the concept of technology, legal ways to use modern technologies, stages of their implementation and practical application. In the innovation process legal mechanism in combination with the modern means of innovative development stimulates the creation and transfer of new technologies and at the same time it is a key factor for sustainable development in the context of modern digital technology revolution. In the modern digital revolution, the technology transfer acquires new features and ways for the dissemination of technical innovation, which creates new challenges for legal theory and practice, and legal tools should meet the challenges of the time.

  8. Legal 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.

  9. Civil Rights of Foreigners in Private Legal Relations

    Directory of Open Access Journals (Sweden)

    Dukagjin Leka

    2016-03-01

    Full Text Available The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law, which greatly appears repeatedly and stretches in a new form and new dimension, so today in terms of development contemporary society in general, there are no legal areas where no foreign element appears. For this reason, taking into account the development and intensification of legal relations with a foreign element, especially in the late twentieth century, with the dissolution of a significant number of countries and the creation of new states there are new situations created, which seek diverse solutions that would answer the interests of legal entities, which should be in accordance with the principles of the international community and for this reason a study of this topic will be analyzed.

  10. COMPUTER-ASSISTED TRANSLATION RISKS AND THREATS IN LEGAL TEXTS

    Directory of Open Access Journals (Sweden)

    Georgiana, MÎNDRECI

    2014-11-01

    Full Text Available In a world in which IT is developing faster than ever, providing reliable solutions to all problems, regardless the field of interest, the issue of computer-assisted translation systems is more and more complex, offering both advantages and disadvantages. The field of translating legal texts from Romanian into English is deprived of a large number of specialists and this is one of the main reasons why more and more people resort to computer-assisted translations, especially Google translations when dealing with translating various texts (from Romanian into English or vice-versa, in this particular case legal texts. Yet, although this field has immensely thrived recently, and is quite reliable for simple and very easy translations, the average English speaker runs huge risks of falling into traps that can lead to errors and misinterpretations. Thus, this article aims to identify the main theoretical approaches to computer-assisted theories and the major risks and threats that occur in this type of translation, focusing particularly on legal texts. There are important differences, not only of words, but also differences in the legal systems themselves, both theoretical and practical ones, which must be correctly dealt with -something which computer-assisted translation cannot do (yet.

  11. On the committee for disputes solution on the atomic damages in Japan. The legal scheme and the guideline-making about the damages from the accident of Fukushima Daiichi Atomic Power Stations

    International Nuclear Information System (INIS)

    Takahashi, Shigeru

    2011-01-01

    Fukushima Daiichi accident did much damage on agriculture, fisheries and others, and also damage related with evacuation on surrounding affected residents. To cope with this situation, Committee for Disputes Solution on the Atomic Damages was established in April and the overall guideline as the basis on which Tokyo Electric Power Co. should pay compensation to the affected persons, was issued on August 5, 2011. This article overviewed special scheme derived from Act on Compensation for Nuclear Damage requiring absolute and unlimited liabilities of nuclear operators and its amendment following the JCO accident and others. And then activities of Committee for Disputes Solution on the Atomic Damages to decide the guideline and its contents were outlined. It would be quite important for the government to establish legal payment scheme of compensation that one nuclear operator could not pay by itself and to implement prompt measures toward prevention of damage expansion and promotion of restoration. Bill concerning formation of a nuclear damage compensation support organization was enacted on July 28 and it would ensure prompt payment of damage compensation to affected persons. (T. Tanaka)

  12. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

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

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  13. Marijuana Legalization: Implications for Property/Casualty Insurance

    OpenAIRE

    Brenda Wells

    2014-01-01

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

  14. Caesarean delivery: conflicting interests.

    Science.gov (United States)

    Osuna, Eduardo; Pérez Cárceles, Maria Dolores; Sánchez Ferrer, Maria Luisa; Machado, Francisco

    2015-12-01

    Within the maternal-fetal relationship, interests may sometimes diverge. In this paper, a pregnant woman's refusal to undergo a caesarean delivery, which was recommended both to save the life of the fetus and to minimize risks to her, is described. The legal aspects involved in the conflict between maternal autonomy and fetal well-being are analysed. The patient requested an abortion because of the poor condition of the fetus; however, according to Spanish legislation, the possibility of abortion was rejected as the pregnancy was in its 27th week. The woman still persisted in her refusal to accept a caesarian delivery. After the medical team sought guidance on the course to follow, the Duty Court authorized a caesarean delivery against the wishes of the patient. From a legal point of view, at stake were the freedom of the woman - expressed by the decision to reject a caesarean delivery - and the life of the unborn child. In clinical treatment, the interests of the fetus are generally aligned with those of the pregnant woman. When they are not, it is the pregnant woman's autonomy that should be respected, and coercion should form no part of treatment, contrary to the decision of this court. Copyright © 2015 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

  15. 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 ...

  16. 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)

  17. International Legal Norms in Macedonia's Domestic Law

    Directory of Open Access Journals (Sweden)

    Blerton SINANI

    2014-11-01

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

  18. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

    The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.

  19. Compensated takings and negotiated solutions

    International Nuclear Information System (INIS)

    Thompson, R.P.

    1993-01-01

    More than 30 year ago, the USA began protecting its environment with regulatory laws. However, this approach has progressed to the point where our economic health may have needlessly incurred long-term damage. The article explores the implications of a resurgent demand for legal guarantees for compensation when environmental regulations take individual property. What will happen when a price tag is attached to new or existing environmental laws? Some predict dire results; however, a more balanced and efficient policy may lie ahead. The discussion explores the implications of recent rulings, describes possible outcomes, and offers several alternatives to the traditional lobby-and-appeal tactics used in setting environmental policy. The authors conclude that as the concept of a regulatory taking is restored, more innovative negotiated solutions will take place between competing interests as they are given more equal legal footing

  20. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

  1. Public interest group involvement

    International Nuclear Information System (INIS)

    Shelley, P.

    1986-01-01

    Including public interest groups in the siting process for nuclear waste disposal facilities is of great importance. Controversial sitings often result in litigation, but involving public interest groups early in the process will lessen the change of this. They act as surrogates for the general public and should be considered as members of the team. It is important to remember though, that all public interest groups are different. In choosing public panels such as public advisory committees, members should not be chosen on the basis of some quota. Opposition groups should not be excluded. Also, it is important to put the right person in charge of the committee. The goal of public involvement is to identify the conflicts. This must be done during the decision process, because conflicts must be known before they can be eliminated. Regarding litigation, it is important to ease through and around legal battles. If the siting process has integrity and a good faith effort has been shown, the court should uphold the effort. In addition, it is important to be negotiable and to eliminate shortcuts

  2. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

    There has been much discussion and some controversy on the legal issues faced by the Department of Energy's (DOE) protective forces in the performance of their security duties. These include the observance of legal proprieties in the arrest of non-violent demonstrators, the use of lethal weapons, and the extent of protective forces' authority to carry weapons and protect DOE's security interests offsite. In brief, the need to protect DOE's security interests may be in nominal conflict with other requirements. When faced with a potential conflict in requirements, we in the DOE security community must place first attention to the security mission -- to deter and prevent hostile acts

  3. Legal Impediments in the EU to New Technologies in the Example of E-Residency

    Directory of Open Access Journals (Sweden)

    Tanel Kerikmäe

    2015-12-01

    Full Text Available Estonia has created of itself the image of an e-state that is being supported with novel ICT-solutions, the perhaps most renowned of which is e-residency. However, created as a governmental start-up in the national best interest, e-residency could be of marginal relevance in light of global digital identity management. Purely national digital identity or an e-residency grants its holder several rights unknown to, or at least unapplied in a majority of the EU Member States and in the world more generally. But currently it lies on a vacillating legal pedestal which has resulted in copious administrative issues and proposed legal amendments already during its first year of implementation. Concerns, such as the administrative capacity of Estonia to handle potentially 10 million customers of national e-services, arise due to contingent legal footing. On this basis, efficiency of e-residency is critically analysed from the perspective of an autoschediastic regulatory framework presuming high-level administrative competence yet leaving the scope and limits of the functions of the public authorities legally unfurnished and isolated from the EU legal space.

  4. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

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

  5. THE LEGAL ARRANGEMENT OF WAGE PROTECTION BASED ON THE PRINCIPLE OF LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Yetniwati

    2016-05-01

    Full Text Available The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.

  6. 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…

  7. Theorizing Mediation: Lessons Learned from Legal Anthropology

    Directory of Open Access Journals (Sweden)

    Marc Simon Thomas

    2016-01-01

    Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.

  8. 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...

  9. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

    Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.

  10. Psychological and Pedagogical Measures of Preventing Conflicts of Interest Among Employees of Law Enforcement Agencies

    Directory of Open Access Journals (Sweden)

    Serdyuk N.V.,

    2017-11-01

    Full Text Available The article considers significant characteristics of the phenomenon of corruption resistance of employees of internal affairs agencies as civil servants. The outlined problem of preventing corruption manifestations and conflicts of interests in operational and service activities is characterized by the fact that it exceeds the limits of legal regulation. The possible solution in this case might be the selection of relevant psychological and pedagogical measures of preventing the conflict of interests and the formation of corruption resistance in the personnel of the internal affairs bodies. The article describes the value basis of law enforcement service and personal meanings in the profession.

  11. Cannabis Use and Support for Cannabis Legalization

    NARCIS (Netherlands)

    Palali, A.; van Ours, J.C.

    2014-01-01

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

  12. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    . the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...

  13. Sexual Harassment in Employment: Legal Perspectives for University Administrators.

    Science.gov (United States)

    Tillar, Darrel Long

    Legal issues concerning sexual harassment on the job are considered to aid administrators of colleges and universities. The concept of sexual harassment is examined from a historical perspective, and the development of legal thought and solutions for harassment in employment settings is delineated. The nature and extent of harassment have been…

  14. Fumbling toward a Critical Legal Pedagogy and Practice

    Science.gov (United States)

    Matambanadzo, Saru

    2006-01-01

    This article argues that the culture and practice of legal education in the United States functions to dehumanize law students and potentially produce one-dimensional lawyers in the service of corporate interests and the capitalist status quo. These lawyers are trained to serve not only as the guardians of legal rights, social entitlements and…

  15. 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.

  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. 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....

  18. 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.

  19. Stay Legal and Safe in Treating for Bed Bugs

    Science.gov (United States)

    Quick fix solutions may sound appealing, but they may not be legal, safe, or effective. To avoid adverse effects such as poisoning, buy EPA-registered pesticides labeled for bed bug control, and follow all label directions and precautions.

  20. 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

  1. Infidelity and the Possibility of a Liberal Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2017-01-01

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

  2. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

    Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.

  3. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

    Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.

  4. 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.

  5. 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.

  6. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  7. Human genetic information: the legal implications.

    Science.gov (United States)

    Brahams, D

    1990-01-01

    This paper provides a brief summary of some of the key legal issues raised by human genetic information and research as viewed from a British common law standpoint. The law is basically reactive rather than prospective and problems posed by futuristic medico-scientific discoveries are likely to be dealt with by reference to established legal principles and analogies made with decided cases. The acquisition and research into human genetic information in the form of DNA profiling may have wide-ranging legal implications. Human genetic information may provide an evidential tool in the legal process when the identity of a specific individual or his family connections and relationships are called into question. It may also pose problems of confidentiality which could conflict with a duty of disclosure. In the future it may be possible to identify a propensity to develop a disease which may be seriously disabling or terminal long before any symptoms are detectable. This sensitive information could be of considerable interest to any prospective employer, insurer, marriage partner or family member and is of serious concern to the individual himself. How far should or could such information lawfully be made available and to whom? Legal debates are also likely to focus on ownership of human genetic information, the patenting of techniques to unravel it, and therapies and medicines developed therefrom. The law will be invoked to safeguard any intellectual property which may exist and to patent any inventive steps in the field.(ABSTRACT TRUNCATED AT 250 WORDS)

  8. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

  9. 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)

  10. 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

  11. 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…

  12. 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…

  13. 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.…

  14. 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.

  15. 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...

  16. 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).

  17. Effective environmental protection by the reform of the administrative procedures and administrative legal rights

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

    The 52nd German Lawyers Meeting will be concerned in its legal department with the question of whether, from the points of view of the guaranteeing of the necessary environmental protection, additional regulations in the administrative procedures and administrative legal rights should be recommended. Here one is concerned, above all, with the problem of whether an administrative legal associations sueing or associations participation in administrative legal procedures is desirable in the interests of environmental protection. A negative answer must be given to this question. Discussion should concentrate on the problematical administrative legal interests, on the strengthening of administrative participation of popular opinion or interests in legal processes, on other improvements in administrative processes and on the legal control by Parliament of environmental protection. (orig.) [de

  18. 16 CFR 1018.34 - Conflict of interest.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Conflict of interest. 1018.34 Section 1018... Administration of Advisory Committees § 1018.34 Conflict of interest. Members of the Commission's statutory advisory committees are not legally subject to the standards of conduct and conflict of interest statutes...

  19. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  20. 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.

  1. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  2. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  3. Plant cell wall profiling by fast maximum likelihood reconstruction (FMLR) and region-of-interest (ROI) segmentation of solution-state 2D 1H-13C NMR spectra.

    Science.gov (United States)

    Chylla, Roger A; Van Acker, Rebecca; Kim, Hoon; Azapira, Ali; Mukerjee, Purba; Markley, John L; Storme, Véronique; Boerjan, Wout; Ralph, John

    2013-04-26

    Interest in the detailed lignin and polysaccharide composition of plant cell walls has surged within the past decade partly as a result of biotechnology research aimed at converting biomass to biofuels. High-resolution, solution-state 2D 1H-13C HSQC NMR spectroscopy has proven to be an effective tool for rapid and reproducible fingerprinting of the numerous polysaccharides and lignin components in unfractionated plant cell wall materials, and is therefore a powerful tool for cell wall profiling based on our ability to simultaneously identify and comparatively quantify numerous components within spectra generated in a relatively short time. However, assigning peaks in new spectra, integrating them to provide relative component distributions, and producing color-assigned spectra, are all current bottlenecks to the routine use of such NMR profiling methods. We have assembled a high-throughput software platform for plant cell wall profiling that uses spectral deconvolution by Fast Maximum Likelihood Reconstruction (FMLR) to construct a mathematical model of the signals present in a set of related NMR spectra. Combined with a simple region of interest (ROI) table that maps spectral regions to NMR chemical shift assignments of chemical entities, the reconstructions can provide rapid and reproducible fingerprinting of numerous polysaccharide and lignin components in unfractionated cell wall material, including derivation of lignin monomer unit (S:G:H) ratios or the so-called SGH profile. Evidence is presented that ROI-based amplitudes derived from FMLR provide a robust feature set for subsequent multivariate analysis. The utility of this approach is demonstrated on a large transgenic study of Arabidopsis requiring concerted analysis of 91 ROIs (including both assigned and unassigned regions) in the lignin and polysaccharide regions of almost 100 related 2D 1H-13C HSQC spectra. We show that when a suitable number of replicates are obtained per sample group, the correlated

  4. BANKING WITHOUT INTEREST

    Directory of Open Access Journals (Sweden)

    Jana Ilieva

    2017-06-01

    Full Text Available In recent years, there has been increased global awareness of Islamic finance. This topic is mainly opened with respect to the great financial crisis that mostly hit the banking system and the financial markets and caused many bank bankruptcies and state interventions. This paper analyzes the basic principles of Islamic banking. The absolute prohibition of receiving and giving interest (Riba and profit-and-loss sharing (PLS paradigms are elaborated in detail; they are primarily based on mudarabah (profit-sharing and musyarakah (joint venture concepts which nowadays are becoming an accepted way of doing business in several Western multinational banks. An overall comparison of the advantages of Islamic vs. conventional banking is also given. Islamic finance technology solutions have matured and they will face various challenges in the following decades, due to conventional banks offering, increasingly, Islamic products. The need for a more comprehensive environment and regulatory framework is emphasized, so that Islamic banking development can be ensured.

  5. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  6. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  7. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...

  8. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  9. 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

  10. The essential elements and the legal structure of master franchise agreement: How to draft a good contract?

    Directory of Open Access Journals (Sweden)

    Kerković-Milenković Tamara

    2010-01-01

    Full Text Available The creation of the draft and other legal documents in franchising transaction emanates the one of the most stressful challenge for the civil law lawyer. There are many reasons which create big obstacles in process of successfully drafting master franchise agreement. One of the main difficulties faced by the parties engaged in international trade is the lack of uniformed rules for the franchising agreement as well as franchising being anonymous contract in the most of legal systems of the world. Besides that, the franchise (emanating goodwill as the legal object of the franchising agreement is sui generis and fluid derives from the various numbers of rights and licence simmilar to right, such as trade names, trade marks and the shop signs, logos, utility models, designs, copyrights, know-how, etc. The legal structure of the mutual rights and obligations of the parties is extremely sophisticated not only because of the big number of obligations but because of their varieties and complexity. In most of the legal systems of common law as well as in the civil law countries the master franchise contract is not regulated neither with mandatory nor through dispositive norms of relationship laws but at the same time the franchise arrangements are subjected to a considerable number of laws and regulations from different areas of law, majority of which are regulated domestically and at the same time also at international legal context. Those areas of law are general contract law, agency law, leasing and security interests, intelectual property and competiton law, corporate law, insurance and labore law, consumer protection and product liability legislation and always important industry specific laws. In interantional legal practice there are many so-called template franchise agreement which are prepared from the franchisor in advance regulating all possible predictable legal solution and legislation. But, it is advisable for the civil law lawyer to treat

  11. 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...

  12. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

    ..., taxation, for which the Contractor retains legal counsel, including but not limited to litigation... procedures such as mediation; (7) Actual or potential conflicts of interest; and (8) The means and rate of... and address promptly any professional conflicts of interest. (c) There may be additional requirements...

  13. Legal Steps Outside the Climate Convention: Litigation as a Tool to Address Climate Change

    NARCIS (Netherlands)

    Gupta, J.

    2007-01-01

    This article examines the recent academic interest in litigation as a tool to address climate change, as well as the surge of legal actions worldwide to bring the problem to the attention of judiciaries. This new interest reveals the frustration of legal scholars and activists at the slow rate at

  14. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

    This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de

  15. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  17. A New Approach Regarding the Legal Contract Lesion

    Directory of Open Access Journals (Sweden)

    Sache Neculaescu

    2010-06-01

    Full Text Available Why not agreeing upon a contract based on misbalanced services: because the party benefiting from an excessive service unlawfully exploited the precarious situation of the other party as a result of whom came to accept an unfair contract, or because contractual balance must be an essential feature of which and every contract with clearly established services? Which of the two reasons mentioned above is more important in terms of current contractual discipline? These are two questions which, no matter what answers will get, will involve an important matter of choice, in relation to which it will be possible to assess correctly the solutions proposed by the new Romanian Civil Code, as well as by the main bills on Europeancodification of contract law. The present study upholds the idea of misbalanced services only if it constitutes rather a remedy for a contractual problem, if it is oriented towards the legitimate interests of the most vulnerable party of that contract and less interested in sanctioning the guilty conduct of the person who tookadvantage from an excessive service. As a consequence, we support the objective perspective in what misbalanced services are concerned, a reason for which we shall be making a few comments on some of thenew legal provisions, by referring to the main bills on the European codification of contract law, and stating later on a few de lege ferenda proposals, in terms of contracts based on misbalanced services.

  18. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  19. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  20. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

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

  1. Legal issues confronting the occupational physician.

    Science.gov (United States)

    Lewis, Kenneth S; Kleper, Ann-Louise

    2002-01-01

    Occupational physicians are frequently participants in a legal arena in which the interests of the patient are in conflict with those of the patient's employer. What is best for the patient may be viewed as financially burdensome or damaging to the employer. Pressures may be brought to bear upon the doctor, who is also concerned with furthering business relationships with the employer, to take action that is inimical to the patient's well-being. This article addresses legal liability and ethical responsibility in three situations: (1) when limitations or constraints are placed upon the physician's professional judgment in treating the patient; (2) when demands are made upon the physician to release medical information regarding a patient; and (3) when the physician is asked to perform a medical evaluation for purposes of litigation.

  2. 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....

  3. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...

  4. On Plagiarism and Power Relations in Legal Academia and Legal Education

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

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

  5. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  6. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  7. Interest rate derivatives

    DEFF Research Database (Denmark)

    Svenstrup, Mikkel

    This Ph.D. thesis consists of four self-contained essays on valuation of interest rate derivatives. In particular derivatives related to management of interest rate risk care are considered.......This Ph.D. thesis consists of four self-contained essays on valuation of interest rate derivatives. In particular derivatives related to management of interest rate risk care are considered....

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

    NARCIS (Netherlands)

    U. Jaremba (Urszula)

    2013-01-01

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

  9. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...

  10. The Establishment of Public Organizations in the Far East at the End of 19th – Beginning of 20th Century: Legal Norms and Practice

    Directory of Open Access Journals (Sweden)

    KOTLYAR N.V.

    2014-06-01

    Full Text Available he article studies the process of changing the juridical status of legal public organizations in pre-revolutionary Russia, the main stages of legal order in establishing public organizations (non-professional, non-profit, as well as problems and solutions in the scope of administrative practice. The author reveals the main stages of administrative order formation in the process of establishing a public organization in the Far East, the regional peculiarities of implementing the legal provisions which regulate the creation and activity of associations, as well as the mechanism of officials’ activity in the Far East with regard to public initiatives. The author emphasizes the following problems in administrative practice: the absence of clearly defined principle of legality due to the absence of corresponding statute, the contradictory relations between government and legislative bodies, excessive strictness of the pre-revolutionary law. The author makes conclusion that the process of unions’ freedom realization is characterized by non-Oriental features and represents the attempt to create a new model of relations between the state and public organizations, aimed at solving social problems by relying on the support of local population. The foundations of forming the modern state policy provide a framework of legal and state associations. The article material is of interest to those who study the history of state and law in Russia and the history of public organizations in the Far East.

  11. 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.

  12. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  13. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  14. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...

  15. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  16. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  17. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  18. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  19. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...

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

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

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

  1. A Regularização Fundiária de Interesse Social e o Processo Regulatório Jurídico-Administrativo para Consolidação do Direito à Moradia / Social Interest in Land Regularization and the Legal and Administrative Process for Consolidating the Right to Housing

    Directory of Open Access Journals (Sweden)

    Arleide Meylan

    2016-10-01

    Full Text Available Purpose – The paper analyzes the urban real estate regularization and its theoretical and practical implications on national urban policy to consolidate the right to housing in Brazil. Methodology/approach/design – Theoretical analysis and case study on the statutory instruments designed for the implementation of the right to housing in Brazil. Results – The article reaches the conclusion that government and social attention is desirable for the regulatory process to implement principles of the city’s social function and the social function of property, using the parameters put forward by of the legal, regulatory and administrative instruments available at the national urban policy. Practical implications – The article demonstrates that the urban real estate regularization requires the involvement of government and society for realization of the principles of the social function of property and the city, and to promote social inclusion of Brazilian urban spaces. Originality/value – It seeks to elucidate the institute of land regularization, explaining the importance of the tools provided by Brazilian legal framework and the state’s role in the regulatory process for the application of the institute, especially on the problems of the social segregation space of Brazilian urban spaces.

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

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    's own conduct embodied either in the commission of a criminal offence or in the omission to act. Therefore, contemporary criminal laws have determined special types of criminal sanctions, such as: punishment, security measures, conditional (suspended sentence and confiscation of material gain obtained by comitting the criminal offence, as well as the instruments, proceedings and conditions under which they may be imposed. Within the framework of the forthcoming reform of the entire penal legislation in the Republic of Serbia, the Serbian legislator may use the legal solutions envisaged in the analyzed documents and criminal legislations as a solid model for implementing the international standards in the field of criminal liability of legal entities. Hence, this paper discusses the particularities governing the application of criminal sanctions for legal entities in the Republic of Serbia, particularly as an instrument of crime control.

  3. Points of Interest: What Determines Interest Rates?

    Science.gov (United States)

    Schilling, Tim

    Interest rates can significantly influence people's behavior. When rates decline, homeowners rush to buy new homes and refinance old mortgages; automobile buyers scramble to buy new cars; the stock market soars, and people tend to feel more optimistic about the future. But even though individuals respond to changes in rates, they may not fully…

  4. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

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

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  6. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

    Rowthorn, Virginia; Plum, Alexander J; Zervos, John

    Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

  7. Legal capacity of the elderly in Greece.

    Science.gov (United States)

    Giannouli, Vaitsa; Tsolaki, Magda

    2014-01-01

    Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (PGreece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

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

  9. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  10. Interests and corruption

    Directory of Open Access Journals (Sweden)

    Joković Milica S.

    2017-01-01

    Full Text Available This paper analyses the connection of interests and corruption, especially corruption and political interests. It first considers the notion of interest, i.e. its meanings and significance, both for an individual and for a society. It presents the classification if interests by Albion Woodbury Small. A special emphasis is given to the encounter of different interests as the beginning of clash between humans. The paper analyses individual, special and general interests, as well as their relations. The paper also analyses two levels of conflict of interest: the conflict between public and private interest and the conflict between interests within the public offices. The relation of interests in society and politics is solved in the best way by adopting laws, i.e. by introducing the rule of law into political order. Without that the interest orientation of politicians can easily end up in abuse and illegality. In turn, abuses and illegalities open the possibilities for various kinds of corruptive acts.

  11. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

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

  12. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

    Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.

  13. 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.

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

    Science.gov (United States)

    Jegede, Oluremi

    1993-01-01

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

  15. Making the news interesting : Understanding the relationship between familiarity and interest

    NARCIS (Netherlands)

    Sluis, F. van der; Glassey, R.J.; Broek, E.L. van den

    2012-01-01

    News feeds are an important element of information encountering, feeding our (new) interests but also leading to a state of information overload. Current solutions often select information similar to the user's interests. However, long-term interest in one topic, and being highly familiar with that

  16. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  17. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  18. Practical boundary surveying legal and technical principles

    CERN Document Server

    Gay, Paul

    2015-01-01

    This guide to boundary surveying provides landowners, land surveyors, students and others with the necessary foundation to understand boundary surveying techniques and the common legal issues that govern boundary establishment.  Boundary surveying is sometimes mistakenly considered a strictly technical discipline with simple and straightforward technical solutions.  In reality, boundary establishment is often a difficult and complex matter, requiring years of experience and a thorough understanding of boundary law.  This book helps readers to understand the challenges often encountered by boundary surveyors and some of the available solutions. Using only simple and logically explained mathematics, the principles and practice of boundary surveying are demystified for those without prior experience, and the focused coverage of pivotal issues such as easements and setting lot corners will aid even licensed practitioners in untangling thorny cases. Practical advice on using both basic and advanced instruments ...

  19. ON IMPROVING INFORMATION CULTURE OF FUTURE SPECIALISTS OF LEGAL PROFILE

    Directory of Open Access Journals (Sweden)

    Л М Груздева

    2015-12-01

    Full Text Available The author draws attention to the need to improve the information culture of future specialists legal profile required for the formation of professional competencies. The paper presents examples of professionally-oriented tasks that promote students’ interest in information technology.

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

    African Journals Online (AJOL)

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

  1. 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

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

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-12-01

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

  3. A COMPARATIVE OVERVIEW OF THE (SOMETIMES UNEASY RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL FIELDS IN SOUTH AFRICA AND UGANDA

    Directory of Open Access Journals (Sweden)

    Dana van der Merwe

    2014-04-01

    Full Text Available The present article focuses on the (sometimes problematic relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt. Digital information is rapidly becoming one of the 21st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa against a background of multilateral treaties that might apply in this regard. An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power as well as one of the players who want to win (as the executive power, when government information is at stake. A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts amongst the general population. A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective

  4. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  5. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.

  6. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    . The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...

  7. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

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

  8. Legal protection of pet animals in domestic legislation

    Directory of Open Access Journals (Sweden)

    Vidić-Trninić Jelena

    2012-01-01

    Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.

  9. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

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

  10. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  11. Understanding Interest Rate Volatility

    DEFF Research Database (Denmark)

    Volker, Desi

    with and without stochastic volatility to capture the main stylized features of U.S. interest rates. The third essay, \\Variance Risk Premia in the Interest Rate Swap Market", investigates the time-series and cross-sectional properties of the compensation demanded for holding interest rate variance risk. The essays...... are self-contained and can be read independently. There is however a common thread in the themes covered as all essays focus on the understanding of interest rate volatility, its time-variation and main determinants....

  12. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    Full Text Available In the present work I approach a topic of great complexity, always anchored in social actuality because it addresses to an extremely sensitive area in which law is intertwined with the human wisdom. I start from the reality that human spiritual balance as an obvious sign of human wisdom can be maintained in a secured social balance of the social order, as a manifestation of this virtue at a community level. I insist on the interferences between universal and social order in which is enrolled as an individual component the legal order. The specificity of this latter form of the inter-human relations is ensured by the peculiar physiognomy of law rules. There are rules of human behaviour which although present some own features to other social norms (generality, impersonality, typicality, these stand out by their obligation which allows, when necessary, to be done using coercive state power. Both creation and especially interpretation and application of the law rules, involves the legislature wisdom, to impose people legal orders which to order and discipline their relations with the environment in which they live and other members of human community so as to make possible a social balance and harmonious coexistence of humans. Legal order gives concreteness and expression to some fundamental valences of law: justice, equity and righteousness. Therefore, in the vast majority of live situations, especially in cases in which norms of law express “the will of the many”, they convince through their correctness and validity, harmonizing with the interests and aspirations of those whom are addressed, which exclude the intervention of human coercive force. Here, is a sign of human wisdom. But also as a sign of human wisdom can be considered appropriate and necessary the coercive intervention of the state, when the violation of a right occurred, the social order (also the legal one being more or less disturbed. In these situations, law intervention is

  13. Interest rates mapping

    Science.gov (United States)

    Kanevski, M.; Maignan, M.; Pozdnoukhov, A.; Timonin, V.

    2008-06-01

    The present study deals with the analysis and mapping of Swiss franc interest rates. Interest rates depend on time and maturity, defining term structure of the interest rate curves (IRC). In the present study IRC are considered in a two-dimensional feature space-time and maturity. Exploratory data analysis includes a variety of tools widely used in econophysics and geostatistics. Geostatistical models and machine learning algorithms (multilayer perceptron and Support Vector Machines) were applied to produce interest rate maps. IR maps can be used for the visualisation and pattern perception purposes, to develop and to explore economical hypotheses, to produce dynamic asset-liability simulations and for financial risk assessments. The feasibility of an application of interest rates mapping approach for the IRC forecasting is considered as well.

  14. What makes health public?: a critical evaluation of moral, legal, and political claims in public health

    National Research Council Canada - National Science Library

    Coggon, John

    2012-01-01

    .... Covering important works from legal, moral, and political theory, public health, public health law and ethics, and bioethics, this is a foundational text for scholars, practitioners and policy bodies interested in freedoms, rights and responsibilities relating to health"--

  15. A legal primer for the obesity prevention movement.

    Science.gov (United States)

    Mermin, Seth E; Graff, Samantha K

    2009-10-01

    Public health advocates and scientists working on obesity prevention policy face challenges in balancing legal rights, individual freedom, and societal health goals. In particular, the US Constitution and the 50 state constitutions place limits on the ability of government to act, even in the best interests of the public. To help policymakers avoid crossing constitutional boundaries, we distilled the legal concepts most relevant to formulating policies aimed at preventing obesity: police power; allocation of power among federal, state, and local governments; freedom of speech; property rights; privacy; equal protection; and contract rights. The goal is to allow policymakers to avoid potential constitutional problems in the formation of obesity prevention policy.

  16. Legal rights and duties in the AIDS epidemic.

    Science.gov (United States)

    Dickens, B M

    1988-02-05

    This article provides an overview of some major areas of legal concern in which the AIDS epidemic is having an impact. The rights of infected individuals to testing, treatment, and confidentiality are reviewed, and emphasis is given to their claims to nondiscrimination regarding access to health care, employment, housing, education, insurance, and related interests. Infected persons' duties to contain transmission of AIDS are outlined under principles of criminal and civil law, including liability for provision of contaminated blood products. Uninfected people's general rights to protection are considered, and health professionals' and authorities' rights and duties are given more detailed attention. In conclusion, some legal developments outside the United States are reviewed.

  17. Enabling the Contextualization of Legal Rules in Responsive Strategies to Climate Change

    Directory of Open Access Journals (Sweden)

    Marleen van Rijswick

    2012-06-01

    Full Text Available The paradigm of adaptive governance is paramount in policy discourses on the mitigation and adaptation strategies of climate change. Adaptability, resilience, and cooperative approaches are promoted as the appropriate vehicles to meet the contemporary conditions of uncertainty and complexity. We claim that the legitimacy and effectiveness of these responsive strategies might be augmented via the use of legal perspectives. Rather than the instrumental use of command and control type of regulation, the legal perspectives should focus on establishing principal norms that enable the search for different solutions in different contexts. From these assumptions, the concept of legal obligation is explored as embodying the meaning of legality, and at the same time conditioning and committing the probing of different ways of purposeful action in different local circumstances. We explore the innovative potential of legal norms and demonstrate how responsive strategies to climate change can be guided by the contextualization of legal norms.

  18. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  19. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  20. Ms B and legal competence: examining the role of nurses in difficult ethico-legal decision-making.

    Science.gov (United States)

    Goodman, Benny

    2003-01-01

    The case of Ms B throws up some interesting issues regarding the role of the nurse in assisting patients in making and implementing their decisions. The High Court transcript makes it clear who the voices with influence in legal matters were, and why the decisions they took were made. Absent from the myriad voices is that of the profession of nursing. Are nurses silenced by professional boundaries, the legal framework or lack of confidence? The concept of nursing advocacy is once again thrown into relief and critical questions need asking about the limits of professional nursing practice.

  1. EDITORIAL: Interesting times

    Science.gov (United States)

    Dobson Honorary Editor, Ken

    1996-01-01

    `May you live in interesting times' - old Chinese curse. First, many thanks to John Avison, the retiring Honorary Editor, for his hard work over the last five years, and the steady development in style and content under his stewardship. I can only hope to live up to the standards that he set. The next five years will take us into a new millenium, an event preceded - in England and Wales at least - by a period of stability, reflection and consolidation in education. Or so we are told - but whether such a self-denying ordinance will actually be maintained by the Government both before and after an election in 1997 remains to be seen. Nevertheless, we shall be thankful for any mercies, however small, that permit forward thinking rather than instant response. One of the things that readers of a journal called Physics Education should be thinking about is the continued decline in the numbers of students studying physics post-16. This is not a purely local phenomenon; most European countries are finding a similar decline. There are exceptions, of course: in Scotland numbers studying physics for Highers are increasing. Is such a decline a good thing or a bad thing? Only a minority of post-16 physics students go on to use the bulk of what they have learned in further studies or vocations. Does a knowledge and understanding of physics contribute to the mental well-being and cultural level - let alone material comfort - of any except those who use physics professionally? Is physics defensible as a contribution to the mental armoury of the educated citizen - compared with chemistry, biology - or Latin, say? Or should one rephrase that last question as `Is physics as we teach it today defensible...?' Such questions, and many others no doubt, may well be in the mind of the new Curriculum Officer appointed by the Institute of Physics `to engage in a wide-ranging consultation throughout the entire physics community on the nature and style of post-16 physics programmes, with a

  2. Stiff fluid spike solutions from Bianchi type V seed solutions

    Science.gov (United States)

    Gregoris, D.; Lim, W. C.; Coley, A. A.

    2017-12-01

    In this paper we expand upon our previous work Coley et al (2016 Class. Quantum Grav. 33 215010) by using the entire family of Bianchi type V stiff fluid solutions as seed solutions of the Stephani transformation. Among the new exact solutions generated, we observe a number of important physical phenomena. The most interesting phenomenon is exact solutions with intersecting spikes. Other interesting phenomena are solutions with saddle states and a close-to-FL epoch.

  3. Debenture Interest Rates

    Data.gov (United States)

    Department of Housing and Urban Development — Interest rates to be paid on debentures issued with respect to a loan or mortgage insured by the Federal Housing Commissioner under the provisions of the National...

  4. Gaps in Political Interest

    DEFF Research Database (Denmark)

    Robison, Joshua

    2015-01-01

    Political interest fundamentally influences political behavior, knowledge, and persuasion (Brady, Verba, & Schlozman, 1995; Delli Carpini & Keeter, 1996; Luskin, 1990; Zukin, Andolina, Keeter, Jenkins, & Delli Carpini, 2006). Since the early 1960s, the American National Election Studies (ANES) ha...

  5. Interest Rates and Inflation

    OpenAIRE

    Coopersmith, Michael

    2011-01-01

    A relation between interest rates and inflation is presented using a two component economic model and a simple general principle. Preliminary results indicate a remarkable similarity to classical economic theories, in particular that of Wicksell.

  6. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  7. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

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

  8. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    depends on the translation strategy chosen. To meet the needs of learners, legal translation dictionaries should be designed as augmented reference tools. Electronic and printed dictionaries should include sections or CD-ROMs with syntactic, translation etc. data as well as exercises and illustrative......Legal translation dictionaries for learners are reference tools that can help users with domain-specific discourse in a foreign language. The most common type is the bilingual law dictionary covering several or all the sub-fields within the general field of law. However, such law dictionaries tend...... strategies. When learners translate legal texts into a foreign language, it is important that their dictionaries can help them produce texts that conform to the expected style. This style requirement may be met by producing translations that use natural and idiomatic language, and really crafted dictionaries...

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

    Directory of Open Access Journals (Sweden)

    Hajdini Bojana

    2017-06-01

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

  10. Law and Economics of Security Interests in Intellectual Property

    NARCIS (Netherlands)

    M. Lin (Min)

    2017-01-01

    markdownabstractWhen the idea of promoting the use of IP as collateral in debt finance as a solution to the R&D external finance problem comes into mind, the most intuitive concerns and practical difficulties are about the commercial and legal risks, and the resulting high transaction costs. With

  11. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

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

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

    textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted

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

    African Journals Online (AJOL)

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

  14. 5 CFR 4101.103 - Prohibited financial interests.

    Science.gov (United States)

    2010-01-01

    ... as all types of preferred and common stock. The term encompasses both current and contingent... employee, or spouse or minor child of a covered employee, from: (1) Investing in a publicly traded or... in the fund; (2) Having a legal or beneficial interest in a qualified profit sharing, retirement, or...

  15. [Temporary disability and its legal implications].

    Science.gov (United States)

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

    2014-03-01

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

  16. Legal control of large technical projects

    International Nuclear Information System (INIS)

    Papier, H.J.

    1981-01-01

    More legal security, acceleration of court procedures, a fair consideration of the interests of the permission recipients, avoidance of any kind of political usurpation, as well as the attempts of judges not to present an amateuriser scientific-technical indepth-knowledge cannot be accomplished via Sporadic appeals with partially para-legal reservedness. This also goes for those frantic attempts to institute socalled ''norm selections'', and for efforts of attempting to influence objective rights by modifying grounds for contestation. What is needed is a legistation that, especially in the area of large industrial plants, exerts appropriate statuatory influence. So far, this has not been the case. It is up to the legislation to define permission standards, have them assessed and judged by experts, and harmonize them with the appropriate procedural rights. If this is done, the power of balance with regards to large industrial plants will be re-established. Curtailment of the lengthy process of official channels must also be considered. If a preliminary administrative procedure is already formalized, a second fact-establishing instance should be waived. (orig./HP) [de

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

    Science.gov (United States)

    Turrini, Paolo

    2014-05-01

    policies for solving the problem of water (and food) security. This is not easy task, of course: many are the fields of law, both at the national and international level, which cross the path of virtual water. This, however, is the very reason why it is important to sketch even briefly a picture where the main legal areas of interest are introduced and their role assessed. My presentation aims at doing right this: a review of all the relevant fields of law - especially international law, which is particularly apt at developing coordinated solutions to the worldwide problem of irrational virtual water flows - in order for the "legal factor" to be taken into account when engaging the challenge of virtual water.

  18. IMPERATIVES OF THE INTERNATIONAL POLITICAL AND LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-08-01

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

  19. 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....

  20. Legal assistance for citizens' action groups

    International Nuclear Information System (INIS)

    Erwe, H.; Uhlenberg, K.P.; Vietor, G.

    1982-01-01

    'Whenever right turns to wrong, it is our duty to offer resistance'. More and more people have come to realize that it is not enough to go to the polls every four years or to commit oneself to working in one party. Politics, administration and industry do follow principles of their own, taking shelter behind self-made factual obligations. However, those concerned have started to go for their own interests, standing up against threats in great things as well as against changes in little things. How to offer legal assistance, what to note when in action and which consequences 'violations of law and order' may have is described in this law guide in a manner easy to understand, and is demonstrated by means of numerous working examples to all those who have become active members of citizens action groups and associations. (orig.) [de

  1. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  2. 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

  3. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

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

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

  4. Towards a Legal Recommender System

    NARCIS (Netherlands)

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

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  5. [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.

  6. Legal Handbook on School Athletics.

    Science.gov (United States)

    National School Boards Association, Alexandria, VA. Council of School Attorneys.

    In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…

  7. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

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

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  8. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

    Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…

  9. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  10. 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"

  11. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  12. Abundância de liquidez e crise financeira em Roma: questões jurídicas e econômicas em torno das taxas de juros na época de Augusto e de Tibério Abundance of currency and financial crisis in Rome: legal and economic issues around interest rates at the time of Augustus and Tiberius

    Directory of Open Access Journals (Sweden)

    Deivid Valério Gaia

    2009-01-01

    Full Text Available Após ter vencido Antônio e Cleópatra na Batalha do Ácio em 31 a.C., Otaviano levou o tesouro dos reis do Egito a Roma, criando uma abundância de riquezas que contribui, consideravelmente, para estabilizar as finanças romanas, públicas e privadas, e que provocou a alta do preço da terra e a baixa das taxas de juros. Durante o Principado de Augusto, a economia romana conheceu um período de equilíbrio financeiro. No entanto, este equilíbrio foi rompido no início da década de 30 d.C. quando, de acordo com os relatos de Tácito, Suetônio e Dion Cássio, eclodiu a primeira crise financeira do Império Romano, crise de inopia nummorum (insuficiência de moedas em circulação, no Principado de Tibério. Partindo do estudo dos autores citados e de uma perspectiva comparativa com outras crises financeiras no Império romano, o meu objetivo neste artigo é de apresentar: na primeira parte, algumas considerações sobre as taxas de juros do fim da República ao Principado; na segunda parte, um quadro geral das questões dos empréstimos de dinheiro e das taxas de juros na época de Augusto; para, na terceira parte, propor uma nova leitura da crise de 33 d.C.After defeating Antony and Cleopatra at Actium in 31 BC, Octovian brought the treasury of Egypt to Rome thus providing an abundance of wealth wich contributed to stabilize both public and private finances. The value of land increased and interest rates fell. During the Augustan Principate, Roman economy went through a period of financial equilibrium. However, this balance was broken in the early 30's AD under Tiberius' Principate when, according to Tacitus, Suetonius and Dion Cassius, the first inopia nummorum (lack of liquidity crisis of the Roman Empire came about. Based on the accounts cited above and a comparative perspective with other financial crises in the Roman Empire, this paper examines issues concerning interest rates from the end of the Republic to the Principate, it presents

  13. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  14. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.

  15. Some Interesting Mathematical Gems

    Indian Academy of Sciences (India)

    Home; Journals; Resonance – Journal of Science Education; Volume 11; Issue 9. Some Interesting Mathematical Gems. V G Tikekar. General Article Volume 11 Issue 9 September 2006 pp 29-42 ... Author Affiliations. V G Tikekar1. c/o Thakar New Mahadwar Road Near Padmaraje School Kolhapur 416006, India.

  16. Report on stakeholder interests

    DEFF Research Database (Denmark)

    Haavik, Trond; Aabrekk, Synnøve; Tommerup, Henrik M.

    countries may be similar to a great extent. The various types of actors in the renovation business occur at different stages in the value chain. The traditional first line services such as carpenters, retail stores, heat pump agents, plumbers, electrician, etc. come in direct contact with the customer when......-stop-shop should offer tailor made services for sustainable renovation of a single family house. This should include the building envelope, insulation, window, materials, heating and ventilation system, and even financing. The one-stop-shop should have the knowhow about competent firms who can offer the additional...... to be that no actor alone possesses an overall competence to supply a holistic solution. Trustworthiness of the actors is another important factor to take into consideration when developing a one-stop-shop solution. The overall threat is the fact that a simple cost focus leads to limited renovation and reduce...

  17. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

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

  18. Legal Effects of Link Sharing in Social Networks

    Directory of Open Access Journals (Sweden)

    Eugenio Gil

    2015-12-01

    Full Text Available Knowledge sharing among individuals has changed deeply with the advent of social networks in the environment of Web 2.0. Every user has the possibility of publishing what he or she deems of interest for their audience, regardless of the origin or authorship of the piece of knowledge. It is generally accepted that as the user is sharing a link to a document or video, for example, without getting paid for it, there is no point in worrying about the rights of the original author. It seems that the concepts of authorship and originality is about to disappear as promised the structuralists fifty years ago. Nevertheless the legal system has not changed, nor have the economic interests concerned. This paper explores the last developments of the legal system concerning these issues.

  19. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

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

  20. Congressional interest and input

    International Nuclear Information System (INIS)

    Donnelly, W.H.

    1985-01-01

    While congressional interest in nonproliferation policy has been evident since the 1940s, the 1970s were propitious for efforts by Congress to exert influence in this sphere. Its suspicions of the executive branch had been stirred by controversies over Vietnam and Watergate at the beginning of the decade; by the end of the decade, Congress was able to curtail the unrestrained freedom of the executive branch to carry out the vaguely stated policies of the Atomic Energy Act of 1954. Congressional nonproliferation interests were further amplified during the decade by pressures from the expanding environmental movement, which included a strong antinuclear plank. This was to bring down the powerful Atomic Energy Commission (AEC). The Energy Reorganization Act of 1974 abolished the AEC and divided its responsibilities between the new Energy Research and Development Administration (ERDA), later to become the Department of Energy (DOE), and the new Nuclear Regulatory Commission

  1. Interesting Questions in Freakonomics

    OpenAIRE

    John DiNardo

    2007-01-01

    Freakonomics is more about "entertainment" than it is a serious attempt at popularization. Consequently, rather than conduct a comprehensive fact check, I use the book as a springboard for a broader inquiry into social science research and take issue with the book's surprising premise that "Economics is a science with excellent tools for gaining answers but a serious shortage of interesting questions." Using examples from Freakonomics , I argue that some of the questions the book addresses ar...

  2. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

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

    2016-01-01

    The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.

  3. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

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

  4. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

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

  5. 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.

  6. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

    the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best......Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs...

  7. Drug product selection: legal issues.

    Science.gov (United States)

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

    2001-01-01

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

  8. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

  9. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  10. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

  11. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

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

  12. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  13. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  14. 36 CFR 1275.14 - Legal custody.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...

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

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

    The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.

  16. 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

  17. Same-Sex Couples: Legal Complexities

    Science.gov (United States)

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

    In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…

  18. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

    In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid

  19. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  20. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...

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

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

    The incumbent provides first-level management of the legal operations in the Office of the Secretary and General Counsel, with particular emphasis on supporting the lawyers, monitoring and coordinating the flow of legal information and workload, conducting basic research including through the use of legal databases, and ...

  2. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...

  3. 33 CFR 327.6 - Legal adviser.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...

  4. 33 CFR 326.5 - Legal action.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...

  5. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose...

  6. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

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

  7. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

    Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

  8. Influence of negative interest rates on endowements and foundations functioning

    Directory of Open Access Journals (Sweden)

    Nikolić Dušan Ž.

    2015-01-01

    Full Text Available Negative interest rate exists in the case when on the basis of the deposit contract a deponent is obliged to pay to a depository (a bank a reimbursement for the money keeping (paying to save. The scientific literature indicates that the legal regulation on endowments and foundations in a vast number of countries is based on the presumption that interest rates cannot be negative and that we are encountering the phenomenon of which we have limited knowledge. The introduction of negative interest rates, thus, could endanger the functioning, if not the subsistence of some endowments and foundations. The vulnerable social groups could, thereby, be especially affected. The Law on Endowments and Foundations of the Republic of Serbia enshrines that the endowments' capital shall not fall under the minimum capital assets of30.000 EUR recalculated in dinars based on the middle exchange rate of the National Bank of Serbia on the day of establishment. Apart from that, a founder may in the Articles of Association determine the minimum value below which the capital assets of endowment may not be reduced, which may not be lower of the minimum assets value set by the Law. In Serbia negative interest rates could aggravate, and throughout the time, even prevent the accomplishment of aims of endowments and foundations which for the operation of their activities may use only the interest yields and not the means of capital assets above the legal minimum. Some endowments could even cease to exist due to the diminishment of their minimum capital assets which entirely consist of the money deposited in the banks. The Article indicates the need for reconsidering the legal norms currently in force and that the transformation of certain legal institutes shall timely commence, whereby their systematic and social functions shall be regarded, as well as the need for introducing a streamlined corrective mechanisms with the aim of protecting interests of the weaker party in

  9. Legal foundations of adaptive licensing.

    Science.gov (United States)

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

    2013-09-01

    In April 2012, MIT's Center for Biomedical Innovation and the European Medicines Agency (EMA) cosponsored a workshop on legal foundations of adaptive pharmaceuticals licensing. Past and present attorneys from the US Food and Drug Administration (FDA), the EMA, and Health Sciences Agency Singapore (HSA) found that existing statutes provided authority for adaptive licensing (AL). By contrast, an attorney from Health Canada identified gaps in authority. Reimbursement during initial phases of adaptive approaches to licensing was deemed consistent with existing statutes in all jurisdictions.

  10. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

    This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.

  11. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

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

  12. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  13. The best interests of the child in cases of migration : Assessing and determining the best interests of the child in migration procedures

    NARCIS (Netherlands)

    Kalverboer, Margrite; Beltman, Daan; van Os, Carla; Zijlstra, Elianne

    2017-01-01

    The best interests of the child principle has a legal base in the United Nations Convention on the Rights of the Child. In 2013, the United Nations Committee on the Rights of the Child published guidelines on the implementation of the best interests of the child in General Comment No. 14. Together

  14. LEGAL

    African Journals Online (AJOL)

    This is because the discounts and rebates offered in the past to some resulted in higher prices for others. But on average, however, prices should drop slightly because the. SEPs are based on figures from last year. DISPENSING FEES. The new law on dispensing fees only comes into effect on. 2 August 2004. Until then ...

  15. Rangifer and human interests

    Directory of Open Access Journals (Sweden)

    David G. Anderson

    2000-03-01

    Full Text Available This article reviews biological and anthropological literatute on wild and tame Rangifer to demonstrate the powerful effect that this species has had on the imaginations of biologists, social scientists and local hunters. Through identifying a general 'human interest' in Rangifer, the author argues that there is great potential for these three communities to work together. To demonstrate this idea, the paper reviews several examples of successful and unsuccessful 'alliances' between local peoples and both natural and social scientists which have had a fundamental impact upon the history of these sciences. The paper examines recent theorerical models which suggest that human action is a major factor in the behaviour and ecology of the animals. The paper also analyses the ideas of many indigenous people for whom there is no categorical difference between semi-domesticated, semi-sedentary and migratory Rangifer through comparison with many 'anomalous' texts in English and Russian language wildlife biology. By reviewing the history of scholarly interest in Rangifer, the author argues that contemporary models of Rangifer behaviour and identity could be 'revitalised' and 'recalibrated' through the establishment of that dialogue between scientists and local peoples which so characterised the 19th century. Such a dialogue, it is argued, would help mediate many of the political conflicts now appearing in those districts where Rangifer migrate.

  16. Participation of a Representative of a Foreign Country in the Procedure of the Legal Proceedings in the Republic of Kazakhstan

    Science.gov (United States)

    Akhmetzakirov, Nail R.; Omarov, Yerbol A.; Mussilimov, Arman Y.

    2016-01-01

    The paper deals with the problem of foreigners' rights and freedoms protection during the criminal procedure in The Republic of Kazakhstan. The comparative analysis of national and international legal framework shows that principles of legal defense of foreigners' interests do not have a practical application. Examining the content of requests on…

  17. 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.

  18. Legal framework for a nuclear program

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

    Introduction of a nuclear program requires the establishment of an adequate legal framework as solutions to the problems posed by the use of nuclear energy are not included in Common Law. As far as Spain is concerned, legislation is capable of dealing with the main problems posed in this field. Spain is a Contracting Party in several International Conventions and participates in International Organizations related to this area and takes their recommendations into account when revising its national legislation. Specific Spanish legislation is constituted by Law 25/1964, of April 29th, on Nuclear Energy, which outlines the legal system regarding nuclear energy, and regulates all aspects which refer to same, from the competent organisms and authorities to the sanctions to be imposed for non-fulfilment of the provisions. In order to offer sufficient flexibility, so that it can be adapted to specific circumstances, the Law's provisions are very ample and development is foreseen by means of regulations. So far, two Regulations have been published: Regulation relating to Coverage of Risk of Nuclear Damage, which refers to Civil Responsibility and its Coverage; and Regulation relating to Nuclear and Radioactive Installations, which refers to the authorization and license system. At the present time, the Regulation relating to Radiation Protection is being elaborated and it will replace the present Radiation Protection Ordinances. In addition to the foregoing, reference is made to others which, although they are not specifically ''nuclear'', they include precepts related to this question, such as the Regulation regarding Nuisance, Unhealthy or Dangerous Industries or some Labor Law provisions [es

  19. Legal issues with wind farm stakeholders

    International Nuclear Information System (INIS)

    Atcheson, A.

    2006-01-01

    Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

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

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

    The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...

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

    Directory of Open Access Journals (Sweden)

    Zymer Tafaj

    2015-03-01

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

  2. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  3. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  4. (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.

  5. Globalization, values, interests

    Directory of Open Access Journals (Sweden)

    Radojičić Mirjana S.

    2003-01-01

    Full Text Available The nature of the international politics, after the Cold War directed by the U.S. as the only current super-power, are considered in the text. The author’s intention is to stress the main points of divergence between moralistic-valuable rhetoric and the foreign policy practice of the U.S. In that sense, the examples of the American stand, i.e. the active treatment of the Yugoslav crisis, on the one hand, and the crisis in the Persian Gulf, on the other hand, is considered. The author’s conclusion is that the foreign policy of the only current super-power is still directed by interests rather then by values. In the concluding part, the author presents an anthropologic argument in favor of reestablishing "balance of power" as the only guarantee for peace and stability of the world.

  6. TESS Objects of Interest

    Science.gov (United States)

    Guerrero, Natalia; Glidden, Ana; Fausnaugh, Michael; TESS Team

    2018-01-01

    We describe the search for TESS Objects of Interest (TOIs), led by the MIT branch of the TESS Science Office (TSO). TSO has developed a tool called TESS Exoplanet Vetter (TEV) to facilitate this process. Individuals independently examine data validation products for each target and assign a category to the object: planet candidate, eclipsing binary, other astrophysical, stellar variability, or instrument noise/systematic. TEV assigns a preliminary follow-up priority designation to each object and allows for modification when final dispositions are decided on in a group setting. When all targets are vetted, TEV exports a catalogue of TOIs which is delivered to the TESS Follow-Up Observing Program (TFOP), working with ExoFOP-TESS, and made publicly available on the official TESS website and the Mikulski Archive for Space Telescopes (MAST).

  7. THE FISCAL ANTI-FRAUD CONTROL. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    Rada POSTOLACHE

    2014-05-01

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

  8. Interest Matters: The Importance of Promoting Interest in Education

    Science.gov (United States)

    Harackiewicz, Judith M.; Smith, Jessi L.; Priniski, Stacy J.

    2018-01-01

    Interest is a powerful motivational process that energizes learning, guides academic and career trajectories, and is essential to academic success. Interest is both a psychological state of attention and affect toward a particular object or topic, and an enduring predisposition to reengage over time. Integrating these two definitions, the four-phase model of interest development guides interventions that promote interest and capitalize on existing interests. Four interest-enhancing interventions seem useful: attention-getting settings, contexts evoking prior individual interest, problem-based learning, and enhancing utility value. Promoting interest can contribute to a more engaged, motivated, learning experience for students.

  9. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

      The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  10. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

    Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.

  11. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

    Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...

  12. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

    Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.

  13. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

    Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...

  14. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

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

    1988-01-01

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

  15. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

    This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.

  16. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

    Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.

  17. A Public Health Framework for Legalized Retail Marijuana Based on the US Experience: Avoiding a New Tobacco Industry.

    Directory of Open Access Journals (Sweden)

    Rachel Ann Barry

    2016-09-01

    Full Text Available Rachel Barry and Stanton Glantz argue that a public health framework that prioritizes public health over business interests should be used by US states and countries that legalize retail marijuana.

  18. Public-private partnership: between legal requirements and the real needs

    Directory of Open Access Journals (Sweden)

    Sergiu CORNEA

    2012-12-01

    Full Text Available The overview image of the public-private partnership is represented by cooperation between the public and private actors to carry out the activities of public interest, cooperation based on the capacities of each partner to allocate properly the resources, risks and benefits. The main elements of the institutional framework are established by the national legislation. The traditional domains for the development of the partnerships are necessary at the national level and for infrastructure. The increasing tendency toward decentralization of the provision of services introduces a lot of public-private opportunities like health, education and other social services in the non-traditional areas, as well. The study analysis presents the idea of partnership as a means of solving the problem of more and more limited resources which are at the disposal of public administration. The quality of legal framework and government policies for the development of partnerships gives to this way of cooperation, either the quality of strategy in the public policies, which purpose is to obtain greater benefits by combining the resources of those two sectors, or the limited solution to the re-launch of the economy and to meet the general interest.

  19. 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.

  20. ICPD: in whose interest?

    Science.gov (United States)

    Shiva, M

    1994-06-01

    The International Conference on Population and Development (ICPD) is set for September 1994. Arms control and control of military interests are as crucial as population control. The expenditure on the military and arms should go to social measures and true socioeconomic development. Women are leading the movement against war and towards peace. Women make up 70% of current refugees of ethnic conflicts. The conquest of free trade with little or no restriction and globalization trends forces developing countries to accept nonessential luxury items which tend to be irrational, hazardous consumer articles and technologies from industrialized countries. The privileged elite in developing countries and the industrialized countries overconsume, while the basic needs of the poor majority are not being met. The rich view the poor as a global threat and a threat for environmental degradation. They believe that free trade will solve all problems, yet it only marginalizes the poor and the vulnerable. The pattern of overconsumption is the threat. The poor are characterized as demons responsible for the population explosion. Women are angry that population control policies are attempts to control women's fertility. Specifically, most contraceptive technologies and most family planning programs target women. Male responsibility is ignored. Religious fundamentalists tell women not to become pregnant, not to use contraception, and not to seek abortion, yet they allow male sex behavior, e.g., sexual violence. This attitude leaves women vulnerable to unwanted pregnancies, sexually transmitted diseases, and AIDS. Developing countries should be concerned about chapter III on Population, Environment, and Development in the ICPD text. Most countries, including India, have formed a consensus on this chapter. The Vatican and some Latin American countries have objections, however. The meeting in Cairo will likely continue to promote the view that the fertility of women in developing

  1. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  2. 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.

  3. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

    The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.

  4. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

    Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.

  5. Minors and Sexting: Legal Implications.

    Science.gov (United States)

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

    2016-03-01

    Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.

  6. Legal aspects of E-HEALTH.

    Science.gov (United States)

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  7. Legal aspects of financing Canadian offshore oil and gas developments

    International Nuclear Information System (INIS)

    Green, J.M.; Hudec, A.J.

    1992-01-01

    A review is presented of the significant legal considerations involved in structuring, negotiating, and documenting commercial financing of a Canadian offshore oil and gas production facility. Emphasis is placed on the Hibernia Project in the Newfoundland offshore as an example, and more specifically the $450 million bank financing completed in November 1991. The legal framework governing offshore production financing in this case was complex, due to the project's location in international waters on the continental shelf. Complex intergovernmental arrangements have been implemented between Canada and Newfoundland to govern the offshore area and regulate the project. An agreement called the Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments. Certain other acts were enacted or extended for application to the offshore area. The CNOPB administers a registry system for transfers and security interests in offshore licenses. Security interests including property are ensured by the Hibernia Act, which makes Newfoundland's existing security interest regime applicable to the offshore. The project owners are operating Hibernia as a joint venture, and the structure of project financing and inter-creditor arrangements is examined. The competing security interest of project lenders and non-defaulting participants is discussed, along with assignment of priorities on the security in case of default

  8. Legal and scientific scrutiny of forensic 'sciences' and 'experts'

    International Nuclear Information System (INIS)

    Metz, H.O.E.

    2002-01-01

    Full text: Traditional areas of forensic science, such as, handwriting and fingerprint examinations and the newer sciences such as molecular biology are increasingly being scrutinized and challenged by the legal and scientific communities. These older forensic disciplines are targets for critics and skeptics as they are not founded on the traditional sciences but have rather an empirical basis and are supported by what may be considered quasi-validated data. This paper discusses in broad terms the basis of these legal and scientific attitudes and the various solutions to overcoming these negative perceptions. Werner Heisenberg (1901-1976; German physicist) 'An Expert is someone who knows some of the worst mistakes that can be made in his subject and who manages to avoid them'. (author)

  9. [The victim as object of the medico-legal intervention].

    Science.gov (United States)

    Magalhães, Teresa

    2005-01-01

    We present a reflection about the victim as the object of the medico-legal intervention, that opens perspectives not only to the evidence research (as a techno-scientific contribute to support Justice in what concerns bio-psycho-social questions), but also to the support of victims which, in a last analysis, is no more than another aspect of this the social contribution of this science to ensure the best interest of the victim. This reflection aims to contribute to a better knowledge of the victim in his/her various perspectives. Accordingly, during the exposition, we refer some contributes of Victimology towards the understanding of the victims' behaviour's. Afterwards, we focus on the problems related to the aetiologies (with a particular reference to trauma), levels and consequences (physical, psychological and socio-economical) of victimization, as well as the methodologies of victims approach, medico-legal evaluation and reparation. Considering victims as being not only those who suffer directly the consequences of the victimizing phenomena, but also those that suffer from it indirectly and even secondarily, we shall approach the topic regarding both perspectives. We highlight the importance of understanding the victim as a person, not just understanding him/her confined to the organic aspect (as it used to be until recently in certain fields of medico-legal intervention, and as it still happens due to some legal obligations, for instance in the Labour Law), but considering the person in a global way (body, capacities, life situations and subjectivity). In conclusion, we highlight the importance of this topic to the medico-legal mission, while taking part in various multidisciplinary interventions and being involved in strategies and measures which purpose is to prevent violence, promote safety, avoid secondary victimization and revictimization as well as guarantee the victims' protection and reintegration, in a work attitude that should happen, even more and

  10. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

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

  11. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

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

  12. Medical confidentiality versus disclosure: Ethical and legal dilemmas.

    LENUS (Irish Health Repository)

    Agyapong, V I O

    2009-02-01

    A case is described of a fifty year old single man who made disclosures about criminal sexual practices during a psychiatric assessment. In common practice with other professional men, a doctor is under a duty not to disclose, without the consent of his patient, information which he has gained in his professional capacity other than in exceptional circumstances. We discuss the ethical and legal considerations surrounding issues of medical confidentiality and the dilemma that sometimes face clinicians, when they feel obliged, in the public interest, to disclose information they have gained in confidence. Breach of confidences can have deleterious consequences; particularly for the doctor-patient relationship, but failure to disclose in some situations could have serious implications for the well-being of the wider society. Doctors should be aware of the basic principles of confidentiality and the ethical and legal framework around which they are built.

  13. Federal Agency Scientific Integrity Policies and the Legal Landscape

    Science.gov (United States)

    Kurtz, L.

    2017-12-01

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

  14. Legal questions surrounding hunger strikes by detainees and prisoners.

    Science.gov (United States)

    Strauss, S A

    1991-01-01

    The 'right to die' is not of an absolute character but is subject to definite qualification. There are legal and social interests reflecting profound ethical values which militate against an absolute right on the part of a prisoner to die by means of a hunger strike. The declared policy of the South African authorities is that a prisoner who resorts to a hunger strike may not be subjected to force-feeding. This is in accordance with the 1975 Tokyo Declaration. Unfortunately the Declaration is silent on the question of whether a doctor may provide medical treatment once a hunger striker has reached the point where he is no longer capable of rational thought. In this article it is submitted that a doctor would be legally entitled to do so.

  15. 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

  16. [Scientific evidence on the legalization of abortion in Mexico City].

    Science.gov (United States)

    Gayón-Vera, Eduardo

    2010-03-01

    On April 24 2007, abortion before 12 weeks became legal in Mexico City. The arguments for this decision were: diminish the maternal morbidity and mortality, avoid a "severe health problem" and accomplish the women's physical, mental and social well being. To analyze the scientific evidences that support or reject this arguments. Retrospective study realized by bibliographic search of electronic data basis and Internet portals of interested groups. Mexico is considered by the World Health Organization, one of the countries in the world with low maternal mortality rates (drug abuse, alcoholism, child abuse, low birth weight in the following pregnancy, greater risk of subsequent miscarriage and greater mortality rate. There are no scientific evidences to support the arguments used for the legal approval of abortion in Mexico City.

  17. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2012-01-01

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

  18. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

    This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...

  19. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

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

  20. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

    The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...

  1. Denial of abortion in legal settings

    OpenAIRE

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

    2014-01-01

    Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...

  2. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

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

    2017-01-01

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

  3. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  4. Ten Guidelines for Translating Legal Texts

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2017-12-01

    Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.

  5. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

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

  6. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

    Full Text Available Legal training of medical workers is an urgent problem that must be solved in order to improve the comprehensive process of teaching students at the Ukrainian medical schools. An example of implementation the initial stage of legal training for medical students based on existing training programs, within existing departments is described in this article. The acquisition of the primary skills for students in fi nding and selecting the legal documents and the ability to navigate skillfully in the chosen material is the result of the introduction of legal content information systemsinto the studying curriculum.

  7. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  8. Attitudes towards drug legalization among drug users.

    Science.gov (United States)

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

    Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.

  9. Internet advertising and its legal aspects

    OpenAIRE

    Petrova, Evgeniia

    2015-01-01

    The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i

  10. International Legal Concept of Environmentally Sustainable Cities

    Directory of Open Access Journals (Sweden)

    Mikhail N. Kopylov

    2015-12-01

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

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

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

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

  12. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

    This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities

  13. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

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

  14. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

    Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.

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

    Directory of Open Access Journals (Sweden)

    Bačanović Oliver

    2008-01-01

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

  16. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

    Directory of Open Access Journals (Sweden)

    Muthanna Samara

    2017-11-01

    Full Text Available Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK. Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

  17. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

    Science.gov (United States)

    Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K.; Morsi, Hisham

    2017-01-01

    Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour. PMID:29186780

  18. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment.

    Science.gov (United States)

    Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K; Morsi, Hisham

    2017-11-24

    Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

  19. Conflict of interests, vested interests and health research.

    Science.gov (United States)

    Little, M

    2000-11-01

    This paper examines conflict of interest as it may arise in the activities of research advisory committees and ethical review committees. It distinguishes between vested interests and true conflict of interest. It also examines the ways in which stakeholdings differ from vested interests and conflicting interests differ from conflicts of interest. It explores the overlapping terrain of corruption and conflict of interest. The paper further examines the ways in which scientists, communities and the subjects of medical research all have legitimate stakeholdings in medical research. Each group thus has differently vested interests in the outcomes of the research. The vested interests of medical scientists are particularly complex because scientists have moral commitments to the welfare of patients that may compete with professional and personal interests in the outcome of research performed on those patients as research subjects. The more these interests diverge, the more opportunity will arise for conflict of interest. These observations have implications for the constitution of research advisory and ethical review committees, and the ways in which their discussions are conducted. Some practical help with protocols of discussion can be gained from philosophical and management writings.

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

    African Journals Online (AJOL)

    Enrique

    Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...

  1. 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…

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

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

    The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…

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

    Directory of Open Access Journals (Sweden)

    Kim Economides

    2012-12-01

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

  4. Ex ante and ex post control of the public interest in public-private partnership agreements

    Directory of Open Access Journals (Sweden)

    Ćirić Aleksandar

    2016-01-01

    implementing the agreement as well as an effective control of such implementation (ex post methodological aspect. PPP agreements should provide a mechanism for adjusting their contents to changed circumstances, i.e. the social, legal and economic context which pervades the preparation, implementation and realization of the specific PPP project. Among other factors, this flexibility rests on mutual trust and cooperation of the contracting parties. Ultimately, in the context of control over exercising the public interest, the methodological approach of the PPP agreement essentially lies in preventing the public partner to succumb to the temptation of adopting the simplest available solution. Instead, it is necessary to clearly define the expectations which the public body as a title-holder of public interest has in regard of specific PPP projects, and to limit the responsibility of the public actor. The success of a PPP agreement in each particular case depends on the extent to which the agreement provides for adequate treatment of these presumptions.

  5. [[Selected legal aspects related to medical practice].

    Science.gov (United States)

    Szewczyk, M

    1998-01-01

    The question of the physician's liability, both that of civil as well as penal law nature--is always emotionally approached. Dynamic development of medical and biological sciences as well as technics is the cause of progress but it also gives rise to the increase of hazards or abuses in medical therapy. If we speak of the therapeutic intervention being originally legal we mean that it is carried out in compliance with the principles of medical art. In such circumstances, even though the intervention resulted in negative effects, the intervening physician cannot be made penally liable. Civil law liability, in its turn, may have either ex contractu or ex delictu basis. When the general prerequisites of this kind of liability are present, the intervening physician (Art. 353 or 415 of Civil Code) or the State Treasury (Art. 417 of Civil Code) may be made liable for causing damage, joint and several liability of the physician and the Treasury being also possible (Art. 420 of Civil Code). The carrying out of therapeutic intervention without the law required consent of the patient may lead--on the basis of Polish law--to the physician's civil law liability for the infringement of the patient's personal interests even though the intervention ended in success (Articles 23 and 24 of Civil Code). From the point of view of Polish penal law such situation may cause the physician's penal liability for the offence against freedom (Art. 192 of Penal Code). The euthanatic homicide should be, and in Polish law, is an offence. Considering the potential abuses arising from making the euthanasia legal, penal law whose major function is that of the guarantee nature, must ensure safeguards vis-à-vis life to the utmost limit. Polish Legislator shows, however, full understanding of the extremely difficult and conflict-generating situation in which the individual committing euthanatic homicide may find himself. Hence, in section 2 of Art. 150 of Penal Code the Legislator declared that "in

  6. 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

  7. On Experiments in Empirical Legal Research

    NARCIS (Netherlands)

    van den Bos, K.; Hulst, Liesbeth

    In this paper we discuss some strengths, stumbling blocks, common mistakes, and controversial issues that can be important when conducting experiments in the legal domain. To this end, we first briefly introduce the experimental method and note some of its strengths when used in legal research

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

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

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

    African Journals Online (AJOL)

    Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...

  10. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

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

    2016-01-01

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

  11. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

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

  12. The legal personality of TNC: the issues

    Directory of Open Access Journals (Sweden)

    Suleimanov M.R.

    2017-03-01

    Full Text Available the article describes different approaches in definition of transnational corporation’s legal personality. The reviewed approaches have become available for the last fifty years and they contain completely opposite views on the legal personality of TNC. The methods of analyze, synthesis, ranging have been used during preparation of this article.

  13. Extracting legal arguments from forensic Bayesian networks

    NARCIS (Netherlands)

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

    2014-01-01

    Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with

  14. 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....

  15. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

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

  16. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

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

    2000-01-01

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

  17. Legalizing the Intolerable Is a Bad Idea.

    Science.gov (United States)

    Hawley, Richard A.

    1991-01-01

    History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…

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

    Science.gov (United States)

    Gasaway, Laura N.

    1998-01-01

    Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…

  19. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    This article deals with the project on legal terminology in the African languages. It focuses on terminology aspects relating to the coining of terms for the legal profession. Terminology development in South Africa has been hampered by a number of sociolinguistic factors. During recent years South Africa has seen ...

  20. 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...

  1. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

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

  2. The internationalization of law and legal education

    CERN Document Server

    Sellers, Mortimer; Sellers, Mortimer

    2013-01-01

    The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.

  3. 14 CFR 1203.100 - Legal basis.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...

  4. 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...

  5. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  6. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT STATEMENTS OF GENERAL POLICY OR INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or...

  7. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    However, its application in legal research could pose specific challenges to researchers and could impact on crucial aspects of .... electronic media channels. Rather, they emphasise that legal research ..... to the changing information environment and to exercise control over the digital tools and resources. This involves ...

  8. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.

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

    African Journals Online (AJOL)

    Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...

  10. SUSTAINABLE, ECONOMIC, SOCIAL AND LEGAL COORDINATES OF HUMAN WITH NATURE AND WITH OTHERS

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2016-09-01

    Full Text Available Because man is a natural and social being at the same time, the imperatives of protection, conservation and sustainable development of the environment are related to both man’s relationship with nature, of which he is an integral part, and to his relationships with the others concerning the natural elements. The purpose of this article is to point out in a historical perspective, the political, economic and legal measures through which can be provided and, if necessary, redressed the balance and the harmony between human being’s interests and life needs and the need for health, protection and conservation of the Earth. The political, economic, legal strategies concern the state and the plurality of legal concepts that it can establish and maintain: the domestic law, the international legal order and the community order.

  11. Interprofessional Medical-Legal Education of Medical Students: Assessing the Benefits for Addressing Social Determinants of Health.

    Science.gov (United States)

    Pettignano, Robert; Bliss, Lisa; McLaren, Susan; Caley, Sylvia

    2017-09-01

    Screening tools exist to help identify patient issues related to social determinants of health (SDH), but solutions to many of these problems remain elusive to health care providers as they require legal solutions. Interprofessional medical-legal education is essential to optimizing health care delivery. In 2011, the authors implemented a four-session didactic interprofessional curriculum on medical-legal practice for third-year medical students at Morehouse School of Medicine. This program, also attended by law students, focused on interprofessional collaboration to address client/patient SDH issues and health-harming legal needs. In 2011-2014, the medical students participated in pre- and postintervention surveys designed to determine their awareness of SDH's impact on health as well as their attitudes toward screening for SDH issues and incorporating resources, including a legal resource, to address them. Mean ratings were compared between pre- and postintervention respondent cohorts using independent-sample t tests. Of the 222 medical students who participated in the program, 102 (46%) completed the preintervention survey and 100 (45%) completed the postintervention survey. Postintervention survey results indicated that students self-reported an increased likelihood to screen patients for SDH issues and an increased likelihood to refer patients to a legal resource (P education into undergraduate medical education may result in an increased likelihood to screen patients for SDH and to refer patients with legal needs to a legal resource. In the future, an additional evaluation to assess the curriculum's long-term impact will be administered prior to graduation.

  12. Protecting multi-party privacy in location-aware social point-of-interest recommendation

    KAUST Repository

    Wang, Weiqi

    2018-04-04

    Point-of-interest (POI) recommendation has attracted much interest recently because of its significant business potential. Data used in POI recommendation (e.g., user-location check-in matrix) are much more sparse than that used in traditional item (e.g., book and movie) recommendation, which leads to more serious cold start problem. Social POI recommendation has proved to be an effective solution, but most existing works assume that recommenders have access to all required data. This is very rare in practice because these data are generally owned by different entities who are not willing to share their data with others due to privacy and legal concerns. In this paper, we first propose PLAS, a protocol which enables effective POI recommendation without disclosing the sensitive data of every party getting involved in the recommendation. We formally show PLAS is secure in the semi-honest adversary model. To improve its performance. We then adopt the technique of cloaking area by which expensive distance computation over encrypted data is replaced by cheap operation over plaintext. In addition, we utilize the sparsity of check-ins to selectively publish data, thus reducing encryption cost and avoiding unnecessary computation over ciphertext. Experiments on two real datasets show that our protocol is feasible and can scale to large POI recommendation problems in practice.

  13. Native Americans' Interest in Horticulture.

    Science.gov (United States)

    Meyer, Mary Hockenberry

    1999-01-01

    Focus groups arranged by local Native American Master Gardeners on two Minnesota reservations determined community interest in extension-horticulture programs. Topics of interest included food preservation and historical Native-American uses of plants. (SK)

  14. 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.

  15. Ethical and legal aspects of global tobacco control.

    Science.gov (United States)

    Novotny, T E; Carlin, D

    2005-08-01

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

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

    Science.gov (United States)

    Farhana

    2018-01-01

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

  17. Upper secondary students’ situational interest:

    DEFF Research Database (Denmark)

    Dohn, Niels Bonderup

    2013-01-01

    interest was investigated by a descriptive interpretive approach, based on data from classroom and field trip observations, video recording, and interviews. The findings provided evidence that substantial situational interest can be generated during a fieldtrip to a zoo. Students’ interest was triggered...

  18. Ethics in the Legal and Business Practices of Radiation Oncology.

    Science.gov (United States)

    Wall, Terry J

    2017-10-01

    Ethical issues arise when a professional endeavor such as medicine, which seeks to place the well-being of others over the self-interest of the practitioner, meets granular business and legal decisions involved in making a livelihood out of a professional calling. The use of restrictive covenants, involvement in self-referral patterns, and maintaining appropriate comity among physicians while engaged in the marketplace are common challenges in radiation oncology practice. A paradigm of analysis is presented to help navigate these management challenges. Copyright © 2017 Elsevier Inc. All rights reserved.

  19. Legal Issues of A Surrogacy Contract Based on Iranian Acts

    Directory of Open Access Journals (Sweden)

    Amir Pirouz

    2011-06-01

    Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

  20. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

    Over the past 15 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation born of these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final decision to phase out the civil use of nuclear power in Germany by 31 December 2022 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-faces themselves. Finally, a degree of legal uncertainty still surrounds not only the as yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany's phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy. (author)

  1. Legal control of technical large-scale projects

    International Nuclear Information System (INIS)

    Kuhnt, D.

    1981-01-01

    The principle derived from experience that large projects require approval by the courts may not longer be valid. On the contrary, the courts are only entitled to real legal control according to the principle of the division of powers. If not accurately defined legal terms cannot be waived, the administration has to set the frame for review by courts by technical standards to be given in statutory ordinances, administrative provisions and administrative instructions. The average term of administrative proceedings has to be shortened considerably. The plaintiff as well as the beneficiaries of the act of licensing have a right to a prompt decision. The immediate execution of a decision can, on principle, also not be waived in future. More than up to now, the careful consideration of the interests and not an anticipated judgement on the main issue has to be the subject of legal examination according to section 80, subsection 5 of the German code of administrative procedure (Verwaltungsgerichtsordnung). (orig./HP) [de

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

    Directory of Open Access Journals (Sweden)

    Kushwah, Shivpal Singh

    2016-09-01

    Full Text Available Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM, and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

  3. DRONE OPERATORS – LEGAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2016-06-01

    Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.

  4. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  5. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.

  6. Disciplinary values in legal discourse: a corpus study

    Directory of Open Access Journals (Sweden)

    Ruth Breeze

    2011-04-01

    Full Text Available The last 20 years have seen increasing interest in the way in which meaning is made in different professional and academic disciplines. Central to this issue is the notion of disciplinary values, that is, qualities which define what is prized or stigmatised by different professional communities. In the present paper, the notion of disciplinary values is used to examine the way legal writers communicate meaning in different genres. To this end, six adjective/adverb sets which have a prominent place in legal discourse (“clear/ly”, “important/ly”, “reasonable/ly”, “appropriate/ly”, “correct/ly” and “proper/ly” are identified. Their collocates and semantic preferences are studied in four 500,000-word corpora consisting of texts from the area of commercial law: academic journal articles, case law, legislation, and legal documents. Although the frequency and use of “clear/ly” and “important/ly” appear not to differ greatly from those found in other corpora of written and academic written texts such as the British National Corpus (BNC and the British Academic Written English corpus (BAWE, “reasonable/ly”, “appropriate/ly”, “correct/ly” and “proper/ly” were found to be salient in some or all of the subcorpora. The reasons for this are then analysed within the framework of disciplinary values. These words appear to convey attributes that have particular importance in the legal profession, reflecting disciplinary values that cross the boundaries between various written genres.

  7. 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.

  8. REQUEST FOR EXPRESSIONS OF INTEREST For Study on ...

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

    sbickram

    2012-01-12

    Jan 12, 2012 ... Submissions should quote “Expression of Interest – Assessing Barriers and Solutions for Climate. Change ... To address an area of common interest between IDRC and the DBSA, individuals/teams with a strong .... To develop an inventory and outline a strategy that would help researchers working on.

  9. Legal regulation of the production and trade of medical devices and medical equipment in the EU and US: experience for Ukraine.

    Science.gov (United States)

    Pashkov, Vitalii; Kotvitska, Alla; Harkusha, Andrii

    2017-01-01

    The need for effective legal regulation of production and sale of medical products in Ukraine due to its social effect is obvious and requires a high level of clarity. The experience of more advanced countries in this area, given the way chosen by Ukraine to harmonize our laws with EU legislation, is certainly could be a useful source of information. The urgency of issues need further intensification of national legal reforms. Some key points on concept of legal regulation of abovementioned sphere is a base of this study. Legislation of Ukraine, European Union, United States of America, Guidelines, developed by European Commission & Food and Drug Administration's (FDA), recommendations represented by international voluntary group and scientific works. This article is based on dialectical, comparative, analytic, synthetic and comprehensive research methods. This study provide a possibility to state that main difference of regulatory systems in EU and US is that the legal framework of the EU is more flexible. This flexibility is grounded on main principle that only basic quality requirements for medical devices is defined by legislative acts however more detailed requirements are defined in standards, technical regulations, specifications, which are discretionary in nature. Contractors are free to choose any technical solution that provides compliance with the essential requirements, they can choose among different conformity assessment procedures and between accredited conformity assessment bodies to which they want to apply. The contractors themselves is interested to pass the conformity assessment procedure and have the right to put a conformity mark on their medical device because it will give them a real competitive advantage. In contrast, US State regulatory system provides strict control over business entities and law act establishes the quality requirements of medical products. The only body that can authorize the introduction of medical products and perform

  10. 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

  11. Review of: Legal practice and cultural diversity

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2010-01-01

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

  12. 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....

  13. " 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.

  14. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

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

  15. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

  16. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

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

  17. Legal Response to Child Abuse and Neglect: Assessment, Treatment, and Prevention.

    Science.gov (United States)

    Plum, Henry J.

    1991-01-01

    Recommendations are made for improving the existing child protection system by consideration of children as legal persons, parental duty instead of parental rights, and the state's duty. Solutions involve recognizing what works, developing political astuteness, marketing child protective services as a business, balancing centralization and…

  18. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  19. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  20. Interest Organizations across Economic Sectors

    DEFF Research Database (Denmark)

    Berkhout, Joost; Carroll, Brendan; Braun, Caelesta

    2015-01-01

    on the basis of political and economic institutional factors. Focusing on business interest representation, we show that economic institutions structure the ‘supply’ of interest organizations by affecting the number of potential constituents, the resources available for lobbying and the geographical level......The number of interest organizations (density) varies across policy domains, political issues and economic sectors. This shapes the nature and outcomes of interest representation. In this contribution, we explain the density of interest organizations per economic sector in the European Union...... of collective action of businesses. In contrast, we do not find consistent evidence that political institutions produce ‘demand’ for interest organizations by making laws, developing public policy or spending money. This is in contrast to the extensive evidence that such factors affect lobbying practices...

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

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1980-06-01

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

  2. Legal Limitations on Public Pension Plan Reform. Conference Paper 2009-08

    Science.gov (United States)

    Monahan, Amy B.

    2009-01-01

    There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This paper presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Several states have legal protections that effectively prevent a state…

  3. Which Positive Integers are Interesting?

    Indian Academy of Sciences (India)

    Keywords. Interesting positive integers; idoneal numbers; Carmichael numbers; Wieferich primes; Mersenne primes; Fermat primes; Bernoulli numbers; Kaprekar constant; Skewes constants; look-and-say sequence; Graham's constant.

  4. Management of interest rate risk

    Directory of Open Access Journals (Sweden)

    Šabović Šerif

    2014-01-01

    Full Text Available Interest rate risk is one of the biggest and most dangerous risks that a bank is exposed to. When a change of interest rates occurs, the incomes of a bank based on credits and securities endure significant changes. Banks resources also endure some changes. The change of interest rates changes the value of the assets and liabilities of the bank and it's net and investment worth . The change of interest rates also affects bank's balance sheet, income sheet statement and bank's share capital.

  5. Disclosing conflicts of interest in clinical research: views of institutional review boards, conflict of interest committees, and investigators.

    Science.gov (United States)

    Weinfurt, Kevin P; Friedman, Joëlle Y; Dinan, Michaela A; Allsbrook, Jennifer S; Hall, Mark A; Dhillon, Jatinder K; Sugarman, Jeremy

    2006-01-01

    Strategies for disclosing investigators' financial interests to potential research participants have been adopted by many research institutions. However, little is known about how decisions are made regarding disclosures of financial interests to potential research participants, including what is disclosed and the rationale for making these determinations. We sought to understand the attitudes, beliefs, and practices of institutional review board chairs, conflict of interest committee chairs, and investigators regarding disclosure of financial interests to potential research participants. Several themes emerged, including general attitudes toward conflicts of interest, circumstances in which financial interests should be disclosed, rationales and benefits of disclosure, what should be disclosed, negative effects of and barriers to disclosure, and timing and presentation of disclosure. Respondents cited several rationales for disclosure, including enabling informed decision making, promoting trust in researchers and research institutions, and reducing legal liability. There was general agreement that disclosure should happen early in the consent process. Respondents disagreed about whether to disclose the amounts of particular financial interests. Clarifying the goals of disclosure and understanding how potential research participants use the information will be critical in efforts to ensure the integrity of clinical research and to protect the rights and interests of participants.

  6. [Abortion in Colombia. Medical, legal and socioeconomic aspects].

    Science.gov (United States)

    Umaña, A O

    1973-01-01

    Abortion is a social problem and criminal sanctions are very ineffective in limiting it and are seldom applied (133 legal actions vs. 65,600 cases of induced abortion in 1965). Abortion is a social disease, as are prostitution, juvenile delinquency, drug abuse, and so far has been an insoluble problem. Colombian laws should be modified to reflect reality. Sex education must be emphasized, because ignorance is one of the main causes of abortion. Leniency should be applied toward women who cooperate with the authorities in identifying the person who performed an abortion. Legalization of abortion and enforcement of strict laws against it are considered as possible solutions, but both are rejected. The former is regarded as morally unacceptable and as imposing an excessive burden on scarce health services, the latter as even worse, imposing an equivalent burden on the court system, without s olving either health or social problems. The best and probably only solution is to improve education in family planning, to promote knowledge and motivation to enable the population to make sound and responsible decisions.

  7. LEGAL TREATMENT IN THE MANAGEMENT OF FOREST RESOURCES

    Directory of Open Access Journals (Sweden)

    Dãnescu Tatiana

    2013-07-01

    Full Text Available Forestry plays a significant role in both our country’s and global economy. Any entity, in the present case, forest entity, must operate under specific legislation and its own status. In this respect, the conduct of activities within the entities should be based on appropriate national and/or international legislation that represents the base line in linking the entities’ interests with the objective requirements of economy. Thus, in establishing a legal framework to correspond to activity development of each type of society, a variety of regulations have been drafted along with repealing or modifying others. Currently, economic legislation comprises a wide range of regulations which are projected on the ways in which activity is developed within the forest entities and not only. Regulations in force, besides highlighting the forest entities’ interests, also include all precautions in the conduct of forestry activities in ungrounded ways and the emergence of some adverse events.

  8. Traceability and change in legal requirements engineering

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.; Winkels, R.

    2010-01-01

    While isomorphism of knowledge representation has been recognized as important, particularly to maintenance in legal knowledge representation, the requirements of the maintenance process in general get less attention. Traceability from knowledge resources used in the organization to the sources of

  9. Managing Legal Texts in Requirements Engineering

    Science.gov (United States)

    Otto, Paul N.; Antón, Annie I.

    Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.

  10. 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

  11. Legal education for scientists at Fall Meeting

    Science.gov (United States)

    Uhlenbrock, Kristan

    2012-10-01

    In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.

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

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.

  13. 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 institutes — legal 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.

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

    International Nuclear Information System (INIS)

    Knops, H.

    2008-01-01

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

  15. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

    Science.gov (United States)

    Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

    2016-01-01

    The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  16. What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

    Directory of Open Access Journals (Sweden)

    Heather eMann

    2016-02-01

    Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

  17. Privacy and legal issues in cloud computing

    CERN Document Server

    Weber, Rolf H

    2015-01-01

    Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.

  18. Legal scenario in burn care in India

    OpenAIRE

    Shah Atul

    2010-01-01

    Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...

  19. Using Comics to Communicate Legal Contract Cancellation

    OpenAIRE

    Marietjie Botes

    2017-01-01

    This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose...

  20. 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...

  1. 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.

  2. 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...

  3. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

  4. " 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...

  5. Arbitral sentence and its legal nature Sentença arbitral e a sua natureza jurídica

    Directory of Open Access Journals (Sweden)

    Rozane da Rosa Cachapuz

    2005-12-01

    Full Text Available The arbitration is instrument of solution of conflicts of interests that involve available patrimonial rights, having for bedding the will of parts and the State authorization, here it is that instituted for the Law nº 9,307 of 23 of September of 1996. The study it deals with its more excellent act, carrying through a more refined analysisof the aspects of special award in its legal nature. Objective to demystify the legal nature of the award when analyzing the theory of the judicial sentence and apply it in the institute of the arbitration, everything objectifying to establish the contours of the legal nature of the award, in order to locate it in the legal system and to facilitate its understanding. It concludes demonstrating the intensity of identification between the award and judicial, on the basis of the study made on its identification and differentiated, extracted elements of the analysed thematic sources.A arbitragem é instrumento de solução de conflitos de interesses que envolvam direitos patrimoniais disponíveis, tendo por fundamento a vontade das partes e a autorização estatal, eis que instituído pela Lei nº 9.307 de 23 de setembro de 1996. O estudo trata de seu ato mais relevante, realizando uma análise mais apurada dos aspectos da sentença arbitral em especial sua natureza jurídica. Objetiva desmistificar a natureza da sentença arbitral ao analisar a teoria da sentença judicial e aplicá-la ao instituto da arbitragem, verificando sua adequação e pertinência teórica; tudo objetivando estabelecer os contornos da natureza jurídica da sentença arbitral, de modo a localizá-la no ordenamento jurídico e facilitar sua compreensão. Conclui demonstrando a intensidade de identificação entre a sentença arbitral e judicial, com base no estudo feito sobre seus elementos identificadores e diferenciados, extraídos das vertentes temáticas analisadas.

  6. Monitoring Financial Conflict of Interest

    Science.gov (United States)

    Hickson, Lorraine

    2016-01-01

    Conflict of interest is heavily intertwined with research. The purpose of this study was to examine the literature and regulations in order to describe efforts required to properly monitor and disclose conflict of interest as researchers become steadily involved in innovation and discovery. The public assumes that when a conflict is disclosed, it…

  7. Fostering Children's Interests in Gardening

    Science.gov (United States)

    Lekies, Kristi S.; Sheavly, Marcia Eames

    2007-01-01

    Despite the rapidly growing interest in children's gardens and attention to the positive benefits of gardening for children, little is known about the ways in which young people actually form interests in gardening. Using a sample of 9- and 10-year-old children at a school garden site in New York State, this study examined the ways in which…

  8. Medication interest in pregnant women

    Directory of Open Access Journals (Sweden)

    Rok Antolič

    2011-12-01

    Medication interest is comparable to literature data: relatively high for acute problems, relatively low for iron supplementation and extremely low for preventative folic acid intake. As to our knowledge, we were the ones to introduce the term »medication interest« into professional literature in Slovenia.

  9. 76 FR 38717 - Interest Rates

    Science.gov (United States)

    2011-07-01

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  10. 75 FR 60152 - Interest Rates

    Science.gov (United States)

    2010-09-29

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  11. 76 FR 18821 - Interest Rates

    Science.gov (United States)

    2011-04-05

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  12. 75 FR 81326 - Interest Rates

    Science.gov (United States)

    2010-12-27

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  13. 78 FR 39434 - Interest Rates

    Science.gov (United States)

    2013-07-01

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  14. 75 FR 37872 - Interest Rates

    Science.gov (United States)

    2010-06-30

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  15. 76 FR 77581 - Interest Rates

    Science.gov (United States)

    2011-12-13

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  16. 77 FR 20476 - Interest Rates

    Science.gov (United States)

    2012-04-04

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  17. 77 FR 39560 - Interest Rates

    Science.gov (United States)

    2012-07-03

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  18. 77 FR 76586 - Interest Rates

    Science.gov (United States)

    2012-12-28

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  19. 78 FR 18664 - Interest Rates

    Science.gov (United States)

    2013-03-27

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  20. 78 FR 62932 - Interest Rates

    Science.gov (United States)

    2013-10-22

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  1. 75 FR 17453 - Interest Rates

    Science.gov (United States)

    2010-04-06

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  2. 77 FR 59447 - Interest Rates

    Science.gov (United States)

    2012-09-27

    ... SMALL BUSINESS ADMINISTRATION Interest Rates The Small Business Administration publishes an interest rate called the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan...

  3. Comprehensive legal aid to the participants in criminal proceedings when applying security measures

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

    Full Text Available Legal assistance to the participants in criminal procedure is represented as a complex phenomenon, including the features of international legal assistance, qualified legal assistance, as well as the activities of public authorities in criminal proceedings and professional lawyers (attorneys, advocates, representatives to assist physical and legal persons to protect, safeguard and realize their rights and interests. Legal assistance in case of threat to life, health, rights of participants in criminal proceedings is considered. The activity of certain subjects of criminal proceedings aimed at explaining the rights of crime victims is analyzed. The grounds for applying security measures are determined. Proposals for improving part 3 of article 11 of the RF Criminal Procedure Code are made: “3. In case there is a threat of causing physical, property, moral damage or other harm prohibited by criminal law to rights and legitimate interests of the victim, witness or other participants in criminal proceedings as well as their close relatives, relatives or close persons, the court (judge, the prosecutor, the head of the investigative agency, the investigator, the preliminary investigation agency take security measures, provided by part 9 of article 166, part 2 of article 186, part 8 of article 193, paragraph 4 of part 2 of article 241 and part 5 of article 278 of this Code as well as other security measures provided by the RF legislation, in respect of those persons within twenty-four hours on the basis of these persons’ written (oral statement or on their own initiative within their competence”.

  4. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  5. Legal Aspects In Stroke Management

    Directory of Open Access Journals (Sweden)

    Reza Hajmanouchehri

    2017-02-01

    Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient

  6. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

    The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it

  7. Interest Organisations and European Integration

    DEFF Research Database (Denmark)

    Pedersen, Ove K.

    . The paper focuses exclusively on the national policy processes that are involved with managing European Union (EU) issues. More specifically, this paper discusses two aspects of multi-level governance. First is the important role of private interests in the coordination of decision making at the national...... level preceding their government's representation of national interests in the European Council of Ministers and other EU organizations. Second is the effect of all this on national democratic systems.......This paper examines the influence of European integration on the relationship between state administration and private interests in the four Nordic countries - Sweden, Denmark, Norway and Finland. By private interests I mean interest organizations, private corporations and independent experts...

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

    Science.gov (United States)

    Bennett, Elizabeth L

    2015-02-01

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

  9. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    OpenAIRE

    Boom, Willem

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one hand, and malicious protraction, procrastination and rejection of valid claims, on the other hand. Therefore, it is interesting to find that European legal systems diverge considerably in their stance...

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

    Directory of Open Access Journals (Sweden)

    Haik Nikogosian

    2016-12-01

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

  11. The Accounting Profession: Serving the Public Interest or Capital Interest?

    OpenAIRE

    Mary A Kaidonis

    2008-01-01

    As an integral facet of society, the accounting profession has a role in the State and thecorporate sector, and is also expected to serve the public interest. The capacity for theAustralian accounting profession to serve the public interest is considered in the context oflegislation and the accounting standard setting process. Specific reference is made to theCLERP Act 1999 and ASIC Act 2001. It is argued that the combined effect of these Acts is tolegislate bias so that accounting standards ...

  12. 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.

  13. JURIDICAL REGIME OF THE INTEREST IN THE ROMANIAN LAW. PARTICULAR CASE. COMPARISON BETWEEN THE REGULATIONS OF THE REMUNERATORY INTEREST VERSUS THE PENALIZING INTEREST, IN THE ROMANIAN BANKING LAW

    Directory of Open Access Journals (Sweden)

    Silvia Lucia Cristea

    2015-11-01

    Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.

  14. On exact solutions of the Bogoyavlenskii equation

    Indian Academy of Sciences (India)

    Abstract. Exact solutions for the Bogoyavlenskii equation are studied by the travelling wave method and the singular manifold method. It is found that the linear superposition of the shock wave solution and the complex solitary wave solution for the physical field is still a solution of the equation of interest, except for a ...

  15. Viscosity Solution

    OpenAIRE

    Camilli, Fabio; Prados, Emmanuel

    2011-01-01

    International audience; Viscosity solution is a notion of weak solution for a class of partial differential equations of Hamilton-Jacobi type. The range of applications of the notions of viscosity solution and Hamilton-Jacobi equations is enormous, including common class of partial differential equations such as evolutive problems and problems with boundary conditions, equations arising in optimal control theory, differential games, second-order equations arising in stochastic optimal control...

  16. Legal problems inherent in the development of geopressured and geothermal resources in Louisiana. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Harrell, T.A.; Pike, R.W.; Wilkins, B.; Hill, T.M.

    1978-03-01

    The legal framework within which the geopressured resource will have to be developed in Louisiana is discussed generally. Those problems which may be created by its development within that framework are identified. Where possible, solutions are offered to those problems or at least techniques or devices are indicated which might be considered in their resolution. Finally, a compendium is assembled of those statutory or regulatory provisions which may regulate or affect the resource to the end that it might serve as a handbook for the evaluation of the legal and institutional problems which will face a prospective developer, when and if the resource development is undertaken in Louisiana. (MHR)

  17. Conflict of interest in biomedical research: a view from Europe.

    Science.gov (United States)

    Salvi, Maurizio

    2003-01-01

    In this paper I address the conflict of interest (CoI) issue from a legal point of view at a European level. We will see that the regulatory framework that exists in Europe does state the need for the independence of ethics committee involved in authorisation of research and clinical trials. We will see that CoI is an element that has to be closely monitored at National and International level. Therefore, Member States and Newly Associated States do have to address CoI in the authorisation process of research and clinical protocols of biomedicine.

  18. Denial of abortion in legal settings.

    Science.gov (United States)

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

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  19. Legal implications surrounding adolescent health care decision-making in matters of sex, reproduction, and gender.

    Science.gov (United States)

    Beh, Hazel G; Pietsch, James H

    2004-07-01

    This article focuses on the thorny and evolving legal issues and implications of health care decision-making for children and adolescents in matters of gender, sexual identity, sexual conduct, and reproduction. In treating minors, health care professionals increasingly experience competing duties and responsibilities to their patient, the parents or guardians, and to the state. This article gives health care professionals a foundation for understanding the legal concepts of adolescent health care decision-making and provides an approach for balancing the potential competing interests of these stakeholders while complying with professional standards,the law, and their own ethical and moral convictions.

  20. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    This perspective article, which has is cuyrrently undergoing peer review by the medical journal “Personalized Medicine”, deals with the legal aspects of biobanking and points towards the concerns, interest, and choices that should be considered when establishing and operating a biobank. It focuses...... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  1. Aharon Barak’s Legal Ideology in the Context of European Constitutionalism

    Directory of Open Access Journals (Sweden)

    Bieliauskaitė Jolanta

    2017-06-01

    Full Text Available The EU lacks the legal ideology as a social instrument that could satisfy the spirit of liberal democracy and would help to consolidate different societies to a solid European demos. Although the existence of an ideological system alone does not guarantee social consensus, it helps to manage dissension within the limits of particular values and norms. It is because a legal ideology provides the structure for social thought that individuals and social groups are able to interpret the nature of emerging conflicts and the interests they support.

  2. Conflict of interests and social stability in the field of labour relations

    Directory of Open Access Journals (Sweden)

    Jovanović Predrag

    2013-01-01

    Full Text Available Labour relations are characterized by strong (existential conflict of interest between the employee and the employer. Therefore, labour relations must represent a legal term of the balance of interest of its entities, in order to be stable and have perspective. In other words, there is reciprocity of rights and obligations of the entities in labour relations. However, the employer is a stronger party, both legally and factually. The traditional task of labour law is to mitigate that legal and factual inequality of the employee and the employer to the extent necessary to ensure social security of employees and the employer himself, and social milieu and stability of the society as a whole. To this effect, appropriate limitations of the employer's authority are incorporated into the labour relations and appropriate principles for the operation of the system of labour relations are determined.

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

    Directory of Open Access Journals (Sweden)

    Cornelius Hagenmeier

    2016-07-01

    doctrinal legal method, it analyses and evaluates the rules governing the admission of foreign attorneys in South Africa from two perspectives. First, it considers them in the light of the international law obligations of the country and second it evaluates whether or not they comply with the South African Constitution, and more specifically with the Bill of Rights entrenched in the South African Constitution. While the new legislation may assist in ensuring the compliance of South Africa with the relevant GATS rules, it will depend on the regulations which still have to be promulgated to what extent the new legal framework will achieve the full compliance of South Africa with all relevant GATS rules. The paper concludes with recommendations for the reform of the Legal Practice Act. It argues that while the requirement to be a South African permanent resident in order to qualify for admission as an attorney may be justifiable in terms of GATS and in terms of South African constitutional law, it is not in South Africa's best interest to retain it. Consequently, the paper calls for the repeal of the permanent residence requirement for admission as an attorney in the county.

  4. Developing Legal Terminology in African Languages as Aid to the ...

    African Journals Online (AJOL)

    This study deals with legal language, the bridging of communication problems in a legal setting by especially court interpreters, and difficulties these legal linguists may experience in this endeavour. Some word-forming principles are discussed and examples are given of typical multilingual coinages in the legal profession.

  5. 45 CFR 400.115 - Establishing legal responsibility.

    Science.gov (United States)

    2010-10-01

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

  6. 20 CFR 222.33 - Relationship resulting from legal adoption.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal adoption...

  7. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

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

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

    African Journals Online (AJOL)

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

  9. 45 CFR 505.2 - Persons under legal disability.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 3 2010-10-01 2010-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other person...

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

    Science.gov (United States)

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

    2016-01-01

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

  11. The Enigmatic but Unique Nature of the Israeli Legal System ...

    African Journals Online (AJOL)

    In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system). Keywords: Israeli legal system, Israeli Supreme Court, legal systemics, ...

  12. Legal aid for victims in criminal proceedings in Portugal

    OpenAIRE

    Costa Ramos, Vânia

    2014-01-01

    The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).

  13. Legal ethics, rules of conduct and the moral compass ...

    African Journals Online (AJOL)

    Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly ...

  14. Legal pluralism and social justice in economic and political development

    NARCIS (Netherlands)

    Benda-Beckmann, von F.

    2001-01-01

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

  15. 42 CFR 57.1511 - Opinion of legal counsel.

    Science.gov (United States)

    2010-10-01

    ... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

  16. 5 CFR 582.202 - Service of legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as...

  17. Credit, usury and interest loans

    Directory of Open Access Journals (Sweden)

    Nicola Lorenzo Barile

    2010-06-01

    Full Text Available This review article provides a brief introduction to the issues of interest loans and usury in the Middle Ages as well as a systematic description of the bibliographic sources and electronic resources.

  18. Interests diffusion in social networks

    Science.gov (United States)

    D'Agostino, Gregorio; D'Antonio, Fulvio; De Nicola, Antonio; Tucci, Salvatore

    2015-10-01

    We provide a model for diffusion of interests in Social Networks (SNs). We demonstrate that the topology of the SN plays a crucial role in the dynamics of the individual interests. Understanding cultural phenomena on SNs and exploiting the implicit knowledge about their members is attracting the interest of different research communities both from the academic and the business side. The community of complexity science is devoting significant efforts to define laws, models, and theories, which, based on acquired knowledge, are able to predict future observations (e.g. success of a product). In the mean time, the semantic web community aims at engineering a new generation of advanced services by defining constructs, models and methods, adding a semantic layer to SNs. In this context, a leapfrog is expected to come from a hybrid approach merging the disciplines above. Along this line, this work focuses on the propagation of individual interests in social networks. The proposed framework consists of the following main components: a method to gather information about the members of the social networks; methods to perform some semantic analysis of the Domain of Interest; a procedure to infer members' interests; and an interests evolution theory to predict how the interests propagate in the network. As a result, one achieves an analytic tool to measure individual features, such as members' susceptibilities and authorities. Although the approach applies to any type of social network, here it is has been tested against the computer science research community. The DBLP (Digital Bibliography and Library Project) database has been elected as test-case since it provides the most comprehensive list of scientific production in this field.

  19. Reflections from the Jury Box: Improving Evidence Based Practice through a Comparison with Our Legal System

    Directory of Open Access Journals (Sweden)

    Valerie Coppenrath

    2017-08-01

    Full Text Available Background: An experience serving jury duty prompted reflection on the parallels between evidenced based medicine and our legal system. Findings: The steps of the legal system can be tied to each step of the practice of evidenced based medicine. Implications: Patients should be included in evidence based decisions. Pharmacists can act as resources for other providers practicing evidenced based medicine. Educators can use this analogy to teach evidence based medicine. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received, employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties.   Type: Commentary

  20. The Accounting Profession: Serving the Public Interest or Capital Interest?

    Directory of Open Access Journals (Sweden)

    Mary A Kaidonis

    2008-12-01

    Full Text Available As an integral facet of society, the accounting profession has a role in the State and thecorporate sector, and is also expected to serve the public interest. The capacity for theAustralian accounting profession to serve the public interest is considered in the context oflegislation and the accounting standard setting process. Specific reference is made to theCLERP Act 1999 and ASIC Act 2001. It is argued that the combined effect of these Acts is tolegislate bias so that accounting standards privilege the specific needs of holders of capital,that is capital interest. The assumption that capital markets are surrogate for the publicinterest is contested. Accordingly, if the accounting profession follows national objectives tosupport capital markets, it may undermine its role in serving society.