Boer, A.; van Engers, T.
To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,
Benda-Beckmann, von F.
This paper examines the ways in which law, legal knowledge and power become involved in social interaction. Any such interaction takes place within and is constrained and enabled by actual and imagined "power fields", constituted by configurations of relations of autonomy and dependence. Legally
Dijkstra, Jacob; Breuker, J.; Leenes, R.; Winkels, R.
This paper gives an overview of my PhD study into the persuasiveness of (legal) knowledge-based systems'. The results of three experiments show the possible problems that may arise when computerised legal decision aids are put into practice. The users in the experiments had great difficulties with
González Vélez, Ana Cristina; Jaramillo, Isabel Cristina
Abstract In May 2006, Colombia’s Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman’s health or life; and (3) fetal malformations incompatible with life. Immediately following the court’s ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision’s implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa’s strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a “pedagogical effect” insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa’s choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge. PMID:28630545
Rivera Izabal, L M
In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.
Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre
The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.
Larsen, Aase Voldgaard
In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult...... legal terms or other contents to their clients orally, instead of doing it in writing within the frames of the legal contract. The lawyers who choose to explain the legal contents orally have several reasons for doing so, but in my paper, I will argue that this form of mediation causes certain problems...
Yamada, Ikuya; Sato, Motoki; Shindo, Hiroyuki
This paper describes our approach for the triple scoring task at the WSDM Cup 2017. The task required participants to assign a relevance score for each pair of entities and their types in a knowledge base in order to enhance the ranking results in entity retrieval tasks. We propose an approach wherein the outputs of multiple neural network classifiers are combined using a supervised machine learning model. The experimental results showed that our proposed method achieved the best performance ...
Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.
Leenes, R.E.; Svensson, Jorgen S.; Hage, J.C.; Bench-Capon, T.J.M.; Cohen, M.J.; van den Herik, H.J.
In this paper we investigate the relation between legal knowledge-based systems and large-scale computer networks such as the Internet. On the one hand, researchers of legal knowledge-based systems have claimed huge possibilities, but despite the efforts over the last twenty years, the number of
Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A
With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published
Online law dictionaries based on traditional linguistic and text linguistic approaches do not fully satisfy the needs for help lawyers, students and professional translators have in specific types of situation. This state of affairs can be remedied by re−assessing the practical and theoretical...... foundations of online dictionaries in light of the technical options available for online information tools combined with modern lexicographic principles. The above discussion indicates that the legal database is a repository of structured data serving online dictionaries that search for data in databases...... or specific legal matters in cognitive situations. The theoretical foundation and practical implications of this type of online law dictionaries enable lexicographers to make dictionaries that satisfy the needs of lawyers, students and translators for practical information tools....
Letizia Gioa Monda
Full Text Available Both inside and outside theatre, body work is the first and principle aspect of work on the ‘self’. It is the first inescapable step in the path toward the aware action which in theatre is the “action in perception”, i.e. thinking-in-movement. This aware thought involves the whole background of the person. It is an action that arises only when the person is present and at the same time dynamically involved entirely in the environment: it is the perceptual consciousness that integrates the planning of the action with the execution of the same action. “Thinking-in-movement” is a dynamic process that is not possible to be codified: it is a language that asks to be experienced in order to be able to be understood and learned. Therefore, what is the Score? Is it a concept, a method of movement, or a digital tool? Perhaps it is each one of these things. The Score is an indispensable algorithm to read the dance that the human writes in order to obtain information, transfer them and so continue in the evolution of the body knowledge. The Score is the medium in which the human being structured tensions are shaped: i.e., an alternative site to understand the potential instigation of the human body and the organization of his residual actions. In this article I will read the score like a crystal: metaphor of the shaped dynamism innate in the expressive movement. I will explain how this crystal is the necessary channel to make sure the choreographic counterpoint can show up during the live performance. I will explore what this means for the choreographers involved in Motion Bank - William Forsythe, Deborah Hay, Jonathan Burrows and Matteo Fargion - analyzing the somatic connections between their dance-making and the score-creation.
Full Text Available Human knowledge of the polar region is a unique blend of Western scientific knowledge and local and indigenous knowledge. It is increasingly recognized that to exclude Traditional Knowledge from repositories of polar data would both limit the value of such repositories and perpetuate colonial legacies of exclusion and exploitation. However, the inclusion of Traditional Knowledge within repositories that are conceived and designed for Western scientific knowledge raises its own unique challenges. There is increasing acceptance of the need to make these two knowledge systems interoperable but in addition to the technical challenge there are legal and ethical issues involved. These relate to ‘ownership’ or custodianship of the knowledge; obtaining appropriate consent to gather, use and incorporate this knowledge; being sensitive to potentially different norms regarding access to and sharing of some types of knowledge; and appropriate acknowledgement for data contributors. In some cases, respectful incorporation of Traditional Knowledge may challenge standard conceptions regarding the sharing of data, including through open data licensing. These issues have not been fully addressed in the existing literature on legal interoperability which does not adequately deal with Traditional Knowledge. In this paper we identify legal and ethical norms regarding the use of Traditional Knowledge and explore their application in the particular context of polar data. Drawing upon our earlier work on cybercartography and Traditional Knowledge we identify the elements required in the development of a framework for the inclusion of Traditional Knowledge within data infrastructures.
Elizabeth R. Neil
on their SoMe accounts, breaching HIPAA. The majority of respondents have had formal education on HIPAA regulations (n=115, 78.2%. On the knowledge assessment, Respondents correctly scored 7.7±1.9 out of 12 possible points (mean score=59.2±14.5%. Conclusions: Respondents lacked the appropriate knowledge regarding HIPAA and Health Information Technology for Economic and Clinical Health (HITECH Act regulations, and application of this knowledge within SoMe. Future research should focus on educational interventions of technology advancements for safe and legal practice as an AT.
Emejulu, Jkc; Nkwerem, Spu; Ekweogwu, O C
Glasgow Coma Scale (GCS) is the most commonly used tool in assessing comatose patients. It is simple, easily communicable, and useful in prognostication and determination of the treatment modality in head injury. Unfortunately, a high percentage of clinicians who are not in the emergency or neurological services are not conversant with this life-saving tool. The objective of this study was to assess the level of knowledge of GCS among physicians practicing in a tertiary institution in South-East Nigeria, and to evaluate the call for a new and simpler scoring system. This study was carried out using the instrument of a structured-questionnaire in Nnamdi Azikiwe University Teaching Hospital Nnewi, a federal government tertiary health institution in South-East Zone of Nigeria, which is a 350-bed facility employing about 550 medical doctors of different cadres. A total of 139 questionnaires were distributed to the doctors practicing in the institution who consented to participating in the study. The questionnaires were completed at the point of their administration and completed questionnaires were retrieved on the spot, and data were collated, and analyzed with the Statistical Package for Social Sciences, SPSS version 17.0. Statistical significance was calculated with the chi square, P ≤ 0.5. The modal age group was 20-30 years 66 (48%), and most were resident doctors 99 (66.2%). One week prior to the questionnaire distribution, 56 (42.1%) had been actively involved in emergency care of patients, and 41 (30%) could not recall what GCS stood for. Medical and house officers showed a better knowledge of GCS. There was a poor knowledge of GCS among a good number of physicians practicing in our setting and hence, continuing medical education on GCS is strongly advocated.
Full Text Available To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China.A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience.Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time among prosecutors.The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.
Jiang, Lina; Luo, Dahua
To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China. A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience). Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress) were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time) among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time) among prosecutors. The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.
Barnie, Bernard Asamoah; Forson, Paa Kobina; Opare-Addo, Mercy Naa Aduele; Appiah-Poku, John; Rhule, Gyikua Plange; Oduro, George; Adu-Sarkodie, Yaw; Donkor, Peter
Health care delivery in recent times has become more complicated, as patients expect health personnel to not only provide professional services but be accountable as well. It is thus imperative that health personnel are aware of their responsibility to the patient and also sensitive to medico legal issues if quality health care is to be assured. The aim of the study was to assess the knowledge and perception of health care workers on their training in ethics, confidentiality and medico-legal issues. It was expected that the results would inform policy on the training of the health workers. A cross-sectional survey was conducted among some categories of health workers (Doctors, Nurses and Health care assistants) at the Accident and Emergency directorate of Komfo Anokye Teaching Hospital, Ghana. A self-administered questionnaire was used to elicit information on ethics, confidentiality and medico- legal issues. Data collected was analyzed using SPSS version 16. A total of 103 health care workers were enrolled on the study representing 96% response rate. The study revealed that 74% had knowledge on ethics, confidentiality and medico- legal concepts; and 35.4% of the respondents indicated that health workers attitudes to ethics, confidentiality and medico- legal concepts was inadequate. About 28.3% indicated that their attitudes were good while 26.3% indicated attitudes were adequate with only 2% indicating that attitudes were very good. Nearly, 49% of the respondents also indicated that training on medico-legal issues should be taught during formal training and also on-the-job. Knowledge of health workers on ethics confidentiality and medico-legal issues is high and their perceptions are positive. However, regular training to update their knowledge will be necessary in order to ensure continuous improvement of the quality of health care delivery.
Tang, Yi Shin
This article explores a few alternatives to the traditional legal and economic theories regarding the problem of global dissemination of knowledge and technology to developing countries. In particular, it examines three cases in which the classical notion of intellectual property rights seems...
de Bruin, Hugo; Prakken, Henry; Svensson, Jorgen S.; Bench-Capon, Trevor J.M.; Daskalopulu, Aspassia; Winkels, Radboud
In recent years, practical applications of legal knowledge-based systems have become increasingly common. This raises the issue of their functioning in practice and their actual influence on the quality of decisions. In this paper we investigate to what extent incorrect decisions may be caused by
Ioan I, GĂF-DEAC
Full Text Available This paper deals with the management of welfare maximization problems about New Economy etween knowledge and risk. Integrative systemic perspectives are analyzed between knowledge economy and risk. Also describes the prerequisites for formalization utilitarian jurisprudence regarding integrative systems outlook for the economy between knowledge and risk. In this context, it is estimated that in management, economics and law may be formalized utilitarian jurisprudence. Freedom and efficiency of governance, distribution of rights and obligations regarding registration report completes the study of phase between freedom of cyber-space and legal normativity.
Background: Adolescent girls constitute a vulnerable group particularly in India where menstruation is still regarded as something dirty and messy. The cultural and social influences appear to be hurdle for advancement of knowledge of the subject. This results in adverse health outcomes in these adolescent girls.
Jun 14, 2017 ... practices followed during menstruation are of immense importance as it has a health impact in terms of increased vulnerability to ... Aim: a) To assess and compare the knowledge regarding menstruation in rural and urban adolescent girls. b) To associate the findings ..... social media and school teachers.
Akpak Yaşam Kemal
Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.
d' Aspremont, J.; van den Herik, L.
This paper reflects upon the rise of new tools of production and dissemination of knowledge about law as well as their impact on the dynamics and the nature of the profession of legal scholar. Taking the contemporary international legal scholarship as a case-study, it discusses potentially dramatic
Zheng, Zheng; Merz, Kenneth M
We describe a novel knowledge-based protein-ligand scoring function that employs a new definition for the reference state, allowing us to relate a statistical potential to a Lennard-Jones (LJ) potential. In this way, the LJ potential parameters were generated from protein-ligand complex structural data contained in the Protein Databank (PDB). Forty-nine (49) types of atomic pairwise interactions were derived using this method, which we call the knowledge-based and empirical combined scoring algorithm (KECSA). Two validation benchmarks were introduced to test the performance of KECSA. The first validation benchmark included two test sets that address the training set and enthalpy/entropy of KECSA. The second validation benchmark suite included two large-scale and five small-scale test sets, to compare the reproducibility of KECSA, with respect to two empirical score functions previously developed in our laboratory (LISA and LISA+), as well as to other well-known scoring methods. Validation results illustrate that KECSA shows improved performance in all test sets when compared with other scoring methods, especially in its ability to minimize the root mean square error (RMSE). LISA and LISA+ displayed similar performance using the correlation coefficient and Kendall τ as the metric of quality for some of the small test sets. Further pathways for improvement are discussed for which would allow KECSA to be more sensitive to subtle changes in ligand structure.
Amparo Montalvo Prieto
Full Text Available Objective. This article sought to describe knowledge, attitudes, and practices regarding the use of legal and illegal substances by nursing students from Cartagena (Colombia. Methodology. This was a descriptive study conducted on a probabilistic sample of 689 students matriculated in three nursing programs. The study used the Predisposing Factors instrument associated to the use of psychoactive substances by Cepeda, Aldana, and Ossío. Results. The mean age of the participants was 20.5 years, 91.9% were women, 92.4% belonged to socio-economic levels 1 to 3, 87.5% were single. Of the 12 psychoactive substances (PAS consulted, eight were considered by over 90% of the students as harmful to health. A total of 94% considered that the brain is the organ most affected by drug consumption. The students considered production (80.4%, trafficking (79.4%, and use of substances (80.0% as problems of great importance; and they agreed with investing financial resources for prevention, rehabilitation, and follow-up programs for the population affected (89.1%. They expressed that use of PAS is mainly influenced by friends (26.9% and by family problems (26.7%. The highest life prevalence of legal PAS use were: alcohol (77.6% and cigarettes (17.6%; along with marihuana for illegal PAS use (1.8%. Conclusion. Knowledge of nursing students on legal and illegal PAS is not satisfactory, although they have favorable attitudes for their prevention and control. Use of PAS by the students, although not of great magnitude, is a problem deserving attention from organisms in charge of university welfare programs. Curricular contents should be enhanced on the phenomenon of PAS use of future nursing professionals.
Ferrari, Carlos K B; Savazzi, Kamirri; Honorio-França, Adenilda C; Ferrari, Graziele S L; França, Eduardo L
Viral and non-viral hepatitis are of great concern among developing nations because of their pathogenicity and virulence, and also their wide spreading by contaminated blood, food or water. The objective of this work was to evaluate the knowledge about hepatitis of academic students from three life/health sciences courses and also students from the last year of high school To measure the students' knowledge on hepatitis an instrument containing 22 questions was applied. Surprinsingly, it was verified that 41.9% of students had poor knowledge of viral hepatitis. Among the high school students, 31.8% ignored that viral hepatitis are infectious and transmissible diseases. Considering hepatitis symptomatology, just 18% of high school students declared knowledge of the symptons, but none of those cited the ictericia. Among the academic students, 75.9% of nursing students had adequate knowledge of hepatitis, followed by pharmacy (51.3%), and biology students (18.2%). Nursing students had also higher scores of right answers regarding viral hepatitis and chronic disease. On contrary, biology and high school students had poor knowledge of that matter (37% and 44.5%, respectively). Less than 15% of nursing and pharmacy students did not know that viral hepatitis are sexually transmissible, whereas 78.6% of the 3rd year and 52.4% of the 4th year biology course ignored the sexual transmission of viral hepatitis. Still considering the same question, 54.5% of the high school students also ignored that viral hepatitis are sexually transmitted diseases. Important conclusions can be drawn from this study, since the higher hepatitis knowledge scores were found among nursing students, followed by pharmacy academics. However, biology students, which will serve as high school teachers, had poor and insufficient knowledge on hepatitis. This finding could explain the same poor disease knowledge among high school pupils.
Quinn, Jamie M.; Wagner, Richard K.; Petscher, Yaacov; Lopez, Danielle
The present study followed a sample of first-grade (N = 316, M[subscript age] = 7.05 at first test) through fourth-grade students to evaluate dynamic developmental relations between vocabulary knowledge and reading comprehension. Using latent change score modeling, competing models were fit to the repeated measurements of vocabulary knowledge and…
Steele, Melita Z; Shackleton, Charlie M
It is well recognised that local ecological knowledge is an important facet of natural resource management in rural regions of the developing world. However, techniques to assess levels and to integrate it into formal or informal management approaches require further development. In particular, quantitative tools are missing, which would allow more robust analysis of the factors that positively or negatively affect local ecological knowledge and vice versa. This paper reports on a quick assessment approach that provides a quantitative score of generalist local ecological knowledge at the household level. It does so by comparing responses to the knowledge of local people identified as experts within the community. In this way it is both locally constructed and contextualized, and thereby avoids pitfalls of trying to score local ecological knowledge relative to conventional scientific knowledge which frequently cannot account for local constructs. The approach is applied at eight villages throughout the savanna biome in South Africa. Copyright 2010 Elsevier Ltd. All rights reserved.
Luíza Valéria de Abreu Maia
Full Text Available This study evaluated the ethical and legal conducts of orthodontists regarding the professional/patient relationship, documentation used and degree of knowledge on the professional liability during the exercise of their specialty. This study sought to assess whether the time since graduation of the dentist as an expert interfered with their knowledge degree about the dental professional liability. The object population of the present study consisted of 56 dental surgeons, specialized in orthodontics, from the city of Belo Horizonte, Minas Gerais State, Brazil. The research was carried out using a survey addressed to these professionals, and descriptive statistics of the data. Chi-square test was used to check independence between factors and comparisons of proportions. 100% interviewed professionals request orthodontic documentation prior to the start of treatment; 71.5% request final documentation; 91% professionals affirmed they file this documentation; however, only 21.4% keep records for over 20 years; and most professionals (86% use some sort of contract at the start of treatment, and a small percentage (30.4% regard the liability of orthodontists as objective. It can be concluded that the interviewed professionals should acquire a higher level of knowledge regarding the professional liability and current legislation involving dental surgeons.
Afhami, Narges; Bahadoran, Parvin; Taleghani, Hamid Reza; Nekuei, Nafisehsadat
Induced abortion is an important medical issue. Knowledge and attitude of midwives regarding legal and religious commandments on induced abortion can be useful in confronting this issue. The aim of this study was to assess the knowledge and attitudes of midwives of Isfahan regarding these rules and to find their relationship with demographic characteristics. This was a cross-sectional, descriptive, and analytical study. The study participants consisted of 189 midwives working in hospitals, health centers, private gynecology clinics, and university. Random quota sampling method was used. Data were collected using a researcher-made questionnaire. Data were analyzed using mean, frequency distribution tables, Pearson correlation, and Spearman's coefficient. For all tests, an error of less than 0.05 was considered. The majority of the participants had extremely low to moderate (73%) knowledge about the subject of the study. Their attitudes toward effective implementation of these rules were mostly extremely weak to moderate (68.72%). No correlation was observed between knowledge, age, work experience, and education. However, there was a relationship between the level of knowledge about these rules and the location of service. There was no significant correlation between attitude and demographic characteristics. Due to less knowledge of the midwives and their low attitude score in this regard, training them, improving their attitude toward these issues, and effective implementation of these laws are necessary. Therefore, by identifying the factors affecting the formation of attitudes and the level of knowledge, more constructive proceedings can be taken to promote them.
Quinn, Jamie M; Wagner, Richard K; Petscher, Yaacov; Lopez, Danielle
The present study followed a sample of first-grade (N = 316, Mage = 7.05 at first test) through fourth-grade students to evaluate dynamic developmental relations between vocabulary knowledge and reading comprehension. Using latent change score modeling, competing models were fit to the repeated measurements of vocabulary knowledge and reading comprehension to test for the presence of leading and lagging influences. Univariate models indicated growth in vocabulary knowledge, and reading comprehension was determined by two parts: constant yearly change and change proportional to the previous level of the variable. Bivariate models indicated previous levels of vocabulary knowledge acted as leading indicators of reading comprehension growth, but the reverse relation was not found. Implications for theories of developmental relations between vocabulary and reading comprehension are discussed. © 2014 The Authors. Child Development © 2014 Society for Research in Child Development, Inc.
Full Text Available Kristina A Monteiro, Paul George, Richard Dollase, Luba Dumenco Office of Medical Education, The Warren Alpert Medical School of Brown University, Providence, RI, USA Abstract: The use of multiple academic indicators to identify students at risk of experiencing difficulty completing licensure requirements provides an opportunity to increase support services prior to high-stakes licensure examinations, including the United States Medical Licensure Examination (USMLE Step 2 clinical knowledge (CK. Step 2 CK is becoming increasingly important in decision-making by residency directors because of increasing undergraduate medical enrollment and limited available residency vacancies. We created and validated a regression equation to predict students’ Step 2 CK scores from previous academic indicators to identify students at risk, with sufficient time to intervene with additional support services as necessary. Data from three cohorts of students (N=218 with preclinical mean course exam score, National Board of Medical Examination subject examinations, and USMLE Step 1 and Step 2 CK between 2011 and 2013 were used in analyses. The authors created models capable of predicting Step 2 CK scores from academic indicators to identify at-risk students. In model 1, preclinical mean course exam score and Step 1 score accounted for 56% of the variance in Step 2 CK score. The second series of models included mean preclinical course exam score, Step 1 score, and scores on three NBME subject exams, and accounted for 67%–69% of the variance in Step 2 CK score. The authors validated the findings on the most recent cohort of graduating students (N=89 and predicted Step 2 CK score within a mean of four points (SD=8. The authors suggest using the first model as a needs assessment to gauge the level of future support required after completion of preclinical course requirements, and rescreening after three of six clerkships to identify students who might benefit from
Huxster, Joanna K.; Uribe-Zarain, Ximena; Kempton, Willett
A survey covering the scientific and social aspects of climate change was administered to examine U.S. undergraduate student mental models, and compare knowledge between groups based on major and environmental group membership. A Knowledge Score (scale 0-35, mean score = 17.84) was generated for respondents at two, central East Coast, U.S.…
Vermeulen, Joeri; Swinnen, Eva; D'haenens, Florence; Buyl, Ronald; Beeckman, Katrien
to explore women's preferences with regard to their preferred health professional during labour and childbirth in case of an uncomplicated pregnancy, and to gain insight into women's knowledge of the legal competences of midwives. a descriptive observational study. Brussels metropolitan region, Belgium. women in their reproductive age, living in the Brussels metropolitan region, with Dutch or French as their first language (n=830). a ten-item standardized questionnaire'Midwife Profiling Questionnaire' (MidProQ) was developed to determine which health professional respondents would prefer to assist them during labour and childbirth if there were no complications and to assess their knowledge about midwives' legal competences during pregnancy, labour and childbirth. Descriptive statistics were used to report the findings. To identify relationships between the socio-demographic variables of the women and her preferences, knowledge and opinion Chi² analysis were used. For 68.0% of the participants in an uncomplicated labour (n=564) and 66.3% of the participants with an uncomplicated childbirth (n=550), a midwife is the preferred health professional. Brussels women prefer an obstetrician in an uncomplicated labour (n=730, 88%) and for uncomplicated childbirth (n=756, 91.1%). Only 20.2% of the respondents (n=168) consider midwives to play a central role in an uncomplicated pregnancy. The knowledge of Brussels women about midwives' legal competences during pregnancy, labour and childbirth is rather poor, especially in youngsters and women who have never given birth. In general, for Brussels women, midwives are not the first preferred health professional for an uncomplicated labour or for childbirth, and they do not consider midwives to play a central role in an uncomplicated pregnancy. The legal competences of midwives are not known very well, especially by youngsters and women who have never given birth. The Belgian medical model of maternity care and women
Annear, Michael J; Toye, Chris; Elliott, Kate-Ellen J; McInerney, Frances; Eccleston, Claire; Robinson, Andrew
Dementia is a life-limiting condition that is increasing in global prevalence in line with population ageing. In this context, it is necessary to accurately measure dementia knowledge across a spectrum of health professional and lay populations with the aim of informing targeted educational interventions and improving literacy, care, and support. Building on prior exploratory analysis, which informed the development of the preliminarily valid and reliable version of the Dementia Knowledge Assessment Scale (DKAS), a Confirmatory Factor Analysis (CFA) was performed to affirm construct validity and proposed subscales to further increase the measure's utility for academics and educators. A large, de novo sample of 3649 volunteer respondents to a dementia-related online course was recruited to evaluate the performance of the DKAS and its proposed subscales. Respondents represented diverse cohorts, including health professionals, students, and members of the general public. Analyses included CFA (using structural equation modelling), measures of internal consistency (α), and non-parametric tests of subscale correlation (Spearman Correlation) and score differences between cohorts (Kruskal-Wallis one-way analysis of variance). Findings of the CFA supported a 25-item, four-factor model for the DKAS with two items removed due to poor performance and one item moved between factors. The resultant model exhibited good reliability (α = .85; ω h = .87; overall scale), with acceptable subscale internal consistency (α ≥ .65; subscales). Subscales showed acceptable correlation without any indication of redundancy. Finally, total and DKAS subscale scores showed good discrimination between cohorts of respondents who would be anticipated to hold different levels of knowledge on the basis of education or experience related to dementia. The DKAS has been confirmed as a reliable and valid measure of dementia knowledge for diverse populations that is capable of elucidating
Full Text Available Background and purpose: Partial knowledge is one of the main factors to be considered when dealing with the improvement of the administration of Multiple Choice Questions (MCQ in testing. Various strategies have been proposed for this factor in the traditional testing environment. Therefore, this study proposed a Confidence Based Assessment (CBA as a pertinent solution and aims at comparing the effect of the CBA Scoring system with that of the conventional scoring systems (with and without negative score estimation as penalty on the students’ scores and estimating their partial knowledge on clinical studies.Methods: This comparative study was conducted using a standardized clinical knowledge exam for 117 clinical students. After two-step training, both the conventional MCQ and CBA examination was given in a single session simultaneously. The exam included 100 questions and the volunteers were requested to complete a questionnaire regarding their attitude and satisfaction on their first experience of the CBA after exam. A new confidence based marking system was selected for the scoring, which was a hybrid of the UCL and MUK2010 systems. The MCQ-Assistant, SPSS and Microsoft office Excel software were used for scoring and data analysis.Results: The mean age of the volunteers was 27.3±5.47, of whom 43.6% were men and 69.2% were senior medical students. Exam reliability was 0.977. The fit line of the MCQ scores without penalty estimation was R2=0.9816 and Intercept=18.125 or approximately.2 deviation in the low scores. The MCQ scoring with penalty had a fit line approximately parallel to the 45-degree line but on or above it and the CBA scoring fit line was nearer to the 45-degree line, parallel to it and a little below it. These two sets of scores had a significant p value0.037. The response percentage to the CBA is higher (p value=0.0001. The discrimination power of the MCQ and the CBA for the upper and lower 1/3 of the students was not
Luengvilai, Chainarong; Yodmongkol, Pitipong
Legal justice in Thailand has been shifted to restorative justice for reasons. But Thai law schools have not been changed to promote lawyering skill learning opportunities due to various obstacles and limitations caused by existing legal educational policies, law curriculum's structure, knowledgeable instructors, and learners' characteristics. As…
Full Text Available Background: Induced abortion is an important medical issue. Knowledge and attitude of midwives regarding legal and religious commandments on induced abortion can be useful in confronting this issue. The aim of this study was to assess the knowledge and attitudes of midwives of Isfahan regarding these rules and to find their relationship with demographic characteristics. Materials and Methods: This was a cross-sectional, descriptive, and analytical study. The study participants consisted of 189 midwives working in hospitals, health centers, private gynecology clinics, and university. Random quota sampling method was used. Data were collected using a researcher-made questionnaire. Data were analyzed using mean, frequency distribution tables, Pearson correlation, and Spearman′s coefficient. For all tests, an error of less than 0.05 was considered. Results: The majority of the participants had extremely low to moderate (73% knowledge about the subject of the study. Their attitudes toward effective implementation of these rules were mostly extremely weak to moderate (68.72%. No correlation was observed between knowledge, age, work experience, and education. However, there was a relationship between the level of knowledge about these rules and the location of service. There was no significant correlation between attitude and demographic characteristics. Conclusion: Due to less knowledge of the midwives and their low attitude score in this regard, training them, improving their attitude toward these issues, and effective implementation of these laws are necessary. Therefore, by identifying the factors affecting the formation of attitudes and the level of knowledge, more constructive proceedings can be taken to promote them.
McMahan, C Alex; Pinckard, R Neal; Jones, Anne Cale; Hendricson, William D
Creating a learning environment that fosters student acquisition of self-assessment behaviors and skills is critically important in the education and training of health professionals. Self-assessment is a vital component of competent practice and lifelong learning. This article proposes applying a version of confidence scoring of multiple-choice questions as one avenue to address this crucial educational objective for students to be able to recognize and admit what they do not know. The confidence scoring algorithm assigns one point for a correct answer, deducts fractional points for an incorrect answer, but rewards students fractional points for leaving the question unanswered in admission that they are unsure of the correct answer. The magnitude of the reward relative to the deduction is selected such that the expected gain due to random guessing, even after elimination of all but one distractor, is never greater than the reward. Curricular implementation of this confidence scoring algorithm should motivate health professions students to develop self-assessment behaviors and enable them to acquire the skills necessary to critically evaluate the extent of their current knowledge throughout their professional careers. This is a professional development competency that is emphasized in the educational standards of the Commission on Dental Accreditation (CODA).
Afzalimoghaddam, Mohammad; Hoseinidavarani, Hosein; Hossein-nejad, Hooman
Emergency medicine is a young specialty in Iran. Since 2005, a 4-week rotation has been allocated to emergency medicine instruction for all medical interns during their medical internship in Tehran University of Medical Sciences. In this study, we have evaluated the impact of emergency medicine rotation on medical interns' knowledge in the field of emergency medicine. From October 2005 to May 2006, 10 medical interns of emergency medicine rotation were randomly enrolled in this study each month. They were administered a pretest assessing their emergency medicine knowledge. Then, they attended a theoretical and practical course. Finally, they were reassessed by a post-test similar to the pretest. There were 98 medical interns, including 53 male (54.08%) and 45 female (45.91%) participants. The mean of participants' age was 25.50 (±1.47) years. Their internship duration spanned from 1 to 18 months, with a mean of 5.40 (±4.71) months. The difference between participants' pretest and post-test scores was statistically significant (Pknowledge in the field of emergency medicine; and their sex, passed medical blocks and the duration of internship do not affect this knowledge. © 2011 Wolters Kluwer Health | Lippincott Williams & Wilkins.
Mason, W A; Hanson, Koren; Fleming, Charles B; Ringle, Jay L; Haggerty, Kevin P
In November 2012, Washington State and Colorado became the first states in the United States to legalize recreational marijuana use for adults, and Uruguay became the first country to allow the cultivation, distribution, possession, and use of marijuana. One possible consequence of these changes is increased adolescent marijuana use. Parents may mitigate this adverse consequence; however, whether parents and adolescents have accurate knowledge about the laws and are discussing marijuana use in light of the law changes is unknown. We examine perceptions, knowledge, and parent-child discussions about Washington State's recreational marijuana law in a sample of low-income families. Participants were a subset of families (n = 115) in an ongoing study that originally recruited parents and adolescents from middle schools in Tacoma, Washington. In summer 2013, when students were entering the 11(th) grade, students and their parents were asked questions about the recreational marijuana law. Participants perceived that their marijuana-related attitudes and behaviors changed little as a result of the law, and displayed uncertainty about what is legal and illegal. Most parents reported discussing the new law with their children but only occasionally, and conversations emphasized household rules, particularly among parent lifetime marijuana users compared to non-users. Conclusions/Importance: Results suggest that there should be a public health campaign focused on families that provides clear information about the recreational marijuana laws.
Based on ICRP recommendations the GDR legislation of radiation protection is performed by the National Board of Nuclear Safety and Radiation Protection of the GDR. The legal regulations of radiation protection in biomedical radiography and radiotherapy are specified. The main content of the atomic energy law and of the regulation on guarantee of nuclear safety and radiation protection is outlined. Basic principles such as radiation workers, operating personnel of nuclear facilities and the categories of their working conditions, areas of radiation protection and unusual events are defined. Responsibility, tasks of responsive staff members, measures of control by state and plant, guarantee of radiation protection, limitation of radiation doses and last not least regulations of sentences and fines, resp., are specified
González Vélez, Ana Cristina; Jaramillo, Isabel Cristina
In May 2006, Colombia's Constitutional Court liberalized abortion, introducing three circumstances under which the procedure would not be considered a crime: (1) rape or incest; (2) a risk to the woman's health or life; and (3) fetal malformations incompatible with life. Immediately following the court's ruling, known as Sentence C-355, members of La Mesa por la Vida y Salud de las Mujeres (hereinafter La Mesa) began to mobilize to ensure the decision's implementation, bearing in mind the limited impact that the legal framework endorsed by the court has had in other countries in the region. We argue that La Mesa's strategy is an innovative one in the field of legal mobilization insofar as it presumes that law can be shaped not just by public officials and universities but also by social actors engaged in the creation and diffusion of legal knowledge. In this regard, La Mesa has become a legal expert on abortion by accumulating knowledge about the multiple legal rules affecting the practice of abortion and about the situations in which these rules are to be applied. In addition, by becoming a legal expert, La Mesa has been able to persuade health providers that they will not risk criminal prosecution or being fired if they perform abortions. We call this effect of legal mobilization a "pedagogical effect" insofar as it involves the production of expertise and appropriation of knowledge by health professionals. We conclude by discussing La Mesa's choice to become a legal expert on abortion as opposed to recruiting academics to do this work or encouraging women to produce and disseminate this knowledge.
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...
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....
Full Text Available Introduction: Abortion has always been a controversial issue and all religions, humanistic and medical communities have opposed it . The complications of illegal abortion are one of the most common reasons of hospital admission in developing countries. W.H.O estimates that the one eight of all pregnancy deaths is due to illegal abortion. Lack of knowledge of the medical team about the abortion regulations and rules can endanger the pregnant mothers life and also create certain problems for medical communities . Methods: This cross- sectional study was conducted in 2007 and included 110 gynecologists and midwives in Yazd who were studied by census method. Data was collected via self-made questionnaire and data analysis was done by software SPSS program and statistical tests included square K and T test. Results : Of the total of 110 patients, 16.4% were gynecologists and 83.3% were midwives, 31.8% worked in academic centers and 68.2% were employed at other centers. The awareness level of 25.5% was good. There was a meaningful difference between the awareness level of academic employed and nonacademic employed and also between those who had studied abortion rules regulations. Conclusion: As 74.5% of the study population had low levels of awareness about the abortion rules, education of midwives & gynecologists about rules & regulations is strongly recommended as it not only helps women's health, but also decreases their legal problems.
Muzeyen, R; Ayichiluhm, M; Manyazewal, T
To assess women's knowledge and attitude toward Ethiopian current abortion law. A quantitative, community-based cross-sectional survey. Women of reproductive age in three selected lower districts in Bahir Dar, North-West Ethiopia, were included. Multi-stage simple random sampling and simple random sampling were used to select the districts and respondents, respectively. Data were collected using a structured questionnaire comprising questions related to knowledge and attitude toward legal status of abortion and cases where abortion is currently allowed by law in Ethiopia. Descriptive statistics were used to summarize the data and multivariable logistic regression computed to assess the magnitude and significance of associations. Of 845 eligible women selected, 774 (92%) consented to participate and completed the interview. A total of 512 (66%) women were aware of the legal status of the Ethiopian abortion law and their primary sources of information were electronic media such as television and radio (43%) followed by healthcare providers (38.7%). Among women with awareness of the law, 293 (57.2%) were poor in knowledge, 188 (36.7%) fairly knowledgeable, and 31 (6.1%) good in knowledge about the cases where abortion is allowed by law. Of the total 774 women included, 438 (56.5%) hold liberal and 336 (43.5%) conservative attitude toward legalization of abortion. In the multivariable logistic regression, age had a significant association with knowledge, whereas occupation had a significant association with attitude toward the law. Women who had poor knowledge toward the law were more likely to have conservative attitude toward the law (adjusted odds ratio, 0.40; 95% confidence interval, 0.23-0.61). Though the Ethiopian criminal code legalized abortion under certain circumstances since 2005, a significant number of women knew little about the law and several protested legalization of abortion. Countries such as Ethiopia with high maternal mortality records need to lift
Fox, Mark C; Mitchum, Ainsley L
Secular gains in intelligence test scores have perplexed researchers since they were documented by Flynn (1984, 1987). Gains are most pronounced on abstract, so-called culture-free tests, prompting Flynn (2007) to attribute them to problem-solving skills availed by scientifically advanced cultures. We propose that recent-born individuals have adopted an approach to analogy that enables them to infer higher level relations requiring roles that are not intrinsic to the objects that constitute initial representations of items. This proposal is translated into item-specific predictions about differences between cohorts in pass rates and item-response patterns on the Raven's Matrices (Flynn, 1987), a seemingly culture-free test that registers the largest Flynn effect. Consistent with predictions, archival data reveal that individuals born around 1940 are less able to map objects at higher levels of relational abstraction than individuals born around 1990. Polytomous Rasch models verify predicted violations of measurement invariance, as raw scores are found to underestimate the number of analogical rules inferred by members of the earlier cohort relative to members of the later cohort who achieve the same overall score. The work provides a plausible cognitive account of the Flynn effect, furthers understanding of the cognition of matrix reasoning, and underscores the need to consider how test-takers select item responses. PsycINFO Database Record (c) 2013 APA, all rights reserved.
Full Text Available The influence of students’ investment and perception during participation in structured inquiry-based learning on their long-term retention was analyzed to gain more insights into the underlying reasons for long-term retention through structured inquiry learning. Therefore achievement was correlated to effort, lesson rating and perceived competence for learning (PCL, and subject grades. 126 ninth graders participating in a structured inquiry-based interdisciplinary Biology and Physics module were analyzed. Students’ knowledge was even measured four times: 2 weeks before, directly after, and six and 12 weeks after module participation. Effort, usefulness, and PCL were observed once, directly after module participation. The invested effort during the lesson correlated positively with the knowledge score measured six weeks and twelve weeks after the lesson. Thus, high effort individuals achieved high knowledge scores at the medium and the long-term measurement. Therefore, effort is a variable that seems to be linked to long-term achievement. Furthermore, Biology and Physics grades reflected individual abilities to acquire long-term knowledge, while a high preknowledge level did not. This result indicates learning strategies as possible core concept underlying individual achievement levels.
Ridder, Lars; Wagener, Markus
Predictions of potential metabolites based on chemical structure are becoming increasingly important in drug discovery to guide medicinal chemistry efforts that address metabolic issues and to support experimental metabolite screening and identification. Herein we present a novel rule-based method, SyGMa (Systematic Generation of potential Metabolites), to predict the potential metabolites of a given parent structure. A set of reaction rules covering a broad range of phase 1 and phase 2 metabolism has been derived from metabolic reactions reported in the Metabolite Database to occur in humans. An empirical probability score is assigned to each rule representing the fraction of correctly predicted metabolites in the training database. This score is used to refine the rules and to rank predicted metabolites. The current rule set of SyGMa covers approximately 70 % of biotransformation reactions observed in humans. Evaluation of the rule-based predictions demonstrated a significant enrichment of true metabolites in the top of the ranking list: while in total, 68 % of all observed metabolites in an independent test set were reproduced by SyGMa, a large part, 30 % of the observed metabolites, were identified among the top three predictions. From a subset of cytochrome P450 specific metabolites, 84 % were reproduced overall, with 66 % in the top three predicted phase 1 metabolites. A similarity analysis of the reactions present in the database was performed to obtain an overview of the metabolic reactions predicted by SyGMa and to support ongoing efforts to extend the rules. Specific examples demonstrate the use of SyGMa in experimental metabolite identification and the application of SyGMa to suggest chemical modifications that improve the metabolic stability of compounds.
Full Text Available Knowledge discovery from data is an interdisciplinary research field combining technology and knowledge from domains of statistics, databases, machine learning and artificial intelligence. Data mining is the most important part of knowledge discovery process. The objective of this paper is twofold. The first objective is to point out the qualitative shift in research methodology due to evolving knowledge discovery technology. The second objective is to introduce the technique of decision trees to psychological domain experts. We illustrate the utility of the decision trees on the prediction model of sensation seeking. Prediction of the Zuckerman's Sensation Seeking Scale (SSS-V score was based on the bundle of Eysenck's personality traits and Pavlovian temperament properties. Predictors were operationalized on the basis of Eysenck Personality Questionnaire (EPQ and Slovenian adaptation of the Pavlovian Temperament Survey (SVTP. The standard statistical technique of multiple regression was used as a baseline method to evaluate the decision trees methodology. The multiple regression model was the most accurate model in terms of predictive accuracy. However, the decision trees could serve as a powerful general method for initial exploratory data analysis, data visualization and knowledge discovery.
Boudard, Mélanie; Bernauer, Julie; Barth, Dominique; Cohen, Johanne; Denise, Alain
Cellular processes involve large numbers of RNA molecules. The functions of these RNA molecules and their binding to molecular machines are highly dependent on their 3D structures. One of the key challenges in RNA structure prediction and modeling is predicting the spatial arrangement of the various structural elements of RNA. As RNA folding is generally hierarchical, methods involving coarse-grained models hold great promise for this purpose. We present here a novel coarse-grained method for sampling, based on game theory and knowledge-based potentials. This strategy, GARN (Game Algorithm for RNa sampling), is often much faster than previously described techniques and generates large sets of solutions closely resembling the native structure. GARN is thus a suitable starting point for the molecular modeling of large RNAs, particularly those with experimental constraints. GARN is available from: http://garn.lri.fr/.
Bessett, Danielle; Gerdts, Caitlin; Littman, Lisa L; Kavanaugh, Megan L; Norris, Alison
Recently, the hypothesis that state-level political context influences individuals' cultural values--the 'red states v. blue states' hypothesis--has been invoked to explain the hyper-polarisation of politics in the USA. To test this hypothesis, we examined individuals' knowledge about abortion in relation to the political context of their current state of residence. Drawing from an internet-survey of 586 reproductive-age individuals in the USA, we assessed two types of abortion knowledge: health-related and legality. We found that state-level conservatism does not modify the existing relationships between individual predictors and each of the two types of abortion knowledge. Hence, our findings do not support the 'red states' versus 'blue states' hypothesis. Additionally, we find that knowledge about abortion's health effects in the USA is low: 7% of our sample thought abortion before 12 weeks gestation was illegal.
How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities
How libraries relate to legal information to help ensure equitable access to knowledge for all : Roles of librarians to secure access to legal information : Makoto Ibusuki, professor of Faculty of Law at the Seijo University, talks about the Law Librarians Society's activities
Goodrich, J Marc; Lonigan, Christopher J
This study evaluated the development of vocabulary knowledge over the course of two academic years, beginning in preschool, in a large sample (N = 944) of language-minority children using scores from single-language vocabulary assessments and conceptual scores. Results indicated that although children began the study with higher raw scores for Spanish vocabulary knowledge than for English vocabulary knowledge, this was reversed by the end of the first year of the study. Similarly, at the beginning of the study unique Spanish vocabulary scores were larger than unique English or shared Spanish-English vocabulary scores; however, by the end of the first year of the study children's shared Spanish-English vocabulary scores were larger than unique English vocabulary scores, which were larger than unique Spanish vocabulary scores. These trends continued through the second year of the study. These results suggest that conceptual scoring is a useful assessment technique for children with limited exposure to their second language. Implications for assessment and instruction are discussed.
Jaremko, Jacob L; Pitts, Meaghan; Maksymowych, Walter P; Lambert, Robert G
Semiquantitative arthritis scoring assesses disease burden by scoring presence/extent of features such as bone marrow lesion (BML) or effusion in multiple anatomic regions at a joint. An image overlay clarifying region borders may enhance feasibility and reliability of these scoring systems. To be scalable for use in large clinical trials, systematic computer-based user training is desirable. We developed an overlay and user training module for magnetic resonance imaging (MRI)-based scoring of hip osteoarthritis (OA). We designed a semitransparent 2-dimensional image overlay applied to individual MRI slices to facilitate hip OA scoring [HIMRISS (Hip Inflammation MRI Scoring System)], initially using freeware and then in a customized HTML Web browser environment. We developed a systematic knowledge translation package including instructional presentation, fully scored expert consensus cases, and video tutorials for training in the use of these scoring systems with the overlays. Three musculoskeletal radiologists who had not used this scoring system before each performed a scoring exercise with no overlay, then repeated this with overlays after completing the training module. Based on postexercise interviews and a reader survey, we identified and corrected problems in the module. The entire training process was then repeated using 3 new readers. Overlays were considered useful, particularly when integrated into a Web browser. The knowledge translation module was considered conceptually valuable, but as initially implemented was too lengthy and not sufficiently interactive. Semitransparent image overlays and standardized knowledge translation modules for reader training show promise to facilitate reader calibration using MRI-based scoring systems. Based on our experience, knowledge translation modules should emphasize close feedback evaluating performance and reader time efficiency.
Geary, Janis; Jardine, Cynthia G; Guebert, Jenilee; Bubela, Tania
Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Review. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.
Full Text Available Background. Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK. Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. Objective. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Design. Review. Results. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Conclusions. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.
Berenice Guevara Delgado
Full Text Available Resumen El presente trabajo fue realizado en respuesta a una línea de investigación de un proyecto del Centro de Gobierno Electrónico (CEGEL, en la Universidad de las Ciencias Informáticas, adscripto al programa ramal de investigación vigente en el Ministerio de Justicia en Cuba. Para la realización de la propuesta, una tecnología informática que permita gestionar el conocimiento jurídico contenido en los documentos que se digitalizan en el marco del proyecto informático “Tribunales Populares Cubanos”, se identificó como ciencia a estudiar la Informática Jurídica Documental. A partir de las búsquedas de información relevantes para la organización (Tribunal Supremo Popular, sobre los documentos que digitaliza el proyecto informático, se observó la necesidad de usar los lenguajes documentales, y su vinculación al diseño de sistemas informáticos para el tratamiento digital de la información judicial. La tecnología de apoyo a la gestión del conocimiento, se concreta en una arquitectura informática que vincula las ontologías a su diseño. Además, se destaca el papel de las ontologías como lenguaje documental desde la ciencia de la documentación, y como herramienta desde la ciencia de la información. Con la finalidad de analizar y describir información desde los documentos jurídicos digitales, para representar el conocimiento presente en los mismos. Abstract This study has been developed as part of a research project at the Centre of Electronic Government (CEGEL, at the University of Information Systems, affiliated to the current research program branch of the Ministry of Justice in Cuba. In order to develop this proposal, a technology management program enabling legal knowledge contained in scanned documents under the computer project "Cuban Popular Tribunals" was identified as a science to study Documentary Legal Informatics. Based on searching relevant information for the organization (SPC on documents previously
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
Herrmann, Janne Rothmar
The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....
This study uncovers which learning (epistemic belief of learning), socioeconomic background (level of parental education, family income) or social-personality factors (performance-avoidance goals, test anxiety) mitigate the ethnic gap in SAT (Scholastic Assessment Test) scores. Measures assessing achievement motivation, test anxiety, socioeconomic…
T du Plessis
Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.
Boer, A.; van Engers, T.; Winkels, R.
While isomorphism of knowledge representation has been recognized as important, particularly to maintenance in legal knowledge representation, the requirements of the maintenance process in general get less attention. Traceability from knowledge resources used in the organization to the sources of
Theofilatos, Konstantinos A.
Proteins are the functional components of many cellular processes and the identification of their physical protein–protein interactions (PPIs) is an area of mature academic research. Various databases have been developed containing information about experimentally and computationally detected human PPIs as well as their corresponding annotation data. However, these databases contain many false positive interactions, are partial and only a few of them incorporate data from various sources. To overcome these limitations, we have developed HINT-KB (http://biotools.ceid.upatras.gr/hint-kb/), a knowledge base that integrates data from various sources, provides a user-friendly interface for their retrieval, cal-culatesasetoffeaturesofinterest and computesaconfidence score for every candidate protein interaction. This confidence score is essential for filtering the false positive interactions which are present in existing databases, predicting new protein interactions and measuring the frequency of each true protein interaction. For this reason, a novel machine learning hybrid methodology, called (Evolutionary Kalman Mathematical Modelling—EvoKalMaModel), was used to achieve an accurate and interpretable scoring methodology. The experimental results indicated that the proposed scoring scheme outperforms existing computational methods for the prediction of PPIs.
Do, Mai P; Kincaid, D Lawrence
Shabuj Chaya is a weekly television drama broadcast during a 13-week period in Bangladesh in 2000. It used an entertainment-education format to increase health knowledge and to promote visits to health clinic and modern contraceptive use. The purpose of this article is to demonstrate how a relatively new statistical technique, propensity score matching in conjunction with structural equation modeling, can be used to obtain an unbiased estimate of changes in health outcomes that can be attributed to exposure to the drama. The analysis is conducted with data from an after-only, cross-sectional survey of 4,492 men and women from the intended audience. The results from propensity score matching approximate what would be expected from a randomized control group design.
This theme issue on knowledge includes annotated listings of Web sites, CD-ROMs and computer software, videos, books, and additional resources that deal with knowledge and differences between how animals and humans learn. Sidebars discuss animal intelligence, learning proper behavior, and getting news from the Internet. (LRW)
Oswald, Ramona Faith; Kuvalanka, Katherine A.
In this article, the authors present a typology for organizing our current knowledge regarding same-sex couples in the United States who have and have not established legal ties between partners. This framework is complemented by a discussion of key rulings that define what is legally possible as well as the introduction of "legal consciousness,"…
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...
Giannouli, Vaitsa; Tsolaki, Magda
Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (PGreece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary
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...
Carosella, Maria Pia
In the context of a legal organization, 'explicit knowledg' is generally refered to external sources. Silent knowledge is individual knowledge; new knowledge is new areas of knowledge, e.g. information technology or information retrieval.
Background Murray score is the result of an equation that gives all its variables the same linear contribution and weight and makes use of consented cut-offs. Everyday physicians' vocabulary is full of terms (adjectives) like: little, small, low, high, etc. that they handle in an intuitive and not always linear way to make therapeutic decisions. The purpose of this paper is to develop a fuzzy logic (FL) vision of Murray's score variables to enable the measurement of physicians' knowledge, experience and intuition in diagnosing lung injury and test if they followed Murray's equation predictions. Methods For a prospective survey carried out among a team of professionals (aged 29 to 53) in a University Hospital Intensive Care Unit, twelve physicians filled in two questionnaires. In the first one they had to define the ranks which should be categorized as normal, moderate and severe for three of four Murray variables. In another questionnaire, which represented all probable combinations of those categories, they had to tick the pulmonary condition as: no injury, mild, moderate, and ARDS. This procedure gave rise to a Fuzzy Inference System designed to provide the degree of severity as sensed by the group. Results The survey showed fuzzy frontiers for the categories and fuzzy diagnosis. In all, 45% of the hypothetical patients (n 18,013) were equally diagnosed by the survey and Murray's equation, whereas another 51% was overestimated in one level by the survey. Physicians agreed with 96.5% of ARDS cases according to Murray's test but only 11.6% of its mild cases were equally diagnosed by the survey. Nonlinearity of the survey reasoning (high relevance to gas exchange and chest film) was apparent. Conclusions The contiguous categories of the variables confirm the existence of fuzzy frontiers. An overestimation was found in the surveyed group's interpretation of severity. This overestimation was mainly due to the different weight assigned to PO2/FiO2 and chest film
Andrey Valeryevich Skorobogatov
Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp
Widrig, Daniel; Tag, Brigitte
Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.
Narcis Eduard MITU; Alia Gabriela DUŢĂ
The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.
Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...
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...
Yikon'a, Lydia Kaji
This nonexperimental, cross-sectional, explanatory, quantitative study sought to analyze the influence of length of school day on student performance on the third-grade New Jersey Assessment of Skills and Knowledge Language Arts Literacy and Mathematics total percentage of Proficient and Advanced Proficient scores. The data were obtained from the…
Jaremko, Jacob L; Azmat, Omar; Lambert, Robert Gw
grid within a Web-based interface to fit bones, then clicks or touches each region containing BML per slice, to score 1 if BML is present. Regional and total scores are automatically calculated. Outcomes include the interreader intraclass correlation coefficients (ICC) and the smallest detectable...
Boer, A.; Sileno, G.
To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge
І. M. Alieksieieva
Full Text Available One of the distinguishing features of man as a biological individual who is able to comprehend meaningfully the reality surrounding him and manage his actions is consciousness. Depending on the scientific-theoretical approaches or applied needs, it is customary to apply a certain differentiation of definitions of the concept of consciousness, for example, everyday or political, individual or mass, the consciousness of school or student youth, and other. One of its varieties, perhaps the most important at the present stage of development of society and statehood, is the legal consciousness of man. The problem of the formation and functioning of the human sense of justice is one of the most popular and constantly developed in a number of scientific fields. The purpose of the work is to study the state of scientific knowledge of the legal consciousness and legal culture of student, future pharmacists in the context of legal education in the university. Materials and methods. According to a specific goal, the research was based on the analysis of international and national legislation, the database of scientific research developments of the National Library of Ukraine V.I. Vernadsky, the study of author's scientific works and professional publications on the formation of consciousness, legal consciousness and legal culture of youth, in particular, student. Methods of research - bibliographic, linguistic, comparative analysis, content-legal analysis. Results. The basic link of society is a person, as a biological individual, to which such mental entities as mind, consciousness and will are inherent. These qualities enable it to critically perceive the surrounding being, to realize and determine its place in the society, to program its perspective and direct its actions according to a specific goal. A specific form of consciousness is legal consciousness (legal awareness - the system of reflecting the legal reality in views, theories, concepts
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....
Sofka, Wolfgang; de Faria, Pedro; Shehu, Edlira
Most firms use secrecy to protect their knowledge from potential imitators. However, the theoretical foundations for secrecy have not been well explored. We extend knowledge protection literature and propose theoretical mechanisms explaining how information visibility influences the importance...... of secrecy as a knowledge protection instrument. Building on mechanisms from information economics and signaling theory, we postulate that secrecy is more important for protecting knowledge for firms that have legal requirements to reveal information to shareholders. Furthermore, we argue that this effect...... and a firm's investment in fixed assets. Our findings inform both academics and managers on how firms balance information disclosure requirements with the use of secrecy as a knowledge protection instrument....
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.
Leenes, R.E.; Svensson, Jorgen S.
The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.
This is Part 1 of a three-part series on medico-legal documentation. The aim of Part I is to equip medical practitioners with the knowledge and skills necessary for the completion of the appropriate medico-legal report, form J88, a legal document, which addresses the factual findings of the medical assessment and the ...
Thaysen, Jens Damgaard
This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....
Luellen, Jason K.; Shadish, William R.; Clark, M. H.
Propensity score analysis is a relatively recent statistical innovation that is useful in the analysis of data from quasi-experiments. The goal of propensity score analysis is to balance two non-equivalent groups on observed covariates to get more accurate estimates of the effects of a treatment on which the two groups differ. This article…
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
Full Text Available Knowledge management as the process by which organizations accumulate intellectual capital and use it to gain competitive advantage. When organizations make a huge investment to intellectual assets, the organiza-tion must be able to measure the impact of knowledge management (KM to the organization (tangible out-comes and is confident that by the organization in order to collect the knowledge assets in line with the vision of the organization’s mission. The objective of the research is to develop and test-development model of performance-based Knowledge Management (KM Scorecard well as formulate a program for the development of BKAD based on intellectual capital owned.To achieve the objective, the research is carried out with the approach of participant observation. The result indicates that the assessment of KM scorecard in general provides adequately fine results when they are seen from four perspectives, those are intellectual, social, structural and humanity. The activities of human resource development (PSDM, natural resource develop-ment (PSDA, and economic resource development (PSDE have resulted in economic increase, knowledge and skill increase, and have opened job opportunities and foster entrepreneurship opportunity. Seen from business development of real sector, BKAD has succeed to develop business of real sector based on areal resources which is in accordance with its regional potency.
Sayyd Gholamreza Mortazavimoghaddam
Full Text Available Background: Evidence shows that bedside teaching is declining in recent years. One reason is the expectation for students to earn credit. Here, the impact of education method on undergraduate assessment score will be tested. Methods: This is a quasi-experimental study conducted with 66 undergraduate medical students who were allocated into two matched groups on the basis of a pulmonary pathophysiology course score in the internal medicine department of the Birjand University of Medical Sciences (Iran. Chronic obstructive pulmonary disease (COPD was chosen as the theme of this education. After groups were allocated, training was conducted with 36 students using the Traditional Patient’s Bedside Teaching (Tr-BT method and for 30 students using the Conference Room Case Presentations (Cr-CP method. Evaluation were conducted at the end of the three-month course period using the Multiple-Choice Questions (MCQ and Key Feature (KF examination. Data were analyzed using independent t tests, Mann-Whitney U, and the chi-square test. Results: Among the collected student the scores of KF, inward ratings and MCQ examinations in intern vs extern were (8.58 ± 1.46 vs 8.31 ± 1.58; P = 0.65, (14.75±1.54 vs 15.51±1.88; P = 0.08,( 10.77 ± 2.20 vs 10.47 ± 1.61; P = 0.55 respectively. The mean of the pulmonary pathophysiology score was 13.03 ± 1.66 in the Tr-BT group compared with 12.67 ± 1.92 in the Cr-CP group (P = 0.23. The means of the MCQ scores were 10.07 ± 2.13 and 11.37 ± 1.56 in the Tr-BT and Cr-CP groups, respectively (P = 0.007. Conclusion: The score of the MCQ exam was significantly higher in the group taught using the Cr-CP method. Students and teachers may prefer Cr-CP. To increase interest in bedside teaching, the assessment methods of medical students should be based on practical and clinical judgment evaluation.
Full Text Available Over the last decades, clinical decision support systems have been gaining importance. They help clinicians to make effective use of the overload of available information to obtain correct diagnoses and appropriate treatments. However, their power often comes at the cost of a black box model which cannot be interpreted easily. This interpretability is of paramount importance in a medical setting with regard to trust and (legal responsibility. In contrast, existing medical scoring systems are easy to understand and use, but they are often a simplified rule-of-thumb summary of previous medical experience rather than a well-founded system based on available data. Interval Coded Scoring (ICS connects these two approaches, exploiting the power of sparse optimization to derive scoring systems from training data. The presented toolbox interface makes this theory easily applicable to both small and large datasets. It contains two possible problem formulations based on linear programming or elastic net. Both allow to construct a model for a binary classification problem and establish risk profiles that can be used for future diagnosis. All of this requires only a few lines of code. ICS differs from standard machine learning through its model consisting of interpretable main effects and interactions. Furthermore, insertion of expert knowledge is possible because the training can be semi-automatic. This allows end users to make a trade-off between complexity and performance based on cross-validation results and expert knowledge. Additionally, the toolbox offers an accessible way to assess classification performance via accuracy and the ROC curve, whereas the calibration of the risk profile can be evaluated via a calibration curve. Finally, the colour-coded model visualization has particular appeal if one wants to apply ICS manually on new observations, as well as for validation by experts in the specific application domains. The validity and applicability
Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...
A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)
de la Torre, Eva M.; Agasisti, Tommaso; Perez-Esparrells, Carmen
This article examines how knowledge transfer (KT) indicators affect analyses on efficiency in the Higher Education sector, taking into account the characteristics of the Higher Education Institutions (HEIs). After revising the concept of third mission as a field for data development and its importance in assessing university performance, we…
Ambientalismo e concepções de RESEX, extrativismo e conhecimento no ICMBIO na Amazônia Legal Environmentalism and conceptions of RESEX, extractivism and knowledge in the ICMBIO in the Brazilian Amazon
Daniel Santos Menezes
in the Brazilian Amazon, in relation to environmentalism and identifies possible relationships between the positioning and views on knowledge, conception of Extractive Reserve (RESEX and extractivism. According to the theoretical discussion, we make the following types for the studied categories: environmentalist slope: preservationist, sustainabilist and socio-environmentalist; views of knowledge: anarchist, dialogic (or environmental knowledge, interdisciplinary and pure science; views of RESEX: RESEX as Conservation Unit (UC for sustainable use, RESEX serving the agrarian reform and opportunist RESEX; views on extractivism: legitimate extractivism, legitimate extractivism and opportunistic extractivism. The method used was a comparative cross-partition, checking similarities and dissimilarities of respondents groups. To survey the positions of the respondents was made a questionnaire available to all staff with statements representing different views, using Likert scale. It was done a classification into categories of technicians, using cluster analysis by the agglomerative hierarchical method, having as parameter the proximity of placement. It was found that no single view about environmentalism in the Chico Mendes in the Legal Amazon and there are not pure environmentalist lines, but composed of several strands of ideas. The views on RESEXs and extractivism are related concepts socio- environmentalism, reinforcing the argument that this type of conservation is a part this line of thought.
Justen O. Smith
Full Text Available The 4-H volunteer program is a new concept to the people of Iraq, for decades the country has been closed to western ideas. Iraqi culture and the Arabic customs have not embraced the volunteer concept and even more the concept of scientific animal production technologies designed to increase profitability for producers. In 2011 the USAID-Inma Agribusiness program teamed with the Iraq 4-H program to create youth and community entrepreneurship opportunities for widowed families. Iraq 4-H provided the youth members and adult volunteers and Inma provided the financial capital (livestock and the animal science training program for the volunteers. The purpose of this study was to measure the knowledge level gained through intensive animal science training for Iraqi 4-H volunteers. Researchers designed and implemented a pre and post test to measure the knowledge of fifteen volunteers who participated in the three day course. The pretest exposed a general lack of animal science knowledge of all volunteers; over 80% of the participants incorrectly answered the questions. However, the post-test indicated positive change in the participants understanding of animal science production principles.
Variações no conhecimento e nas opiniões dos ginecologistas e obstetras brasileiros sobre o aborto legal, entre 2003 e 2005 Knowledge and opinion variations of Brazilian obstetricians and gynecologists face to legal abortion, between 2003 and 2005
Full Text Available OBJETIVO: avaliar o conhecimento e a opinião de ginecologistas e obstetras acerca do aborto induzido, comparando resultados de dois inquéritos, realizados em 2003 e 2005. MÉTODOS: questionário estruturado e pré-testado enviado a todos associados à Federação Brasileira das Associações de Ginecologia e Obstetrícia (FEBRASGO. Solicitou-se preenchê-lo sem identificar-se e retorná-lo em envelope pré-selado que o acompanhava, com o objetivo de assegurar o anonimato. Perguntou-se sobre conhecimento da legislação referente ao aborto no Brasil e opinião sobre a mesma. RESULTADOS: nos dois inquéritos, a porcentagem de médicos que sabiam quais as circunstâncias em que o aborto não é punido esteve acima de 80%. Porém, houve redução significativa na porcentagem daqueles que conheciam a legalidade do aborto por risco de vida. Aumentou em mais de um terço a proporção de respondentes que sabiam que o aborto por malformação congênita grave não está dentro dos permissivos legais atuais. Cresceu consistentemente a porcentagem de médicos favoráveis à permissão do aborto em várias circunstâncias, e diminuiu a proporção dos que consideravam que não deveria ser permitido em nenhuma circunstância. Diminuiu a porcentagem dos que opinaram que os permissivos legais não deveriam ser modificados, e aumentou a proporção dos que entendiam que se deveria deixar de considerar o aborto crime em qualquer circunstância. CONCLUSÕES: de modo geral, tem havido maior reflexão sobre o problema do aborto provocado no período transcorrido entre os dois inquéritos. Porém, continua se evidenciando a necessidade de informar corretamente os gineco-obstetras brasileiros sobre as leis e normas que regulamentam a prática do aborto legal no país, visando assegurar que as mulheres que necessitam tenham, de fato, acesso a esse direito.PURPOSE: to evaluate and compare the knowledge and the opinion of gynecologists and obstetricians regarding
Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven
The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task
Roč. 20, č. 6 (2010), s. 793-798 ISSN 1210-0552 R&D Projects: GA ČR GA205/09/1079 Institutional research plan: CEZ:AV0Z10300504 Keywords : score function * correlation * rank correlation coefficient * heavy tails Subject RIV: BB - Applied Statistics, Operational Research Impact factor: 0.511, year: 2010
Root Kustritz, Margaret V
Third-year veterinary students in a required theriogenology diagnostics course were allowed to self-select attendance at a lecture in either the evening or the next morning. One group was presented with PowerPoint slides in a traditional format (T group), and the other group was presented with PowerPoint slides in the assertion-evidence format (A-E group), which uses a single sentence and a highly relevant graphic on each slide to ensure attention is drawn to the most important points in the presentation. Students took a multiple-choice pre-test, attended lecture, and then completed a take-home assignment. All students then completed an online multiple-choice post-test and, one month later, a different online multiple-choice test to evaluate retention. Groups did not differ on pre-test, assignment, or post-test scores, and both groups showed significant gains from pre-test to post-test and from pre-test to retention test. However, the T group showed significant decline from post-test to retention test, while the A-E group did not. Short-term differences between slide designs were most likely unaffected due to required coursework immediately after lecture, but retention of material was superior with the assertion-evidence slide design.
Get to grips with a new technology, understand what it is and what it can do for you, and then get to work with the most important features and tasks. Instant MuseScore is written in an easy-to follow format, packed with illustrations that will help you get started with this music composition software.This book is for musicians who would like to learn how to notate music digitally with MuseScore. Readers should already have some knowledge about musical terminology; however, no prior experience with music notation software is necessary.
Marc Simon Thomas
Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.
Chambliss, William; Scorza, Thomas
Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…
presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...
Full Text Available Jacqueline L Gauer,1 J Brooks Jackson2 1Office of Medical Education, Medical School, University of Minnesota, Minneapolis, MN, USA; 2Department of Laboratory Medicine and Pathology, Medical School, University of Minnesota, Minneapolis, MN, USA Introduction: The purpose of this study was to determine the associations of the demographic variables of gender, state of legal residency, student age, and undergraduate major with scores on the Medical College Admissions Test (MCAT and the United States Medical Licensing Exam (USMLE Step 1 and Step 2 Clinical Knowledge.Methods: The researchers collected and analyzed exam scores and demographic student data from participants of five graduating classes of students at the University of Minnesota Medical School (N = 1,067.Results: Significant differences (p < 0.05 were found for traditional-aged (defined as < 25 years old at matriculation versus nontraditional-aged students on USMLE Step 1 scores (t = 2.91, p = 0.004 and USMLE Step 2 scores (t = 4.39, p < 0.001, both in favor of traditional-aged students. Significant differences were found for males versus females on MCAT Composite scores (t = 6.53, p < 0.001 and USMLE Step 1 scores (t = 5.14, p < 0.001, both in favor of males. There were no significant differences between science and nonscience majors or between Minnesota legal residents and nonresidents.Conclusion: Traditional age and male gender were associated with higher exam scores, although patterns differed between tests, whereas undergraduate major and state of legal residency were not associated with higher exam scores. Keywords: licensing exams, demographics, gender, age, undergraduate major, state of legal residency
Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing
Correlation between knowledge on transmission and prevention of HIV/STI and proficiency in condom use among male migrants from Africa and Middle East evaluated by a Condom Use Skills score using a wooden penile model.
Zoboli, Fabio; Martinelli, Domenico; Di Stefano, Mariantonietta; Fasano, Massimo; Prato, Rosa; Santantonio, Teresa Antonia; Fiore, Jose' Ramòn
Migrants in Italy are prevalently young adults, with a higher risk of sexual transmitted infections (STI) and HIV infection. Promoting consistent as well as correct use of condoms could reduce failure rate due to their improper use. The aim of our study was to evaluate Condom Use Skills among a migrant population recently landed in Italy, hosted in a government center for asylum seekers. The study sample was composed of 80 male migrants. Sanitary trained interviewers submitted a questionnaire to participants to investigate age, provenience, marital status, educational level and knowledge about transmission and prevention of HIV/STI. Then, we assessed participants' level of condom use skill with the Condom Use Skills (CUS) measure by using a wooden penile model. The interviewer filled in a checklist and assigned 1 point for correct demonstration of each behavior that may prevent condom failure during sex. Participants' median age was 26 years and the sample was composed of 54 migrants from sub-Saharan Africa and 26 from Middle East. Most of them were married, with a lower middle level of education, up to 8 or 5 years. Half of the sample achieved the highest score in the questionnaire and our CUS showed a large number of people with middle high score classes. The Spearman's rho was 0.30, therefore answers to the questionnaire and CUS score appeared correlated (p level of education (p = 0.001), and a higher score in the questionnaire (p level of CUS between single or married men and between African and Middle Asian migrants of the sample. Our study shows that educational level influences the quality of knowledge and awareness about STI/AIDS and contribute to correct condom use. Since the half of participants had a low educational level and linguistic problems, the risk of missing campaigns messages or misunderstanding informative materials increases. Direct observation of condom-application on penile model may offer realistic assessment of application skills in
Ethical and legal controversies in cloning for biomedical research - a South African perspective. A Dhai, J Moodley, D J McQuoid-Mason, C Rodeck. Therapeutic embryonic stem cell research raises a number of ethical and legal issues. The promised benefits are new and important knowledge of human embryological ...
Many lawyers lack the intellectual skills to deal with simple legal tasks they are briefed to handle; some lack the rudimentary knowledge of basic legal principles and some dabble into unethical conducts such as defrauding clients, bribing judicial officers and embezzlement of funds in their custody etc. Hence, there is clamor ...
Valid medico-legal consent differs from medical consent. Knowledge of legislation pertaining to child pornography and the practical and ethical aspects of photography is also necessary. Inappropriate completion of medico-legal documentation may necessitate the practitioner having to explain the documentation to make it ...
This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.
Frederick Schauer; Barbara A. Spellman
Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...
Hertel, Thomas Klitgaard
This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....
Gort, G.; Eeuwijk, van F.A.
A study on the codominant scoring of AFLP markers in association panels without prior knowledge on genotype probabilities is described. Bands are scored codominantly by fitting normal mixture models to band intensities, illustrating and optimizing existing methodology, which employs the
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
Muhammad Helmy Hakim
Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.
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)
International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs
Pope, Thaddeus Mason
This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.
Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.
Wyner, A.Z.; Hoekstra, R.J.
The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to
Wyner, A.; Hoekstra, R.
The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to
Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene
Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.
Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)
This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy
Taylor, Kelley R.
The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…
This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…
What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...
Guttmacher, Alan F.; And Others
A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…
One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.
Núñez Vaquero, Álvaro
This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...
Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).
Libassi, F.P.; Donaldson, L.F.
This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect
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
Badke, Lara K.
A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.
Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.
Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.
Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.
In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...
Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won
Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.
... 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...
Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela
There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crimes law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.
Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.
Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.
Priya Treesa Thomas
Full Text Available Mental health and legal problems are interlinked in many ways. People facing legal issues may develop mental health problems, and people with mental illness and family also face legal issues. In India, Legal Services Authorities Act, 1987 gives provision for free legal aid services for the poor sections of society. Authors explain the roles of psychiatric social workers in legal aid services in hospitals. Social case work as a method of social work is suitable in legal aid services. Counseling, referrals, collateral contacts, advocacy and networking are major services from the social work perspective. Knowledge about laws and mental illness is essential for social workers to work in legal aid clinics (LACs.
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
Knowledge gained from the founding and operation of EURODIF with respect to political and legal structures which may be used in the establishment of a multinational commercial plant for uranium isotope separation
The political and legal problems and the decisions to be made in establishing a multi-national enrichment venture are reviewed in the context of the EURODIF facility. It is argued that location is important economically, since enrichment processes (especially diffusion) are highly energy-intensive, and strategically, in that diversity of location contributes to assurances of supply. Technology is also considered a fundamental factor. Potential partners are categorized according to: Those who are able to bring a viable enrichment technique, those who are able to make a commercial contribution, e.g. by contracting to purchase a portion of the product, those who are attracted by a potential profit and are able to make a financial contribution, those who are able to provide a source of energy, and those who have the engineering expertise needed to carry out a large-scale project. The development of the EURODIF facility, the partners selected, and the reasoning which led to some of the decisions are reviewed
Z. Gonul BALKIR
Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal
Cason, Gerald J.; And Others
The Objective Test Scoring and Performance Rating (OTS-PR) system is a fully integrated set of 70 modular FORTRAN programs run on a VAX-8530 computer. Even with no knowledge of computers, the user can implement OTS-PR to score multiple-choice tests, include scores from external sources such as hand-scored essays or scores from nationally…
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.
Allegheny County / City of Pittsburgh / Western PA Regional Data Center — Walk Score measures the walkability of any address using a patented system developed by the Walk Score company. For each 2010 Census Tract centroid, Walk Score...
Karina Kh. Rekosh
Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.
Full Text Available The author applies virtue theory (virtue epistemology and virtue ethics in particular to the question of legal education and examines the prospects of a virtue-based discourse in this context. Following the Aristotelian distinction between intellectual and moral virtues, he argues that law schools need to equip students – besides appropriate skills and knowledge of legal regulations – with intellectual and moral virtues necessary for a socially productive legal practice. Identifying lawyerly virtues and exploring the ways they can be fostered in a university environment might be the first steps to change the exaggeratedly formalistic thinking that seems to characterize legal education and legal practice in the CEE region. El autor aplica la teoría de la virtud (epistemología y ética de la virtud, en particular a la cuestión de la educación jurídica, y, en ese contexto, examina las perspectivas futuras de un discurso basado en la virtud. Siguiendo la distinción aristotélica entre virtudes intelectuales y morales, el autor argumenta que las escuelas de Derecho deberían educar, además de en las destrezas apropiadas y en el conocimiento de la ley, en las virtudes intelectuales y morales necesarias para un ejercicio del Derecho socialmente productivo. Los primeros pasos para cambiar el pensamiento exageradamente formalista que parece caracterizar la educación jurídica y la práctica de la profesión en la región de Europa central y oriental podrían ser la identificación de las virtudes del jurista y la reflexión sobre cómo aquéllas podrían ser fomentadas. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075146
Berland-Benhaïm, C; Bartoli, C; Karsenty, G; Piercecchi-Marti, M-D
To describe the legal framework of medicine prescription in France in 2013. With the assistance of lawyer and forensic pathologist, consultation (legifrance.gouv.fr), analysis, summary of French laws and rules surrounding drugs prescriptions to humans for medical purpose. Free medicine prescription is an essential feature of a doctor's action. To prescribe involve his responsibility at 3 levels: deontological, civilian and penal. Aim of the rules of medicine prescription is to preserve patient's safety and health. Doctors are encouraged to refer to recommendations and peer-reviewed publication every time the prescriptions go out of the case planned by law. Knowledge and respect of medicine prescription legal rules is essential for a good quality practice. Medical societies have a major role to improve medicine use among practitioners. Copyright © 2013. Published by Elsevier Masson SAS.
This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...
Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund
This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....
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...
Burcu Umut Zan
Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.
Raisler, K.M.; Gregory, A.M.
This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered
Ovidiu – Horia Maican
Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.
Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України
In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...
Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children
no knowledge of Spanish law and the Spanish legal system. In this paper I will discuss some of the problems/possibilities the students meet when trying to ‘translate’ from one legal language/culture to another also in the case of culture-bound terms with little or no equivalence. The examples are taken from my......KONFERENCE SINGAPORE Culture-related competence Courses in comparative Spanish -Danish legal language: A cultural Kinder egg? Learning comparative legal language is not only a question of linguistic competence, but it is also cultural training in which the students achieve culture......-related competences as culture is implicitly embedded in many legal terms in the shape of historical, societal and legal knowledge from two different worlds. Students need to understand these legal terms, fixed expressions, metaphors, collocations, etc. in order to be able to translate from one legal language/culture...
Gribnau, J.L.M.; Soeteman, A.
Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,
What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.
This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...
... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...
... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...
Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)
The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...
Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...
Thula Rafaela de Oliveira Pires
Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.
Abat Ninet, Antoni
The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...... examples of transposition and complicity of theological and juridical thoughts. For the purpose of this paper, imposed constitutions are political and legal norms of a state enacted and enforced without the free and full agreement of the Demos. Legal theology implies the application of religious phenomena......, theories and concepts to achieve undisputed legal legitimacy. Imposed constitutions as rules imposed for salvation for those “Platonic Philosophes” who have seen the “light”, that known the episteme are paramount examples of legal and political theology. The paper has two main sections. The first one...
O. V. Krasnokutskyi
Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.
key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...
Wetherall, Anthony; Robin, Isabelle
The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice
Feteris, E.; Kloosterhuis, H.
In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary
Nyamathi, Adeline; Vatsa, Manju; Khakha, Deepika C; McNeese-Smith, Donna; Leake, Barbara; Fahey, John L
Nurses play a major role in the health care delivery system; therefore, education of nurses is critical to successful prevention programs for persons with HIV. Little is known about nurses' knowledge of HIV in India. The purpose of this study was to determine the effects of a nurse-led train-the-trainer HIV education program on improving the HIV knowledge of nurses. A group of senior nurses (N = 10), were responsible for training a cohort of 10 nurses each, totaling 100 nurses. The 2-day training program included HIV epidemiology and etiology, infection control, psychosocial support, counseling, modes of transmission, natural history of the disease, symptoms of early and late disease, diagnostic testing, and legal and ethical issues. Pre- and posttest scores were calculated using a self-administered structured questionnaire that measured HIV-related knowledge in terms of cognitive and transmission knowledge. Paired t-tests indicated that both measures of HIV knowledge improved significantly from pretest to posttest.
This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)
This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage
Jakovljević, Branislava; Segedi, Dimitrije; Mujović-Zornić, Hajrija
Understanding the lawful implementations of surgical procedures, such as hysterectomy, raises practical questions concerning legal relations between a doctor and his patient, and consequences of this relationship, which may be legally relevant. The modern legal theory and practice consider doctors and patients to be partners. Medical practitioners performing surgical procedures are obliged to obtain informed consent. They are also required to inform their patients about indications, course of the operative procedure, postoperative treatment, possible complications during and after the procedure, and quality of life after the operation. Informed conversation should take into account the age, mental status and patient's intellectual abilities. Legal consequences ofsurgical procedures Malpractice litigation mostly concers medical error and negligence. Medical errors should not be confused with ineffective outcome, or complicated postoperative course. Even if the surgical procedure was followed correctly and uneventful outcome took place, there might be some problems. A patient has a right to receive complete information from a physician about the specific nature of a proposed treatment. A physician has an obligation to elucidate and justify, treatment he proposes. Certain codification of all operative procedures may facilitate this task. Codification instructions about procedures, in this case hysterectomy, must include indications for a certain type of hysterectomy (subtotal, total, radical), as well as for the operative technique (abdominal, vaginal, laparoscopic). Patient information brochures should be available in print, and include information about indications and potential risks associated with the proposed surgical procedure. In this way, it is possible to prevent the inconveniences which may arise from insufficient knowledge and information about surgical procedures.
Ramm, Hans Henrik
Technology and knowledge make up the knowledge capital that has been so essential to the oil and gas industry's value creation, competitiveness and internationalization. Report prepared for the Norwegian Oil Industry Association (OLF) and The Norwegian Society of Chartered Technical and Scientific Professionals (Tekna), on the Norwegian petroleum cluster as an environment for creating knowledge capital from human capital, how fiscal and other framework conditions may influence the building of knowledge capital, the long-term perspectives for the petroleum cluster, what Norwegian society can learn from the experiences in the petroleum cluster, and the importance of gaining more knowledge about the functionality of knowledge for increased value creation (author) (ml)
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.
Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.
Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen
This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.
This was mostly due to lack of preservation activities and strategies as a result of lack of knowledge in preservation, adequate funding, staff training, preservation policies, environmental control of stack rooms, proper handling and storage of materials. Keywords: Public Libraries Africa, Preservation of Library Materials, Legal ...
... as well as terms from other subject fields in general dictionaries. This would also satisfy the needs of users. Keywords: Lexicography, information tools, corpora, corpus lexicography, culture-dependent domains, knowledge, lemmatization, legal language, dictionary functions, communicative functions, decoding, encoding ...
Mullen, Patrick R.; Griffith, Catherine; Greene, Jennifer H.; Lambie, Glenn W.
The use of social media continues to expand in prevalence and is a medium of communication for individuals of all ages. Schools are using social media to engage their stakeholders at increasing rates. Therefore, school counselors require the knowledge and appreciation of ethical and legal issues regarding the use of such technology. The purpose of…
Therapeutic embryonic stem cell research raises a number of ethical and legal issues. The promised benefits are new and important knowledge of human embryological development, gene action, and the production of transplantable tissue and organs that could be effective in reversing or curing currently irreversible ...
... indigenous culture and knowledge from development and, often, from exploitation. A variety of existing legal concepts (including trademark, right of publicity, misappropriation and moral rights) are discussed in an effort to demonstrate how strands of these various concepts might be woven into a new protection scheme.
A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...
Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to
B.F. Beljaars (Ben); E.R. Winter (René)
textabstractInformation skills training offers opportunities for gradually embedding changes in legal education programs and to bring about the integration of legal knowledge, skills and experience. If shared goals are formulated in a spirit of close collaboration, curricular changes and revisions
/culture to another. It means also overcoming the typical blindness to one’s own culture. The Spanish-Danish Legal Language course introduces Danish language students to a new world of cultural knowledge, as they generally have insignificant knowledge of Danish law and the Danish legal system. Furthermore, they have...
Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...
Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.
. The married couples subjected to this mobile lifestyle are always in a process of becoming illegal, which is the consequence of ‘overstaying’ in Denmark or ‘understaying’ in Sweden. Besides its legal aspects, a semi-legal status also has significant moral implications that not only restructure marriage......In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...
Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?
João Maurício Adeodato
Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.
Ramírez García, Hugo Saúl
This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.
PERLINDUNGAN HUKUM TERHADAP PENGETAHUAN OBAT-OBATAN TRADISIONAL DALAM REZIM HAK KEKAYAAN INTELEKTUAL (HKI INDONESIA (Studi Pada Masyarakat Tradisional Sasak / LEGAL PROTECTION TOWARD TRADITIONAL MEDICINE KNOWLEDGE IN INDONESIA’S INTELLECTUAL PROPERTY RIGHT REGIME (A Study in The Sasak Traditional Community
Full Text Available Dalam konteks kekinian Pengetahuan Obat Tradisional (POT masyarakat adat Sasak merupakan aset ekonomi bernilai tinggi mengingat kegunaannya sebagai pengetahuan dasar (milestone dalam penemuan obat modern. Sebagai suatu wujud kemampuan intelektual manusia, POT diatur di bawah rezim HKI-TRIPs, padahal POT memiliki perbedaan karakter yang mencolok dengan HKI. Hal ini memunculkan persoalan dalam hal bentuk POT masyarakat adat Sasak, pengaturan perlindungannya dalam rezim HKI dan pranata hukum ideal untuk mewujudkan perlindungan hukum tersebut. POT Sasak mayoritas ditransmisikan secara lisan, sebagian kecil ada yang tercatat dalam babon (kitab tetamba/oat dan lontar usada. Dalam rezim HKI hanya terdapat pengaturan tidak langsung terhadap POT seperti termuat dalam Undang-Undang Paten dan Perlindungan Varietas Tanaman. Idealnya, terdapat suatu peraturan daerah yang mengatur secara khusus skema perlindungan POT Sasak demi mencegah tindakan misappropriation. Dengan demikian, masih terdapat kekosongan hukum karena belum ada peraturan perundang-undangan sui generis mengenai perlindungan POT. In the modern context, the Traditional Medicine Knowledge (TMK of Sasak community is a valuable economic asset considering its usage as a basic knowledge (milestone in the modern medicine discovery. As a form of human intellectual ability, TMK is regulated under the IPRs-TRIPs regime, whereas TMK have prominent opposite characters with IPRs. This fact raises particular issues in terms of: the form of Sasak community’s TMK, regulation of its protection under the IPRs regime and the ideal legal institution to realize the protection. The majority of Sasak’s TMK are transmitted verbally, a fraction of it was written in babon (book of tetamba/oat and lontar Usada. The IPRs-TRIPs regime only provides indirect regulation toward TMK, as contained in Patent and Plant Variety Protection Law. Ideally, there should be a local Law that particularly regulates protection on
Rodica Diana APAN
Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.
of Justice adopted in the famous cases Van Gend en Loos (1963) and Costa V. ENEL (1964). These two cases, which introduced respectively direct effect and supremacy of European law inside the national legal order, would over time develop into the central pillars in what is now most often characterised...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958...... key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...
Berlingher Remus Daniel
Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.
Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches
Ossai, Peter Agbadobi Uloku
This study examined the relationship between students' scores on Research Methods and statistics, and undergraduate project at the final year. The purpose was to find out whether students matched knowledge of research with project-writing skill. The study adopted an expost facto correlational design. Scores on Research Methods and Statistics for…
Nov 18, 2014 ... suitability of the rapid macroinvertebrate biomonitoring tool (the South African Scoring System) was investigated by determining the ... for 80% (SASS score) and 75% (NOT) of the variation in the regression model. Consequently ... et al., 2012), while settled sediments can alter habitat (Wood and Armitage ...
SLACK, CHARLES W.
REINFORCEMENT AND ROLE-REVERSAL TECHNIQUES ARE USED IN THE SCORE PROJECT, A LOW-COST PROGRAM OF DELINQUENCY PREVENTION FOR HARD-CORE TEENAGE STREET CORNER BOYS. COMMITTED TO THE BELIEF THAT THE BOYS HAVE THE POTENTIAL FOR ETHICAL BEHAVIOR, THE SCORE WORKER FOLLOWS B.F. SKINNER'S THEORY OF OPERANT CONDITIONING AND REINFORCES THE DELINQUENT'S GOOD…
Full Text Available This paper reconstructs the development of the status of the theory of legal pluralism: while originally the term has been used as descriptive label referring to a situation observed in the world, nowadays a more sophisticated understanding of the role of the concept is needed. The epistemology of social sciences can help us make sense of the multifarious literature on legal pluralism, and of the different conceptions of the term that have been proposed. More specifically, legal pluralism is here devised as a theoretical programme and its influence on the production of social-scientific knowledge is analysed. The investigation concentrates on the role of the concept in the selection of relevant data and on the intelligibility structure imposed on them.Este artículo reconstruye el desarrollo de la situación de la teoría de pluralismo jurídico: aunque en un principio el término se utilizó como una etiqueta descriptiva referida a una situación que se observaba en el mundo, hoy en día se necesita una comprensión más sofisticada del rol del concepto. La epistemología de las ciencias sociales puede ayudar a dar sentido a la literatura heterogénea sobre pluralismo jurídico, así como a las diferentes concepciones del término que se han propuesto. Más específicamente, aquí se concibe el pluralismo jurídico como un programa teórico y se analiza su influencia en la producción de conocimiento científico social. La investigación se concentra en el papel del concepto en la selección de datos relevantes y en la estructura de inteligibilidad impuesta sobre ellos.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2833822
Boer, A.; Winkels, R.; Vitali, F.; Sartor, G.; Casanovas, P.; Casellas, N; Robino, R
Electronic government invariably involves XML and electronic law: legislation is as essential to public administration as the ball is to a ball game. This paper gives an overview of two XML standard proposals dealing with two complementary aspects of electronic legislation - the documents themselves
de Maat, E.; Krabben, K.; Winkels, R.
This paper presents results of an experiment in which we used machine learning (ML) techniques to classify sentences in Dutch legislation. These results are compared to the results of a pattern-based classifier. Overall, the ML classifier performs as accurate (>90%) as the pattern based one, but
The diagnosis of syncope poses unique challenges. Syncope has multiple etiologies, with most carrying benign prognoses, and a few less common causes carrying a risk of serious morbidity or death. The history at first glance carries few clues. Faced with this many patients are heavily investigated with tests known to be both useless and expensive. For these reasons considerable emphasis has been placed on developing evidence-based and quantitative histories that might distinguish among the main causes of syncope. Quantitative histories were first developed in populations of several hundred patients with definite diagnoses of various losses of consciousness. Their derivation and use mirror those of experienced clinicians. The first score - the Calgary Syncope Seizures Score - discriminates between epileptic convulsions and syncope with a sensitivity and specificity of about 94%. The second score, the Calgary Syncope Score for normal hearts, discriminates between vasovagal syncope and other causes of syncope with a sensitivity and specificity of about 90%. The third score, the Calgary Syncope Score for Structural Heart Disease, diagnoses ventricular tachycardia with 98% sensitivity and 71% specificity. It also accurately predicts serious arrhythmic outcomes and all cause death. Gaps in the accuracy of the second score have been identified and are being addressed. These scores are proving useful in the clinic, and as entry criteria for observation studies, genetic studies, and randomized clinical trials. A very simple score predicts vasovagal syncope recurrences, based on the number of faints in the preceding year. Work from several centres indicates that scores will distinguish among competing causes of syncope in select populations, such as those with bifascicular heart block, Brugada syndrome, and Long QT syndrome. Copyright © 2013 Elsevier Inc. All rights reserved.
Full Text Available The paper is aimed at shedding new light on the multiple dimensions of legal terms which can be unearthed in the process of terminology mining as a crucial stage in translation. It proposes to view legal terminology from a sociocognitive perspective, according to which terms are perceived as expressing units of understanding based oncognitive frames rather than rendering concepts in their traditional definition. Upon closer scrutiny most of these units reveal significant information regarding their verbal and extra-verbal dimensions. We therefore suggest analysing units of understanding expressed by simple terms, multiple elements terms and phraseology as depositories of knowledge providing information on the text type in which they occur, as well as on there levant area of law, the legal system and the wider culture underlying the text. In this context, terminology mining is not intended merely as extraction of terms, but rather as their analysis, comparison and structuring which reveals aspects such as their multiple embeddedness, as well as their historical, ideological, metaphorical, status-conferringand common Latin dimension.
The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)
Patrícia Verônica Nunes Carvalho Sobral
Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor of law schools; The educational legislation Questions of legal education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences about the teaching of law, the methodological approach and the didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.
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...
Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.
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
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.
An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)
textabstract“The language – and therefore also to some large degree the practice – of morality today is in great disorder,”1 Alasdair MacIntyre writes, and as long as our moral world is diverse and pluralistic, the confusion will not be easily overcome. Indeed, the legal world is daily confronted
Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...
Rudolf, Frauke; Joaquim, Luis Carlos; Vieira, Cesaltina
Background: This study was carried out in Guinea-Bissau ’ s capital Bissau among inpatients and outpatients attending for tuberculosis (TB) treatment within the study area of the Bandim Health Project, a Health and Demographic Surveillance Site. Our aim was to assess the variability between 2...... physicians in performing the Bandim tuberculosis score (TBscore), a clinical severity score for pulmonary TB (PTB), and to compare it to the Karnofsky performance score (KPS). Method : From December 2008 to July 2009 we assessed the TBscore and the KPS of 100 PTB patients at inclusion in the TB cohort and...
Ezer, Tamar; Abdikeeva, Alphia; McKee, Martin
Roma in central Europe face many violations of their rights, including those that impede their access to high-quality health care. Legal frameworks have the potential to address these violations, whereas legal advocacy services offer a means for enforcement of rights. We undertook key informant interviews with Roma civil society organisations and selected knowledgeable individuals in Macedonia, Romania and Serbia to identify lessons from the development of these services. Achievements were reported in four areas. Legal empowerment, with employment of Roma paralegals was especially effective, increasing awareness of the ability to challenge violations. Documentation of human rights violations is an important basis for advocacy, but does not guarantee redress, and may work best in combination with legal empowerment or international pressure. Strategic litigation can play a key role in removing bureaucratic obstacles that prevent Roma from exercising their right to access to health care. Progress in changing the narrative on Roma in the mainstream media has been limited but examples of good practice exist. Although much remains to be done, Roma groups report that legal advocacy has strengthened their ability to challenge rights violations, thereby enhancing their ability to access effective and responsive care.
Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.
Frans L. Leeuw
Full Text Available The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s work on the methodology of scientific research programmes as a frame of reference.2. What has been the role of American Legal Realism during the first part of the 20th century in helping to develop and implement the New Deal policy vis-à-vis its scientific work?After outlining some characteristics of American Legal Realism and Lakatos’s concept, the author studies LR from this perspective and concludes that LR can at the maximum be seen as a research programme of a very rudimentary nature with largely only a focus on procedures/methods. Despite this conclusion, LR has been important in stimulating questions in which social science research and law came together. Next, the professor-realist-relationship that helped President Roosevelt to have his New Deal developed and implemented is also discussed. A downside of this ‘professor-realist-advisor-partnership’ may have been that a LR scientific research programme has not been developed. Given the increased visibility of New Legal Realism, the paper finally stresses the relevance of working with scientific research programmes and the importance of being on the alert when linking research to (legal policies.
Vujcic, Isidora; Pavlovic, Aleksandar; Dubljanin, Eleonora; Maksimovic, Jadranka; Nikolic, Aleksandra; Sipetic-Grujicic, Sandra
Currently, medical cannabis polices are experiencing rapid changes, and an increasing number of nations around the world legalize medical cannabis for certain groups of patients, including those in Serbia. To determine medical students' attitudes toward medical cannabis legalization and to examine the factors influencing their attitudes. Fourth-year medical students at the Faculty of Medicine, University of Belgrade, had participated in a cross-sectional study. Data were collected by an anonymous questionnaire. Overall, 63.4% students supported medical cannabis legalization, and only 20.8% supported its legalization for recreational use. Students who previously used marijuana (p marijuana recreational use was also related to prior marijuana (p marijuana and alcohol use, while beliefs that medical cannabis poses health risks correlated most strongly with previous marijuana use. Conclusions/Importance: The medical students' attitudes toward medical cannabis legalization were significantly correlated with previous use of marijuana and alcohol, knowledge about medical indications and side effects, and their beliefs regarding medical cannabis health benefits and risks.
Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær
Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....
Dobrokhotova E. N.
Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.
Calhoun, William; Dargahi-Noubary, G. R.; Shi, Yixun
The widespread interest in sports in our culture provides an excellent opportunity to catch students' attention in mathematics and statistics classes. One mathematically interesting aspect of volleyball, which can be used to motivate students, is the scoring system. (MM)
Sloat, Robert S.
Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)
Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law
Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard
Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery
Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.
In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,
Nowadays geriatric rehabilitation is recognized as a matter of social law performance. Nevertheless there are very small chances to realize corresponding legal claims in view of the infra-structural deficits. This subscription works out the claims of social law for geriatric rehabilitation, names questions of delineation between illness, prevention and care indigence and discusses problems of geriatric rehabilitant institutions and services.
National School Boards Association, Alexandria, VA. Council of School Attorneys.
In a recent opinion the Supreme Court of the United States recognized that for many communities "school sports play a prominent role." Whatever purpose they serve, school sports also raise a number of legal issues that a school district must carefully handle in order to operate its athletics program with minimal risk of liability. This handbook is…
Clearwater, S.W.; Scanlon, J.M.
Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations
Based on harsh criticism of legal education by students, offers suggestions for improvement that do not require additional time for law studies, will increase the exposure of students both to law as practice and to law as an intellectual discipline, and involve no greater burden on law schools. A main suggestion involves elimination of teaching…
Macdonald, R. St. J.
Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)
Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"
Babín Vich, Francisco de Asís
The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.
Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)
Lisett D. Páez Cuba
Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.
T du Plessis
Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.
Muntaha A. Abdulwahid
Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.
Jacqueline L. Gauer
Full Text Available Introduction: The purpose of this study was to determine the associations and predictive values of Medical College Admission Test (MCAT component and composite scores prior to 2015 with U.S. Medical Licensure Exam (USMLE Step 1 and Step 2 Clinical Knowledge (CK scores, with a focus on whether students scoring low on the MCAT were particularly likely to continue to score low on the USMLE exams. Method: Multiple linear regression, correlation, and chi-square analyses were performed to determine the relationship between MCAT component and composite scores and USMLE Step 1 and Step 2 CK scores from five graduating classes (2011–2015 at the University of Minnesota Medical School (N=1,065. Results: The multiple linear regression analyses were both significant (p<0.001. The three MCAT component scores together explained 17.7% of the variance in Step 1 scores (p<0.001 and 12.0% of the variance in Step 2 CK scores (p<0.001. In the chi-square analyses, significant, albeit weak associations were observed between almost all MCAT component scores and USMLE scores (Cramer's V ranged from 0.05 to 0.24. Discussion: Each of the MCAT component scores was significantly associated with USMLE Step 1 and Step 2 CK scores, although the effect size was small. Being in the top or bottom scoring range of the MCAT exam was predictive of being in the top or bottom scoring range of the USMLE exams, although the strengths of the associations were weak to moderate. These results indicate that MCAT scores are predictive of student performance on the USMLE exams, but, given the small effect sizes, should be considered as part of the holistic view of the student.
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.
Aborto: conhecimento e opinião de médicos dos serviços de emergência de Ribeirão Preto, São Paulo, Brasil, sobre aspectos éticos e legais Knowledge and opinions concerning legal and ethical issues with abortion among physicians working in emergency wards in Ribeirão Preto, São Paulo, Brazil
David Câmara Loureiro
Full Text Available Este estudo tem por objetivo investigar o conhecimento e as opiniões dos médicos sobre os aspectos legais e éticos do aborto. Utilizou-se um questionário auto-administrado a 57 médicos que trabalhavam nas salas de emergência de dois hospitais de Ribeirão Preto, São Paulo, Brasil, em 2001. Do questionário constaram 38 perguntas sobre conhecimento geral e sobre legislação e atitudes frente ao aborto. A idade média dos entrevistados foi de 28,3; a maioria era do sexo feminino; 52,6% eram solteiros e 42%, casados; 54,4% eram católicos e 21%, espíritas. Apesar de a maioria ter bom conhecimento geral sobre o aborto (70%, um em cada cinco médicos está desinformado sobre o fato de ser o aborto responsável por muitas mortes maternas no Brasil. A maioria aceita as condições do aborto legal e o ampliaria para malformação fetal incompatível com a vida, mas é contra a descriminalização do aborto por outros motivos. O baixo conhecimento sobre as leis do aborto revela-se por conceitos errôneos na aplicação prática do aborto legal. Os resultados sugerem fortemente que muitos não sabem aplicar a lei ou teriam dificuldade para tal.This study focused on the knowledge and opinions of physicians regarding legal and ethical aspects of abortion. A self-administered questionnaire was filled out by 57 physicians working in the emergency rooms of two hospitals in Ribeirão Preto, São Paulo State, Brazil in 2001. The questionnaire had 38 questions on general knowledge, legislation, and attitudes towards abortion. Interviewees' mean age was 28.3, most were females, 52.6% were single, 42.1% were married, 54.4% were Catholic, and 21% were Spiritists. Although most of the physicians had a good level of overall knowledge on abortion (70%, one in five was not aware that abortion is the main cause of maternal mortality in Brazil. Most accepted the prevailing legal conditions for performing an abortion in Brazil but would also include fetal
Souto, Eliana B
"Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions
Hospitality is „not a concept which lends itself to objective knowledge,” Jacques Derrida assumes. His assumption „provokes” and challenges European hospitability, not only in the Mediterranean area in which „welcoming” and „ingratiating” (in Derrida’s terms) forms of human conduct met together thousands years ago, and an asylum seeker found hospitia. What is hospitality and why philosophize about it today? The paper examines hospitality’s pragmatic, customary, legal and ...
Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.
The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.
Claudiu Ramon D. Butculescu
Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.
This paper explains two fundamental approaches to knowledge management. The tacit knowledge approach emphasizes understanding the kinds of knowledge that individuals in an organization have, moving people to transfer knowledge within an organization, and managing key individuals as knowledge creators and carriers. By contrast, the explicit knowledge approach emphasizes processes for articulating knowledge held by individuals, the design of organizational approaches for creating...
Baek, Minkyung; Shin, Woong-Hee; Chung, Hwan Won; Seok, Chaok
Protein-ligand docking is a useful tool for providing atomic-level understanding of protein functions in nature and design principles for artificial ligands or proteins with desired properties. The ability to identify the true binding pose of a ligand to a target protein among numerous possible candidate poses is an essential requirement for successful protein-ligand docking. Many previously developed docking scoring functions were trained to reproduce experimental binding affinities and were also used for scoring binding poses. However, in this study, we developed a new docking scoring function, called GalaxyDock BP2 Score, by directly training the scoring power of binding poses. This function is a hybrid of physics-based, empirical, and knowledge-based score terms that are balanced to strengthen the advantages of each component. The performance of the new scoring function exhibits significant improvement over existing scoring functions in decoy pose discrimination tests. In addition, when the score is used with the GalaxyDock2 protein-ligand docking program, it outperformed other state-of-the-art docking programs in docking tests on the Astex diverse set, the Cross2009 benchmark set, and the Astex non-native set. GalaxyDock BP2 Score and GalaxyDock2 with this score are freely available at http://galaxy.seoklab.org/softwares/galaxydock.html.
Preston-Shoot, Michael; McKimm, Judy
To ensure acceptable practice standards both doctors and social workers should draw on relevant legal rules when reaching professional judgements concerning, for instance, children requiring protection, people with severe mental distress and adults at risk, information sharing, consent to intervention and service user involvement in their care and treatment. Many practitioners use the law to maintain high standards of professionalism. However, research has uncovered limited awareness of legal rules and poor standards of health and social care. Academic benchmarks and practice requirements for health and social care professions centrally position legal knowledge for secure decision-making. Model curricula exist. However, the outcomes of the taught curriculum on students' confidence in their legal knowledge and skills have been relatively overlooked. This article introduces the concept of legal literacy, a distillation of knowledge, understanding, skills and values that enables practitioners to connect relevant legal rules with their professional practice, to appreciate the roles and duties of other practitioners and to communicate effectively across organisational boundaries. It presents the outcomes for a 2006-2009 study of 1154 UK medical and 638 social work students of their law learning for practice, response rates of 46% and 68%. Significant differences were found between medical and social work students' attitudes towards the law, and in their self-ratings of legal knowledge and skills. Confidence levels were low and anxiety high, especially among medical students, although law teaching had some positive outcomes on knowledge and skill development. Social work and medical students associated different themes with the law, the latter especially foregrounding ethics, negligence and liability, which could affect inter-professional working. Students are not fully prepared for legally literate practice, with a consequent need to review the time allocated for, and
99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...
Elena Codruta BADEA
In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the def...
Claudiu Ramon D. Butculescu
This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...
A consideration of the diversity and fragmentation which characterise contemporary legal practice with particular reference to the situation in the North West of England. Article by Professor David Sugarman, Director, Centre for Law and Society, Lancaster University Law School - published in Amicus Curiae - Journal of the Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.
Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D
the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best......Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... in national programs, has often been challenging. This paper takes a closer look at food fortification efforts and legislation mechanisms in Vietnam and Indonesia in order to determine specific factors and components in the legal framework that are crucial to the success of fortification programs...
Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A
To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.
Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.
J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)
textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since
Serebrennikova, Anna; Mashkova, Yekaterina
This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…
The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...
Meyer, John W.
Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…
... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Legal custody. 1275.14... THE NIXON ADMINISTRATION General Provisions § 1275.14 Legal custody. The Archivist of the United States has or will obtain exclusive legal custody and control of all Presidential historical materials of...
The Legal Counsel works with, and provides legal and strategic advice to, staff throughout the Centre, at all levels. The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on corporate governance matters.
M. Bodig (Matyas)
textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an
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
... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965 Grants and Agreements OFFICE OF MANAGEMENT AND BUDGET GOVERNMENTWIDE GUIDANCE FOR GRANTS AND AGREEMENTS... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial...
The incumbent provides first-level management of the legal operations in the Office of the Secretary and General Counsel, with particular emphasis on supporting the lawyers, monitoring and coordinating the flow of legal information and workload, conducting basic research including through the use of legal databases, and ...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.3 Section 3.3 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any... that is likely to result in multiple claimants, shall be forwarded to the legal division of the bureau...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal adviser. 327.6 Section 327... PUBLIC HEARINGS § 327.6 Legal adviser. At each public hearing, the district counsel or his designee may serve as legal advisor to the presiding officer. In appropriate circumstances, the district engineer may...
... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Legal action. 326.5 Section 326.5... § 326.5 Legal action. (a) General. For cases the district engineer determines to be appropriate, he will... the district engineer determines that legal action is appropriate, he will prepare a litigation report...
... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Legal review. 3.22 Section 3.22 Money... OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims filed under this subpart shall be forwarded to the legal division of the bureau or office out of whose...
... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...
Oye, K; Baird, L G; Chia, A; Hocking, S; Hutt, P B; Lee, D; Norwalk, L; Salvatore, V
In April 2012, MIT's Center for Biomedical Innovation and the European Medicines Agency (EMA) cosponsored a workshop on legal foundations of adaptive pharmaceuticals licensing. Past and present attorneys from the US Food and Drug Administration (FDA), the EMA, and Health Sciences Agency Singapore (HSA) found that existing statutes provided authority for adaptive licensing (AL). By contrast, an attorney from Health Canada identified gaps in authority. Reimbursement during initial phases of adaptive approaches to licensing was deemed consistent with existing statutes in all jurisdictions.
This paper briefly deals with relevant technological advances, business prospects for space tourism and related policy developments with a view to forecast the viability of space tourism industry. It further analyses applicable international space law and some national laws that particularly have direct relevance to space tourism. Legal lacunae are identified and suggestions are made with a view to encourage the development of this newest application of space technology.
Miranda, DR; Nap, R; de Rijk, A; Schaufeli, W; Lapichino, G
Objectives. The instruments used for measuring nursing workload in the intensive care unit (e.g., Therapeutic Intervention Scoring System-28) are based on therapeutic interventions related to severity of illness. Many nursing activities are not necessarily related to severity of illness, and
Kleibergen, F.R.; Kleijn, R.; Paap, R.
We propose a novel Bayesian test under a (noninformative) Jeffreys'priorspecification. We check whether the fixed scalar value of the so-calledBayesian Score Statistic (BSS) under the null hypothesis is aplausiblerealization from its known and standardized distribution under thealternative. Unlike
We developed scoring procedures to convert screener responses to estimates of individual dietary intake for fruits and vegetables, dairy, added sugars, whole grains, fiber, and calcium using the What We Eat in America 24-hour dietary recall data from the 2003-2006 NHANES.
Nov 18, 2014 ... for 80% (SASS score) and 75% (NOT) of the variation in the regression model. Consequently, SASS ... further investigation: spatial analyses of macroinvertebrate assemblages; and the use of structural and functional metrics. Keywords: .... conductivity levels was assessed using multiple linear regres- sion.
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
Henson, Steve W; Burke, Debra; Crow, Stephen M; Hartman, Sandra J
As in any other industry, laws and regulations significantly impact the functioning of the healthcare industry. Some laws, such as those relating to malpractice and social insurance systems, affect the manner in which the industry operates. Other laws, such as those regulating antitrust and employment practices, affect the organization and the environment in which the industry operates. It is increasingly important that practitioners and managers be cognizant of this complex and dynamic legal minefield. This study examined healthcare managers and executives' knowledge of 9 key issues in the legal and regulatory environment of the healthcare industry. Specifically, the study focused on knowledge concerning tort and contract liability, insurance law, labor and employment regulation, criminal and ethical responsibility, antitrust regulation, the law governing business associations and recent developments. Findings suggest that the levels of knowledge required to manage legal and regulatory issues are much greater than the existing levels of knowledge.
Reflections on the necessity of linking theory of language and media theory - Überlegungen zur Notwendigkeit der Verknüpfung von Sprachtheorie und MedientheorieThere is a close relationship between media and law: a medium such as writing is not simply a channel through which law and legal knowledge are communicated; rather, writing itself plays a role in the processes of law-making. Media format the space in which both cognitive and practical knowledge – formative and normative texts – develo...
Full Text Available Automated Essay Scoring Semire DIKLI Florida State University Tallahassee, FL, USA ABSTRACT The impacts of computers on writing have been widely studied for three decades. Even basic computers functions, i.e. word processing, have been of great assistance to writers in modifying their essays. The research on Automated Essay Scoring (AES has revealed that computers have the capacity to function as a more effective cognitive tool (Attali, 2004. AES is defined as the computer technology that evaluates and scores the written prose (Shermis & Barrera, 2002; Shermis & Burstein, 2003; Shermis, Raymat, & Barrera, 2003. Revision and feedback are essential aspects of the writing process. Students need to receive feedback in order to increase their writing quality. However, responding to student papers can be a burden for teachers. Particularly if they have large number of students and if they assign frequent writing assignments, providing individual feedback to student essays might be quite time consuming. AES systems can be very useful because they can provide the student with a score as well as feedback within seconds (Page, 2003. Four types of AES systems, which are widely used by testing companies, universities, and public schools: Project Essay Grader (PEG, Intelligent Essay Assessor (IEA, E-rater, and IntelliMetric. AES is a developing technology. Many AES systems are used to overcome time, cost, and generalizability issues in writing assessment. The accuracy and reliability of these systems have been proven to be high. The search for excellence in machine scoring of essays is continuing and numerous studies are being conducted to improve the effectiveness of the AES systems.
Full Text Available Objective: To evaluate the knowledge of dentists with regard to insalubrity in the profession, ways of prevention and legal aspects.Methods: Research was conducted in the form of questionnaires, with 15 objective questions, distributed among 225 dentists that work inthe region of Contagem, Minas Gerais, Brazil. The data collected were submitted to analysis of distribution in conjunction with frequency,determining the significance of the effects by the Chi-square test (X2 and the Exact Fisher test, when necessary, establishing a level of confidence of 95%. Results: The results obtained demonstrated that the professionals did not know some of the rules of the National Sanitary Vigilance Agency with regard to prevention against chemical and physical agents in the consulting room. The time since graduation did not influence the dentists as regards a greater awareness about having audiometric exams performed to prevent occupational noise. A high index of professionals who protected themselves against the HBV virus by immunization (97, 94% was obtained, however, there was statistically significant difference with regard to non-use of cap and apron by men (p=0.001 and p=0.03 respectively. Conclusion: The vast existent literature reveals that the professional has theoretical knowledge, but this is not in accordance with his/her actions in daily clinical practice.
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 ...
Kramer, Gregory M; Luxton, David D
The use of technology to provide telemental healthcare continues to increase; however, little has been written about the legal and regulatory issues involved in providing this form of care to children and adolescents. This article reviews existing laws and regulations to summarize the risk management issues relevant to providing telemental healthcare to children and adolescents. There are several legal and regulatory areas in which telemental health clinicians need to have awareness. These areas include: 1) Licensure, 2) malpractice liability, 3) credentialing and privileging, 4) informed consent, 5) security and privacy, and 6) emergency management. Although legal and regulatory challenges remain in providing telemental healthcare to children and adolescents, it is possible to overcome these challenges with knowledge of the issues and appropriate risk management strategies. We provide general knowledge of these key legal and regulatory issues, along with some risk management recommendations.
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.
This paper explains two fundamental approaches to knowledge management. The tacit knowledge approach emphasizes understanding the kinds of knowledge that individuals in an organization have, moving people to transfer knowledge within an organization, and managing key individuals as knowledge...... within an organization. The relative advantages and disadvantages of both approaches to knowledge management are summarized. A synthesis of tacit and knowledge management approaches is recommended to create a hybrid design for the knowledge management practices in a given organization....
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
Whether to pursue international legal measures to extend intellectual property rights to cover indigenous knowledge or to treat it as a public good is the subject of debate. This paper makes the case that investing indigenous knowledge as a public good is an ethical position compatible with the idea that indigenous and ...
The article outlines archival sources for legal biography held at the Institute of Advanced Legal Studies, focussing on primary sources of information on individuals, including the Law Society and Bar Examination results. It also summarises additional sources which provide biographical information on legal practitioners and scholars eg. the archives of The Society of Legal Scholars and the Council of Legal Education, IALS institutional archives, The Bar Council, The International Law Associat...
Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.
Munthe, Christian; Nielsen, Morten Ebbe Juul
identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment......This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...
Y. S. Kravtsov
Full Text Available The modern social and cultural situation of modern man requires mobility and adequate response to the requirements of modern society, and put it in front of the need to revise the traditional goals and targets. The authors show that it is not a system of knowledge and skills in itself, but a set of core competencies in modern intellectual, social, legal, communication, information sphere should be the main result of the process of formation of legal consciousness of modern man. In identifying the identification own life trajectory, gaining experience of independent activity and personal responsibility law today a special place. The authors emphasize that the position of acting, its identity is defined situation in the legal space. From its goals, values, personal preferences affect the choice of a particular mode of action. Familiarity with the legal situation as a choice situation, analysis of the position and actions of the person who is the subject of them, it is the spiritual content of justice, and creates conditions for personal selfdetermination to find an answer to the question «Who am I, what do I want?»
Cornell Law School J.D. Student Research Papers. 38 Advances in technology have surely made the practice of law more efficient, but looming advances in artificial intelligence should raise some concern about the price of this efficiency. Artificial intelligence programs already exhibit the capacity to replace the daily activities of some lawyers, which should raise some concern in the legal community, especially regarding legal ethics. Despite these concerns, the access to knowledge that arti...
Full Text Available Background: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. Methods & results: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. Conclusion: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.
Raimundo Nonato Delgado-Rodrigues
Full Text Available Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.
Delgado-Rodrigues, Raimundo Nonato; Allen, Alexander N; Santos, Leandro Galuzzi dos; Schenck, Carlos H
Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.
Yildiz, Bulent O; Bolour, Sheila; Woods, Keslie; Moore, April; Azziz, Ricardo
Hirsutism is the presence of excess body or facial terminal (coarse) hair growth in females in a male-like pattern, affects 5-15% of women, and is an important sign of underlying androgen excess. Different methods are available for the assessment of hair growth in women. We conducted a literature search and analyzed the published studies that reported methods for the assessment of hair growth. We review the basic physiology of hair growth, the development of methods for visually quantifying hair growth, the comparison of these methods with objective measurements of hair growth, how hirsutism may be defined using a visual scoring method, the influence of race and ethnicity on hirsutism, and the impact of hirsutism in diagnosing androgen excess and polycystic ovary syndrome. Objective methods for the assessment of hair growth including photographic evaluations and microscopic measurements are available but these techniques have limitations for clinical use, including a significant degree of complexity and a high cost. Alternatively, methods for visually scoring or quantifying the amount of terminal body and facial hair growth have been in use since the early 1920s; these methods are semi-quantitative at best and subject to significant inter-observer variability. The most common visual method of scoring the extent of body and facial terminal hair growth in use today is based on a modification of the method originally described by Ferriman and Gallwey in 1961 (i.e. the mFG method). Overall, the mFG scoring method is a useful visual instrument for assessing excess terminal hair growth, and the presence of hirsutism, in women.
Vojtek, Martin; Kočenda, Evžen
Roč. 56, 3-4 (2006), s. 152-167 ISSN 0015-1920 R&D Projects: GA ČR GA402/05/0931 Institutional research plan: CEZ:AV0Z70850503 Keywords : banking sector * credit scoring * discrimination analysis Subject RIV: AH - Economics Impact factor: 0.190, year: 2006 http://journal.fsv.cuni.cz/storage/1050_s_152_167.pdf
Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.
Fanous, Amanda; Rappaport, Jamie; Young, Meredith; Park, Yoon Soo; Manoukian, John; Nguyen, Lily H P
To develop, implement, and evaluate a longitudinal, simulation-based ethics and legal curriculum designed specifically for otolaryngology residents. Otolaryngology residents were recruited to participate in a yearly half-day ethical-legal module, the curriculum of which spanned 4 years. Each module included: three simulated scenarios, small-group multisource feedback, and large-group debriefings. Scenarios involved encounters with standardized patients. Residents' ethical-legal knowledge was assessed pre- and postmodule with multiple-choice questions, and ethical reasoning was assessed by a variety of evaluators during the simulated scenario using a locally developed assessment tool. Participants completed an exit survey at the end of each module. Eighteen residents completed four modules from the academic years of 2008 to 2009 to 2011 to 2012. The first year was considered a pilot module, and data were collected for the following 3 years. Knowledge of legal issues improved significantly among residents (mean at pre = 3.40 and post = 4.60, P simulation-based ethical-legal curriculum tailored to otolaryngology-head and neck surgery residents. This educational program resulted in a both objective and subjective improvement in legal and ethics knowledge and skills. NA. Laryngoscope, 127:2501-2509, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.
Full Text Available Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward “rating” and “feedback” has made this doctor–patient relationship, a consumer–service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Jayalakshmi, Sita; Vooturi, Sudhindra
Clinical neuroscience has made tremendous advances over the last century. Neurology as a discipline is still considered challenging and at times risky due to the natural history and progressive course of few of the neurological diseases. Encouragingly, the patient and their caregivers are now increasingly willing to be actively involved in making decisions. The patients' relationship with the doctor is a reflection of the society. A society that is orienting itself toward "rating" and "feedback" has made this doctor-patient relationship, a consumer-service provider relationship. This perhaps is due to commercialization of health that usually accompanies globalization. Moreover, a rapid influx of information from potential erroneous sources such as the Internet has also made patient and caregivers not being hesitant to taking legal course in the case of adverse events during treatment or simply because of dissatisfaction. The purpose of the legal process initiated by patients with neurological ailments is more often to compensate for the income lost, physical and psychological anguish that accompanies disease and its treatment, and to fund treatment or rehabilitation requirements. However, it is not clearly established if monetary benefits acquired lead to better opportunities for recovery of the patient. The consumer protection act and commercialization of medical services may well have an adverse effect on the doctor and patient relationship. Hence, there is a great need for all medical professionals to mutually complement and update each other. This review examines legal (litigation) processes with special interest on medicolegal system in patients with neurological ailments and the challenges faced by the neurologist during day-to-day clinical practice.
Conhecimentos, práticas e percepções de profissionais de saúde sobre o tratamento de malária não complicada em municípios de alto risco da Amazônia Legal Uncomplicated malaria treatment in the Brazilian Amazon: knowledge, practices and perceptions of health workers in high-incidence municipalities
Claudia Garcia Serpa Osorio-de-Castro
Full Text Available O controle da malária no Brasil conta com diagnóstico precoce e tratamento adequado e oportuno como estratégia para cura rápida e duradoura. Consequências clínicas e resistência aos antimaláricos podem resultar de falhas na prescrição, dispensação e aceitação dos profissionais aos esquemas terapêuticos propostos. Objetivou-se avaliar conhecimentos, práticas, percepções e atitudes de profissionais envolvidos na assistência farmacêutica à malária, frente ao protocolo oficial e a possíveis falhas na terapêutica. Entrevistaram-se profissionais em seis municípios na Amazônia Legal. Utilizou-se técnica de análise do discurso para determinação de categorias analíticas e sistematização. Dos 63 entrevistados, houve apenas um médico. Os demais, de nível médio, atuavam no diagnóstico, indicação e dispensação do tratamento antimalárico. O tempo de formação e de treinamento foi variável. Houve falhas na adesão ao protocolo nacional, perpassando indicação, dispensação e orientação aos pacientes. Os profissionais carecem de conhecimento para lidar com as especificidades da doença e do tratamento. A responsabilização de profissionais que não possuem o preparo necessário para a atenção sugere necessidade de políticas para a adequada capacitação e incorporação de recursos humanos.Malaria control in Brazil is based on early diagnosis and adequate and timely treatment as strategies for a rapid and long-lasting cure. Clinical consequences and resistance to antimalarials may arise from problems in prescribing, dispensing and in acceptance of therapeutic regimens by healthcare workers. We studied knowledge and practices, perceptions and attitudes of health workers participating in pharmaceutical services for malaria, regarding the official protocol and the possible flaws in therapy. Health workers from six municipalities in the Brazilian Amazon were interviewed. Speech analysis was employed as a technique
Full Text Available The importance of prevention in the fight against corruption is indisputable. However, prevention is effective and sustainable if it works, meaning that tools and strategies that are fit to achieve this goal need to be identified. The regulation of persons who give integrity warnings (whistleblowers and, in this context, their legal protection are part of efforts to identify such instruments. The present study reveals aspects of the evolution of regulation for those who give integrity warnings in Romania and the world in an attempt to identify solutions for this instrument itself to become effective in preventing corruption.
The aim of this paper is to shed new light on a central, yet much misunderstood source from the initial stage in the process of the codification of Danish law. On the literal level, the Lex castrensis, written in the 1180s, represents a description of changes in the internal jurisdiction...... of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...
Full Text Available Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities that can be reflected and analysed by obtaining and maintain the sole trader status.
Trading is a part of our society. The man has been trading from ancient times so the amount of trades and transactions around the world is huge. In order for us to initiate, organize and deploy such trades we have to have certain rules which can help regulate the social and professional or legal aspect of trades. Therefore the sole trader capacity must be obtained and used in order for the contracts to be valid. The right and obligations that come with this capacity constitute activities t...
Kierski, W S
Noise abatement is a problem of technology, medicine, law, and education. In the technical field, the problem of avoiding hazards is the primary one. In respect of encroachment upon neighbours mutual regard should be the foremost consideration. From the legal angle, a distinction is made between protection of the individial-above all under the provisions of the German Civil Code (Bürgerliches Gesetzbuch)-and of the community-under the provisions of criminal law and administrative law. Future legislation will have to concentrate increasingly upon governmental control measures especially with a view to prevention, instead of the issue of protection of the individual.
Tax rate problems The subject of the graduation thesis is legal problems of tax rate. The aim of this thesis is description and estimation of the flat tax rate and states, where is established. First of all I define the basic kinds of tax systems - the tax system with one tax rate, the progressive tax system and the flat tax system. Further I deal with the principles and elements of the flat tax rate as interpreted by American economists Robert E. Hall and Alvin Rabushka who are generally ack...
Malheiros, T.M.M.; Knoefell, T.M.J.
The goal of this paper is to discuss the main legal aspects related to the application of ionizing radiation in the industry, medicine, agriculture, scientific activities to envisage from the in force legislation the competence and responsibility for the control of radiation facilities comprising regulation, licensing and inspection. Legislation does not embrace all the aspects related to radiation facilities regarding to the specific provisions on civil liability concerning damages caused by non nuclear radiological accidents. The law nr.6.453 is applied only to nuclear accident, as defined in its rules. (author) [pt
Cloney, T J
This article discusses legal characteristics of derivatives that a not-for-profit health care company may use in a conduit financing in which a governmental issuer issues bonds for the benefit of a health care company. This article also presents the Master Agreement promulgated by the International Swaps and Derivatives Association; discusses how to get out of a derivative; discusses the status of a derivative after insolvency of a counterparty; presents disclosure issues relating to documents prepared in connection with an issue of bonds; and describes the treatment of derivatives under commodities regulations. It concludes with a presentation of possible new regulations applying to derivatives.
Doctors want to save lives and promote health. But their patients have the right to decide for themselves about what doctors do with them, and they are free to refuse treatment, even if it is unreasonable from a medical perspective. The law acknowledges this freedom even if a patient is incapable of responsible self-determination as a result of (mental) illness. Treatment contrary to the patient's declared intention will be allowed only under specific, narrow circumstances. These requirements must be legally established in a clear and precise manner. © Georg Thieme Verlag KG Stuttgart · New York.
May 20, 2014 ... Background: Glasgow Coma Scale (GCS) is the most commonly used tool in assessing comatose patients. It is simple, easily communicable, and useful in prognostication and determination of the treatment modality in head injury. Unfortunately, a high percentage of clinicians who are not in the emergency ...
This book deals with one of the most novel advances in natural computing, namely, in the field of tactile sense analysis. Massage, which provides relaxation and stimulation for human beings, is analyzed in this book for the first time by encoding the motions and tactile senses involved. The target audience is not limited to researchers who are interested in natural computing but also includes those working in ergonomic design, biomedical engineering, Kansei engineering, and cognitive science.
Chung, Gregory K; Michiuye, Joanne K; Brill, David G; Sinha, Ravi; Saadat, Farzad; de Vries, Linda F; Delacruz, Girlie C; Bewley, William L; Baker, Eva L
.... This report presents a review of knowledge mapping scoring methods and current online mapping systems, and the overall design, functionality, scoring, usability testing, and authoring capabilities of the CRESST system...
Full Text Available Abstract Background Development of effective scoring functions is a critical component to the success of protein structure modeling. Previously, many efforts have been dedicated to the development of scoring functions. Despite these efforts, development of an effective scoring function that can achieve both good accuracy and fast speed still presents a grand challenge. Results Based on a coarse-grained representation of a protein structure by using only four main-chain atoms: N, Cα, C and O, we develop a knowledge-based scoring function, called NCACO-score, that integrates different structural information to rapidly model protein structure from sequence. In testing on the Decoys'R'Us sets, we found that NCACO-score can effectively recognize native conformers from their decoys. Furthermore, we demonstrate that NCACO-score can effectively guide fragment assembly for protein structure prediction, which has achieved a good performance in building the structure models for hard targets from CASP8 in terms of both accuracy and speed. Conclusions Although NCACO-score is developed based on a coarse-grained model, it is able to discriminate native conformers from decoy conformers with high accuracy. NCACO is a very effective scoring function for structure modeling.
Paul, Simone; Smith, Peter K; Blumberg, Herbert H
In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.
Full Text Available The proliferation of technology emphasized new forms of payment. During the last years, current literature highlighted the role of virtual currency, the channels of payment through digital coins and the importance of assimilation of such platforms. Bitcoin or BTC is known as a digital coin, issued for the first time in 2009 and based on a peer to peer system. The difference from other forms of payment is that BTC is not controlled by any institution or central authority. BTC transactions have grown rapidly, ”asking" for regulation measures or legal approval of governments. Although BTC has become very popular, the market is poor and unfortunately of no confidence. There is a lack of regulation which can determine a number of risks associated with criminal financing activities. However, the legal status of Bitcoin is present in many European countries like Belgium, Bulgaria, Denmark, Finland, Germany, Lithuania, Norway, Poland, Slovenia, Switzerland or Turkey. Also, this type of currency has experienced a rapid evolution among coffee shops and restaurants.
The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.
Full Text Available The analysis of the international legal framework for media in a real structural form is a challenge that needs to be scientifically proven because of the exceptional role of media in general and its constant and substantial impact on the democratic processes taking place in the world. If we analyze media through the eyes of history, we cannot ignore the impression of the exceptional importance of freedom of expression as the source and promoter of many substantive changes and valuable components in the overall functioning of social and political settings. In this regard, special attention is given to the impact of media on contemporary trends related to the EU integration process, the development of democracy and the rule of law. It particularly emphasizes the freedom of expression, respect for values and standards principles, human rights and freedoms. The purpose of this paper is to analyze the international legal framework for the media and to show the determination of the most important covenants which represent a source of media law containing rules for the creation and implementation of media freedom, the expressive quality of ideas and definitely and inevitably this paper stresses the power of the media.
Lorang, Melissa R; McNiel, Dale E; Binder, Renée L
Sexting is the sending or forwarding of sexually explicit photographs or videos of the sender or someone known to the sender via cell phone. It has become common practice among young people, as cell phones are being given to adolescents at ever younger ages. Youths often send messages without giving appropriate thought to the content of the images. In studies on the subject, rates of minors who have sent sexual images range from 4 to 25 percent, depending on the age of the youths surveyed, the content of the messages and other factors. Because transferring and viewing sexually explicit material when the subject is a minor can be considered child pornography, there can be serious legal consequences. Several states have enacted legislation to help differentiate between child pornography and sexting by minors. The trend reflected in statutes has been that minors involved in sexting without other exacerbating circumstances should be charged with a less serious offense. There is no clear national consensus on how sexting by minors is adjudicated, and therefore we compared several statutes. Case examples are used to illustrate the range of legal outcomes, from felony charges to no charges. Two sexting episodes that were followed by suicide are described. We also address the role of the forensic mental health professional. © 2016 American Academy of Psychiatry and the Law.
M. Tayfun Gülle
Full Text Available The book includes detailed information concerning knowledge and knowledge management with current resources in seven chapters uder the titles of “organizational effects of knowlegde management, knowledge management systems, new knowledge discovery: data mining, computer as an information sharing platform, technologies as knowledge management: artificial intelligence and knowledge based systems, future of knowlegde management”. Concepts of knowledge and knowledge management becomes phenomenon for all disciplinaries so global companies, other companies, state sector, epistemologists, experts of innovation and governance, information professionals etc may find informative to it. The book also includes three prefaces which are well-informed and so all of them is summarized in the text.
Murphy, Johnna S; Lawton, Ellen M; Sandel, Megan
Many of the social determinants of health are rooted in legal problems. Medical-legal partnerships (MLPs) have the potential to positively change clinical systems. This change can be accomplished by integrating legal staff into health care clinics to educate staff and residents on social determinants of health and their legal origins. When the MLP team works directly with patients to identify and address legal needs that improve health outcomes, and incorporate legal insights and solutions into health care practice where the patient population is overwhelmingly impacted by social conditions, outcomes are beneficial to children and families. Copyright © 2015 Elsevier Inc. All rights reserved.
Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman
Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.
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
Rules of medical ethic bid since the times of antiquity to respect the patients dignity. Today to respect the dignity of any man is a general legal rule. In the same way other rules of the traditional medical ethic became legal norms as for instance the command forbidding to do harm to someone. The law intends to limit the possibilities to exercise power. Therefore it does not compete to the doctor alone to decide that a medical treatment has to be applied. The legal base of a medical treatment lies in the consent of the patient who has been duly cleared up on his state, the necessary treatment and its risks. If it has to be decided if a doctor has given the right treatment in a special case it does not suffice to consult the general rules of the law; the circumstances of the case have to be considered as well. The doctor has to decide, according to the actual medical knowledge and the rules of his professional art what the appropriate proceeding is. Legal and medical considerations are closely connected if one judges a doctor handling a special case. If the patient consents, the doctor is not obliged to treat him, but he is entitled to do it, cases of emergency excepted. If and in what way he treats the patient has to be decided by the doctor according to medical criterias. If a patient, sound of mind, who is suffering heavily by an incurable illness asks the doctor to restrain treatment to alleviating the pains and to the absolute cares to preserve life, the doctor is bound by his patient's wish. In analogy the legal construct of "conducting business without mandate" allows the doctor to proceed in the same way if the patient who lost consciousness is not able to decide upon the treatment and whose death is inevitable and imminent if this is the only wise to respect the dignity of the patient.
Kauffmann, Lene Teglhus
of the research is to investigate what is considered to ‘work as evidence’ in health promotion and how the ‘evidence discourse’ influences social practices in policymaking and in research. From investigating knowledge practices in the field of health promotion, I develop the concept of sound knowledge...... making, which I call ‘sound knowledge’. Sound knowledge is an approach to knowledge that takes the reflexive considerations of actors in policymaking processes as well as in research about what knowledge is into account. Seeing knowledge as sound makes connections between different ideas, concepts...... and ideologies explicit. Furthermore, in relation to an anthropology of knowledge, sound knowledge also offers a reconsideration of the way anthropologists study knowledge, as it specifies that studying knowledge for anthropologists means studying what people consider as knowledge, in what circumstances...
Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.
Lyudmila V. Butko
Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.
Ivan Anatol’yevich Bliznets
Full Text Available The spread of disruptive technology in the digital era is the ruling condition of modern sustainable development. The authors proceed from the fact that legal tools for the creation and use, protection of advanced technologies provide the technology transfer process from the owner to interested parties for further practical, commercial application or further improvement. The article analyzes the legal positions of the concept of technology, legal ways to use modern technologies, stages of their implementation and practical application. In the innovation process legal mechanism in combination with the modern means of innovative development stimulates the creation and transfer of new technologies and at the same time it is a key factor for sustainable development in the context of modern digital technology revolution. In the modern digital revolution, the technology transfer acquires new features and ways for the dissemination of technical innovation, which creates new challenges for legal theory and practice, and legal tools should meet the challenges of the time.
Global and national law firms alike operate in a challenging business environment and managing the firm's information and knowledge assets is increasingly viewed as a key factor in efficient legal service delivery. In legal practice, information management technologies, for example intranets, portals, workflow management ...
An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.
Seo-Young Cho; Axel Dreher; Eric Neumayer
This paper investigates the impact of legalized prostitution on human trafficking inflows. According to economic theory, there are two opposing effects of unknown magnitude. The scale effect of legalized prostitution leads to an expansion of the prostitution market, increasing human trafficking, while the substitution effect reduces demand for trafficked women as legal prostitutes are favored over trafficked ones. Our empirical analysis for a cross-section of up to 150 countries shows that th...
This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...
The growth of information technology and telecommunications has created promising opportunities for better, faster, more accessible, barrier-free health care; telemedicine (TM). The feasibility of many TM projects depends on resolving legal issues. Mastering technical issues or providing training remain important benchmarks for implementation of TM, but legal issues constrain progress. This article identifies the key legal issues, maps current legislation, and offers a forecast of necessary steps to expedite the dissemination of TM. Copyright © 2011 Elsevier Inc. All rights reserved.
Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi
The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...
Dragone, Davide; Prarolo, Giovanni; Vanin, Paolo; Zanella, Giulio
We provide first-pass evidence that the legalization of the cannabis market across US states may be inducing a crime drop. Exploiting the recent staggered legalization enacted by the adjacent states of Washington (end of 2012) and Oregon (end of 2014) we find, combining county-level difference-in-differences and spatial regression discontinuity designs, that the legalization of recreational marijuana caused a significant reduction of rapes and thefts on the Washington side of the border in 20...
Tsai, Jack; Jenkins, Darlene; Lawton, Ellen
To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.
Full Text Available The article with the title ‘’Modern tendencies and characteristics of Legal Writing in English for Specific Purposes’’ deals with the study of legal writing and its teaching in professional linguistic contexts, where writing is considered as a means of communication between two communities that have different languages, but share the same knowledge or expertise. The article describes some key features of legal writing as part of Writing for Specific Purposes. The historical background gives a hint on how the legal writing was considered at its beginnings, how it evolved and how it was taught through years. It also discusses the controversial issue whether writing should be taught together with the legal reasoning or not, taking into consideration the fact that the process of writing itself for most students is considered to be of a more complicated nature than the process of the legal reasoning. The characteristics of legal writing describe the specificities and the intricacies that the legal jargon implies, the archaic words, wordiness and the awkward sentence structure. Modern tendencies place emphasizes on another aspect of legal writing nowadays; that of writing in Plain English which implies a breaking of the cycle of the complicated writing toward a simplified way of writing, through a tiring and long process of writing where the reader is at the center of it. This means that every writing has been produced having the reader in mind implying that the general public that does not have a legal background should be able to understand it.
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
Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.
Larsen, Sara Tangmose; Lynnerup, Niels
At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....
А. А. Kablukov
Full Text Available Legal training of medical workers is an urgent problem that must be solved in order to improve the comprehensive process of teaching students at the Ukrainian medical schools. An example of implementation the initial stage of legal training for medical students based on existing training programs, within existing departments is described in this article. The acquisition of the primary skills for students in fi nding and selecting the legal documents and the ability to navigate skillfully in the chosen material is the result of the introduction of legal content information systemsinto the studying curriculum.
Munthe, Christian; Nielsen, Morten Ebbe Juul
This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.
Trevino, Roberto A; Richard, Alan J
Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.
The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i
The changing complexity of maxillofacial fractures in recent years has created a situation where classical systems of classification of maxillofacial injuries fall short of defining trauma particularly that observed with high-velocity collisions where more than one region of the maxillofacial skeleton is affected. Trauma scoring systems designed specifically for the maxillofacial region are aimed to provide a more accurate assessment of the injury, its prognosis, the possible treatment outcomes, economics, length of hospital stay, and triage. The evolution and logic of such systems along with their merits and demerits are discussed. The author also proposes a new system to aid users in quickly and methodically choosing the system best suited to their needs without having to study a plethora of literature available in order to isolate their choice. Copyright © 2016 Elsevier Ltd. All rights reserved.
The first of the four papers in this symposium, "Knowledge Management and Knowledge Dissemination" (Wim J. Nijhof), presents two case studies exploring the strategies companies use in sharing and disseminating knowledge and expertise among employees. "A Theory of Knowledge Management" (Richard J. Torraco), develops a conceptual…
Driftmann, Christian; Josipovic, Neven
The booklet on consultancy and knowledge management for radioactive waste disposal - use of external knowledge of the Asse archive covers the following topics: (i) Basic principles for consulting the government by external consultants: terminology, external consultancy in the legislative process, external consultancy in the administration. (ii) External consultancy in the frame of the final repository search: external consultancy profiles, legal appraisal.
Knowledge sharing and knowledge transfer are important to knowledge communication. However when groups of knowledge workers engage in knowledge communication activities, it easily turns into mere mechanical information processing despite other ambitions. This article relates literature of knowledge...... communication and knowledge creation to an intervention study in a large Danish food production company. For some time a specific group of employees uttered a wish for knowledge sharing, but it never really happened. The group was observed and submitted to metaphor analysis as well as analysis of co......-creation strategies. Confronted with the results, the group completely altered their approach to knowledge sharing and let it become knowledge co-creation. The conclusions are, that knowledge is and can only be a diverse and differentiated concept, and that groups are able to embrace this complexity. Thus rather than...
This U.S. contribution to the syllabus for Subgroup 5C treats with environmental and ecological aspects specific to fast breeder reactors, physical protection and safeguarding of the FBR cycle, fuel cycle centers (site selection problems for different degrees of collocation) and administrative and legal problems. Decommissioning of an FBR power plant, syllabus item C.1.7, is treated in separate contribution, more information on advanced safeguards for the fast breeder fyel cycle is contained in the contribution, USA WG 5C-tbd. A key conclusion of this is that with safeguards planning initiated early in the development of the FBR fuel cycle, time is available to develop, evaluate, and implement improved safeguards techniques and incorporate them into the design phase of all FBR cycle facilities
Brakel, S J
Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.
Pacula, Rosalie Liccardo; Smart, Rosanna
State-level marijuana liberalization policies have been evolving for the past five decades, and yet the overall scientific evidence of the impact of these policies is widely believed to be inconclusive. In this review we summarize some of the key limitations of the studies evaluating the effects of decriminalization and medical marijuana laws on marijuana use, highlighting their inconsistencies in terms of the heterogeneity of policies, the timing of the evaluations, and the measures of use being considered. We suggest that the heterogeneity in the responsiveness of different populations to particular laws is important for interpreting the mixed findings from the literature, and we highlight the limitations of the existing literature in providing clear insights into the probable effects of marijuana legalization.
Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.
Baranchik, Alvin; Cherkas, Barry
Presents a study involving three sections of pre-calculus (n=181) at four-year college where partial credit scoring on multiple-choice questions was examined over an entire semester. Indicates that grades determined by partial credit scoring seemed more reflective of both the quantity and quality of student knowledge than grades determined by…
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.
Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K.; Morsi, Hisham
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
Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K; Morsi, Hisham
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.
Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...
Breland, Hunter M.; Hart, Frederick M.
This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…
Anichkin, Eugene S.
The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…
Holdt Christensen, Peter
The concept of knowledge management has, indeed, become a buzzword that every single organization is expected to practice and live by. Knowledge management is about managing the organization's knowledge for the common good of the organization -but practicing knowledge management is not as simple...... as that. This article focuses on knowledge sharing as the process seeking to reduce the resources spent on reinventing the wheel.The article introduces the concept of time sensitiveness; i.e. that knowledge is either urgently needed, or not that urgently needed. Furthermore, knowledge sharing...... is considered as either a push or pull system. Four strategies for sharing knowledge - help, post-it, manuals and meeting, and advice are introduced. Each strategy requires different channels for sharing knowledge. An empirical analysis in a production facility highlights how the strategies can be practiced....
Full Text Available It is generally easier to predict defaults accurately if a large data set (including defaults is available for estimating the prediction model. This puts not only small banks, which tend to have smaller data sets, at disadvantage. It can also pose a problem for large banks that began to collect their own historical data only recently, or banks that recently introduced a new rating system. We used a Bayesian methodology that enables banks with small data sets to improve their default probability. Another advantage of the Bayesian method is that it provides a natural way for dealing with structural differences between a bank’s internal data and additional, external data. In practice, the true scoring function may differ across the data sets, the small internal data set may contain information that is missing in the larger external data set, or the variables in the two data sets are not exactly the same but related. Bayesian method can handle such kind of problem.
Doležal, Adam; Doležal, Tomáš
Roč. 10, č. 7 (2014), s. 53-70 ISSN 1857-7881 Institutional support: RVO:68378122 Keywords : causation * tort law * legal liability Subject RIV: AG - Legal Sciences http://www.eujournal.org/index.php/esj/article/view/2968
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
Palali, Ali; van Ours, Jan
We investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of
Palali, A. (Ali); J.C. van Ours (Jan)
textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential
Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...
Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...
Fosch Villaronga, Eduard; Husty, M.; Hofbaur, M.; Can Dede, M.I.
This paper describes some relevant legal aspects concerning non-social robots. Special attention is drawn to Person Carrier Robots (PCaR) and Physical Assistant Robots (PAR). Although concrete legal binding regulations concerning these two sub-types of Personal Care Robots (PCR) are missing, the
In this lecture the legal framework for a radiation safety infrastructure are presented. The objective of this lecture are: Legal framework; Regulatory programme; Role of Regulatory Authority in emergency situations; Assessment of the effectiveness of the regulatory programme; Cost effectiveness of the regulatory framework; and Priority actions
Full Text Available the article describes different approaches in definition of transnational corporation’s legal personality. The reviewed approaches have become available for the last fifty years and they contain completely opposite views on the legal personality of TNC. The methods of analyze, synthesis, ranging have been used during preparation of this article.
Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart
Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with
: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
L. J. Du Plessis
Full Text Available In this article, which has not been published before, the late Prof. du Plessis lays bare the philosophical roots of the liberal-democratic state, or the legal state, as he preferred to call it. After a recapitulative version of the theory of the legal state, het indicates the origin of this form in Greek philosophy and in Medieval thought. The stress, however, is on the Modem Era, in which he distinuishes two main periods in the development of the theory of the legal state:the jusnaturalistic period and thepositivistic or formal period.He argues that positivism has destroyed the original ideal o f individual freedom in facts by regarding justice as a purely formal matter susceptible to any content. All guarantees for individual freedom which rested on a universal normative system fe ll away. The state defines its own competence and limits itself to legal forms in all its activities. The legal state thus merely becomes the state, any state as determined by fixed rules o f its own making to which it binds itselfin all its functioning. Law sinks to a mere form in which the juristic personality of the state manifests its supremacy, and from this there is only one step to the concept that the state is identical with law, so that any state necessarily is a legal state, and any state action which is formally correct, is legal. The article concludes with a brief representation o f the author’s own political and legal vision.
Patterson, Jeanne Boland; Patrick, Adele; Parker, Randall M.
The concept of choice has evolved into legal mandates and ethical challenges for rehabilitation professionals during the latter part of the 20th century. This article identifies the ethical and legal issues related to choice, summarizes a pilot project on rehabilitation counselors' perceptions of choice, and provides recommendations for…
Hawley, Richard A.
History reveals that drug legalization accelerates new use and contributes to a larger population of chronic users. When states energetically enforce antidrug laws and policies, illegal drug use is reduced and eliminated. Drug use is incompatible with healthy child development and learning. Legalizing drugs is the shallowest response to the…
Gasaway, Laura N.
Copyright and other intellectual property issues have dominated discussions of legal issues surrounding the Internet. There are other issues of considerable importance that also attract attention. Five legal issues affecting the Internet are addressed: copyright, online service-provider liability, database protection, obscenity, and privacy. Cited…
This article deals with the project on legal terminology in the African languages. It focuses on terminology aspects relating to the coining of terms for the legal profession. Terminology development in South Africa has been hampered by a number of sociolinguistic factors. During recent years South Africa has seen ...
Holtermann, Jakob v. H.; Madsen, Mikael Rask
complex analysis which takes legal validity seriously but as a genuinely empirical object of study. This article constructs this position by identifying a distinctively European realist path which takes as its primary inspirations Weberian sociology of law and Alf Ross’ Scandinavian Legal Realism...
Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)
Sellers, Mortimer; Sellers, Mortimer
The internationalization of commerce and contemporary life has led to a globalization of legal standards and practices. The essays in this text explore this new reality and suggest ways in which the new legal order can be made more just and effective.
... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Legal basis. 1203.100 Section 1203.100 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION INFORMATION SECURITY PROGRAM Scope § 1203.100 Legal basis. (a) Executive Order 12958 (hereinafter referred to as “the Order”). The...
... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...
... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT STATEMENTS OF GENERAL POLICY OR INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or...
However, its application in legal research could pose specific challenges to researchers and could impact on crucial aspects of .... electronic media channels. Rather, they emphasise that legal research ..... to the changing information environment and to exercise control over the digital tools and resources. This involves ...
and researchers. CURRENT E-GOVERNMENT. REGULATORY ELEMENTS. In an attempt to regulate the e-Government and. ICT related initiatives the Ethiopian government has been engaged in producing some regulatory and legal documents. These legal document include: e-Signature law, e-Commerce law, data.
Renewable energy has a prominent role in promoting energy access and addressing environmental concerns with energy use in Nigeria. However, there are legal barriers that have not allowed renewable energy to be used in the Nigerian electricity sector. The absence of an effective legal framework to encourage and ...
Foss, Nicolai Juul; Mahnke, Volker
Knowledge management has emerged as a very successful organization practice and has beenextensively treated in a large body of academic work. Surprisingly, however, organizationaleconomics (i.e., transaction cost economics, agency theory, team theory and property rightstheory) has played no role...... in the development of knowledge management. We argue thatorganizational economics insights can further the theory and practice of knowledge managementin several ways. Specifically, we apply notions of contracting, team production,complementaries, hold-up, etc. to knowledge management issues (i.e., creating...... and integrationknowledge, rewarding knowledge workers, etc.) , and derive refutable implications that are novelto the knowledge management field from our discussion....
Full Text Available Background: Hospitals are the centre of cure and also the important centres of infectious waste generation. Effective management of Biomedical Waste (BMW is not only a legal necessity but also a social responsibility. Aims and Objectives: To assess the knowledge and practice in managing the biomedical wastes among nursing staff and student nurses in RIMS, Ranchi. Materials and methods: The study was conducted at RIMS, Ranchi from Oct 2013 to March 2014 (6 months. It was a descriptive, hospital based, cross-sectional study. A total of 240 nurses participated in the present study, randomly chosen from various departments A pre-designed, pre-tested, structured proforma was used for data collection after getting their informed consent. Self-made scoring system was used to categorize the participants as having good, average and poor scores. Data was tabulated and analyzed using percentages and chi-square test. Results: The knowledge regarding general information about BMW management was assessed(with scores 0-8,it was found that level of knowledge was better in student nurses than staff nurses as student nurses scored good(6-8correct answers in more than half of the questions (65%.Whereas staff nurses scored good in only 33.33% questions. When the practical information regarding the BMW management is assessed (with scores 0-8, it was found that staff nurses had relatively better practice regarding BMW management than students as they scored good(6-8correct answers in 40% and 30% respectively. Conclusion: Though overall knowledge of study participants was good but still they need good quality training to improve their current knowledge about BMW.
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…
Kirkeby, Inge Mette
Although serious efforts are made internationally and nationally, it is a slow process to make our physical environment accessible. In the actual design process, architects play a major role. But what kinds of knowledge, including research-based knowledge, do practicing architects make use of when...... designing accessible environments? The answer to the question is crucially important since it affects how knowledge is distributed and how accessibility can be ensured. In order to get first-hand knowledge about the design process and the sources from which they gain knowledge, 11 qualitative interviews...... were conducted with architects with experience of designing for accessibility. The analysis draws on two theoretical distinctions. The first is research-based knowledge versus knowledge used by architects. The second is context-independent knowledge versus context-dependent knowledge. The practitioners...
Since at least the enactment of No Child Left Behind in 2002, standardized test scores have served as the primary measures of public school effectiveness. Yet, such scores fail to measure the ultimate goal of education: maximizing happiness. This exploratory analysis assesses nation level associations between test scores and happiness, controlling…
Wang, Julie B; Cataldo, Janine K
We examined effects of long-term medical marijuana legalization on cigarette co-use in a sample of adults. We conducted secondary analysis using data from the 2014 US Tobacco Attitudes and Beliefs Survey, which consisted of cigarette smokers, aged ≥ 45 years (N = 506). Participants were categorized by their state residence, where medical marijuana was (1) illegal, (2) legalized legalized ≥ 10 years. The Web-based survey assessed participants' marijuana use, beliefs and attitudes on marijuana, and nicotine dependence using Fagerstrom Tolerance for Nicotine Dependence (FTND) and Hooked on Nicotine Checklist (HONC) scores. In cigarette smokers aged ≥ 45 years, long-term legalization of medical marijuana was associated with stable positive increases in marijuana use prevalence (ever in a lifetime) (p = .005) and frequency (number of days in past 30 days) (unadjusted p = .005; adjusted p = .08). Those who reported marijuana co-use had greater FTND and HONC scores after adjusting for covariates (p = .05). These preliminary findings warrant further examination of the potential impact of long-term legalization of medical marijuana on greater cigarette and marijuana co-use in adults and higher nicotine dependence among co-users at the population level.
Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.
Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.
Massuelle, M.; Pirard, P.; Hubert, P.
In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)
Knowledge spaces offer a rigorous mathematical foundation for various practical systems of knowledge assessment. An example is offered by the ALEKS system (Assessment and LEarning in Knowledge Spaces), a software for the assessment of mathematical knowledge. From a mathematical standpoint, knowledge spaces generalize partially ordered sets. They are investigated both from a combinatorial and a stochastic viewpoint. The results are applied to real and simulated data. The book gives a systematic presentation of research and extends the results to new situations. It is of interest to mathematically oriented readers in education, computer science and combinatorics at research and graduate levels. The text contains numerous examples and exercises and an extensive bibliography.
Nov 21, 2014 ... Intervention clinic nurses were also surveyed immediately after training and three months post-training. Data were analysed using SPSS version 19 (SPSS Inc., Chicago, IL).Total mean knowledge percentage scores were calculated for each chronic disease. Mean knowledge percentage score changes.
Knowledge and prevalence of Human African Trypanosomiasis among residents of Kachia grazing reserve, Kachia local government area, Kaduna state, ... Knowledge of HAT was scored 0-5 and categorized good (3-5) and poor (0-2) based on score, predisposition to risk of HAT as exposure to ≥two risk factors and, ...
Shariq, Syed Z.; Kutler, Paul (Technical Monitor)
The emergence of rapidly expanding technologies for distribution and dissemination of information and knowledge has brought to focus the opportunities for development of knowledge-based networks, knowledge dissemination and knowledge management technologies and their potential applications for enhancing productivity of knowledge work. The challenging and complex problems of the future can be best addressed by developing the knowledge management as a new discipline based on an integrative synthesis of hard and soft sciences. A knowledge management professional society can provide a framework for catalyzing the development of proposed synthesis as well as serve as a focal point for coordination of professional activities in the strategic areas of education, research and technology development. Preliminary concepts for the development of the knowledge management discipline and the professional society are explored. Within this context of knowledge management discipline and the professional society, potential opportunities for application of information technologies for more effectively delivering or transferring information and knowledge (i.e., resulting from the NASA's Mission to Planet Earth) for the development of policy options in critical areas of national and global importance (i.e., policy decisions in economic and environmental areas) can be explored, particularly for those policy areas where a global collaborative knowledge network is likely to be critical to the acceptance of the policies.
Assifi, Anisa R; Berger, Blair; Tunçalp, Özge; Khosla, Rajat; Ganatra, Bela
Incorrect knowledge of laws may affect how women enter the health system or seek services, and it likely contributes to the disconnect between official laws and practical applications of the laws that influence women's access to safe, legal abortion services. To provide a synthesis of evidence of women's awareness and knowledge of the legal status of abortion in their country, and the accuracy of women's knowledge on specific legal grounds and restrictions outlined in a country's abortion law. A systematic search was carried for articles published between 1980-2015. Quantitative, mixed-method data collection, and objectives related to women's awareness or knowledge of the abortion law was included. Full texts were assessed, and data extraction done by a single reviewer. Final inclusion for analysis was assessed by two reviewers. The results were synthesised into tables, using narrative synthesis. Of the original 3,126 articles, and 16 hand searched citations, 24 studies were included for analysis. Women's correct general awareness and knowledge of the legal status was less than 50% in nine studies. In six studies, knowledge of legalization/liberalisation ranged between 32.3%-68.2%. Correct knowledge of abortion on the grounds of rape ranged from 12.8%-98%, while in the case of incest, ranged from 9.8%-64.5%. Abortion on the grounds of fetal impairment and gestational limits, varied widely from 7%-94% and 0%-89.5% respectively. This systematic review synthesizes literature on women's awareness and knowledge of the abortion law in their own context. The findings show that correct general awareness and knowledge of the abortion law and legal grounds and restrictions amongst women was limited, even in countries where the laws were liberal. Thus, interventions to disseminate accurate information on the legal context are necessary.
Anisa R Assifi
Full Text Available Incorrect knowledge of laws may affect how women enter the health system or seek services, and it likely contributes to the disconnect between official laws and practical applications of the laws that influence women's access to safe, legal abortion services.To provide a synthesis of evidence of women's awareness and knowledge of the legal status of abortion in their country, and the accuracy of women's knowledge on specific legal grounds and restrictions outlined in a country's abortion law.A systematic search was carried for articles published between 1980-2015. Quantitative, mixed-method data collection, and objectives related to women's awareness or knowledge of the abortion law was included. Full texts were assessed, and data extraction done by a single reviewer. Final inclusion for analysis was assessed by two reviewers. The results were synthesised into tables, using narrative synthesis.Of the original 3,126 articles, and 16 hand searched citations, 24 studies were included for analysis. Women's correct general awareness and knowledge of the legal status was less than 50% in nine studies. In six studies, knowledge of legalization/liberalisation ranged between 32.3%-68.2%. Correct knowledge of abortion on the grounds of rape ranged from 12.8%-98%, while in the case of incest, ranged from 9.8%-64.5%. Abortion on the grounds of fetal impairment and gestational limits, varied widely from 7%-94% and 0%-89.5% respectively.This systematic review synthesizes literature on women's awareness and knowledge of the abortion law in their own context. The findings show that correct general awareness and knowledge of the abortion law and legal grounds and restrictions amongst women was limited, even in countries where the laws were liberal. Thus, interventions to disseminate accurate information on the legal context are necessary.
Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D
Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420
Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.
Gatot, D.; Mardia, A. I.
Deep Vein Thrombosis (DVT) is the venous thrombus in lower limbs. Diagnosis is by using venography or ultrasound compression. However, these examinations are not available yet in some health facilities. Therefore many scoring systems are developed for the diagnosis of DVT. The scoring method is practical and safe to use in addition to efficacy, and effectiveness in terms of treatment and costs. The existing scoring systems are wells, caprini and padua score. There have been many studies comparing the accuracy of this score but not in Medan. Therefore, we are interested in comparative research of wells, capriniand padua score in Medan.An observational, analytical, case-control study was conducted to perform diagnostic tests on the wells, caprini and padua score to predict the risk of DVT. The study was at H. Adam Malik Hospital in Medan.From a total of 72 subjects, 39 people (54.2%) are men and the mean age are 53.14 years. Wells score, caprini score and padua score has a sensitivity of 80.6%; 61.1%, 50% respectively; specificity of 80.65; 66.7%; 75% respectively, and accuracy of 87.5%; 64.3%; 65.7% respectively.Wells score has better sensitivity, specificity and accuracy than caprini and padua score in diagnosing DVT.
Dr.Sc. Hamdi Podvorica
Full Text Available Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them. The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they
Vinding, Niels Valdemar
This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...
Governments are particularly salient stakeholders for business ethics. They act on societal needs and social expectations, and have the political and legal powers to restrict or expand the economic freedoms of business as well as the legitimacy and often urgency to do so. We draw on two examples......: the Business & Human Rights regime from a UN Global Compact perspective; and mandatory CSR reporting. Supplying integrated teaching notes and generalising on the examples, we explain how legal method may help students of business ethics, organisation and management – future managers – in their analysis...... to the business ethics literature by explaining how legal method complements stakeholder theory for organisational practice....
Frederico de Andrade Gabrich
Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.
Wall, Terry J.
The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed
Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi
Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.
Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.
Marcum, Tanya M.; Perry, Sandra J.
In the Legal Environment of Business course in a traditional undergraduate business curriculum, students are expected to acquire knowledge about many areas of the law and the application of law to business, society, and the international marketplace. Current concepts in undergraduate business education, such as ethics and sustainability, must also…
Talbutt, Lou Culler
Reviews court cases dealing with abortion and the counselor's legal responsibility to both the student and parents. Provides practical recommendations on abortion counseling with minors and suggests that counselors urge minors to discuss abortion plans with parents. Counselor should consider local mores and be knowledgeable about appropriate…
Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.
An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working
Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.
Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.
One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.
The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing
Bagher, A; Wingren, C J; Ottosson, A; Andersson, L; Wangefjord, S; Acosta, S
It is rare that epidemiological surveys of patients with major trauma include both those admitted to the emergency department and those sent for medico-legal autopsy. The main aim of the present population-based study of major trauma was to examine the importance of medico-legal autopsy data. A new injury severity score (NISS)>15 or lethal outcome was used as criteria for major trauma and to identify patients at the emergency, anaesthesiology and forensic departments and/or being within the jurisdiction of the Malmö police authority and subjected to a medico-legal autopsy between 2011 and 2013. According to Swedish legislation all trauma related deaths should be reported to the police who refer these cases for medico-legal autopsy. Among the 174 individuals included, 92 (53%) died and 81 (47%) underwent medico-legal autopsy. One hundred twenty-six patients were primarily admitted to hospital and 48 died before admission to hospital and were sent directly for medico-legal autopsy. Forty-four in-hospital deaths occurred, of whom 33 (75%) were sent to medico-legal autopsy. In those sent directly to the department of forensic medicine the proportion of accidents was lower (pautopsies among trauma-related deaths at hospital were high age (pautopsy according to legislation, but did not. The high proportion of positive toxicological findings among fatalities examined at medico-legal autopsy implies that toxicology screening should be routine in major trauma patients, in order to improve treatment and prevention. Copyright © 2015 Elsevier Ltd. All rights reserved.
Full Text Available The conditions that Kant’s doctrine establishes are examined for the predication of the effective reality of certain empirical objects. It is maintained that a for such a predication, it is necessary to have not only perception but also a certain homogeneity of sensible data, and b the knowledge of the existence of certain empirical objects depends on the application of regulative principles of experience.
In the knowledge-based economy, a company performs a set of activities focused on knowledge: identifying necessary knowledge, buying knowledge, learning, acquiring knowledge, creating knowledge, storing knowledge, sharing knowledge, using knowledge, protection of knowledge, capitalizing knowledge. As a result, a new function emerge: the knowledge function. In the knowledge-based companies, not every knowledge has the same impact. The analysis of the actual situations in the most developed an...
Brackett, David A.; Perreault, George; Sparkman, William; Thornton, Billy W.; Barclay, Nicholas
Most educational leadership preparation programs include classes designed to provide a broad survey of legal issues in the profession. Soon after these future leaders complete course requirements, their knowledge base can be outdated. We discuss, through relevant research along with theoretical and actual case studies, contemporary legal issues…
Madsen, Erik Skov; Riis, Jens Ove; Sørensen, Brian Vejrum
Purpose: In the context of transferring manufacturing knowledge to new locations, whether this is to parties inside or outside the legal boundary of a firm, a key problem remains, that it is often difficult to explain what operators really know, or why what they do really works. Still most attent...
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.
Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php
In today's increasingly polarized political climate, science is becoming more politicized, which in turn leads to scientists facing an increased involvement in legal discussion about their work, their correspondence, and their public statements. At times these attacks on scientists and their academic freedom are unwarranted and can leave many confused and wondering how to handle the situation. To help out, AGU and the Climate Science Legal Defense Fund (CSLDF) have partnered to prepare the scientific community for these challenges through a Legal Education Series, a series of webinars along with events at AGU's 2012 Fall Meeting. This series provides scientists with information to help guide and update them on legal issues and situations currently making their way through the courts.
Full Text Available In the Republic of Macedonia, international treaties ratified in accordance with the Constitution are considered part of the internal legal order and cannot be changed by an act of Parliament. This solution confirms the principle that international treaties have more legal authority than all the other legal acts, with the exception of the Constitution. This article aims to give an insight on the constitutional provisions that regulate the position of international treaties in the Macedonian legal order. It identifies its advantages and shortcomings and offers some solutions that might be taken into account by the lawgiver in the future. The article also analyses the profound impact that the European Convention on Human Rights has exerted on the substantial nature of the catalogue of fundamental rights and freedoms prescribed in the Constitution of the Republic of Macedonia.
This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.
Full Text Available Introduction: The changing doctor-patient relationship and commercialization of modem medical practice has affected the practice of medicine. The fundamental values of medicine insist that the doctors should be aware about the various medico-legal issues which help in proper recording of medical management details. Aim: To evaluate the knowledge on Medico-legal Issues among Medical and Dental College Health Professionals of Meenakshi University (MAHER, Tamilnadu. Materials & Method: A cross-sectional survey was conducted among health professionals of Meenakshi University (MAHER, Tamilnadu. A total o f320 health professionals (163 medical and 157 dental participated in the study. A structured, closed ended, self-administered questionnaire was used for collection of data. Chi-square test was used to compare the awareness of medico-legal issues between medical and dental health professionals. Results: Among the 320 health professionals, 87.4% of medical and 76.1% of dental professionals were aware about the informed consent, 18.8% of medical and 5.7% of dental professionals had awareness about COPRA and only 14.3% of medical and 7.6% of dental professionals had awareness regarding the Medico-legal programs/courses. Conclusions: The results illustrated that the participants had little awareness on medico-legal issues. Hence there is an urgent need to update the understanding of these issues to be on a legally safer side.
Foss, Nicolai Juul; Mahnke, Volker
Knowledge management has emerged as a very successful organization practice and has beenextensively treated in a large body of academic work. Surprisingly, however, organizationaleconomics (i.e., transaction cost economics, agency theory, team theory and property rightstheory) has played no role...... in the development of knowledge management. We argue thatorganizational economics insights can further the theory and practice of knowledge managementin several ways. Specifically, we apply notions of contracting, team production,complementaries, hold-up, etc. to knowledge management issues (i.e., creating...
Kerr, Aphra; O Riain, Sean
We examine a number of key questions regarding this knowledge economy. First, we look at the origin of the concept as well as early attempts to define and map the knowledge economy empirically. Second, we examine a variety of perspectives on the socio-spatial organisation of the knowledge economy and approaches which link techno-economic change and social-spatial organisation. Building on a critique of these perspectives, we then go on to develop a view of a knowledge economy that is conteste...
Weber, Rolf H
Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.
Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...
This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose...
Palali, Ali; van Ours, Jan C
textabstractWe investigate the determinants of the support for cannabis legalization finding a causal effect of personal experience with cannabis use. Current and past cannabis users are more in favor of legalization. We relate this finding to self-interest and inside information about potential dangers of cannabis. While the self-interest effect is not very surprising, the effect of inside information suggests that cannabis use is not as harmful as cannabis users originally thought it was be...
John Armour; Douglas Cumming
Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...
Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.
Audronė Androšiūnaitė; Borisas Melnikas
The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...
Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.
Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section
Frederico de Andrade Gabrich
There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...
Full Text Available In the knowledge-based economy, a company performs a set of activities focused on knowledge: identifying necessary knowledge, buying knowledge, learning, acquiring knowledge, creating knowledge, storing knowledge, sharing knowledge, using knowledge, protection of knowledge, capitalizing knowledge. As a result, a new function emerge: the knowledge function. In the knowledge-based companies, not every knowledge has the same impact. The analysis of the actual situations in the most developed and highly performing companies - based in knowledge, outlines the occurrence of a new category of knowledge – strategic knowledge. Generating this category of knowledge is a new category of challenge for the scientific system.
Huang, Fuqiang; DU, Chunlin; Sun, Menghui; Ning, Bing; Luo, Ying; An, Shengli
To realize propensity score matching in PS Matching module of SPSS and interpret the analysis results. The R software and plug-in that could link with the corresponding versions of SPSS and propensity score matching package were installed. A PS matching module was added in the SPSS interface, and its use was demonstrated with test data. Score estimation and nearest neighbor matching was achieved with the PS matching module, and the results of qualitative and quantitative statistical description and evaluation were presented in the form of a graph matching. Propensity score matching can be accomplished conveniently using SPSS software.
O'Reilly, G.; Malone, J. F.
The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)
Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient
The IAEA Director General appointed an international Panel of Experts to go into the question of Civil Liability and State Responsibility for Nuclear Hazards. The Panel had before it certain basic postulates formulated after a preliminary and tentative consideration of the subject. From the viewpoint of the public, the first postulate is, of course, that the use of nuclear energy be regulated by adequate licensing and control mechanisms so as to prevent any accidents. To the extent, however, that nuclear damage cannot be prevented, there must be liability on the part of the enterprise which caused the damage and, where damage exceeds its liability or its financial resources there should be some assurance of compensation by the State. This should be so not only within the borders of one State, but especially also on an international basis. Security should be required for the possible liability of the enterprises connected with a nuclear incident. Litigation with respect to liability should be concentrated in the most convenient tribunal and be governed by a single clearly defined law. The methods of distribution should meet general standards of equity and be as expeditious as possible. Emergency measures, especially evacuation, first aid and decontamination, should be organized and financed without delay. At the same time, the liability of an enterprise should not exceed its reasonable financial capabilities. This means that a ceiling should be imposed upon the amount of third party liability to which an enterprise could be held. And the liability should generally be such as can be covered by adequate financial security. Uniformity in the treatment of victims of nuclear incidents in all these fields is a desirable goal. Yet, if a rule adopted on an international level or suggested by uniform legislation were to be viable, it should adapt itself to the social, economic and legal order already existing in individual States. This may mean that in certain fields it
Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana. © 2016 by Kerman University of Medical Sciences.
Olga A. Krapivkina
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.
Lyles, Marjorie; Pedersen, Torben; Petersen, Bent
, assimilating, and utilizing knowledge - are crucial determinants ofknowledge gap elimination. In contrast, the two factors deemed essential in traditionalinternationalization process theory - elapsed time of operations and experientiallearning - are found to have no or limited effect.Key words......: Internationalization, knowledge gap, absorptive capacity, learning box....
Full Text Available A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for such knowledge is more now than before in light of higher premium being placed by the Indian forums on the value of human life and suffering, and perhaps rightly so. Judicial forums, while seeking to identify delinquents and delinquency in the cases of medical negligence, actually aim at striking a careful balance between the autonomy of a doctor to make judgments and the rights of a patient to be dealt with fairly. In the process of adjudication, the judicial forums tend to give sufficient leeway to doctors and expressly recognize the complexity of the human body, inexactness of medical science, the inherent subjectivity of the process, genuine scope for error of judgment, and the importance of the autonomy of the doctors. The law does not prescribe the limits of high standards that can be adopted but only the minimum standard below which the patients cannot be dealt with. Judicial forums have also signaled an increased need of the doctors to engage with the patients during treatment, especially when the line of treatment is contested, has serious side effects and alternative treatments exist.
Purpose – The purpose of this paper is to examine how the spanning of inter-organizational weak ties and technological boundaries influences knowledge brokering. Design/methodology/approach – The paper is based on original fieldwork and employs a case study research design, investigating a Danish...... HTSF’s inter-organizational activities. Findings – The findings show how an inter-organizational search that crosses technological boundaries and is based on a network structure of weak ties can imply a reduced risk of unwanted knowledge spill-over. Research limitations/implications – By not engaging...... in strong tie collaborations a knowledge brokering organization can reduce the risk of unwanted knowledge spill-over. The risks and opportunities of knowledge spill-over furthermore rely on the nature of the technology involved and to what extent technological boundaries are crossed. Practical implications...
Vaudel, Marc; Breiter, Daniela; Beck, Florian; Rahnenführer, Jörg; Martens, Lennart; Zahedi, René P
While peptides carrying PTMs are routinely identified in gel-free MS, the localization of the PTMs onto the peptide sequences remains challenging. Search engine scores of secondary peptide matches have been used in different approaches in order to infer the quality of site inference, by penalizing the localization whenever the search engine similarly scored two candidate peptides with different site assignments. In the present work, we show how the estimation of posterior error probabilities for peptide candidates allows the estimation of a PTM score called the D-score, for multiple search engine studies. We demonstrate the applicability of this score to three popular search engines: Mascot, OMSSA, and X!Tandem, and evaluate its performance using an already published high resolution data set of synthetic phosphopeptides. For those peptides with phosphorylation site inference uncertainty, the number of spectrum matches with correctly localized phosphorylation increased by up to 25.7% when compared to using Mascot alone, although the actual increase depended on the fragmentation method used. Since this method relies only on search engine scores, it can be readily applied to the scoring of the localization of virtually any modification at no additional experimental or in silico cost. © 2013 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.
Factor scores are naturally predicted by means of their conditional expectation given the indicators y. Under normality this expectation is linear in y but in general it is an unknown function of y. II is discussed that under nonnormality factor scores can be more precisely predicted by a quadratic
Culp, Linda; Malone, Virginia
Explains how peer scores can be used to constitute one part of students' grades on group projects. Contributions students make to a project are defined in four categories: creativity/ideas contributed, research/data collection, writing/typing/artwork, and organizing/collating. A scoring rubric for these categories is presented. (PR)
Boom, B.J.; Beumer, G.M.; Spreeuwers, Lieuwe Jan; Veldhuis, Raymond N.J.
Accurate face registration is of vital importance to the performance of a face recognition algorithm. We propose a new method: matching score based face registration, which searches for optimal alignment by maximizing the matching score output of a classifier as a function of the different
This article provides an introduction to the kind of computer software that is used to score student writing in some high stakes testing programs, and that is being promoted as a teaching and learning tool to schools. It sketches the state of play with machines for the scoring of writing, and describes how these machines work and what they do.…
Peisah, Carmelle; Bhatia, Sangita; Macnab, Jenna; Brodaty, Henry
Financial abuse is the most common form of elder abuse. Capacity Australia, established to promote education regarding capacity and abuse prevention across health, legal and financial sectors, was awarded a grant by the Dementia Collaborative Research Centre to educate the banking sector on financial abuse and dementia. We aimed to develop a knowledge translation tool for bank staff on this issue. The banking sector across Australia was engaged and consulted to develop a tailored education tool based on Australian Banking Association's Guidelines on Financial Abuse Prevention, supplemented by information related to dementia, financial capacity and supported decision-making. The tool was tested on 69 banking staff across Australia from two major banks. An online education tool using adaptive learning was developed, comprising a pretest of 15 multiple choice questions, followed by a learning module tailored to the individual's performance on the pretest, and a post-test to assess knowledge translation. A significant increase in scores was demonstrated when baseline scores were compared with post-course scores (mean difference in scores = 3.5; SD = 1.94; t = 15.1; df = 68; p education tool on dementia, abuse and financial capacity. This online e-tool provides an effective medium for knowledge translation. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.
Cheek, Susannah Mary; Murry, Jason Steven; Truitt, Michael Seth; Dunn, Ernest Lewis
According to the US National Highway Traffic Safety Administration, in 2010, 10,228 people were killed in alcohol-impaired driving crashes. Daily, intoxicated drivers are seen in trauma centers across the country. At our trauma center, we sought to determine the number of drivers who had a documented elevation in their blood alcohol content (BAC) and compare this with county police records to evaluate how many charges for driving while intoxicated (DWI) were issued. A retrospective chart review was performed for trauma admissions during a 3-year period. Patients with a BAC of less than 0.08 g/dL were excluded. Only documented drivers were included. This group of intoxicated drivers was then compared against public records from the Dallas County for any record of a charge of DWI. During a 3-year period, from 2009 to 2011, 118 drivers had a confirmed BAC above the legal limit of 0.08 g/dL. Average BAC level was 0.218 g/dL. Injuries varied widely between patients with an average Injury Severity Score (ISS) of 11. Extremity fractures were seen in 27%, facial fractures were seen in 16%, and intracranial hemorrhage was seen in 7%. Forty-eight percent of the patients were admitted to the intensive care unit initially, with an average length of intensive care unit stay of 1.5 days (range, 0-25 days). Only 18% of our patients (21) received a charge of DWI. Four patients were charge with related offenses. A motor vehicle accident may be protective against the legal ramifications of drinking and driving. Less than 20% of patients who were driving under the influence incurred any legal repercussion. Deterrents that prevent law enforcement from being able to obtain evidence needed for prosecution should be eliminated. Health care providers and law enforcement agencies should work as a team to help mitigate the incidence of drunk driving and its burden on society. Epidemiologic study, level III.
Israel, Salomon; Caspi, Avshalom; Belsky, Daniel W; Harrington, HonaLee; Hogan, Sean; Houts, Renate; Ramrakha, Sandhya; Sanders, Seth; Poulton, Richie; Moffitt, Terrie E
Credit scores are the most widely used instruments to assess whether or not a person is a financial risk. Credit scoring has been so successful that it has expanded beyond lending and into our everyday lives, even to inform how insurers evaluate our health. The pervasive application of credit scoring has outpaced knowledge about why credit scores are such useful indicators of individual behavior. Here we test if the same factors that lead to poor credit scores also lead to poor health. Following the Dunedin (New Zealand) Longitudinal Study cohort of 1,037 study members, we examined the association between credit scores and cardiovascular disease risk and the underlying factors that account for this association. We find that credit scores are negatively correlated with cardiovascular disease risk. Variation in household income was not sufficient to account for this association. Rather, individual differences in human capital factors—educational attainment, cognitive ability, and self-control—predicted both credit scores and cardiovascular disease risk and accounted for ∼45% of the correlation between credit scores and cardiovascular disease risk. Tracing human capital factors back to their childhood antecedents revealed that the characteristic attitudes, behaviors, and competencies children develop in their first decade of life account for a significant portion (∼22%) of the link between credit scores and cardiovascular disease risk at midlife. We discuss the implications of these findings for policy debates about data privacy, financial literacy, and early childhood interventions.
This study deals with legal language, the bridging of communication problems in a legal setting by especially court interpreters, and difficulties these legal linguists may experience in this endeavour. Some word-forming principles are discussed and examples are given of typical multilingual coinages in the legal profession.
... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...
... 20 Employees' Benefits 1 2010-04-01 2010-04-01 false Relationship resulting from legal adoption... RETIREMENT ACT FAMILY RELATIONSHIPS Relationship as Child § 222.33 Relationship resulting from legal adoption... applicable State law. Legal adoption differs from equitable adoption in that in the case of legal adoption...
Brölmann, C.; Nijman, J.
Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper
The legal deposit of and preservation of digital materials depends on the proper legislative framework and implementation of the Legal Deposit Act. This article examines the challenges related to legal instruments affecting the legal deposit of digital materials in South Africa. Two main objectives of the study upon which this ...
... 45 Public Welfare 3 2010-10-01 2010-10-01 false Persons under legal disability. 505.2 Section 505... under legal disability. (a) Claims may be submitted on behalf of persons who, being otherwise eligible... legal disability, by the natural or legal guardian, committee, conservator, curator, or any other person...
Kucherenko, Petr A.; Sangadzhiev, Badma.V.; Velibekov, Murad C.
The relevance of the study of the legal nature and functions of the referendum is conditioned by the increasing dynamics of development of direct democracy in the developed countries and the needs to legalize it in constitutional and legal norms to ensure stability in society. The purpose of this paper is to define the legal nature of the…
In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system). Keywords: Israeli legal system, Israeli Supreme Court, legal systemics, ...
Costa Ramos, Vânia
The following article gives an overview of legal aid for victims in criminal cases in Portugal. It addresses the issues of a victim’s access to a lawyer, when and how the right is granted (right to legal assistance), and under what circumstances the victim has a right to financial legal aid (right to financial legal aid).
Legal ethics training in law faculties the world over often neglects teaching aspects of morality to focus on reviews of rules of professional legal conduct. This article argues that if legal education is to adequately prepare law graduates for legal practice, it must offer more than reviews of these codes of conduct. To properly ...
Benda-Beckmann, von F.
Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a
... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...
... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A person using this part shall serve interrogatories and legal process on the agent to receive process as...
Hooff, B. van den; Elving, W.; Meeuwsen, J.M.; Dumoulin, C.
In this chapter of the book ‘Communities and Technologies’ (M. Huysman et al. (eds.), Kluwer 2003) the contribution of ICT to knowledge sharing in communities of practice is investigated. A theoretical model is built that identifies the possible influence of ICT on the extent to which knowledge is
The rise of social media and web 2.0 technologies over the last few years has impacted many communication functions. One influence is organizational bloggers as knowledge mediators on government agency practices. The ways in which these organizational bloggers in their roles as experts are able...... to change, facilitate, and enable communication about a broad range of specialized knowledge areas, in a more open interactional institutional communication environment than traditional media typically offer, give rise to a set of new implications as regards the mediation of expert knowledge to the target...
Mental health nurses routinely hand over clinical knowledge at intershift reports. In the present study, field descriptions from prolonged fieldwork and transcripts of audio recordings of handovers were analysed discursively drawing on ethnomethodology and conversation analysis. The analysis...... identified linguistic and social conventions for handing over clinical knowledge; in particular, differences were identified between non-interactional and interactional handovers. The interactional handovers were relatively more substantial but did also bring forth obvious signs of uncertainty regarding...... exact clinical situations. Handing over caused a silencing of the least powerful nurses' voices, generated uncertainty, and promoted knowledge about the patients' clinical situation that was not necessarily precise or up-to-date....
Holoyda, Brian; Newman, William
Although societies' responses to bestiality have varied internationally, the response in the United States has typically involved condemnation and prosecution. Currently, there are 31 states with statutes prohibiting human-animal sexual contact. Despite the prevalence of antibestiality legislation, there is limited case law in the United States. Most commonly, bestiality arises in legal cases involving sexually violent predator (SVP) civil commitments. Identifying offenders who commit acts of bestiality is important, since these individuals may be at increased risk of committing a variety of other sexually and nonsexually violent acts against humans. Because of the different laws among the states, however, commonly used forensic risk assessment tools for sexual recidivism can yield different scores for individuals charged with or convicted of bestiality offenses. Forensic evaluators should consider this factor when conducting risk assessments. State legislatures should also consider modernizing their bestiality statutes to accord with current terminology and objectives for such laws. © 2014 American Academy of Psychiatry and the Law.
Sørensen, Ole Henning
The knowledge test is about competing temporal and spatial expressions of the politics of technological development and national prosperity in contemporary society. The discussion is based on literature of national systems of innovation and industrial networks of various sorts. Similarities...
Adriansen, Hanne Kirstine; Valentin, Karen; Nielsen, Gritt B.
Internationalisation of higher education is premised by a seeming paradox: On the one hand, academic knowledge strives to be universal in the sense that it claims to produce generalizable, valid and reliable knowledge that can be used, critiqued, and redeveloped by academics from all over the world......; on the other hand, the rationale for strengthening mobility through internationalisation is based on an imagination of the potentials of particular locations (academic institutions). Intrigued by this tension between universality and particularity in academic knowledge production, this paper presents...... preliminary findings from a project that study internationalisation of higher education as an agent in the interrelated processes of place-making and knowledge-making. The project is based on three case-studies. In this paper, focus is on PhD students’ change of research environment. This is used as a case...
Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.
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.
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.
Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.
Clauß, D; Richter, C; Klohs, G; Heide, S
Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse. © Georg Thieme Verlag KG Stuttgart · New York.
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)
Pavel A. Matveev
Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.
Hendricks, Vincent Fella
Knowledge is not democratic, it is a regime. That is the clear message from Professor Vincent Hendricks. But do not be discouraged, through hard work and diligence everyone can achieve enlightenment and insight......Knowledge is not democratic, it is a regime. That is the clear message from Professor Vincent Hendricks. But do not be discouraged, through hard work and diligence everyone can achieve enlightenment and insight...
Hald Nielsen, Bo; Nicolajsen, Katrine
For Økonomistyrelsen opstilles en teoretisk model over forudsætningerne for, at mmah er kan anvende knowledge management. Praksis vurderes dernæst i forhold til denne model.......For Økonomistyrelsen opstilles en teoretisk model over forudsætningerne for, at mmah er kan anvende knowledge management. Praksis vurderes dernæst i forhold til denne model....
GÃ¼rkaynak, GÃ¶nenÃ§; YÄ±lmaz, Ä°lay; YeÅŸilaltay, Burak
This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...
Legal education is transnationalizing. The legal classroom is globalizing, in that a university's classroom is not defined by walls but is now mobile through technology and international university affiliations. The legal classroom itself is globalized, composed of local and international students. To meet the demands of a global economy and the subsequent globalization of the legal profession, law faculties have been required to transnationalize their legal education, teaching a mix of domes...