WorldWideScience

Sample records for legal limitations imposed

  1. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

  2. Self-imposed length limits in recreational fisheries

    Science.gov (United States)

    Chizinski, Christopher J.; Martin, Dustin R.; Hurley, Keith L.; Pope, Kevin L.

    2014-01-01

    A primary motivating factor on the decision to harvest a fish among consumptive-orientated anglers is the size of the fish. There is likely a cost-benefit trade-off for harvest of individual fish that is size and species dependent, which should produce a logistic-type response of fish fate (release or harvest) as a function of fish size and species. We define the self-imposed length limit as the length at which a captured fish had a 50% probability of being harvested, which was selected because it marks the length of the fish where the probability of harvest becomes greater than the probability of release. We assessed the influences of fish size, catch per unit effort, size distribution of caught fish, and creel limit on the self-imposed length limits for bluegill Lepomis macrochirus, channel catfish Ictalurus punctatus, black crappie Pomoxis nigromaculatus and white crappie Pomoxis annularis combined, white bass Morone chrysops, and yellow perch Perca flavescens at six lakes in Nebraska, USA. As we predicted, the probability of harvest increased with increasing size for all species harvested, which supported the concept of a size-dependent trade-off in costs and benefits of harvesting individual fish. It was also clear that probability of harvest was not simply defined by fish length, but rather was likely influenced to various degrees by interactions between species, catch rate, size distribution, creel-limit regulation and fish size. A greater understanding of harvest decisions within the context of perceived likelihood that a creel limit will be realized by a given angler party, which is a function of fish availability, harvest regulation and angler skill and orientation, is needed to predict the influence that anglers have on fish communities and to allow managers to sustainable manage exploited fish populations in recreational fisheries.

  3. Laser noise imposed limitations of ensemble quantum metrology

    Science.gov (United States)

    Plankensteiner, D.; Schachenmayer, J.; Ritsch, H.; Genes, C.

    2016-12-01

    Laser noise is a decisive limiting factor in high precision spectroscopy of narrow lines using atomic ensembles. In an idealized Doppler and differential-light-shift-free magic wavelength lattice configuration, it remains as one distinct principal limitation beyond collective atomic decay. In this work we study the limitations originating from laser phase and amplitude noise in an idealized Ramsey pulse interrogation scheme with uncorrelated atoms. Phase noise leads to a saturation of the frequency sensitivity with increasing atom number while amplitude noise implies a scaling 1/\\sqrt{τ } with τ being the interrogation time. We employ a technique using decoherence-free subspaces first introduced in Dorner (2012 New J. Phys. 14 043011) which can restore the scaling with the square root of the inverse particle number 1/\\sqrt{N}. Similar results and improvements are obtained numerically for a Rabi spectroscopy setup.

  4. Limitations Imposed by Beam-Beam Effects and Their Remedies

    International Nuclear Information System (INIS)

    Spencer, James E.

    2000-01-01

    Effects that limit the luminosities of a general purpose linear collider or GLC capable of spin polarized e ± e ± , gamma-e ± and spin polarized gamma-gamma incident channels are discussed together with potential mitigations. The relative characteristics of such channels and their luminosities are predicted based on differing assumptions - including those for the current configurations for the NLC at square root s ee = 0.5 and 1.0 TeV. Disadvantages related to the increased complexity of linear colliders can be offset by broader design constraints that seek to optimize the generalized luminosity. Decreased disruptions and bunch charges are effective and can be used in combination with feasible charge compensation schemes to predict higher luminosities and power conversion efficiencies. The incremental costs of additional channels is modest compared to the cost of any one by itself or potential gains in the integrated luminosity

  5. Human health safety evaluation of cosmetics in the EU: a legally imposed challenge to science.

    Science.gov (United States)

    Pauwels, M; Rogiers, V

    2010-03-01

    As stated in the European legislation, cosmetic products present on the European market must be safe for the consumer. Safety evaluation of the products is carried out by a qualified safety assessor who needs to consider potential exposure scenarios next to the physicochemical and toxicological profiles of all composing ingredients. Whereas, until recently, the tools to determine the toxicological profile of cosmetic ingredients mainly consisted of animal experiments, they have now been narrowed down substantially by the legally imposed animal testing ban on cosmetic ingredients, taken up in the Cosmetic Products Directive (76/768/EEC). This Directive, however, is not a stand-alone piece of European legislation, since as well directly as indirectly it is influenced by a complex web of related legislations. Vertical legislations deal with different categories of chemicals, including dangerous substances, biocides, plant protection products, food additives, medicinal products, and of course also cosmetics. Horizontal legislative texts, on the contrary, cover more general fields such as protection of experimental animals, consumer product safety, misleading of consumers, specific provisions for aerosols, and others. Experience has learnt that having a general overview of these related legislations is necessary to understand their impact on the cosmetic world in general terms and on cosmetic safety evaluation in particular. This goes for a variety of concerned parties, including national and European regulators/agencies, contract laboratories, raw material suppliers, cosmetic companies, research and educational centers. They all deal with a number of aspects important for the quality and toxicity of cosmetics and their ingredients. This review summarises the most relevant points of the legislative texts of different types of product categories and emphasises their impact on the safety evaluation of cosmetics.

  6. Human health safety evaluation of cosmetics in the EU: A legally imposed challenge to science

    International Nuclear Information System (INIS)

    Pauwels, M.; Rogiers, V.

    2010-01-01

    As stated in the European legislation, cosmetic products present on the European market must be safe for the consumer. Safety evaluation of the products is carried out by a qualified safety assessor who needs to consider potential exposure scenarios next to the physicochemical and toxicological profiles of all composing ingredients. Whereas, until recently, the tools to determine the toxicological profile of cosmetic ingredients mainly consisted of animal experiments, they have now been narrowed down substantially by the legally imposed animal testing ban on cosmetic ingredients, taken up in the Cosmetic Products Directive (76/768/EEC). This Directive, however, is not a stand-alone piece of European legislation, since as well directly as indirectly it is influenced by a complex web of related legislations. Vertical legislations deal with different categories of chemicals, including dangerous substances, biocides, plant protection products, food additives, medicinal products, and of course also cosmetics. Horizontal legislative texts, on the contrary, cover more general fields such as protection of experimental animals, consumer product safety, misleading of consumers, specific provisions for aerosols, and others. Experience has learnt that having a general overview of these related legislations is necessary to understand their impact on the cosmetic world in general terms and on cosmetic safety evaluation in particular. This goes for a variety of concerned parties, including national and European regulators/agencies, contract laboratories, raw material suppliers, cosmetic companies, research and educational centers. They all deal with a number of aspects important for the quality and toxicity of cosmetics and their ingredients. This review summarises the most relevant points of the legislative texts of different types of product categories and emphasises their impact on the safety evaluation of cosmetics.

  7. Limited legal status for refugees from Syria in Lebanon

    Directory of Open Access Journals (Sweden)

    Dalia Aranki

    2014-09-01

    Full Text Available Having limited legal status has direct negative consequences for Syrian refugees’ access to protection and assistance during their stay in Lebanon. Limited legal status also increases the risks of abuse and exploitation.

  8. 20 CFR 655.1230 - What time limits are imposed in ALJ proceedings?

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What time limits are imposed in ALJ proceedings? 655.1230 Section 655.1230 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT... direct the parties to serve pleadings or documents by a method other than regular mail. (b) Two (2...

  9. Stimulated Raman Scattering Imposes Fundamental Limits to the Duration and Bandwidth of Temporal Cavity Solitons

    Science.gov (United States)

    Wang, Yadong; Anderson, Miles; Coen, Stéphane; Murdoch, Stuart G.; Erkintalo, Miro

    2018-02-01

    Temporal cavity solitons (CS) are optical pulses that can persist in passive resonators, and they play a key role in the generation of coherent microresonator frequency combs. In resonators made of amorphous materials, such as fused silica, they can exhibit a spectral redshift due to stimulated Raman scattering. Here we show that this Raman-induced self-frequency-shift imposes a fundamental limit on the duration and bandwidth of temporal CSs. Specifically, we theoretically predict that stimulated Raman scattering introduces a previously unidentified Hopf bifurcation that leads to destabilization of CSs at large pump-cavity detunings, limiting the range of detunings over which they can exist. We have confirmed our theoretical predictions by performing extensive experiments in synchronously driven fiber ring resonators, obtaining results in excellent agreement with numerical simulations. Our results could have significant implications for the future design of Kerr frequency comb systems based on amorphous microresonators.

  10. Assessment of the sensory and physical limitations imposed by leprosy in a Brazilian Amazon Population

    Directory of Open Access Journals (Sweden)

    Cintia Yolette Urbano Pauxis Aben-Athar

    Full Text Available Abstract INTRODUCTION Leprosy often results in sensory and physical limitations. This study aimed to evaluate these limitations using a quantitative approach in leprosy patients in Belém (Pará, Brazil. METHODS This epidemiological, cross-sectional study measured the sensory impairment of smell and taste through the use of a questionnaire and evaluated activity limitations of daily life imposed by leprosy through the Screening of Activity Limitation and Safety Awareness (SALSA Scale. Data were collected from 84 patients and associations between the degree of disability and clinical and epidemiological characteristics were assessed. RESULTS The majority of patients were men (64.3%, married (52.4%, age 31-40 years old (26.2%, had primary education (50%, and were independent laborers (36.9%. The multibacillary operational classification (81%, borderline clinical form (57.1%, and 0 degrees of physical disability (41.7% were predominant. SALSA scores ranged from 17 to 59 points, and being without limitations was predominant (53.6%. The risk awareness score ranged from 0 to 8, with a score of 0 (no awareness of risk being the most common (56%. Evaluation of smell and taste sensory sensitivities revealed that 70.2% did not experience these sensory changes. Patients with leprosy reactions were 7 times more likely to develop activity limitations, and those who had physical disabilities were approximately four times more likely to develop a clinical picture of activity limitations. CONCLUSIONS Most patients showed no sensory changes, but patients with leprosy reactions were significantly more likely to develop activity limitations. Finally, further studies should be performed, assessing a higher number of patients to confirm the present results.

  11. Assessing the Legal Status of Limited Partnership (CV

    Directory of Open Access Journals (Sweden)

    Binoto Nadapdap

    2013-01-01

    Full Text Available Business actors can choose various kinds of business entities to run their business. The law gives business actors the freedom to decide which business entity to use as a vehicle for their business activities. From a multitude of businesses, essentially there are three forms, which are: individual proprietorship, partnership and limited liability company. Additionally, there are some that have the opinion that there are two categories of companies: companies that are legal entities and those which are not legal entities.

  12. The proportionality as legal limit the right negotiating

    Directory of Open Access Journals (Sweden)

    Lucas Augusto da Silva Zolet

    2015-06-01

    Full Text Available This paper proposes a maximum of proportionality study and its maximum partial, especially of the Negotiating law perspective and in the sphere of legal limitation for proportionality in the practice of commercial freedoms. The constant use of the maximum of proportionality, as the basis of judicial decisions without proper methodological rigor, triggers a debate about the use of the Theory of Fundamental Rights as a mere rhetorical reference, including criticism of an incomplete legal basis of the principle of proportionality, which by means of judicial decisions can take on a different character or subverted that provided in the doctrine of Robert Alexy.     

  13. Establishing legal limits for driving under the influence of marijuana

    OpenAIRE

    Wong, Kristin; Brady, Joanne E; Li, Guohua

    2014-01-01

    Marijuana has become the most commonly detected non-alcohol substance among drivers in the United States and Europe. Use of marijuana has been shown to impair driving performance and increase crash risk. Due to the lack of standardization in assessing marijuana-induced impairment and limitations of zero tolerance legislation, more jurisdictions are adopting per se laws by specifying a legal limit of ?9-tetrahydrocannabinol (THC) at or above which drivers are prosecuted for driving under the i...

  14. Upper limits to body size imposed by respiratory-structural trade-offs in Antarctic pycnogonids.

    Science.gov (United States)

    Lane, Steven J; Shishido, Caitlin M; Moran, Amy L; Tobalske, Bret W; Arango, Claudia P; Woods, H Arthur

    2017-10-25

    Across metazoa, surfaces for respiratory gas exchange are diverse, and the size of those surfaces scales with body size. In vertebrates with lungs and gills, surface area and thickness of the respiratory barrier set upper limits to rates of metabolism. Conversely, some organisms and life stages rely on cutaneous respiration, where the respiratory surface (skin, cuticle, eggshell) serves two primary functions: gas exchange and structural support. The surface must be thin and porous enough to transport gases but strong enough to withstand external forces. Here, we measured the scaling of surface area and cuticle thickness in Antarctic pycnogonids, a group that relies on cutaneous respiration. Surface area and cuticle thickness scaled isometrically, which may reflect the dual roles of cuticle in gas exchange and structural support. Unlike in vertebrates, the combined scaling of these variables did not match the scaling of metabolism. To resolve this mismatch, larger pycnogonids maintain steeper oxygen gradients and higher effective diffusion coefficients of oxygen in the cuticle. Interactions among scaling components lead to hard upper limits in body size, which pycnogonids could evade only with some other evolutionary innovation in how they exchange gases. © 2017 The Author(s).

  15. Legal weight truck cask model impact limiter response

    International Nuclear Information System (INIS)

    Meinert, N.M.; Shappert, L.B.

    1989-01-01

    Dynamic and quasi-static quarter-scale model testing was performed to supplement the analytical case presented in the Nuclear Assurance Corporation Legal Weight Truck (NAC LWT) cask transport licensing application. Four successive drop tests from 9.0 meters (30 feet) onto an unyielding surface and one 1.0-meter (40-inch) drop onto a scale mild steel pin 3.8 centimeters (1.5 inches) in diameter, corroborated the impact limiter design and structural analyses presented in the licensing application. Quantitative measurements, made during drop testing, support the impact limiter analyses. High-speed photography of the tests confirm that only a small amount of energy is elastically stored in the aluminum honeycomb and that oblique drop slapdown is not significant. The qualitative conclusion is that the limiter protected LWT cask will not sustain permanent structural damage and containment will be maintained, subsequent to a hypothetical accident, as shown by structural analyses

  16. Limits Imposed on Heat Produced during Core Formation by Radiative Transfer Processes and Thermodynamic Laws

    Science.gov (United States)

    Criss, R. E.; Hofmeister, A.

    2010-12-01

    The popular view that Earth is sufficiently hot to still be shedding primordal heat, largely originating in the core, is inconsistent with thermodynamic constraints and recent heat transport studies. Previous work presumes that the large difference in gravitational potential energy (Ug) between a fictious, homogeneous reference state and Earth’s current layered configuration of metallic core and rocky mantle was converted to frictional heat during core formation, greatly increasing temperature (T) inside the Earth. However, heating (ΔT >0) was deduced by assuming that Ug is positive, which is inconsistent with Newton’s law of gravitation. Use of an erroneous sign for ΔUg has prevented recognition that the process is an exothermic transformation. Thermodynamic principles were not considered in previous analyses: neglecting the effect of the change in configuration on entropy and energy contributes greatly to the view that heat is retained. Instead, stringent limits are set on the permissible temperature increase by the rapid rate of ballistic radiative transfer, a process associated with transient events, as well as by the 1st and 2nd laws of thermodynamics. In the static, instantaneous model of core formation, configurational entropy (S) of the Earth decreases upon forming the ordered layered state; this entropy decrease is offset by a greater increase in S of the surrounding universe, which can only be accomplished by release of heat to space (the surroundings). Instantaneous dissipation of heat in the static model reasonably approximates radiative processes being superfast. Core formation involves negligible changes in volume and rotational energy, so Helmholtz free energy (=Ug-TS) is conserved, as in atmospheric processes and other graviational-thermodynamic problems. Because S of the universe is immense and heat must flow from hotter to colder bodies, negligible heat from core formation is retained, consistent with the exothermic nature of this transition

  17. NEAR-ULTRAVIOLET EXCESS IN SLOWLY ACCRETING T TAURI STARS: LIMITS IMPOSED BY CHROMOSPHERIC EMISSION

    Energy Technology Data Exchange (ETDEWEB)

    Ingleby, Laura; Calvet, Nuria; Bergin, Edwin; McClure, Melissa [Department of Astronomy, University of Michigan, 830 Dennison Building, 500 Church Street, Ann Arbor, MI 48109 (United States); Herczeg, Gregory [Max-Planck-Institut fuer Extraterrestriche Physik, Postfach 1312, D-85741 Garching (Germany); Brown, Alexander; France, Kevin [Center for Astrophysics and Space Astronomy, University of Colorado, Boulder, CO 80309-0389 (United States); Alexander, Richard [Department of Physics and Astronomy, University of Leicester, University Road, Leicester LE1 7RH (United Kingdom); Edwards, Suzan [Department of Astronomy, Smith College, Northampton, MA 01063 (United States); Espaillat, Catherine; Brown, Joanna [Harvard-Smithsonian Center for Astrophysics, 60 Garden Street, MS-78, Cambridge, MA 02138 (United States); Gregory, Scott G.; Hillenbrand, Lynne [Department of Astrophysics, California Institute of Technology, MC 249-17, Pasadena, CA 91125 (United States); Roueff, Evelyne; Abgrall, Herve [LUTH and UMR 8102 du CNRS, Observatoire de Paris, Section de Meudon, Place J. Janssen, F-92195 Meudon (France); Valenti, Jeff [Space Telescope Science Institute, 3700 San Martin Drive, Baltimore, MD 21218 (United States); Walter, Frederick [Department of Physics and Astronomy, Stony Brook University, Stony Brook, NY 11794-3800 (United States); Johns-Krull, Christopher [Department of Physics and Astronomy, Rice University, Houston, TX 77005 (United States); Linsky, Jeffrey [JILA, University of Colorado and NIST, 440 UCB Boulder, CO 80309-0440 (United States); Ardila, David, E-mail: lingleby@umich.edu, E-mail: ncalvet@umich.edu, E-mail: gregoryh@mpe.mpg.de [NASA Herschel Science Center, California Institute of Technology, Mail Code 100-22, Pasadena, CA 91125 (United States); and others

    2011-12-20

    Young stars surrounded by disks with very low mass accretion rates are likely in the final stages of inner disk evolution and therefore particularly interesting to study. We present ultraviolet (UV) observations of the {approx}5-9 Myr old stars RECX-1 and RECX-11, obtained with the Cosmic Origins Spectrograph and Space Telescope Imaging Spectrograph on the Hubble Space Telescope, as well as optical and near-infrared spectroscopic observations. The two stars have similar levels of near-UV emission, although spectroscopic evidence indicates that RECX-11 is accreting and RECX-1 is not. The line profiles of H{alpha} and He I {lambda}10830 in RECX-11 show both broad and narrow redshifted absorption components that vary with time, revealing the complexity of the accretion flows. We show that accretion indicators commonly used to measure mass accretion rates, e.g., U-band excess luminosity or the Ca II triplet line luminosity, are unreliable for low accretors, at least in the middle K spectral range. Using RECX-1 as a template for the intrinsic level of photospheric and chromospheric emission, we determine an upper limit of 3 Multiplication-Sign 10{sup -10} M{sub Sun} yr{sup -1} for RECX-11. At this low accretion rate, recent photoevaporation models predict that an inner hole should have developed in the disk. However, the spectral energy distribution of RECX-11 shows fluxes comparable to the median of Taurus in the near-infrared, indicating that substantial dust remains. Fluorescent H{sub 2} emission lines formed in the innermost disk are observed in RECX-11, showing that gas is present in the inner disk, along with the dust.

  18. Limits Legal Ethics of Biotechnology in XXI Century

    OpenAIRE

    Morgato, Melissa Cabrini; Machado, Edinilson Donisete

    2016-01-01

    The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potenti...

  19. Perceptual and Cognitive Factors Imposing "Speed Limits" on Reading Rate: A Study with the Rapid Serial Visual Presentation.

    Science.gov (United States)

    Primativo, Silvia; Spinelli, Donatella; Zoccolotti, Pierluigi; De Luca, Maria; Martelli, Marialuisa

    2016-01-01

    Adults read at high speed, but estimates of their reading rate vary greatly, i.e., from 100 to 1500 words per minute (wpm). This discrepancy is likely due to different recording methods and to the different perceptual and cognitive processes involved in specific test conditions. The present study investigated the origins of these notable differences in RSVP reading rate (RR). In six experiments we investigated the role of many different perceptual and cognitive variables. The presence of a mask caused a steep decline in reading rate, with an estimated masking cost of about 200 wpm. When the decoding process was isolated, RR approached values of 1200 wpm. When the number of stimuli exceeded the short-term memory span, RR decreased to 800 wpm. The semantic context contributed to reading speed only by a factor of 1.4. Finally, eye movements imposed an upper limit on RR (around 300 wpm). Overall, data indicate a speed limit of 300 wpm, which corresponds to the time needed for eye movement execution, i.e., the most time consuming mechanism. Results reconcile differences in reading rates reported by different laboratories and thus provide suggestions for targeting different components of reading rate.

  20. Limits Legal Ethics of Biotechnology in XXI Century

    Directory of Open Access Journals (Sweden)

    Melissa Cabrini Morgato

    2016-06-01

    Full Text Available The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potential of bringing benefits to human beings; and positive eugenics, describing situations, which are not justified by Ethics and Law, since they represent risks for the ethical self-understanding of the human species and are also incompatible with the imperative nature of human life protection, which is struc- tured by the Ibero-American constitutional states. We conclude that all moral judgments must follow the principle of human dignity as a major guideline, because the prevention of harmful practices against human beings requires, apart from legal and ethical rules, the responsibility to exclusively employ technologies for therapeutic purposes and to impede that the consumer society and its by-products completely artificialize the human nature.

  1. Overcoming Legal Limitations in Disseminating Slovene Web Corpora

    Directory of Open Access Journals (Sweden)

    Tomaž Erjavec

    2016-09-01

    Full Text Available Web texts are becoming increasingly relevant sources of information, with web corpora useful for corpus linguistic studies and development of language technologies. Even though web texts are directly accessable, which substantially simplifies the collection procedure compilation of web corpora is still complex, time consuming and expensive. It is crucial that similar endeavours are not repeated, which is why it is necessary to make the created corpora easily and widely accessible both to researchers and a wider audience. While this is logistically and technically a straightforward procedure, legal constraints, such as copyright, privacy and terms of use severely hinder the dissemination of web corpora. This paper discusses legal conditions and actual practice in this area, gives an overview of current practices and proposes a range of mitigation measures on the example of the Janes corpus of Slovene user-generated content in order to ensure free and open dissemination of Slovene web corpora.

  2. Legal Limitations of Researching and Using the Stem Cells

    Directory of Open Access Journals (Sweden)

    Rustin-Petru CIASC

    2013-11-01

    Full Text Available The importance of research in view of using stem cells for scientific and medical purposes must be regulated in a clear and, to the degree possible, single manner, at European and world level. Beginning with this obvious necessity, this article attempts to review the relevant provisions in the domestic legislation, while supplying the required appreciations and criticism. In the end, it reaches the idea, also upon replying on some compared law elements, that not only some legislative modifications or adaptations are imposed, in connection to the normative acts in force, but particularly the creation of a complete and complex legislative framework. It must cover the existence of all practical situations and regulate the scientific research activity in this domain, without ignoring at any time the inviolability of human dignity and acknowledging the right of integrity of the person’s body and mind.

  3. Barriers to the Flow of Technical Information: Limitation Statements - Legal Basis.

    Science.gov (United States)

    Downie, Currie S.

    The new "Freedom of Information Act" and the more important reasons for limitations on the flow of information are discussed. The legal basis for these limitations can be found in the almost 100 statutory provisions which prohibit, exempt, or otherwise protect certain types of information from disclosure. The Export Control Acts of the Department…

  4. Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi

    Directory of Open Access Journals (Sweden)

    Stef Vandeginste

    2016-01-01

    Full Text Available The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi’s term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

  5. Talking about the limits of legal change: an interview with Marc Galanter

    Directory of Open Access Journals (Sweden)

    Marc Galanter

    2014-07-01

    Full Text Available Recognized as one of the central figures of the Law & Society and as one of the first editors of the Law & Society Review, Marc Galanter is the author of pioneer and internationally recognized studies on the legal system and patterns of litigation (including "Why the haves come out ahead: Speculations on the Limits of Legal Change", one of the most cited articles in legal literature, lawyers and legal culture, legal institutions and informal regulation, among others. In this interview, Galanter speaks mostly about his academic and professional trajectory, a narrative that is intertwined with the history of tha Law & Society movement itself and with some of the most important developments in American academia since the 60s to the present day. The author also talks about the growth of law firms (described in Tournament of Lawyers and cultural perceptions currently surrounding lawyers and the legal profession. He discusses the importance of the studies he developed in India for his work, including the famous "Why the haves come out ahead", a piece that is still relevant in the current context.

  6. Discovering a Defect that Imposes a Limit to Mg Doping in p-Type GaN

    International Nuclear Information System (INIS)

    Liliental-Weber, Z.; Tomaszewicz, T.; Zakharov, D.; O'Keefe, M.A.

    2006-01-01

    Gallium nitride (GaN) is the III-V semiconductor used to produce blue light-emitting diodes (LEDs) and blue and ultraviolet solid-state lasers. To be useful in electronic devices, GaN must be doped with elements that function either as electron donors or as acceptors to turn it into either an n-type semiconductor or a p-type semiconductor. It has been found that GaN can easily be grown with n-conductivity, even up to large concentrations of donors--in the few 10 19 cm -3 range. However, p-doping, the doping of the structure with atoms that provide electron sinks or holes, is not well understood and remains extremely difficult. The only efficient p-type dopant is Mg, but it is found that the free hole concentration is limited to 2 x 10 18 cm -3 , even when Mg concentrations are pushed into the low 10 19 cm -3 range. This saturation effect could place a limit on further development of GaN based devices. Further increase of the Mg concentration, up to 1 x 10 20 cm -3 leads to a decrease of the free hole concentration and an increase in defects. While low- to medium-brightness GaN light-emitting diodes (LEDs) are remarkably tolerant of crystal defects, blue and UV GaN lasers are much less so. We used electron microscopy to investigate Mg doping in GaN. Our transmission electron microscopy (TEM) studies revealed the formation of different types of Mg-rich defects [1,2]. In particular, high-resolution TEM allowed us to characterize a completely new type of defect in Mg-rich GaN. We found that the type of defect depended strongly on crystal growth polarity. For crystals grown with N-polarity, planar defects are distributed at equal distances (20 unit cells of GaN); these defects can be described as inversion domains [1]. For growth with Ga-polarity, we found a different type of defect [2]. These defects turn out to be three-dimensional Mg-rich hexagonal pyramids (or trapezoids) with their base on the (0001) plane and their six walls formed on {1123} planes (Fig. 1a). In

  7. Would it be legally justified to impose vaccination in Israel? Examining the issue in light of the 2013 detection of polio in Israeli sewage.

    Science.gov (United States)

    Kamin-Friedman, Shelly

    2017-10-30

    The detection of wild poliovirus in Israeli sewage in May 2013 led the health authorities to decide that children who had been vaccinated with IPV would also be vaccinated with OPV. The decision sought to protect vulnerable Israeli individuals who were either not vaccinated with IPV or who suffered from an immune deficiency, to preserve Israel's status as a polio-free country, to prevent the virus' "exportation" into vulnerable polio-free countries, and to participate in the global efforts toward the eradication of polio. After a massive public persuasion campaign, 79% of the children born after 2004 were vaccinated as well as 69% of the children residing in central Israel. A 2014 State Comptroller Report stated that the Ministry of Health should draw conclusions from the low compliance rates in certain Israeli regions. The article seeks to examine the legal legitimacy of mandatory vaccination in the service of eradicating a contagious disease (as opposed to preventing a pandemic outbreak), which was one of the objectives in the 2013 Polio case. It more specifically relates to current Israeli law as well as to a hypothetical new public health law which would authorize health officials to oblige vaccination and enforce this through the use of criminal sanctions. Qualitative content analysis through the interpretation of court judgements, laws, legislative protocols, health ministry guidelines and documented discussions of the Advisory Committee on Infectious Diseases and Immunization. A mandatory vaccination backed by criminal sanctions in the service of the eradication of contagious diseases would probably be perceived as infringing on the constitutional right to autonomy to a greater extent than necessary according to Israeli law and case law precedents. There may be some added value inherent in a new public health law which would authorize health officials to oblige vaccination where nonrestrictive measures have been ineffective. However, the law should also

  8. Legal time limits vs. discretional limits of administrative judicial review in Albania

    Directory of Open Access Journals (Sweden)

    Gerti Shella

    2016-11-01

    Full Text Available Administrative courts in Albania were established in 2012, as a separate branch of the court system, following enactment of the Law No. 49/2012 “On the Organization and Functioning of the Administrative Courts and Adjudication of Administrative Disputes”. One of the main features of the administrative adjudication is the swiftness at which it should be carried out. The law provides carefully for many time limits and procedural deadlines, to achieve such intended effect. This article focuses specifically on the time limits of concluding (1 the judicial review in administrative courts and 2 on due delivery of the final decision in court secretariat. These two distinct procedural phases constitute 98% of the length of a court case in time terms. The main thesis of this paper is that time limits which are explicitly written and required by the law produce better results in terms of compliance of judges with law and higher efficiency compared to discretional time limits.

  9. Legal constraints imposed on security force personnel

    International Nuclear Information System (INIS)

    Cadwell, J.J.

    1983-01-01

    It is argued that the penalty for most mistakes made by security is the payment of money by the utility. The security personnel has only to act reasonably and not in a negligent manner. Preventing of sabotage is more important than obtaining a conviction, so it is better to search and not get a conviction than it is not to search

  10. Legal constraints imposed on security force personnel

    Energy Technology Data Exchange (ETDEWEB)

    Cadwell, J.J.

    1983-01-01

    It is argued that the penalty for most mistakes made by security is the payment of money by the utility. The security personnel has only to act reasonably and not in a negligent manner. Preventing of sabotage is more important than obtaining a conviction, so it is better to search and not get a conviction than it is not to search. (DLC)

  11. Criticism of the Legal Limitation on Maternal Child Custody after Death of Father in the Iranian Legal System

    Directory of Open Access Journals (Sweden)

    معصومه مظاهری

    2017-01-01

    Full Text Available Iranian custody laws encounter with legal gaps and challenges. One of these challenges is the interference between the mother’s custody and the paternal grandfather’s guardianship in case the father is not alive. So, it was expected that the Family Protection Law from 2012 pays attention to this important issue, namely the problems which are arisen from the lack of mother’s right to child’s guardianship in families. But the Family Protection Law did not only pay attention to important legal gaps, its article 43 on child custody can even cause new problems for families. According to this article, in case of father death, paternal grandfather can prevent the mother from her right to child custody. Therefore, this article will focus on the issue that, concerning legal gaps on the maternal child custody in the absence of mother’s right to child’s guardianship, article 43 of family protection law only causes increasing problems in the field of custody. In addition, this article will give some suggestions about mother’s right to child’s guardianship, and will offer some revisions for article 43 of the Family Protection Law. These suggestions provide that in case of deceased father, no one, in any event, can prevent mothers from their right to child custody, except in cases of article 1173 of Civil Law that is about child custody deprivation of parents.

  12. [The legal limits and ambiguities of the role of the family caregivers].

    Science.gov (United States)

    Hazif-Thomas, C; Thomas, P; Tritschler-LeMaître, M-H; Walter, M

    2012-10-01

    While living in a period easily characterized by the self-actualization of the patient as the support of a non-professional valuation, it seems useful to evaluate the situation concerning the limits of the involvement of the non-professional caregivers who take care of dependent or disabled persons. They become involved in the course of care in order to protect their relative the best way they can. This involvement has an influence on the evolution of the care, particularly from a psychic point of view, as well as in the way any medical act will be conducted. This work analyses the French legal context, reflecting the practical experience of the gerontopsychiatric teams. A legal point is established on the outlines of the voluntary help provided by the relatives and/or close friends. The approach, aiming at recognizing the family caregivers as such and bearing in mind that they can almost become the persons' guardians if need be, cannot but provoke several ethical issues as well as difficulties concerning the way of taking care of the patient. The difficulties the caregivers may have are in a way related to the lack of clear legal definitions of the medical act, as well as to the lack of definitions of the tasks one may expect from the family caregiver. This lack also shows the difficulties the law-maker is confronted with when defining what concerns the natural family care and what concerns the collective solidarity. The evolution of the role of caregivers in our society, which must face the pandemic of chronic diseases, thus means an evolution in the substantive law in the field of family care. Copyright © 2012 L’Encéphale, Paris. Published by Elsevier Masson SAS. All rights reserved.

  13. The Effect Of A Provisional Sequestration Order - Does It Impose A Limitation To My Right To Be A Member Of Parliament?

    Directory of Open Access Journals (Sweden)

    Leonie Stander

    2015-12-01

    Full Text Available The question asked in this article is inspired by the recent case of Mr Julius Malema. Why the matter is so important and has enjoyed so much attention, is the fact that it was widely suggested that a final order of sequestration would affect Mr Malema's political career in that it would not be possible for him to continue to serve as Member of Parliament. The question that immediately comes to the fore is whether the provisional order of sequestration would not already result in such an outcome. As stipulated by the Constitution of the Republic of South Africa, 1996, an unrehabilitated insolvent may not become a member of the National Assembly, National Council of Provinces, or a Provincial Legislator. Do the words "unrehabilitated insolvent" also include a person who is under provisional sequestration? The purpose of this article is to investigate the effect of a provisional order of sequestration and the focus will be on the ability of an insolvent to act as a Member of Parliament. The legal position in the South African law will be compared with the legal position in the United States of America – which is, with regard to the insolvency law, recognized as a very successful, modern, progressive and dynamic legal system. Voluminous changes to the American bankruptcy law system, to adapt to current practical situations and the current economic climate, have been effected as recently as in 2005. Brief reference will also be made to the legal position in the United Kingdom, due to South Africa's historical ties with the UK and the reliance in the past on the English insolvency law and the Bankruptcy Act, 1986.

  14. Legal protection and limits of conscientious objection: when conscientious objection is unethical.

    Science.gov (United States)

    Dickens, Bernard M

    2009-03-01

    The right to conscientious objection is founded on human rights to act according to individuals' religious and other conscience. Domestic and international human rights laws recognize such entitlements. Healthcare providers cannot be discriminated against, for instance in employment, on the basis of their beliefs. They are required, however, to be equally respectful of rights to conscience of patients and potential patients. They cannot invoke their human rights to violate the human rights of others. There are legal limits to conscientious objection. Laws in some jurisdictions unethically abuse religious conscience by granting excessive rights to refuse care.. In general, healthcare providers owe duties of care to patients that may conflict with their refusal of care on grounds of conscience. The reconciliation of patients' rights to care and providers' rights of conscientious objection is in the duty of objectors in good faith to refer their patients to reasonably accessible providers who are known not to object. Conscientious objection is unethical when healthcare practitioners treat patients only as means to their own spiritual ends. Practitioners who would place their own spiritual or other interests above their patients' healthcare interests have a conflict of interest, which is unethical if not appropriately declared.

  15. What Constitutes as Limitation of (Human Rights in Indonesian Legal Context?

    Directory of Open Access Journals (Sweden)

    Anbar Jayadi

    2018-01-01

    Full Text Available This article reviews the interpretation of the Constitutional Court (the Court on the Article 28J paragraph (2 of the 1945 Constitution by looking into the rulings related to the Information and Electronic Transaction Law. These rulings are chosen because, in those rulings, tensions between individual and public interest are apparent. For example, the tension between the right to privacy and freedom of expression, and the tensions between freedom of expression and public order. The rulings that will be studied in this writing are Ruling No. 50/PUU-VI/2008, Ruling No. 2/PUU-VII/2009, Ruling No. 5/PUU-VIII/2010, Ruling No. 52/PUU-XI/2013, and Ruling No. 20/PUU-XIV/2016. In studying those rulings, this article use a legal method namely the interpretation of arguments, e.g. what are the arguments provided by the claimants in the case in relation to the Article 28J paragraph (2 of the 1945 Constitution and how does the Court responds to such arguments. Additionally, this writing will also compare the rulings to each other to portray the “variety” of interpretation by the Court over the time. Furthermore, this article will compare the Article 28J paragraph (2 of the 1945 Constitution and the Court’s interpretation of it to other standards of limitation in other human rights instruments such as European Convention on Human Rights (ECHR and International Covenant on Civil and Political Rights (ICCPR in order to depict what are the distinctive features of limitation of rights in Indonesian regime in comparison to other regimes. Last but not least, this article analyze what are the lesson learned from studying the Court’s interpretation and the possible consequence of such interpretation to the human rights protection in Indonesia.

  16. Can autonomy be limited--an ethical and legal perspective in a South African context?

    Science.gov (United States)

    Engelbrecht, Sidney F

    2014-11-30

    The principle of autonomy acknowledges the positive duty on a health care practitioner to respect the decisions of a patient. The principle of respect for autonomy is codified in the International Bill of Rights, the African Charter, The South African Constitution (108 of 1996) and the Patients' Right Charter. The common notion is to protect a person's liberty, privacy and integrity. Health care practitioners should honour the rights of patients to self-determination or to make their own informed choices. Patients have the right to live their lives by their own beliefs, values and preferences. This implies that a healthcare practitioner should respect the wishes of a patient when a patient makes an autonomous decision. The principle of respect for autonomy takes into consideration a patient's choice based on informed consent and the protection of confidentiality of the patient. Informed consent is a process whereby information is shared with a patient to enable an informed decision. It is therefore important for a patient to be well informed to give effect to the notion of making an informed decision. The relationship between the healthcare practitioner and the patient is based on trust and communication. Full disclosure to a patient will empower a patient to make a true informed decision. It is of particular importance for a health care practitioner to acknowledge and respect the decisions and choice made by a patient so as not to violate a patient's autonomy. Can autonomy be limited? It can, if legally required and duly justified. Section 36 of the South African Constitution (Act 108 of 1996) limits rights in the Bill of Rights by application of a general law.

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

    Science.gov (United States)

    Monahan, Amy B.

    2009-01-01

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

  18. Ecological stoichiometry of the honeybee: Pollen diversity and adequate species composition are needed to mitigate limitations imposed on the growth and development of bees by pollen quality.

    Directory of Open Access Journals (Sweden)

    Michał Filipiak

    Full Text Available The least understood aspects of the nutritional needs of bees are the elemental composition of pollen and the bees' need for a stoichiometrically balanced diet containing the required proportions of nutrients. Reduced plant diversity has been proposed as an indirect factor responsible for the pollinator crisis. We suggest stoichiometric mismatch resulting from a nutritionally unbalanced diet as a potential direct factor. The concentrations and stoichiometric ratios of C, N, S, P, K, Na, Ca, Mg, Fe, Zn, Mn, and Cu were studied in the bodies of honeybees of various castes and sexes and in the nectar and pollen of various plant species. A literature review of the elemental composition of pollen was performed. We identified possible co-limitations of bee growth and development resulting mainly from the scarcity of Na, S, Cu, P and K, and possibly Zn and N, in pollen. Particular castes and sexes face specific limitations. Concentrations of potentially limiting elements in pollen revealed high taxonomic diversity. High floral diversity may be necessary to maintain populations of pollen eaters. Single-species crop plantations, even if these species are rich in nectar and pollen, might limit bee growth and development, not allowing for gathering nutrients in adequate proportions. However, particular plant species may play greater roles than others in balancing honeybee diets. Therefore, we suggest specific plant species that may (1 ensure optimal growth and production of individuals by producing pollen that is exceptionally well balanced stoichiometrically (e.g., clover or (2 prevent growth and development of honeybees by producing pollen that is extremely unbalanced for bees (e.g., sunflower. Since pollen is generally poor in Na, this element must be supplemented using "dirty water". Nectar cannot supplement the diet with limiting elements. Stoichiometric mismatch should be considered in intervention strategies aimed at improving the nutritional base

  19. Ecological stoichiometry of the honeybee: Pollen diversity and adequate species composition are needed to mitigate limitations imposed on the growth and development of bees by pollen quality.

    Science.gov (United States)

    Filipiak, Michał; Kuszewska, Karolina; Asselman, Michel; Denisow, Bożena; Stawiarz, Ernest; Woyciechowski, Michał; Weiner, January

    2017-01-01

    The least understood aspects of the nutritional needs of bees are the elemental composition of pollen and the bees' need for a stoichiometrically balanced diet containing the required proportions of nutrients. Reduced plant diversity has been proposed as an indirect factor responsible for the pollinator crisis. We suggest stoichiometric mismatch resulting from a nutritionally unbalanced diet as a potential direct factor. The concentrations and stoichiometric ratios of C, N, S, P, K, Na, Ca, Mg, Fe, Zn, Mn, and Cu were studied in the bodies of honeybees of various castes and sexes and in the nectar and pollen of various plant species. A literature review of the elemental composition of pollen was performed. We identified possible co-limitations of bee growth and development resulting mainly from the scarcity of Na, S, Cu, P and K, and possibly Zn and N, in pollen. Particular castes and sexes face specific limitations. Concentrations of potentially limiting elements in pollen revealed high taxonomic diversity. High floral diversity may be necessary to maintain populations of pollen eaters. Single-species crop plantations, even if these species are rich in nectar and pollen, might limit bee growth and development, not allowing for gathering nutrients in adequate proportions. However, particular plant species may play greater roles than others in balancing honeybee diets. Therefore, we suggest specific plant species that may (1) ensure optimal growth and production of individuals by producing pollen that is exceptionally well balanced stoichiometrically (e.g., clover) or (2) prevent growth and development of honeybees by producing pollen that is extremely unbalanced for bees (e.g., sunflower). Since pollen is generally poor in Na, this element must be supplemented using "dirty water". Nectar cannot supplement the diet with limiting elements. Stoichiometric mismatch should be considered in intervention strategies aimed at improving the nutritional base for bees.

  20. OPPORTUNITIES AND LIMITATIONS IN THE PROVISION OF SELF-HELP LEGAL RESOURCES TO CITIZENS IN NEED

    Directory of Open Access Journals (Sweden)

    Merran Lawler

    2012-02-01

    Full Text Available This article considers the utility of resources designed to assist people undertaking their own legal work. Four in-depth case studies are used to explore the tensions inherent in providing coherent and user-oriented resources to legal self-helpers in environments where service providers attempt to convey complex legal information, knowledge and skills to people at the point of legal exigency. The needs of the consumer for basic process oriented and solutions focused resources do not always coincide with the objectives of providers to impart sufficient legal knowledge, information and skills to allow the consumer to work through those processes as an informed citizen. Cet article porte sur l’utilité des ressources conçues pour aider les gens à effectuer eux-mêmes le travail juridique qu’ils requièrent. Quatre études de cas approfondies servent à examiner les tensions inhérentes à la distribution de ressources d’auto-assistance juridique cohérentes axées sur l’utilisateur dans des milieux où les fournisseurs de services cherchent à transmettre des connaissances, de l’information et des compétences juridiques complexes, selon les exigences de la loi. La nécessité pour le client d’obtenir des ressources axées sur les solutions et les procédures de base ne va pas toujours dans le sens de l’objectif des fournisseurs de services, qui consiste à lui transmettre des connaissances, de l’information et des compétences juridiques suffisantes pour qu’il puisse mener à bien ces procédures en tant que citoyen informé.

  1. Determination of spectral limits imposed by four-wave mixing and amplified spontaneous emission in the 1550 nm region

    International Nuclear Information System (INIS)

    Alvarez-Chavez, J A; Sanchez-Lara, R; Martinez-Piñon, F; Mendez-Martinez, F; De la Cruz-May, L; Perez-Sanchez, G G

    2015-01-01

    Dense wavelength division multiplexing (DWDM) systems are normally limited by stimulated Brillouin scattering (SBS), stimulated Raman scattering (SRS), self-phase modulation (SPM), cross-phase modulation (XPM) and four-wave mixing (FWM) besides amplified spontaneous emission (ASE) noise from erbium-doped fiber amplifiers (EDFAs). In this paper, theoretical calculation of FWM-based limits and noise from EDFAs in the 1535–1565 nm region, are reported. Results show that FWM power per channel extended from −55 to −20 dBm for dispersion values of 0.0, 0.5, 1.0 and 1.5 ps (nm⋅km) −1 . In a similar manner, for negative dispersion coefficient (D) values ranging from 0.0 to −1.5 ps (nm⋅km) −1 , the FWM power per channel extended from −60 to −30 dBm. As for the maximum span length, the calculations demonstrated a rigorous limitation due to noise, suggesting error compensation techniques. A full set of results for the design of multi-span links is included. (paper)

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

    Science.gov (United States)

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

    2015-12-01

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

  3. The Use of Legally-Imposed and Locally-Negotiated Incentive Approaches in the Siting of Nuclear Waste Management Facilities: Comparing Stakeholders' Views in the Czech Republic, Poland and Slovenia - 13534

    Energy Technology Data Exchange (ETDEWEB)

    Kojo, Matti [School of Management, 33014 University of Tampere (Finland); Richardson, Phil [Galson Sciences Ltd, Oakham, Rutland (United Kingdom)

    2013-07-01

    The purpose here is to contribute to the discussion surrounding the use of community benefits (also known as added value) in radioactive waste facility siting programmes. These are becoming more widely used following a series of programme failures around the world, due in the main to a lack of local involvement. A number of different models for the use of community benefits and why they may or may not assist a siting process exist in the literature, based on either a voluntary market approach or one involving coercion by a state authority or developer. Review of real-life examples suggests that two main approaches to the use of benefits exist, a 'legally-mandated' approach where details are laid down in legislation, and a 'locally-negotiated' approach where the details are agreed by the parties through discussions. As part of the European Commission supported IPPA project (Implementing Public Participation Approaches in Radioactive Waste Disposal), stakeholder groups in three participant countries, the Czech Republic, Poland and Slovenia, all of which currently utilise the 'legally-mandated' approach to the provision of community benefits, were invited to respond to a series of questions designed to explore their attitudes and thoughts about the two approaches and related issues such as trust in the institutions and the legal framework. Some initial results and conclusions are presented, although this work is continuing and will be reported at the end of the IPPA project in 2013. (authors)

  4. The Use of Legally-Imposed and Locally-Negotiated Incentive Approaches in the Siting of Nuclear Waste Management Facilities: Comparing Stakeholders' Views in the Czech Republic, Poland and Slovenia - 13534

    International Nuclear Information System (INIS)

    Kojo, Matti; Richardson, Phil

    2013-01-01

    The purpose here is to contribute to the discussion surrounding the use of community benefits (also known as added value) in radioactive waste facility siting programmes. These are becoming more widely used following a series of programme failures around the world, due in the main to a lack of local involvement. A number of different models for the use of community benefits and why they may or may not assist a siting process exist in the literature, based on either a voluntary market approach or one involving coercion by a state authority or developer. Review of real-life examples suggests that two main approaches to the use of benefits exist, a 'legally-mandated' approach where details are laid down in legislation, and a 'locally-negotiated' approach where the details are agreed by the parties through discussions. As part of the European Commission supported IPPA project (Implementing Public Participation Approaches in Radioactive Waste Disposal), stakeholder groups in three participant countries, the Czech Republic, Poland and Slovenia, all of which currently utilise the 'legally-mandated' approach to the provision of community benefits, were invited to respond to a series of questions designed to explore their attitudes and thoughts about the two approaches and related issues such as trust in the institutions and the legal framework. Some initial results and conclusions are presented, although this work is continuing and will be reported at the end of the IPPA project in 2013. (authors)

  5. The Individual Limited Liability Company in the Brazilian Legal System and Portuguese Experience of Single Shareholder Private Companies

    Directory of Open Access Journals (Sweden)

    Eugênio Duarte Vasques

    2016-11-01

    Full Text Available The scope of this essay is to analyze aspects of individual limited liability company in the Brazilian legal system, which raises the issue of the requirement of minimum capital contribution to the company’s constitution. Therefore, we seek to expose initially the historical responsibility of the individual entrepreneur, and then the current context of Portuguese single shareholder private companies. After these considerations, we focus on addressing the situation of the individual entrepreneur in Brazil and the creation of a new species of corporation that guarantees the limitation of liability to the individual entrepreneur in a manner similar to the Portuguese experience.

  6. Limits of corporal punishment of children by parents from legal and jurisprudential perspectives

    Directory of Open Access Journals (Sweden)

    Mohsen Borhani

    2011-11-01

    Full Text Available Article 59, paragraph 1 of the Islamic penal code of the Islamic Republic of Iran recognizes the parental treatment in the form of punishment, as a justification as long as it is reasonable. This legal right of parents to punish their children is stated as a general rule and as the article 167 of the constitution sets it out, the elaboration of any generality has to be settled by referring to Shariah where there are four restrictions on the corporal punishment of children;(a it is limited to the ages of 7,8 or 10 ; (b it is applied when children fail to perform prayers; (c it is applied without any injury and; (d it should involve no risks. This article will elaborate on these limits. در بند اول ماده 59 قانون مجازات اسلامی، یکی از علل موجهه‌ی جرم اقدامات تربیتی والدین در تنبیه اولاد در حدود متعارف دانسته شده است. این حق قانونی در تنبیه اولاد، در قانون مجازات اسلامی دارای اجمال است و بنا بر اصل 167 قانون اساسی برای رفع اجمال آن باید به منابع شرعی مراجعه نمود. روایات چهار قید مختلف بر تأدیب والدین بار می‌نمایند. سه قیدی که مرتبط با عنصر مادی است عبارتند از محدود بودن تأدیب بدنی به سن هفت یا هشت و یا ده سال، محدود بودن تنبیه بدنی به استنکاف از بجا آوردن نماز، منجرنشدن تأدیب به آسیب بدنی. تحدید مرتبط با عنصر روانی عبارت است از این‌که این تأدیب نباید در حال عصبانیت تحقق پیدا نماید. در مقاله‌ی پیش‌رو به تفصیل به بررسی این پیش‌شرط‌ها اقدام خواهد شد.

  7. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

    Science.gov (United States)

    2010-01-01

    Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative

  8. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality

    Directory of Open Access Journals (Sweden)

    Morley Christopher P

    2010-06-01

    Full Text Available Abstract Background The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Discussion Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Summary Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community

  9. Debate: Limitations on universality: the "right to health" and the necessity of legal nationality.

    Science.gov (United States)

    Kingston, Lindsey N; Cohen, Elizabeth F; Morley, Christopher P

    2010-06-04

    The "right to health," including access to basic healthcare, has been recognized as a universal human right through a number of international agreements. Attempts to protect this ideal, however, have relied on states as the guarantor of rights and have subsequently ignored stateless individuals, or those lacking legal nationality in any nation-state. While a legal nationality alone is not sufficient to guarantee that a right to healthcare is accessible, an absence of any legal nationality is almost certainly an obstacle in most cases. There are millions of so-called stateless individuals around the globe who are, in effect, denied medical citizenship in their countries of residence. A central motivating factor for this essay is the fact that statelessness as a concept is largely absent from the medical literature. The goal for this discussion, therefore, is primarily to illustrate the need for further monitoring of health access issues by the medical community, and for a great deal more research into the effects of statelessness upon access to healthcare. This is important both as a theoretical issue, in light of the recognition by many of healthcare as a universal right, as well as an empirical fact that requires further exploration and amelioration. Most discussions of the human right to health assume that every human being has legal nationality, but in reality there are at least 11 to 12 million stateless individuals worldwide who are often unable to access basic healthcare. The examples of the Roma in Europe, the hill tribes of Thailand, and many Palestinians in Israel highlight the negative health impacts associated with statelessness. Stateless individuals often face an inability to access the most basic healthcare, much less the "highest attainable standard of health" outlined by international agreements. Rather than presuming nationality, statelessness must be recognized by the medical community. Additionally, it is imperative that stateless populations be

  10. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

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

  11. Limiting the Use of Corporal Punishment in American Schools: A Call for More Specific Legal Guidelines.

    Science.gov (United States)

    Purcell, Cary W.

    1984-01-01

    The courts have not limited use of corporal punishment in schools. Most schools have the authority to use corporal punishment. To protect children from ill-defined standards, the public must persuade legislators that the "in loco parentis" doctrine be subject to statutory limitations. (MD)

  12. Limited use of medicinal cannabis but for labeled indications after legalization.

    Science.gov (United States)

    Erkens, J A; Janse, A F C; Herings, R M C

    2005-11-01

    Since September 2003, cannabis is available for medicinal purposes in Dutch pharmacies to. It was anticipated that the medicinal cannabis use via illegal ways would decrease. The objective of this study was to get insight in the use of medicinal cannabis in daily practise as dispensed by community pharmacies and to characterize the users as well as the symptoms and conditions cannabis is prescribed for.A prospective follow-up study among 200 patients who filled a prescription for medicinal cannabis was performed in the period between September 2003 and January 2004. The patients filled out a structured questionnaire concerning symptoms and conditions and their experience with cannabis. Of all patients, 42% suffered from multiple sclerosis, 11% suffered from rheumatic diseases, and 60% of respondents already used cannabis before the legalization. Cannabis was mainly used for chronic pain and muscle cramp/stiffness.The indication of medicinal cannabis use was in accordance with the labeled indications. However, more than 80% of the patients still obtained cannabis for medicinal purpose from the illegal circuit. Because of the higher prices in pharmacies, ongoing debate on the unproven effectiveness of the drug and the hesitation by physicians to prescribe cannabis. Copyright (c) 2005 John Wiley & Sons, Ltd.

  13. ON THE LIMITS OF LEGAL ARGUMENTATION: JUDICIAL ACTIVISM, JÜRGEN HABERMA AND CHANTAL MOUFFE

    Directory of Open Access Journals (Sweden)

    Juliana Brina Corrêa Lima de Carvalho

    2013-01-01

    Full Text Available This paper intends to discuss the idea of legitimacy which is in the core of the understanding about the balancing principles method outlined in the wake of the judicial activism assumed by the German Federal Constitutional Court (Bundesverfassungsgericht - BVG and, in Brazil, by the Supreme Court - STF. Initially, we studied Robert Alexy’s Teory of Legal Argumentantion as it constitutes one of the most influential interpretations of the German constitutional culture which tries to devise a methodology to rationally justify the difficulties brought about by the transition of the jurisprudence of the Bundesverfassungsgericht to activism. Then we proceeded to critically review Alexy’s theory through two theories: a the criticisms addressed by Jürgen Habermas with respect to the Law subordination to Moral, as well as to the relativization of principles; and b the agonistic model of democracy proposed by Chantal Mouffe, so as to deconstruct the balancing method’s claim to legitimacy, in order to criticize the model of rationality that serves as a substrate to the idea of legitimacy based on the ”argumentative representation.

  14. Disposal and re-use of TENORM - legal limitations and obstacles

    International Nuclear Information System (INIS)

    Weiss, D.; Ettenhuber, E.

    2004-01-01

    While implementing EURATOM guideline 96/29 in the German legislation, in June of 2001 an essential pre-condition was created for re-use or disposal of TENORM. An essential progress has been achieved allowing to re-use TENORM or to dump it together with other residues and waste, if the specific activity does not exceed the limits defined in the radiation protection ordinance (StrlSchV). Otherwise, if the specified limits in terms of concentration or radiation dose are exceeded, than these materials must remain under radiological protection. A practical application of the new German regulation turns out to be difficult especially for disposal together with other waste and for re-use as backfilling material in mines taking into account problems arising from adaptation of the respective legislation on radiation protection, soil protection, waste management and shipment of dangerous goods. The report tackles obstacles for re-use and disposal of TENORM together with garbage and toxic waste arising from the new legislation. Otherwise, proposals will be given how obstacles of selected options for re-use and disposal can be overcome. (orig.)

  15. Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies

    Directory of Open Access Journals (Sweden)

    Virginijus Bitė

    2016-06-01

    Full Text Available This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order to create fair business practice and ensure a “tangible” result for the plaintiff in relation to the judgment, the court could (should take advantage of the freedom to maneuver and, by implementing justice, change the method of restitution (pertaining to the subject – assign the shares to the plaintiff (an aggrieved shareholder simultaneously creating an obligation on the same person to settle properly with the last owner of the disputed shares.

  16. The Scope and Limitations of Legal Instruments on Cultural Property in the World Heritage City of Vigan, Philippines

    Directory of Open Access Journals (Sweden)

    Yahaya Ahmad

    2005-12-01

    Full Text Available The World Heritage City of Vigan. Philippines was inscribed in the list of World Heritage Sites in 1999 under criteria (ii and (iv of the Operational Guidelines, after its first submission in 1989 was rejected by the World Heritage Committee. The heritage of the city is now sufficiently protected by eight legal instruments, four enacted at national level and an other four at local level. However, these instruments have limited scope and limitation and, if not rectified, will not be able to safeguard the heritage of the City against rapid development. Presidential Decree No. 374/1974, which has not been revised, has several weaknesses, such as in system of incentives, penalties, the broad terminology and scope of heritage as well as overlapping of tasks and responsibilities between national agencies. The main Local Ordinance No. 04/2000: An Ordinance Enacting the Preservation and Conservation Guidelines for Vigan Ancestral Houses provides solid guidance on the protection of heritage but requires revision related to Section 2 on Definition of Ancestral Houses, Sections 3-16 on Technical Guidelines, Sections 17-22 on Vigan Conservation Council and Section 24 on Penalties.

  17. The limitations of contractual clauses to determine the legal nature of information and to protect trade secrets

    Directory of Open Access Journals (Sweden)

    Nelson Remolina Angarita

    2017-12-01

    Full Text Available This text analyses the legal requirements for information to be considered a trade secret based on Colombian regulations and rulings issued by the Superintendencia de Industria y Comercio. A contractual clause, by itself, does not have the power to define the information that can be considered a trade secret because freedom of choice cannot disregard the legal nature of the information.

  18. Arbitrability limitation in consumer (B2C disputes? : Consumers´ protection as legal and economic phenomenon

    Directory of Open Access Journals (Sweden)

    Alexander J. Bělohlávek

    2012-10-01

    Full Text Available Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts as well as procedural autonomy (regarding B2C dispute resolution mechanisms, as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts. It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR. Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the

  19. Marco Civil da Internet: Limits From the Express and Unequivocal Requirement Consent as a Legal Protection of Personal Data on the Internet

    Directory of Open Access Journals (Sweden)

    Marco Antonio Lima

    2016-10-01

    Full Text Available This article examines the limits of the legal determination of express and unequivocal consent for the collection, use, storage, processing and protection of personal data as provided for in the Marco Civil da Internet (Law 12.965/2014 provided for in the list of rights and guarantees of users of the World Wide Web. With the increasing use of personal data from the Internet, for purposes of market analysis, prospecting investment trends, consumption and guidance of advertising campaigns - possible through technological resources for treatment and analysis of information - it is urgent to effectiveness the legal protection of this intangible property.

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

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

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

  1. Crisis Communication in Public Health Emergencies: The Limits of 'Legal Control' and the Risks for Harmful Outcomes in a Digital Age.

    Science.gov (United States)

    Quinn, Paul

    2018-02-06

    Communication by public authorities during a crisis situation is an essential and indispensable part of any response to a situation that may threaten both life and property. In the online connected world possibilities for such communication have grown further, in particular with the opportunity that social media presents. As a consequence, communication strategies have become a key plank of responses to crises ranging from epidemics to terrorism to natural disaster. Such strategies involve a range of innovative practices on social media. Whilst being able to bring about positive effects, they can also bring about a range of harmful unintended side effects. This include economic harms produced by incorrect information and a range of social harms that can be fuelled by myths and rumours, worsening negative phenomena such as stigmatisation and discrimination. Given the potential for such harms, one might expect that affected or potentially affected individuals would be able to challenge such measures before courts or administrative tribunals. As this paper demonstrates however this is not the case. More often than not seemingly applicable legal approaches are unlikely to be able to engage such methods. This is often because such measures represent activities that are purely expressive in nature and therefore not capable of imposing any binding legal or corporeal changes on individuals. Whilst some forms of soft law may pose requirements for public officials involved in such activities (e.g. codes of conduct or of professional ethics), they are not likely to offer potentially harmed individuals the chance to to challenge particular communication strategies before courts or legal tribunals. The result is that public authorities largely have a free reign to communicate how they wish and do not have to have to comply with a range of requirements (e.g. relating to form and substantive) content) that would in general apply to most forms of official administrative act.

  2. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  3. Self-Imposed Creativity Constraints

    DEFF Research Database (Denmark)

    Biskjaer, Michael Mose

    2013-01-01

    and high concept awareness characterizing the humanities’ general mode of inquiry; (b) expertise in formulating new ‘big’ exploratory and unifying questions, which are waning in creativity research; and (c) greater versatility in the use of empirical data material, since the analytical, speculative...... increasingly fragmented and in need of new ‘big’ unifying questions. Hence the designation of the dissertation’s research approach. The four papers serve a dual purpose. They are contributions in their own right, and they provide partial answers to the overall research question. In this respect, the concept...... of the current dispersed studies on constraints in creativity, spanning psychology, engineering, philosophy, design, and aesthetics. (2) Definitions, concepts, and models of self-imposed creativity constraints for analytical application within and across creative domains, including the 6i model for demonstrating...

  4. Use of Geological, Geophysical and Geomorphological Information as support for the harmonization of the legal limits of the continental shelf between Brazil and Uruguay

    International Nuclear Information System (INIS)

    Torres, L.; Villena, H.

    2010-01-01

    The United Nations Convention of the Law of the Sea (UNCLOS) establishes the juridical and legal frameworks which the Coastal States (C S) establish their respective outer limit of the continental shelf in which will exercise sovereignty rights under the resources in the on the seabed and seabed subsurface. The base to reach the delineation of continental shelf outer limit is ruled by the application the criteria which take into consideration mainly data and pieces of information from Geology, Geophysics and Geomorphology employed both lonely or conjunction. In the current presentation were employed both data carried out by Brazilian Continental Shelf Project (Laplace) and data from public domain. As the underwater features do not follow political limits, the goal of this proposal work is to present the integration of both data and pieces of information from geological, geophysical and geomorphologic characteristics in order to reach the harmonization of the Brazil and Uruguay continental shelf outer limit nearby their Maritime Lateral Boundary

  5. La comunidad imposible: atisbos sartreanos

    Directory of Open Access Journals (Sweden)

    Rius, Mercè

    2016-06-01

    Full Text Available In this paper, Sartre’s ontology is regarded as a precedent of the current political philosophers who state the impossibility of a being-in-common. In this sense they all distance themselves from Hegel and Heidegger, except that the thinkers of the impossible community cannot avoid speculating about death even if they deny that it has any sense. For Sartre though, the incompatibility between death and the freedom to exist remain essential, as well as a defense of realism. Moreover, this paper traces Sartre’s concept of the real and both his tendency and opposition to materialism.En este artículo se aborda la ontología sartreana a modo de precedente de la actual filosofía política que constata la imposibilidad del ser-en-común. Para ambas son Hegel y Heidegger los referentes de que distanciarse. Solo que los pensadores de la imposible comunidad no se abstienen de especular sobre la muerte, aunque nieguen su sentido. En cambio, para Sartre es esencial la incompatibilidad entre la muerte y la libertad del existir, así como la defensa del realismo. Se sigue aquí la pista a su concepto de lo real, a la vez que a su actitud tan propensa como adversa al materialismo.

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

    Directory of Open Access Journals (Sweden)

    Jean-François Nivet

    2004-12-01

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

  7. Comparison of the effects of two legal blood alcohol limits: the presence of alcohol in traffic accidents according to category of driver in Izmir, Turkey.

    Science.gov (United States)

    Karakus, Akan; İdiz, Nuri; Dalgiç, Mustafa; Uluçay, Tarik; Sincar, Yasemin

    2015-01-01

    Under existing Turkish road traffic law, there are 2 different blood alcohol concentration (BAC) limits allowed for drivers in 2013: zero blood alcohol and ≤0.50 g/L. All public transport, taxi, commercial, and official vehicle drivers must maintain a zero blood alcohol concentration while driving. Private vehicle drivers must maintain a BAC of 0.50 g/L or lower. The aim of the recent study was to evaluate the effect of these 2 legal blood alcohol limits on nonfatal traffic accidents that occurred due to the driver being under the influence of alcohol. This retrospective study was performed to evaluate the blood alcohol concentration of 224 drivers in nonfatal road accidents between June 2010 and July 2011 using headspace gas chromatography at the Izmir Forensic Medicine Group Presidency, Turkey. All cases evaluated by the toxicology department were entered into a database. We used descriptive statistics, χ(2) test, and independent sampling test to analyze the data. The total number of drivers involved in nonfatal traffic accidents was 224; 191 were private vehicle drivers and 33 were public transport, taxi, commercial, and official vehicle drivers. In the present study, alcohol was detected in the blood of about 27.2% (n = 61) of the 224 drivers. Sixty (31.4%) private vehicle drivers involved in nonfatal traffic accidents tested positive for alcohol. BAC values were also above the legal limit (0.50 g/L) in 27.7% (n = 53) of private vehicle drivers. However, the BAC was above the legal limit in only 3% (n = 1) of public transport, commercial, and official vehicle drivers involved in nonfatal traffic accidents. These results showed that private vehicle drivers subject to a BAC limit of ≤0.50 g/L were significantly associated with an increased risk of nonfatal accident involvement than drivers subject to a zero BAC limit (odds ratio [OR] = 12.29, 95% confidence interval [CI], 1.64-92.22; Fisher's exact test, P drivers subject to a 0.50 g/L level (52.60 mg/dl

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

    OpenAIRE

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

    2015-01-01

    This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence...

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

    Directory of Open Access Journals (Sweden)

    Abdulsallam A. Bakdash

    2017-06-01

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

  10. Método de análise isotópica (δ13C e limite de legalidade em néctar de laranja Isotopic analysis (δ13C method and legal limit in orange nectar

    Directory of Open Access Journals (Sweden)

    Ricardo Figueira

    2011-09-01

    Full Text Available Os objetivos deste trabalho foram desenvolver o método de análise isotópica para quantificar o carbono do ciclo fotossintético C3 em néctares de laranja comerciais e mensurar o limite de legalidade, baseado na legislação brasileira, para identificar as bebidas que não estão em conformidade com o Ministério da Agricultura, Pecuária e Abastecimento (MAPA. As bebidas foram produzidas em laboratório, conforme a legislação brasileira. Também foram produzidos néctares adulterados com quantidade de suco de laranja abaixo do limite mínimo permitido pelo MAPA. Na análise isotópica, foi mensurado o enriquecimento isotópico relativo dos néctares de laranja e também de suas frações, sólidos insolúveis (polpa e açúcar purificado. Com esses resultados, foi estimada a quantidade de fonte C3 por meio da equação da diluição isotópica. Para determinar a existência de adulteração, foi necessária a criação do limite de legalidade de acordo com a legislação brasileira. Oito marcas comerciais de néctar de laranja foram analisadas. Todas foram classificadas como legais. O limite de legalidade foi uma importante inovação metodológica, que possibilitou identificar as bebidas que estavam em conformidade com a legislação brasileira. A metodologia desenvolvida provou ser eficiente para quantificar o carbono de origem C3 em néctares de laranja comerciais.This work aimed to develop the isotope analysis method to quantify the carbon of the C3 photosynthetic cycle in commercial orange nectars, and to measure the legal limit based on Brazilian legislation in order to identify beverages not conforming to the Ministry of Agriculture, Livestock and Food Supply (MAPA. The beverages were produced in a laboratory according to Brazilian law. Adulterated nectars were also produced with a pulpy juice quantity below the level permitted by MAPA. Isotope analyses measured the relative isotope enrichment of the orange nectars and also of their

  11. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

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

  12. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  13. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  14. Imposing resolved turbulence in CFD simulations

    DEFF Research Database (Denmark)

    Gilling, L.; Sørensen, Niels N.

    2011-01-01

    In large‐eddy simulations, the inflow velocity field should contain resolved turbulence. This paper describes and analyzes two methods for imposing resolved turbulence in the interior of the domain in Computational Fluid Dynamics simulations. The intended application of the methods is to impose...... resolved turbulence immediately upstream of the region or structure of interest. Comparing to the alternative of imposing the turbulence at the inlet, there is a large potential to reduce the computational cost of the simulation by reducing the total number of cells. The reduction comes from a lower demand...... of modifying the source terms. None of the two methods can impose synthetic turbulence with good results, but it is shown that by running the turbulence field through a short precursor simulation, very good results are obtained. Copyright © 2011 John Wiley & Sons, Ltd....

  15. Resolution unfolding with limits imposed by statistical experimental errors

    International Nuclear Information System (INIS)

    Lang, D.W.

    1977-02-01

    A typical form of the resolution equation is derived by considering the physical measurement of an energy dependent spectrum. It is shown that the information contained in a data set may be expressed by writing the spectrum as a linear combination of a set of resolution functions. Introduction of other functions to describe the spectrum involves extra physical information. An iterative conjugate gradient technique to obtain a spectrum consistent with the data is described. At each iteration the residual discrepancy between the currently predicted yield and the measured data is used to generate the form and mangitude of the next term to be added to the spectrum. Other unfolding techniques are described and analysed, some faster than the conjugate gradient technique in special cases, but restricted in usefulness by implicit assumptions about the resolution functions. The nature of residual errors is considered. The variations of independently measured data sets are discussed, and hence, the variations of the sequence of terms appearing in a consequent conjugate gradient analysis. An approximate measure is obtained for the expected variation of independently obtained spectra. Refinements are briefly considered which apply to a resolution function that is not known precisely or which make use of a requirement that the spectrum be positive throughout its range. It is concluded that a conjugate gradient technique is best if sufficient computer facilities are available, and that, of the less demanding techniques, the best is one that is essentially a more slowly convergent version of a conjugate gradient method. (author)

  16. Limitations imposed by wearing armour on Medieval soldiers' locomotor performance.

    Science.gov (United States)

    Askew, Graham N; Formenti, Federico; Minetti, Alberto E

    2012-02-22

    In Medieval Europe, soldiers wore steel plate armour for protection during warfare. Armour design reflected a trade-off between protection and mobility it offered the wearer. By the fifteenth century, a typical suit of field armour weighed between 30 and 50 kg and was distributed over the entire body. How much wearing armour affected Medieval soldiers' locomotor energetics and biomechanics is unknown. We investigated the mechanics and the energetic cost of locomotion in armour, and determined the effects on physical performance. We found that the net cost of locomotion (C(met)) during armoured walking and running is much more energetically expensive than unloaded locomotion. C(met) for locomotion in armour was 2.1-2.3 times higher for walking, and 1.9 times higher for running when compared with C(met) for unloaded locomotion at the same speed. An important component of the increased energy use results from the extra force that must be generated to support the additional mass. However, the energetic cost of locomotion in armour was also much higher than equivalent trunk loading. This additional cost is mostly explained by the increased energy required to swing the limbs and impaired breathing. Our findings can predict age-associated decline in Medieval soldiers' physical performance, and have potential implications in understanding the outcomes of past European military battles.

  17. Limitations imposed by wearing armour on Medieval soldiers' locomotor performance

    OpenAIRE

    Askew, Graham N.; Formenti, Federico; Minetti, Alberto E.

    2011-01-01

    In Medieval Europe, soldiers wore steel plate armour for protection during warfare. Armour design reflected a trade-off between protection and mobility it offered the wearer. By the fifteenth century, a typical suit of field armour weighed between 30 and 50 kg and was distributed over the entire body. How much wearing armour affected Medieval soldiers' locomotor energetics and biomechanics is unknown. We investigated the mechanics and the energetic cost of locomotion in armour, and determined...

  18. Psychological and sociological research and the decriminalization or legalization of prostitution.

    Science.gov (United States)

    Rio, L M

    1991-04-01

    In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

  19. LEGAL AND ETHICAL ASPECTS OF THE CONSEQUENCES OF IMPOSING THE DISCIPLINARY SANCTIONS PROVIDED IN LAW NO. 206/2004 ON FAIR PRACTICES IN SCIENTIFIC RESEARCH, TECHNOLOGICAL DEVELOPMENT AND INNOVATION, WITH LATER COMPLETIONS AND AMENDMENTS IN THE CONTEXT OF THE PROVISIONS IN ART. 316 IN THE LAW OF NATIONAL EDUCATION NO. 1/2011

    Directory of Open Access Journals (Sweden)

    Andreea Elena Matic

    2015-11-01

    Full Text Available The current paper contains a brief analysis of art. 316 provided in The National Education Law no. 1/2011 in conjunction with the penalties stated in Law no. 206/2004 regarding fair practices in scientific research, technological development and innovation, with additions and amendments, as well as The National Education Law n o. 1/2011. The interesting aspect of this article of the law that completes common law (art. 248 (3 in the Labour Code is that it establishes the possibility of lifting and cancelling the disciplinary sanctions within a year since being imposed by the competent authority.In the academic world, the issue of fair practice in scientific research is one of honour and it provides each member of the scientific community with a dignified and respected career. The infringement of the provisions in Law no. 204/2004 on conduct in scientific research, technological development and innovation, with additions and amendments, leads to imposing sanctions which adversely affect the researcher’s reputation. In our paper we analyse the applicable sanctions, the actual meaning of the phrase „improvement of the activity and conduct” of the sanctioned person in the context of fair practices in scientific research and, in our conclusions, we attempt at finding the requirements that have to be met in order to eliminate the negative ethical consequences, redeem the good name and regain the right to a honorary career.

  20. Limiter

    Science.gov (United States)

    Cohen, S.A.; Hosea, J.C.; Timberlake, J.R.

    1984-10-19

    A limiter with a specially contoured front face is provided. The front face of the limiter (the plasma-side face) is flat with a central indentation. In addition, the limiter shape is cylindrically symmetric so that the limiter can be rotated for greater heat distribution. This limiter shape accommodates the various power scrape-off distances lambda p, which depend on the parallel velocity, V/sub parallel/, of the impacting particles.

  1. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    Science.gov (United States)

    2010-01-01

    ..., limited liability companies, corporations, and other similar legal entities. 1400.204 Section 1400.204..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

  2. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  3. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  4. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  5. Is Europe 'Giving in to Baby Markets'? Reproductive Tourism in Europe and the Gradual Erosion of Existing Legal Limits to Reproductive Markets

    NARCIS (Netherlands)

    van Beers, B.C.

    2015-01-01

    The main question in this article is how national legal orders in Europe, given their often restrictive laws on reproductive markets and assisted reproductive technologies (ARTs), are currently responding and should respond to reproductive tourism, in light of the fact that access to foreign

  6. DOCUMENT IMAGE REGISTRATION FOR IMPOSED LAYER EXTRACTION

    Directory of Open Access Journals (Sweden)

    Surabhi Narayan

    2017-02-01

    Full Text Available Extraction of filled-in information from document images in the presence of template poses challenges due to geometrical distortion. Filled-in document image consists of null background, general information foreground and vital information imposed layer. Template document image consists of null background and general information foreground layer. In this paper a novel document image registration technique has been proposed to extract imposed layer from input document image. A convex polygon is constructed around the content of the input and the template image using convex hull. The vertices of the convex polygons of input and template are paired based on minimum Euclidean distance. Each vertex of the input convex polygon is subjected to transformation for the permutable combinations of rotation and scaling. Translation is handled by tight crop. For every transformation of the input vertices, Minimum Hausdorff distance (MHD is computed. Minimum Hausdorff distance identifies the rotation and scaling values by which the input image should be transformed to align it to the template. Since transformation is an estimation process, the components in the input image do not overlay exactly on the components in the template, therefore connected component technique is applied to extract contour boxes at word level to identify partially overlapping components. Geometrical features such as density, area and degree of overlapping are extracted and compared between partially overlapping components to identify and eliminate components common to input image and template image. The residue constitutes imposed layer. Experimental results indicate the efficacy of the proposed model with computational complexity. Experiment has been conducted on variety of filled-in forms, applications and bank cheques. Data sets have been generated as test sets for comparative analysis.

  7. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  8. Is Europe 'giving in to baby markets?' Reproductive tourism in Europe and the gradual erosion of existing legal limits to reproductive markets.

    Science.gov (United States)

    Van Beers, Britta C

    2015-01-01

    The main question in this article is how national legal orders in Europe, given their often restrictive laws on reproductive markets and assisted reproductive technologies (ARTs), are currently responding and should respond to reproductive tourism, in light of the fact that access to foreign reproductive markets seems to be making these national laws 'merely symbolic'. Although many national governments have finally managed after many years of political and legal struggles to establish a carefully balanced legal framework for the regulation of these often ethically and religiously sensitive matters, ironically reproductive travel seems to be turning national reproductive laws into a dead letter. Currently, as a reaction to these developments, new legal strategies are being proposed and explored. Within the European context, the view is gaining ground that laws that curb international reproductive markets and their accompanying streams of fertility tourism have become ineffective, meaningless, and even harmful. As a result, a certain tendency towards tolerance of reproductive markets and reproductive travel can be detected in both politics and academia. According to this line of reasoning, restrictive and prohibitive legislation should be replaced by more pragmatic policies that take the realities of reproductive markets as a starting point. From this perspective, the legal restrictions within the country of origin, rather than the lack of regulation in the country of destination, should be regarded as the core of the problem. As a result, an increasing number of scholars and policy makers are arguing for more lenient national policies towards ARTs, hoping to thereby remove the main incentive for aspiring parents to resort to foreign reproductive services. This emerging pragmatic strategy of tolerance towards reproductive tourism and international reproductive markets rests on three arguments, which are each critically examined in this article. Although these

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

    Science.gov (United States)

    Umaña, A O

    1973-01-01

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

  10. The corporation and the community: Credibility, legitimacy, and imposed risk

    Energy Technology Data Exchange (ETDEWEB)

    Wade, C. (ed.) (Los Alamos National Lab., NM (United States)); Rosenthal, I. (Pennsylvania Univ., Philadelphia, PA (United States). Center for Risk and Decision Processes)

    1991-10-01

    In this age of rapid changes, large segments of society no longer trust any institution or authority in regard to pronouncements on what is safe. Because of this distrust, the public has demanded and obtained increased rights for individuals to intervene directly in decisions affecting them. Rosenthal warns that an organization that just fulfills its legal requirements for safety is no longer doing enough. Industry leaders must work toward re-establishing credibility by identifying persons who are potentially at risk as a result of industry activities, involving them in the communication process, and justifying the firm's social benefits. Seeking social legitimacy, chemical manufacturers have formed self-assessment groups and community councils, which have reaped unexpected benefits but have forced them to deal with issues they would have preferred to avoid. To industry leaders who contend that these types of activities are not worth the effort, Rosenthal presents a timely warning. Government and business must reduce public concerns significantly and make stakeholders more willing to tolerate imposed risk because of perceived benefits. It the public's concern is not reduced, we will all be required to make greater and greater investments in an inefficient and largely fruitless pursuit of absolute safety. 16 refs.

  11. The corporation and the community: Credibility, legitimacy, and imposed risk

    International Nuclear Information System (INIS)

    Wade, C.; Rosenthal, I.

    1991-10-01

    In this age of rapid changes, large segments of society no longer trust any institution or authority in regard to pronouncements on what is safe. Because of this distrust, the public has demanded and obtained increased rights for individuals to intervene directly in decisions affecting them. Rosenthal warns that an organization that just fulfills its legal requirements for safety is no longer doing enough. Industry leaders must work toward re-establishing credibility by identifying persons who are potentially at risk as a result of industry activities, involving them in the communication process, and justifying the firm's social benefits. Seeking social legitimacy, chemical manufacturers have formed self-assessment groups and community councils, which have reaped unexpected benefits but have forced them to deal with issues they would have preferred to avoid. To industry leaders who contend that these types of activities are not worth the effort, Rosenthal presents a timely warning. Government and business must reduce public concerns significantly and make stakeholders more willing to tolerate imposed risk because of perceived benefits. It the public's concern is not reduced, we will all be required to make greater and greater investments in an inefficient and largely fruitless pursuit of absolute safety. 16 refs

  12. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  13. Imaginary on International Migrants’ Human Rights in the Legal System: Some Limitations to the Principle of Universality in the Case of Argentina

    Directory of Open Access Journals (Sweden)

    Anahí Patricia González

    2017-06-01

    Full Text Available The purpose of this study is to analyze social representations of members of the legal system about human rights of international immigrants arrived to Argentina in the second half of 20th century. A qualitative methodological strategy was implemented; semistructured interviews to members of the legal institution of Buenos Aires metropolitan area were used. The interviews were transcribed and processed with qualitative criteria by implementing the Strauss and Corbin's (2002 methodology. This article analyses two relevant dimensions: citizens’ rights and migration policies. Among the main findings in the discourse of the subjects interviewed, it can be said that negative social representations about foreign people and their arrival to the country prevail. Even though there is a gradient of opinions whose extremes meet. On the one hand, there are those affirming equality (formal in the access to all rights for native and migrant population. On the other hand, there are those who propose the priority of access to these rights for native subjects. The principle of universality from a human rights perspective is dwarfed when compared to the position of those who consider the migration control, the restriction of the arrival of migrants, and the closure of national borders as essential

  14. Is imposing risk awareness cultural imperialism?

    Science.gov (United States)

    Førde, O H

    1998-11-01

    Epidemiology is the main supplier of "bases of action" for preventive medicine and health promotion. Epidemiology and epidemiologists therefore have a responsibility not only for the quality and soundness of the risk estimates they deliver and for the way they are interpreted and used, but also for their consequences. In the industrialised world, the value of, and fascination with health is greater than ever, and the revelation from epidemiological research of new hazards and risks, conveyed to the public by the media, has become almost an every-day phenomenon. This "risk epidemic" in the modern media is paralleled in professional medical journals. It is in general endorsed by health promoters as a necessary foundation for increased health awareness and a desirable impetus for people to take responsibility for their own health through behavioural changes. Epidemiologists and health promoters, however, have in general not taken the possible side effects of increased risk awareness seriously enough. By increasing anxiety regarding disease, accidents and other adverse events, the risk epidemic enhances both health care dependence and health care consumption. More profoundly, and perhaps even more seriously, it changes the way people think about health, disease and death--and ultimately and at least potentially, their perspective on life more generally. The message from the odds ratios from epidemiological research advocates a rationalistic, individualistic, prospective life perspective where maximising control and minimising uncertainty is seen as a superior goal. The inconsistency between applying an expanded health concept, comprising elements of coping, self-realisation and psycho-physical functioning, and imposing intolerance to risk and uncertainty, is regularly overlooked. Acceptance and tolerance of risk and uncertainty, which are inherent elements of human life, is a prerequisite for coping and self-realisation. A further shift away from traditional working

  15. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

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

    OpenAIRE

    MATEJ SAVIĆ

    2016-01-01

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

  17. CRIMINAL LAW RESPONSIBILITY OF LEGAL ENTITIES IN TURKEY

    Directory of Open Access Journals (Sweden)

    Berrin Akbulut

    2017-12-01

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

  18. An analysis of Australia's legal regime for imposing liability on manufacturers of pharmaceutical drugs.

    Science.gov (United States)

    Tsui, Mabel

    2014-03-01

    Following a trial in June 2009 where the Federal Court heard submissions regarding whether Merck Sharpe and Dohme Australia should be held liable for an increased risk of cardiovascular conditions noted in patients who had taken the anti-inflammatory drug Vioxx, a judgment was handed down against MSDA in March 2010. MSDA then appealed to the Full Federal Court, where it was successful. A subsequent special leave to appeal application to the High Court of Australia was rejected in May 2012. This article examines the themes raised in the trial judgment and the appropriateness of Australia's statutory consumer protection regime through the lens of pharmaceutical drug injuries and side effects.

  19. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

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

  20. [Changes in the legally mandated distribution of competency for mosquito control based on experience on Reunion Island].

    Science.gov (United States)

    Pinchon, R

    2012-03-01

    The purpose of this article is to describe the legal framework for controlling mosquito vectors of diseases transmissible to human beings in certain locations such as Reunion Island. A distinction is made between general legal measures for insect vector control and specific measures for mosquito control. Regionalization is a major factor in the legal framework for insect vector control, thus limiting the scope of action by the prefecture. Another factor involves the increasing role of an important new player, i.e., the regional health agencies. Mosquito vector control raises the need to impose and enforce measures on the general public as well as private citizens. Failure to comply with these measures is punishable by sanctions and fines with no diminishing effect on de jure implementation of control measures by public agencies.

  1. Legalization, decriminalization & medicinal use of cannabis: a scientific and public health perspective.

    Science.gov (United States)

    Svrakic, Dragan M; Lustman, Patrick J; Mallya, Ashok; Lynn, Taylor Andrea; Finney, Rhonda; Svrakic, Neda M

    2012-01-01

    Empirical and clinical studies clearly demonstrate significant adverse effects of cannabis smoking on physical and mental health as well as its interference with social and occupational functioning. These negative data far outweigh a few documented benefits for a limited set of medical indications, for which safe and effective alternative treatments are readily available. If there is any medical role for cannabinoid drugs, it lies with chemically defined compounds, not with unprocessed cannabis plant. Legalization or medical use of smoked cannabis is likely to impose significant public health risks, including an increased risk of schizophrenia, psychosis, and other forms of substance use disorders.

  2. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  3. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  4. Ativismo judicial: nos limites entre racionalidade jurídica e decisão política Judicial activism: in the limits between legal rationality and political decision

    Directory of Open Access Journals (Sweden)

    Anderson Vichinkeski Teixeira

    2012-06-01

    Full Text Available O presente artigo tem como objetivo encontrar parâmetros para que se possa determinar quando o ativismo judicial deixa o âmbito da argumentação jurídica e se torna instrumento de decisão política. Para tanto tentamos definir um possível conceito de ativismo judicial e as suas origens na tradição jurídica estadunidense. Nesse primeiro momento utilizamos o método histórico analítico para contextualizar historicamente as categorias conceituais em estudo e o momento de surgimento do fenômeno nos Estados Unidos. Em seguida, passamos a estudar, com base no método crítico-comparativo, os elementos fundamentais que caracterizam a racionalidade política e a racionalidade jurídica. Ao final, discutimos as perspectivas para um juiz ativista no Brasil, especialmente quando atue na proteção dos direitos fundamentais e na garantia da supremacia da Constituição. Em termos gerais, nossas conclusões apontam critérios que permitam a definição do que seria um ativismo judicial positivo, em detrimento da sua espécie nociva à saúde da ordem constitucional.This article has as general goal to find parameters in order to determine when the judicial activism leaves the field of legal argumentation and becomes an instrument of political decision. To this end, we started trying to define a possible concept of judicial activism and its origins in the United States juridical tradition. In this first moment, we use the historical analytical method to try to contextualize historically the conceptual categories under study and the conditions of emergence of this phenomenon in the United States. Following, on the basis of the critical comparative method, we began to study the fundamental elements that characterize political rationality and legal rationality. At the end, we discuss the prospects for an activist judge in Brazil, especially when acting in the protection of fundamental rights and ensuring the supremacy of the constitution. In general

  5. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  6. The Principles of Proportionality, Legal Argumentation and the Discretionary Power of the Public Administration: An Analysis from the Limits on Fundamental Rights and Guarantees

    Directory of Open Access Journals (Sweden)

    Yezid Carrillo-de la Rosa

    2017-06-01

    Full Text Available This paper examines the implications of the principle of proportionality with regards to administrative decisions that limit civil liberties and fundamental rights. The hypothesis we intend to demonstrate is that a discretionary power of the Public Administration for issuing measures that restricts individual rights and liberties is just apparent, since the reach of agency discretion for choosing time, means and place conditions is very narrow. As the following research shows, the principle of proportionality obliges administrative agencies to implement effective means to attain the purposes of their intervention, but minimizing its impacts on constitutionally protected rights and liberties.

  7. 42 CFR 423.756 - Procedures for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... independent review has been performed. (ii) In instances where marketing or enrollment or both intermediate... both for a limited period of time in order to assist CMS in making a determination as to whether the... decision to impose a civil money penalty to include— (i) A description of the basis for the determination...

  8. Recommendations on good practices in the field of workers radiation protection in the perspective of lowering of the legal limitation of the equivalent dose for the eyes lens

    International Nuclear Information System (INIS)

    2015-01-01

    As international bodies (ICRP, IAEA) have proposed or accepted a reduction of the equivalent dose limitation for the eyes crystalline lens for workers in situations of planned exposures, this report by the IRSN is an answer to a request made by the ASN for an opinion on expected good practices in terms of radiation protection of workers, particularly within the framework of interventional radiology and in operating rooms where these interventional actions occur. After having recalled the historical context and outlined the differences between different published data, the report identifies professional activities at risk (general aspects, case of interventional radiology, case of brachytherapy, nuclear medicine and medical research, case of industrial activities). It describes the characteristics of good practices in radiation protection in these different environments (general, interventional radiology, and so on) in order to protect workers or to optimise individual exposure. The next part addresses the issue of dose control: choice of dosimetric quantity, ways to assess lens exposure. A set of recommendations is then proposed

  9. Legal size limit implies strong fisheries selection on sexually selected traits in a temperate wrasse providing male-only parental care

    Directory of Open Access Journals (Sweden)

    Kim Aleksander Tallaksen Halvorsen

    2015-12-01

    Full Text Available Corkwing wrasse (Symphodus melops is a temperate wrasse displaying both sex and male dimorphism and is targeted in a size selective commercial fishery which has increased dramatically since 2008. Wrasses are supplied alive to salmon farms as cleaner fish to combat infestations of Salmon lice. In previous studies, growth and maturation has been found to differ among male morphs and sexes and these groups might therefore be targeted unevenly by the size selective fishery. In the present study, we address this by comparing size regulations and fishing practice with data on sex specific growth and maturation from Western and Southern Norway, two regions varying in density and life histories. Two years of field data on density and length measures was used together with a subsample of otoliths to determine sex specific growth patterns. In the region with high density, nesting males were found to grow faster and mature later than sneaker males and females. Here, most nesting males will reach the minimum size as juveniles, one and two years before females and sneakers respectively. In contrast, sexual dimorphism was much less pronounced in the low density region, and relaxed male-male competition over nesting sites seems a likely explanation for this pattern. Intensive harvesting with selective removal of the larger nesting males could potentially lead to short term effect such as sperm limitation and reduced offspring survival and thus affect the productivity of juveniles. In addition, the current fishing regime may select for reduced growth rates and earlier maturation and oppose sexual selection.

  10. LEGAL RESTRICTIONS AND INFORMAL LAND USE PRACTICES OF CHINESE FARMERS ON THE RUSSIAN FAR EAST

    Directory of Open Access Journals (Sweden)

    Ivan Zuenko

    2017-01-01

    Full Text Available УДК 349.41The article is devoted to the analysis of legal forms and informal land use practices existing among Chinese farmers on the Russian Far East. The main intention of the authors is to explore the reasons for the existence of sustainable practices circumvent legal restrictions of land rights of foreign citizens and legal entities, as well as determine the “limits of limitations” of land rights of foreigners (including property and land lease rights. Problem field of the research includes definition of trends of legal regulation in this sphere, classification of informal land use practices by Chinese farmers, as well as a comparative description of the trends in legal regulation of land relations with foreign element in the Commonwealth of Independent States and Asia-Pacific countries. Methodology includes sociological methods (interview, participant observation by which authors has obtained and classified infor-mation on informal land use practices existing among Chinese farmers. Specially-legal methods (including comparative legal analysis and method of normative interpretation were used to determine the regulatory trends in neighboring countries as well as to find out the limits of restrictions which may be imposed on foreigners land rights without con-tradiction with federal Constitution. Restrictive initiatives promoted recently by Ministry of agriculture not only make a visible contrast with the liberalization of land use in the neighboring countries of the Asia-Pacific region, but also are not adequate in light of the government's intentions to attract foreign investment into the economy of the Far East region. The fact that some subjective rights belongs to foreign citizens and legal persons in itself does not allow the government to restrict them more than such rights of Russian citizens. Moreover, further limitation invades in the very essence of the content (core of the right for land. A further limitation of land use

  11. Limiting youth access to tobacco: comparing the long-term health impacts of increasing cigarette excise taxes and raising the legal smoking age to 21 in the United States.

    Science.gov (United States)

    Ahmad, Sajjad; Billimek, John

    2007-03-01

    Although many states in the US have raised cigarette excise taxes in recent years, the size of these increases have been fairly modest (resulting in a 15% increase in the per pack purchase price), and their impact on adult smoking prevalence is likely insufficient to meet Healthy People 2010 objectives. This paper presents the results of a 75-year dynamic simulation model comparing the long-term health benefits to society of various levels of tax increase to a viable alternative: limiting youth access to cigarettes by raising the legal purchase age to 21. If youth smoking initiation is delayed as assumed in the model, increasing the smoking age would have a minimal immediate effect on adult smoking prevalence and population health, but would affect a large drop in youth smoking prevalence from 22% to under 9% for the 15-17-year-old age group in 7 years (by 2010)-better than the result of raising taxes to increase the purchase price of cigarettes by 100%. Reducing youth initiation by enforcing a higher smoking age would reduce adult smoking prevalence in the long-term (75 years in the future) to 13.6% (comparable to a 40% tax-induced price increase), and would produce a cumulative gain of 109 million QALYs (comparable to a 20% price increase). If the political climate continues to favor only moderate cigarette excise tax increases, raising the smoking age should be considered to reduce the health burden of smoking on society. The health benefits of large tax increases, however, would be greater and would accrue faster than raising the minimum legal purchase age for cigarettes.

  12. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

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

  13. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

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

  14. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

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

  15. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  16. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

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

  17. The International Legal Limitations On Information Warfare

    National Research Council Canada - National Science Library

    O'Brien, Gregory

    1998-01-01

    .... Information war has no front line. Potential battlefields are anywhere networked systems allow access to oil and as pipelines, for example, electric power grids, telephone switching networks. In sum, the U.S...

  18. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  19. ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

    Directory of Open Access Journals (Sweden)

    RADA POSTOLACHE

    2012-05-01

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

  20. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  1. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  2. Imposed Stories: Prisoner Self-narratives in the Criminal Justice System in New South Wales, Australia

    Directory of Open Access Journals (Sweden)

    Maggie Hall

    2016-03-01

    Full Text Available This article examines the ways in which offenders are required to provide very particular accounts of themselves and to self-narrate in confined ways. Drawing on ethnographic fieldwork and interviews conducted in the New South Wales justice system, it explores how the stories that offenders are made to accept and tell about themselves often bear little relationship to their own reflections. It analyses how, despite the expectations of judges and prison authorities, these self-narratives are not products of an offender’s soul-searching concerning his past actions and experience; rather they are products of an official legal narrative being imposed on an offender whose capacity to own and enact such a narrative is already seriously compromised.

  3. The Legal Problem of Humanitarian Assistence

    Directory of Open Access Journals (Sweden)

    Florentino Ruiz Ruiz

    1995-01-01

    Full Text Available The donating of assistance to those people in grave need presents the case for examining the contents of what is known as humanitarian assistance, for determining its field of application, for looking at those to whom it is addressed and at those who are able to offer it. Also, given that this assistance is capable of being offered in very different situations, of putting both peace and international security in danger or of dealing with events which have nothing to do with it, both the General Assembly of the UN as well as the SecurityCouncil have shown how they are related in determined circumstances. The assistance can be offered by governmental institutions or dependents of international organizations such as through Non-Governmental Organizations putting forward new questions aboutthe principle of non-intervention. Furthermore, in those cases in which assistance cannot be offered with the consent of the territorial State, or, in the case of armed conflict, of the contending sides, its very effectiveness necessarily involves the establishment of some system of protection for those who offer assistance, and to try and assure the arrival of help to those to whom it is destined.Conceived and shaped by the Resolutions of the General Assembly with respect to state sovereignty, the offering of humanitarian assistance does not mean that it does not imply limits to the sovereignty of the States and that the need to make it effective does not impose obligations upon them, which as they regard guaranteeing basic human rights such as the right to life or physical well-being can, for their connection with the latter, constitute obligations erga omnes. In any case, it is a developing institution, as well as with regard to its legal consequences, whose real effectiveness must advance by way of identifying rights which are harmed in the case of the offer for assistance being refused or impeded it and the consequences which such interference carries with it.

  4. Teenage abortion in Germany: with reference to the legal system in the United States.

    Science.gov (United States)

    Belling, D W; Eberl, C

    1996-01-01

    This document compares the legal aspects of induced abortion in the US and Germany with a focus on how each country treats minors who wish to undergo abortion. After a short introduction, the second section describes the legal approach to abortion in the US where women (including minors) have an implicitly recognized constitutional right to abortion until compelling state interest intervenes at a point where the unborn child would be viable outside of the womb. States, however, may permit parents to participate in their daughter's abortion decisions as long as a "judicial bypass procedure" exists to protect the minor's rights. Section 3 describes the situation in Germany, where no constitutional right to abortion exists and where the fetus is protected by the constitution. A minor's right to abortion is determined by the provisions governing whether or not an abortion can be performed, by age limitations, and by the custody rights of the parents. Relevant decisions of the Federal Constitutional Court in 1975 and 1993 are reviewed to show that women have a duty to carry a pregnancy to term unless the woman requests the abortion within 12 weeks of conception and submits to counseling which seeks to protect the fetus (such an abortion would be illegal but immune from prosecution). German court rulings on the competency of minors to render consent are then noted to show that even minors have ultimate responsibility with regard to abortion. Analysis of the legal situation in Germany continues with a look at the personal custody rights of parents and the limitations on those rights imposed by the constitutional rights of the child, by the child's age, and by the child's self-reliance and capacity to assume responsibility. The conclusion contrasts the US and German legal sources of limitation of parental rights over the decisions of minors and the ways each system determines the competency of a minor to make such a decision.

  5. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  6. CONDITIONS, MEANS OF OPTIMISATION AND THE LIMITS OF LOCAL AUTONOMY

    Directory of Open Access Journals (Sweden)

    Eliza Adela VOICU

    2014-11-01

    Full Text Available The principle of local autonomy, as right and capacity of local authorities to address and manage public issues, on behalf of and in the interests of the local communities they represent, requires meeting the following cumulative conditions: recognition of the legal personality of the local communities and the election of their administrative authorities. The author brings arguments relevant to point out that local authorities must have the power of self-regulation, contractual freedom and adequate financial resources. Local autonomy limits are imposed by the need to respect the character of the decentralised unitary State and are guaranteed through the administrative control exercised by the central power. The originality of this article lies in the fact that the analysis of the legal texts was done in correlation with how they have been applied by the courts, particular relevance being given by the decisions of the Constitutional Court of Romania.

  7. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

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

  8. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

    The main areas to be considered in relation to the abandonment of offshore installations are: (1) the legal requirements to be imposed in relation to abandonment, this will include consideration of English, Norwegian and Dutch law as well as international law; (2) how licensees may protect themselves against joint and several liability for performance of their legal obligations in relation to abandonment by the provision of security; and (3) consideration of practical examples of abandonment such as the abandonment of the Piper Alpha platform on the UK continental shelf and the K13-D platform on the Dutch continental shelf. This paper considers only abandonment of offshore installations as very different considerations apply onshore and applies only to Europe, though the international treaties will also apply elsewhere

  9. 49 CFR 199.209 - Other requirements imposed by operators.

    Science.gov (United States)

    2010-10-01

    ... ALCOHOL TESTING Alcohol Misuse Prevention Program § 199.209 Other requirements imposed by operators. (a... authority of operators, or the rights of employees, with respect to the use or possession of alcohol, including authority and rights with respect to alcohol testing and rehabilitation. (b) Operators may, but...

  10. Alignment to natural and imposed mismatches between the senses

    NARCIS (Netherlands)

    van der Kooij, K.; Brenner, E.; van Beers, R.J.; Schot, W.D.; Smeets, J.B.J.

    2013-01-01

    Does the nervous system continuously realign the senses so that objects are seen and felt in the same place? Conflicting answers to this question have been given. Research imposing a sensory mismatch has provided evidence that the nervous system realigns the senses to reduce the mismatch. Other

  11. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

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

  12. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  13. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

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

  14. An electron plasma experiment to study vortex dynamics subject to externally imposed flows

    Science.gov (United States)

    Hurst, N. C.; Danielson, J. R.; Surko, C. M.

    2018-01-01

    An experimental technique is presented for studying two-dimensional (2D) ideal fluid vortices in the presence of externally imposed flows, using an electron plasma confined in a Penning-Malmberg trap. This procedure is made possible by an isomorphism between the Drift-Poisson equations governing electron plasma dynamics and the 2D Euler equations describing an ideal fluid. Here, the electron density is the analog of fluid vorticity, and the electric potential that of the fluid stream function. External flows are imposed in 2D using a segmented electrode spanning the length of the plasma. Details of the experimental procedure and data analysis are given, including the capabilities and limitations of the experimental approach.

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

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

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

  16. Cyber security issues imposed on nuclear power plants

    International Nuclear Information System (INIS)

    Kim, Do-Yeon

    2014-01-01

    Highlights: • Provide history of cyber attacks targeting at nuclear facilities. • Provide cyber security issues imposed on nuclear power plants. • Provide possible countermeasures for protecting nuclear power plants. - Abstract: With the introduction of new technology based on the increasing digitalization of control systems, the potential of cyber attacks has escalated into a serious threat for nuclear facilities, resulting in the advent of the Stuxnet. In this regard, the nuclear industry needs to consider several cyber security issues imposed on nuclear power plants, including regulatory guidelines and standards for cyber security, the possibility of Stuxnet-inherited malware attacks in the future, and countermeasures for protecting nuclear power plants against possible cyber attacks

  17. Optimal Design of DC Electromagnets Based on Imposed Dynamic Characteristics

    Directory of Open Access Journals (Sweden)

    Sergiu Ivas

    2016-10-01

    Full Text Available In this paper is proposed a method for computing of optimal geometric dimensions of a DC electromagnet, based on the imposed dynamical characteristics. For obtaining the optimal design, it is built the criterion function in an analytic form that may be optimized in the order to find the constructive solution. Numerical simulations performed in Matlab software confirm the proposed work. The presented method can be extended to other electromagnetic devices which frequently operate in dynamic regime.

  18. Distortions Imposed By Inflation on Historical-Cost Depreciation

    OpenAIRE

    Bravo-Ureta, Boris E.

    1983-01-01

    The use of historical-cost depreciation in periods of persistent inflation decreases the present value of depreciation deductions, thus understating the true economic cost of capital and increasing the real after-tax rate of return required by potential investors. Efforts to correct these problems by adopting depreciation methods that allow for artificially short recovery periods or accelerated rates do not provide an adequate solution. Distortions imposed by inflation on historical-cost depr...

  19. Arc Motion in an Obliquely Imposed Alternating Magnetic Field

    International Nuclear Information System (INIS)

    Akiho, R; Takeda, K; Sugimoto, M

    2012-01-01

    The arc motion is theoretically investigated under an alternating magnetic field imposed obliquely to the arc. The arc is known to oscillate on a 2-D plane when the alternating magnetic field is imposed perpendicularly to the arc. If the alternating magnetic field is imposed obliquely to the arc, then it is expected that the arc oscillates not on the 2-D plane but in a 3-D space. For this study, 3-D simulation was performed on the motion of the plasma gas under an alternating magnetic field crossing obliquely to the arc. It was also assumed that a stream line of the plasma gas represented the arc profile. The momentum equation for the plasma gas was solved together with the continuity equation. Governing parameters for the gas motion are θ (crossing angle), v 0 (initial velocity of the plasma gas), and λ. Parameter λ is defined as λ = (I a B 0 )/Q 0 . Numerical results are reported under different operating conditions such as magnetic flux densities and the angles between the arc and the magnetic flux. If the crossing angle is larger than 4/π, the arc might be extinguished because of the drastic increase of the arc length.

  20. 77 FR 32441 - Proposed Legal Interpretation

    Science.gov (United States)

    2012-06-01

    ... limitations applicable to domestic operations) provides a description of deadhead transportation which is used in the same context throughout the part 121 regulatory framework for domestic, flag and supplemental...), ``no carrier may schedule a pilot to fly * * *,'' prescribes a block-to-block limitation); Legal...

  1. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

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

    2009-01-01

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

  2. Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction over Fact

    Directory of Open Access Journals (Sweden)

    Jessica White

    2016-03-01

    Full Text Available In this paper we briefly focus on intimate partner sexual violence (IPSV and the Australian legal response, using recent Court judgements and Heather Wishik’s feminist jurisprudence framework for inquiry to guide investigation. The key questions being asked are: (1 What have been and what are now all women’s experiences of IPSV addressed by the substance and process of rape law? (2 What assumptions, descriptions, assertions and/or definitions of consent, corroboration and reporting does the law make in IPSV matters? (3 What is the area of mismatch, distortion or denial created by the differences between women’s life experiences of IPSV coercion and the law’s assumptions or imposed structures? (4 What patriarchal interests are served by the mismatch? The paper concludes with consideration of the limitations and benefits of law reform by reflecting on the findings of the paper.

  3. Fees and penalties for use of the environment – financial and legal aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-09-01

    Full Text Available Fees and penalties for use of the environment, regulated by the Environmental Protection Act, are legal structures related with each other. These are the four basic fees (for the emission of gases or dust into the air, the discharge of sewage, for water drawing and for storage of waste, as well as increased fees and penalties. Fees and penalties for use of the environment are separate institutions in relation to other categories of public revenues (taxes, fees for services. These are the payments for use directly the components of the environment (e.g. air, water. They constitute public burden for the use of the environment, which the state legislature imposes on entities using the environment. Their aim is to limit the use of the natural environment and the accumulation of funds for financing the tasks in the area of environmental protection.

  4. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  5. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

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

  6. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

  7. Propulsion efficiency and imposed flow fields of a copepod jump

    DEFF Research Database (Denmark)

    Jiang, H.; Kiørboe, Thomas

    2011-01-01

    the imposed flow fields and associated energetics of jumps by means of computational fluid dynamics simulations by modeling the copepod as a self-propelled body. The computational fluid dynamics simulation was validated by particle image velocimetry data. The flow field generated by a repositioning jump...... velocity vectors pointing towards the copepod; such a flow field may inform the predator of the whereabouts of the escaping copepod prey. High Froude propulsion efficiency (0.94–0.98) was obtained for individual power stroke durations of all simulated jumps. This is unusual for small aquatic organisms...

  8. Endurance Exercise: Normal Physiology and Limitations Imposed by Pathological Processes (Part 1).

    Science.gov (United States)

    Frontera, Walter R.; Adams, Richard P.

    1986-01-01

    The physiologic and metabolic adjustments of the body to a single endurance exercise session are analyzed in terms of the respiratory system, the cardiovascular system, and oxygen delivery to the muscles. Patients with cardiorespiratory and neuromuscular diseases are compared to normal individuals. (Author/MT)

  9. 78 FR 35351 - Persons on Whom Sanctions Have Been Imposed Pursuant to the Iran Sanctions Act of 1996, as...

    Science.gov (United States)

    2013-06-12

    ... Petrochemical Company and Niksima Food and Beverage JLT. DATES: Effective Date: The sanctions on Ferland Company Limited, Jam Petrochemical Company, and Niksima Food and Beverage JLT are effective May 31, 2013. FOR... to be imposed on Niksima Food and Beverage JLT: 1. Banking transactions. Any transfers of credit or...

  10. Retrospection. Uranium mining Wismut und the legal casualty insurance

    International Nuclear Information System (INIS)

    Breuer, Joachim

    2015-01-01

    Although the Wismut uranium mining company in the former DDR had 600.000 employees, the company was not mentioned in the contract on the German reunification. The expenses for the health consequences imposed manifold challenges to the legal casualty insurance. The question of responsibility, the conservation, digitalization and evaluation of data concerning the personnel and health information, partially handwritten is a tremendous amount of work.

  11. Civil Rights of Foreigners in Private Legal Relations

    OpenAIRE

    Dukagjin Leka

    2016-01-01

    The movement of people, goods, money, intellectual property and ideas, nowadays is a normal phenomenon and important characteristic of the contemporary world, and certainly would be characteristic for the future, even in a greater extent, when we consider the fact that globalization today is one of the phenomena that has swept across the globe. Knowing the fact that the intensification of legal relations with a foreign element as to the type and for the content imposes various problems of law...

  12. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  13. LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

    Directory of Open Access Journals (Sweden)

    S. Chandra

    2015-01-01

    Full Text Available Legal aid in India has evolved over the last few decades since 42nd Amendment to the Indian Constitution. This paper attempts to provide philosophical underpinnings suggesting how legal aid model has evolved over the years and excogitate a newer trajectory for its future evolution. It delves into weighing Kant’s imperfect duty justifying a charity based regime and marks a transition to utilitarian model suggesting requirement of institutional need to address issues of basic liberty of ‘access to justice.’ It also spells out Rawls’ principles of justice and attempts to explore their applicability in the Indian context, to chart out a road map for future. While contrasting different models on legal aids, it makes a finding that, India doesn’t accord priority to liberty of access to justice. The Indian Supreme Court has emerged as a bastion of liberty but the finer details of the enactment has been messed up by the Indian lawmakers. The lower compensation to lawyers and lack of alternative incentives in attracting established litigators, testifies this. There is a convergence in Kantian duty of benevolence and Rawls’ liberty principle but in the world of moral relativism, a fair compensation must precede before imposing any obligation on lawyers to take up pro bono matters, as doing so, is likely to compromise their ‘true needs.’

  14. Arthropod Borne Diseases in Imposed War during 1980-88

    Directory of Open Access Journals (Sweden)

    M Khoobdel

    2008-06-01

    Full Text Available Background: Personnel of military forces have close contact with natural habitat and usually encounter with bite of arthropods and prone to be infected with arthropod borne diseases. The imposed war against Iran was one of the most important and the longest war in the Middle East and even in the world and military people faced various diseases. The aim of this study was to review prevalence of arthropod borne diseases and to collect relevant information and valuable experiences during the imposed war.Methods: The present survey is a historical research and cross-sectional study, focused on arthropod fauna, situation of different arthropod borne diseases and also the ways which military personnel used to protect themselves against them. The information was adopted from valid military health files and also interviewing people who participated in the war.Results: Scabies, cutaneous leishmaniasis, sandfly fever and pediculosis were more prevalent among other arthropod -borne diseases in Iran-Iraq war. Measures to control arthropods and diseases at wartime mainly included: scheduled spraying of pesticides, leishmanization and treatment of patients.Conclusion: Although measures used during the war to control arthropods were proper, however, due to needs and importance of military forces to new equipment and technologies, it is recommended to use deltamethrin-impreg­nated bed net, permethrin treated military uniforms and various insect repellents in future.

  15. Infidelity and the Possibility of a Liberal Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2017-01-01

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

  16. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  17. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  18. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

  20. Breakdowns in communication of radiological findings: an ethical and medico-legal conundrum

    OpenAIRE

    Berlin, Leonard; Murphy, Daniel R.; Singh, Hardeep

    2014-01-01

    Communication problems in diagnostic testing have increased in both number and importance in recent years. The medical and legal impact of failure of communication is dramatic. Over the past decades, the courts have expanded and strengthened the duty imposed on radiologists to timely communicate radiologic abnormalities to referring physicians and perhaps the patients themselves in certain situations. The need to communicate these findings goes beyond strict legal requirements: there is a mor...

  1. AIDS, travel and migration: legal and human rights aspects.

    Science.gov (United States)

    Tomasevski, K

    1991-01-01

    This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.

  2. Structural optimization under overhang constraints imposed by additive manufacturing technologies

    Science.gov (United States)

    Allaire, G.; Dapogny, C.; Estevez, R.; Faure, A.; Michailidis, G.

    2017-12-01

    This article addresses one of the major constraints imposed by additive manufacturing processes on shape optimization problems - that of overhangs, i.e. large regions hanging over void without sufficient support from the lower structure. After revisiting the 'classical' geometric criteria used in the literature, based on the angle between the structural boundary and the build direction, we propose a new mechanical constraint functional, which mimics the layer by layer construction process featured by additive manufacturing technologies, and thereby appeals to the physical origin of the difficulties caused by overhangs. This constraint, as well as some variants, is precisely defined; their shape derivatives are computed in the sense of Hadamard's method, and numerical strategies are extensively discussed, in two and three space dimensions, to efficiently deal with the appearance of overhang features in the course of shape optimization processes.

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

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

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

  4. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

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

  5. The 2014 Budget Act: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-03-01

    Full Text Available The Budget Act for the year 2014 raises legal questions in the context of the provisions of the Constitution as well as the Public Finance Act from 2009. Polish constitutional provisions relating to the state budget may be described as too general. They specify the requirements with regard to the Budget Act only to a limited extent.

  6. Developing legal regulatory frameworks for modern biotechnology ...

    African Journals Online (AJOL)

    This paper looks at attempts that have been made to develop legal regulatory frameworks for modern biotechnology. The discussion is limited to the regulation of Genetically Modified Organisms (GMO) technology by the two leading producers and exporters of GMOs in Africa: South Africa and Kenya. The international and ...

  7. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  9. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  10. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  11. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  12. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  13. Making the Case for Case Studies in Empirical Legal Research

    NARCIS (Netherlands)

    Argyrou, A.

    2017-01-01

    This is a contribution to the scholarly discussion concerning the limited use of the case study qualitative method in support of legal research. It demonstrates the use of the case study qualitative method in the context of an empirical legal research project, which examines stakeholder

  14. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

  15. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  16. Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol.

    Science.gov (United States)

    Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; Lima, Breno José Santiago Bezerra de; Benedetti, Roberto Henrique

    Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine, opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The Federal Council of Medicine resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Published by Elsevier Editora Ltda. All rights reserved.

  17. [Ethical and legal duty of anesthesiologists regarding Jehovah's Witness patient: care protocol].

    Science.gov (United States)

    Takaschima, Augusto Key Karazawa; Sakae, Thiago Mamôru; Takaschima, Alexandre Karazawa; Takaschima, Renata Dos Santos Teodoro; de Lima, Breno José Santiago Bezerra; Benedetti, Roberto Henrique

    Jehovah's Witnesses patients refuse blood transfusions for religious reasons. Anesthesiologists must master specific legal knowledge to provide care to these patients. Understanding how the Law and the Federal Council of Medicine treat this issue is critical to know how to act in this context. The aim of this paper was to establish a treatment protocol for the Jehovah's Witness patient with emphasis on ethical and legal duty of the anesthesiologist. The article analyzes the Constitution, Criminal Code, resolutions of the Federal Council of Medicine (FCM), opinions, and jurisprudence to understand the limits of the conflict between the autonomy of will of Jehovah's Witnesses to refuse transfusion and the physician's duty to provide the transfusion. Based on this evidence, a care protocol is suggested. The FCM resolution 1021/1980, the penal code Article 135, which classifies denial of care as a crime and the Supreme Court decision on the HC 268,459/SP process imposes on the physician the obligation of blood transfusion when life is threatened. The patient's or guardian's consent is not necessary, as the autonomy of will manifestation of the Jehovah's Witness patient refusing blood transfusion for himself and relatives, even in emergencies, is no not forbidden. Copyright © 2016 Sociedade Brasileira de Anestesiologia. Publicado por Elsevier Editora Ltda. All rights reserved.

  18. Denial of abortion in legal settings.

    Science.gov (United States)

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

    2015-07-01

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

  19. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  20. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  1. SAR moving object imaging using sparsity imposing priors

    Science.gov (United States)

    Önhon, N. Özben; Çetin, Müjdat

    2017-12-01

    Synthetic aperture radar (SAR) returns from a scene with motion can be viewed as data from a stationary scene, but with phase errors due to motion. Based on this perspective, we formulate the problem of SAR imaging of motion-containing scenes as one of joint imaging and phase error compensation. The proposed method is based on the minimization of a cost function which involves sparsity-imposing regularization terms on the reflectivity field to be imaged, considering that it admits a sparse representation as well as on the spatial structure of the motion-related phase errors, reflecting the assumption that only a small percentage of the entire scene contains moving objects. To incorporate the spatial structure of the phase errors into the problem, we provide three different sparsity-enforcing prior terms. In order to achieve computational gains, we also present a two-step version of our approach, which first determines regions of interest that are likely to contain the moving objects and then applies our sparsity-driven approach for joint image reconstruction and autofocusing in such a spatially constrained setting. Our preliminary experiments demonstrate the effectiveness of this new moving target SAR imaging approach.

  2. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

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

  3. 42 CFR 488.430 - Civil money penalties: Basis for imposing penalty.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 5 2010-10-01 2010-10-01 false Civil money penalties: Basis for imposing penalty... PROCEDURES Enforcement of Compliance for Long-Term Care Facilities with Deficiencies § 488.430 Civil money penalties: Basis for imposing penalty. (a) CMS or the State may impose a civil money penalty for either the...

  4. 26 CFR 1.802-3 - Tax imposed on life insurance companies.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 8 2010-04-01 2010-04-01 false Tax imposed on life insurance companies. 1.802-3... TAX (CONTINUED) INCOME TAXES Life Insurance Companies § 1.802-3 Tax imposed on life insurance companies. (a) In general. For taxable years beginning after December 31, 1957, section 802(a)(1) imposes a...

  5. 26 CFR 1.1374-1A - Tax imposed on certain capital gains.

    Science.gov (United States)

    2010-04-01

    ... TAX (CONTINUED) INCOME TAXES Section 1374 Before the Tax Reform Act of 1986 § 1.1374-1A Tax imposed on... 26 Internal Revenue 11 2010-04-01 2010-04-01 true Tax imposed on certain capital gains. 1.1374-1A... 1374 imposes a tax (computed under paragraph (b) of this section) on the income of such corporation...

  6. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  7. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  8. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

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

  9. Legal Constraints on the Indeterminate Control of 'Dangerous' Sex Offenders in the Community: The English Perspective

    NARCIS (Netherlands)

    N. Padfield (Nicola)

    2016-01-01

    textabstractThis article explores the legal constraints imposed on the ris- ing number of so-called ‘dangerous’ sex offenders in Eng- land and Wales, in particular once they have been released from prison into the community. The main methods of constraint are strict licence conditions, Multi-Agency

  10. Ethical and Legal Issues Regarding Selective Abortion of Fetuses with Down Syndrome.

    Science.gov (United States)

    Glover, Noreen M.; Glover, Samuel J.

    1996-01-01

    Selective abortion of fetuses with Down syndrome is discussed in terms of abortion perspectives, genetic testing, legislation, and ethical principles. The ethical principles of autonomy, beneficence, nonmaleficence, fidelity, and justice are offered as guidelines for the examination of legal standards imposed by legislation. (Author/PB)

  11. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  12. Hidden power system inflexibilities imposed by traditional unit commitment formulations

    International Nuclear Information System (INIS)

    Morales-España, Germán; Ramírez-Elizondo, Laura; Hobbs, Benjamin F.

    2017-01-01

    Highlights: • Quality and accuracy of traditional-energy- and power-based UCs are evaluated. • Real-time performance evaluation simulating “perfect” stochastic UCs. • Ideal energy-based stochastic UC formulations impose hidden system inflexibilities. • A deterministic power-based UC may outperform an ideal energy-based stochastic UC. • Power-based UC overcomes flaws of energy-based UC: lower cost and wind curtailment. - Abstract: Approximations made in traditional day-ahead unit commitment model formulations can result in suboptimal or even infeasible schedules for slow-start units and inaccurate predictions of actual costs and wind curtailment. With increasing wind penetration, these errors will become economically more significant. Here, we consider inaccuracies from three approximations: the use of hourly intervals in which energy production from each generator is modeled as being constant; the disregarding of startup and shutdown energy trajectories; and optimization based on expected wind profiles. The results of unit commitment formulations with those assumptions are compared to models that: (1) use a piecewise-linear power profiles of generation, load and wind, instead of the traditional stepwise energy profiles; (2) consider startup/shutdown trajectories; and (3) include many possible wind trajectories in a stochastic framework. The day-ahead hourly schedules of slow-start generators are then evaluated against actual wind and load profiles using a model real-time dispatch and quick-start unit commitment with a 5 min time step. We find that each simplification usually causes expected generation costs to increase by several percentage points, and results in significant understatement of expected wind curtailment and, in some cases, load interruptions. The inclusion of startup and shutdown trajectories often yielded the largest improvements in schedule performance.

  13. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

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

  14. Legal protectionism of the commercial agency in Colombia versus economic integration treaties

    Directory of Open Access Journals (Sweden)

    Isabel C. García Velasco

    2011-12-01

    Full Text Available The business world tends to establish a set of uniform norms for international trade. It works on forms of contracting that produce local and international benefits for commercialization (products, goods, and services; this has been understood by commerce and the law. Nonetheless, there are many obstacles (fiscal, taxes, legal protection of some contractual practices, and limiting clauses, among others and it is sought for these to disappear, especially those that imply exaggerated protection of national commerce. The States seek mechanisms that help them regulate their relations among the different players and treaties are the main source from which emerge mandates that affect national and world economies, facilitating the creation of companies to explore new market places. It is thus that in the trade treaties or agreements, the objective is for trade to flow freely and for the nations to benefit from commercial exchange. In the private laws of the different nations, there are legal institutions that due to their national protection hinder their application at the international level, as is the case of the commercial agency, a controversial contract since its beginnings, recognizing that it has been an alternative for doing business in Colombia. This article critically analyzes the legal framework of the contract of commercial agency versus the integrationist objectives in free trade agreement (FTA negotiations that tend to seek flexibility in this contractual form, according to the conditions imposed by the United States of modifying some contract benefits in the Colombian legislation. The aforementioned leads to ponder if with the modifications the Colombian State agreed to, within the framework of the Free Trade Agreement negotiations, the figure of this contract will continue being attractive, as a way of creating commercial representation companies in Colombia

  15. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

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

  16. Legal Pluralism as a Theoretical Programme

    Directory of Open Access Journals (Sweden)

    Emma Patrignani

    2016-09-01

    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

  17. O responsável legal é de fato o responsável? Um questionamento ético-legal sobre o termo Is the legally responsible party indeed responsible?An ethical-legal question on the term

    Directory of Open Access Journals (Sweden)

    Júlio César Fontana-Rosa

    2008-06-01

    Full Text Available Os autores discutem o significado ético e jurídico da expressão "responsável legal", questionando seus limites. Demonstram que de fato ela não atende satisfatoriamente o que se denomina responsabilidade legal, pois para tanto teria que encontrar amparo nos códigos e normas legais, o que, de fato, não acontece. Assim, a expressão representante legal pode não possibilitar ao profissional, quando de sua utilização respaldo ético e legal normativo a sua atividade profissional.The authors discuss the legal and ethical meaning of the expression "Third-Party Consent" by questioning its limits. It is indeed shown that it does not satisfactorily meet what is called third-party consent because this would require legal endorsement by legal codes and norms which, in fact does not occur. As such, the expression "third-party consent", whenever used, may not provide the professional with the normative, ethical and legal support needed for professional performance.

  18. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

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

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  1. Piercing and tattoos in adolescents: legal and medico-legal implications

    Directory of Open Access Journals (Sweden)

    Conti Adelaide

    2018-04-01

    Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

  2. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

  3. Suppressors of DnaAATP imposed overinitiation in Escherichia coli

    DEFF Research Database (Denmark)

    Charbon, Godefroid; Riber, Leise; Cohen, Malene

    2011-01-01

    Chromosome replication in Escherichia coli is limited by the supply of DnaA associated with ATP. Cells deficient in RIDA (Regulatory Inactivation of DnaA) due to a deletion of the hda gene accumulate suppressor mutations (hsm) to counteract the overinitiation caused by an elevated DnaAATP level...

  4. The common market for energy - constraints imposed by the laws of the European Communities

    International Nuclear Information System (INIS)

    Ipsen, K.

    1992-01-01

    Energy politics and environmental politics within the European Communities stand in an interdependent relationship that will increasingly manifest itself in the communal legal system, thus displacing the national legal systems of the EC member states. However, both these political fields bear numerous problems in the EC. The purpose of the paper is to delineate those concerning the sector of energy politics. It deals with the premises and the historical development of energy politics within the EC, the current energy-political position of the EC, the instruments provided by the communal laws for enforcing agreements and the ''Century Contract'' as an example showing the limits of these instruments. It appears that the ''Fourth Action Campaign for Environmental Protection'' of the EC merely addresses problematic issues instead of pointing out possible solutions. It thus becomes clear that in the near future the incorporation of ecopolitics into an EC energy policy will only make it more difficult to find a consensus. It is of existential importance that this task should be solved. (orig./HSCH) [de

  5. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  6. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  7. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

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

    2018-01-01

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

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

    Science.gov (United States)

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

  9. Formation of Smart Contracts and Liabilities Imposed on Business

    OpenAIRE

    Enas Mohammed Ali Qutieshat; Dr. Bassam Al-Tarawneh

    2018-01-01

    This paper aims to identify the practices involved in the formation of smart contracts and the limitations that are faced by the organizations through development of smart contracts in business. The Smart contract is developed based on specific criteria in the business. The smart chain in the business identify the block chains that are developed in the business to resolve different financial issues in the company. In this report, the elements of smart contracts are evaluated and analyzed alon...

  10. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  11. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  12. Radiation exposure and the woman worker: biological and legal parameters

    International Nuclear Information System (INIS)

    Carver, J.S.

    1976-01-01

    The interpretation of federal and state legislation and regulations concerning the radiation protection of women in the workplace has not been a clear and straightforward procedure. On one hand, the safety of all workers, independent of sex, imposes a specific directive for the enforcement of working standards in general. On the other hand, must allowance be made in setting radiation standards for the particular biological characteristics of workers, some of whom are women. Title VII of the Civil Rights Act provides equal employment opportunity for women and is now being enforced. All legal questions aside, men and women are decidedly different in one aspect; only women can conceive and carry a fetus and studies have shown that, in humans, the most radiosensitive stage of the fetus is during the first trimester of pregnancy. Possible legal and socio-economic aspects of questions posed by the employment of women by the nuclear industry are considered

  13. Physician Encounters with Human Trafficking: Legal Consequences and Ethical Considerations.

    Science.gov (United States)

    Todres, Jonathan

    2017-01-01

    There is growing recognition and evidence that health care professionals regularly encounter-though they may not identify-victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case scenario: criminal law, with a focus on conspiracy; service provider regulations, with a focus on mandatory reporting laws; and human rights law. In addition to imposing a legal mandate, the law can inform ethical considerations about how health care professionals should respond to human trafficking. © 2017 American Medical Association. All Rights Reserved.

  14. Os Limites ao Reconhecimento de Adolescentes e seus Contextos Jurìdicos Culturais – uma Ilustração com o Caso Brasileiro (The Limitations on the Recognition of Adolescents and their Legal Cultural Contexts - an Ilustration of the Brazilian Case

    Directory of Open Access Journals (Sweden)

    Ana Paula Motta Costa

    2016-09-01

    Full Text Available Recognizing contextualized subject is giving visibility to the status of person, the possibility of manifestation of identity. It materializes through indifference to the social differences that prevent the equal level identification. Nowadays, the struggle for justice and recognition is not an individual problem, it is important to the society as a whole. For adolescents, the limits of recognition can be seen in different dimensions, wherein the step of life with its own cultural features; the particularly difficult economic conditions; cultural legal perspective from the impossibility of intercultural dialogue; and yet, the boundaries of the state, absent in the effectiveness of rights. This reality is revealed in when observing the mortality rates of this public in recent years in Brazil. Young people between 15 and 19 years are the main victims of homicides in the country: 87.6 % of cases (data NEV -USP. These deaths occur mainly where there is an overlap gap and violation of rights. Violence is a complex process, but it is imperative to dialogue and respect the difference, which must be a starting point in relation to where you want to reach: that is to respect the others as equal, without prejudiced ideas. Reconhecer os sujeitos contextualizados é dar visibilidade à condição de pessoa, com possibilidade de manifestação da identidade. Materializa-se por meio da indiferença às diferenças sociais que impedem a identificação em patamar de igualdade. Na contemporaneidade, a luta por justiça e por reconhecimento não é um problema individual, é coletiva e importa ao conjunto da sociedade. No caso dos adolescentes, os limites de reconhecimento podem ser observados em distintas dimensões. Destaca-se: a etapa de vida com características socioculturais próprias; as condições econômicas especialmente difíceis; a perspectiva jurídico cultural, a partir da impossibilidade de diálogo intercultural; e, ainda, os limites do Estado

  15. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  16. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

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

  17. METHODOLOGICAL BASIS IMPOSING RESTRICTIONS IN LAND USE, BURDENED LAND RIGHTS DURING LAND TENURE

    Directory of Open Access Journals (Sweden)

    Dorosh J.

    2016-05-01

    of territorial restrictions in land use, formed on the principles of state security, a combination of state and local interests, to achieve a balanced ratio of economic and environmental interests of society and to ensure rational land use. Information on restrictions on land use rights and encumbrances on the land, was amended land systematized: • formation of land use and protection zones of objects and territories nature reserve fund objects Environmental Network; • definition (specification of borders of natural and agricultural zoning and parcels with especially valuable land; • definition (specification of land borders and security zones and areas of historical, cultural, health and recreational purposes; • definition (specification of land borders and security zones, objects (industry, transport, communications, defense, etc. and their protection zones; • definition (specification of limits of water protection zones and coastal strips, objects of sanitary protection; • definition (specification of limits of radioactive contaminated territories, and contaminated by heavy metals; • definition (specification limits encumbrances established easements, contracts, court order; • definition (specification limits areas formed in accordance with the previously approved land management documentation; • definition (specification boundaries of territories with special regime of land use; • definition (approval of the legal regime of land use in areas of special protection of land and formation of restrictions and encumbrances in land use.

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

    Directory of Open Access Journals (Sweden)

    Vuksanović Draginja

    2017-01-01

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

  19. Civil Rights of Foreigners in Private Legal Relations

    Directory of Open Access Journals (Sweden)

    Dukagjin Leka

    2016-03-01

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

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

    Science.gov (United States)

    Sriphiromya, Pakawadee; Theeraroungchaisri, Anuchai

    2015-02-01

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

  1. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  2. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

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

  3. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

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

  4. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

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

  5. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

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

  6. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

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

  7. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  8. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  9. Legal framework for a nuclear program

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

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

  10. Imposed work of breathing during high-frequency oscillatory ventilation : a bench study

    NARCIS (Netherlands)

    van Heerde, Marc; van Genderingen, Huib R.; Leenhoven, Tom; Roubik, Karel; Ploetz, Frans B.; Markhorst, Dick G.

    2006-01-01

    Introduction The ventilator and the endotracheal tube impose additional workload in mechanically ventilated patients breathing spontaneously. The total work of breathing (WOB) includes elastic and resistive work. In a bench test we assessed the imposed WOB using 3100 A/3100 B SensorMedics

  11. 42 CFR 422.756 - Procedures for imposing intermediate sanctions and civil money penalties.

    Science.gov (United States)

    2010-10-01

    ... instances where marketing or enrollment or both intermediate sanctions have been imposed, CMS may require an... assist CMS in making a determination as to whether the deficiencies that are the bases for the....752(c)(1), CMS will send a written notice of the Agency's decision to impose a civil money penalty to...

  12. Legal issues confronting the occupational physician.

    Science.gov (United States)

    Lewis, Kenneth S; Kleper, Ann-Louise

    2002-01-01

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

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

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

  15. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

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

  16. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

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

  17. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  18. Marijuana Legalization: Impact on Physicians and Public Health

    Science.gov (United States)

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  19. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  20. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

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

  1. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

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

  2. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

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

  3. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  4. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  5. Subcontracting in nuclear industry - legal aspects

    International Nuclear Information System (INIS)

    Leger, M.

    2012-01-01

    This article describes the legal framework of subcontracting in France. Subcontracting is considered as a normal mode of functioning for an enterprise: an enterprise contracts another enterprise to do what it can not do itself or does not want to do. According to the 1975 law, cascade subcontracting is allowed but subcontractors have to be accepted by the payer. In some cases the payer can share responsibility when the subcontracting enterprises do not comply to obligations like the payment of some taxes. The main subcontractor who is the one who contracted with the payer is the only one responsible for the right execution of the whole contract. In nuclear industry there are 2 exceptions to the freedom of subcontracting. The first one concerns radiation protection: in a nuclear facility the person in charge of radioprotection must be chosen among the staff. The second concerns the operations and activities that are considered important for radiation protection, it is forbidden to subcontract them. In some cases like maintenance in nuclear sector the law imposes some qualification certification for subcontracting enterprises. The end of the article challenges the common belief about subcontracting in nuclear industry. (A.C.)

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

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

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

  7. Piercing and Tattoos in Adolescents: Legal and Medico-legal Implications.

    Science.gov (United States)

    Conti, Adelaide; Bin, Paola; Casella, Claudia; Capasso, Emanuele; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Terracciano, Lucia; Piras, Mauro

    2018-01-01

    Non-therapeutic body modification interventions are permitted within the limits of the use of one's own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents. In Italy, several regions have therefore issued acts aimed at regulating the activities of tattoo and piercing also in reference to minors. Discussion. With regard to minors, the rules taken into account set precise limits in relation to the age criterion and subordinate the implementation of such practices to the provision of consent by legal representatives. If such practices are of an aesthetic nature, we cannot avoid considering the implications they have on health protection, and then adopt appropriate measures to protect the person who intends to undergo them, particularly in the case of minors.

  8. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

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

  9. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

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

  10. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

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

  11. Legal problems of energy supply within the European Communities

    International Nuclear Information System (INIS)

    Tettinger, P.J.

    1993-01-01

    The report contains two articles; the first one is titled: The Directives on Transit of Gas and Electricity - Considerations regarding the juridical limits of the realisation of the Internal Market in the Energy Sector. It has basic considerations regarding the competences of the EC-legal nature of primary and secondary Community law; it analyzes the network of competences, the legality of the Commission's Proposals concerning the Internal Energy Market and further on the possibilities of legal recourse for enterprises in the Federal Republic of Germany in case the proposal directives are adopted. The second article deals with legal problems of energy supply within the EC-especially under the aspect of British coal mining. It incluses considerations regarding a proposed European Energy Charter, recent developments in EC-law regarding electricity and natural gas, third country imports: dumping, and privatisation. (HSCH)

  12. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    Science.gov (United States)

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

  13. Advanced radiographic practice - the legal aspects

    International Nuclear Information System (INIS)

    Alderson, C.J.; Hogg, P.

    2003-01-01

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

  14. Liberalism, legal moralism and moral disagreement.

    Science.gov (United States)

    Kuflik, Arthur

    2005-01-01

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

  15. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

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

  16. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

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

  17. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

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

  18. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    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...

  19. Granulocytes impose a tight bottleneck upon the gut luminal pathogen population during Salmonella typhimurium colitis.

    Directory of Open Access Journals (Sweden)

    Lisa Maier

    2014-12-01

    Full Text Available Topological, chemical and immunological barriers are thought to limit infection by enteropathogenic bacteria. However, in many cases these barriers and their consequences for the infection process remain incompletely understood. Here, we employed a mouse model for Salmonella colitis and a mixed inoculum approach to identify barriers limiting the gut luminal pathogen population. Mice were infected via the oral route with wild type S. Typhimurium (S. Tm and/or mixtures of phenotypically identical but differentially tagged S. Tm strains ("WITS", wild-type isogenic tagged strains, which can be individually tracked by quantitative real-time PCR. WITS dilution experiments identified a substantial loss in tag/genetic diversity within the gut luminal S. Tm population by days 2-4 post infection. The diversity-loss was not attributable to overgrowth by S. Tm mutants, but required inflammation, Gr-1+ cells (mainly neutrophilic granulocytes and most likely NADPH-oxidase-mediated defense, but not iNOS. Mathematical modelling indicated that inflammation inflicts a bottleneck transiently restricting the gut luminal S. Tm population to approximately 6000 cells and plating experiments verified a transient, inflammation- and Gr-1+ cell-dependent dip in the gut luminal S. Tm population at day 2 post infection. We conclude that granulocytes, an important clinical hallmark of S. Tm-induced inflammation, impose a drastic bottleneck upon the pathogen population. This extends the current view of inflammation-fuelled gut-luminal Salmonella growth by establishing the host response in the intestinal lumen as a double-edged sword, fostering and diminishing colonization in a dynamic equilibrium. Our work identifies a potent immune defense against gut infection and reveals a potential Achilles' heel of the infection process which might be targeted for therapy.

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

    Science.gov (United States)

    Juda, Z.

    2016-09-01

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

  1. Criminal and legal responsibilities in Tourette's syndrome.

    Science.gov (United States)

    Gullucayir, Sibel; Asirdizer, Mahmut; Yavuz, M Sunay; Zeyfeoglu, Yildiray; Ulucay, Tarik

    2009-01-01

    Tourette's Syndrome (TS) is a neuropsychological disorder characterized by the presence of multiple involuntary motor tics accompanied by one or more vocal tics. Articles about TS and criminal responsibility and the restriction of civil rights are limited. A person with TS was evaluated to consider his criminal responsibility after swearing at a referee during a football game. He was also evaluated as to whether or not he was capable of professionally driving a service bus. Additionally, medico-legal situations regarding military service, obtaining a shotgun license and marriages of patients with TS were considered.

  2. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

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

  5. The legal duty of local government to facilitate development

    Directory of Open Access Journals (Sweden)

    Theo Scheepers

    1999-03-01

    Full Text Available Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.

  6. Limits and signatures of relativistic spaceflight

    Science.gov (United States)

    Yurtsever, Ulvi; Wilkinson, Steven

    2018-01-01

    While special relativity imposes an absolute speed limit at the speed of light, our Universe is not empty Minkowski spacetime. The constituents that fill the interstellar/intergalactic vacuum, including the cosmic microwave background photons, impose a lower speed limit on any object travelling at relativistic velocities. Scattering of cosmic microwave photons from an ultra-relativistic object may create radiation with a characteristic signature allowing the detection of such objects at large distances.

  7. Legal Limitations Regarding Experimentation in the New Animals Act

    Directory of Open Access Journals (Sweden)

    Vera Lucia da Silva

    2016-10-01

    Full Text Available This article introduces the Animal Act provisions about animal testing. At first, it was proposed a bioethical and biolaw theoretical approach. Following, it was mentioned the Arouca Law, current norm that rules the Article 225 on the Federal Constitution, and authorizes experiments on animals. Then was introduced some elements of the Bills in proceeding at the Senate aimed at changing the Arouca Law. The point is to present an interpretation that focus on a wider view of the Animal Act protective aspect, especially concerning animal testing.

  8. Overcoming Information Operations Legal Limitations in Support of Domestic Operations

    Science.gov (United States)

    2008-12-12

    Katrina Update Brief, 24 2200Z SEP 05. US Army Corps of Engineers (USACE). USACE Operations Center ( UOC ) Update Brief, 23 0900 September 2005...USA CGSC, July,2006. US Army Corps of Engineers (USACE). USACE Operations Center ( UOC ) Update Brief, 23 0900 September 2005. USCENTCOM J3

  9. Legal Limitations Regarding Experimentation in the New Animals Act

    OpenAIRE

    Silva, Vera Lucia da; Branco, Marcelo Saccardo

    2016-01-01

    This article introduces the Animal Act provisions about animal testing. At first, it was proposed a bioethical and biolaw theoretical approach. Following, it was mentioned the Arouca Law, current norm that rules the Article 225 on the Federal Constitution, and authorizes experiments on animals. Then was introduced some elements of the Bills in proceeding at the Senate aimed at changing the Arouca Law. The point is to present an interpretation that focus on a wider view of the Animal Act prote...

  10. Predictive profiling and its legal limits : Effectiveness gone forever

    NARCIS (Netherlands)

    Lammerant, Hans; de Hert, Paul; van der Sloot, B.; Broeders, D.; Schrijvers, E.

    2016-01-01

    We examine predictive group profiling in the Big Data context as an instrument of governmental control and regulation. We first define profiling by drawing some useful distinctions (section 6.1). We then discuss examples of predictive group profiling from policing (such as parole prediction methods

  11. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

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

  12. Residual strength and crack propagation tests on C-130 airplane center wings with service-imposed fatigue damage

    Science.gov (United States)

    Snider, H. L.; Reeder, F. L.; Dirkin, W. J.

    1972-01-01

    Fourteen C-130 airplane center wings, each containing service-imposed fatigue damage resulting from 4000 to 13,000 accumulated flight hours, were tested to determine their fatigue crack propagation and static residual strength characteristics. Eight wings were subjected to a two-step constant amplitude fatigue test prior to static testing. Cracks up to 30 inches long were generated in these tests. Residual static strengths of these wings ranged from 56 to 87 percent of limit load. The remaining six wings containing cracks up to 4 inches long were statically tested as received from field service. Residual static strengths of these wings ranged from 98 to 117 percent of limit load. Damage-tolerant structural design features such as fastener holes, stringers, doublers around door cutouts, and spanwise panel splices proved to be effective in retarding crack propagation.

  13. Legal Knowledge as a Tool for Social Change

    Science.gov (United States)

    González Vélez, Ana Cristina; Jaramillo, Isabel Cristina

    2017-01-01

    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

  14. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  15. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

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

  16. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

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

  17. Possible Weakening Processes Imposed on California's Earthen Levees under Protracted Drought

    Science.gov (United States)

    Robinson, J. D.; Vahedifard, F.; AghaKouchak, A.

    2015-12-01

    California is currently suffering from a multiyear extreme drought and the impacts of the drought are anticipated to worsen in a warming climate. The resilience of critical infrastructure under extreme drought conditions is a major concern which has not been well understood. Thus, there is a crucial need to improve our understanding about the potential threats of drought on infrastructure and take subsequent actions in a timely manner to mitigate these threats and adopt our infrastructure for forthcoming extreme events. The need is more pronounced for earthen levees, since their functionality to protect limited water resources and dryland is more critical during drought. A significant amount of California's levee systems are currently operating under a high risk condition. Protracted drought can further threaten the structural competency of these already at-risk levee systems through several thermo-hydro mechanical weakening processes that undermine their stability. Viable information on the implications of these weakening processes, particularly on California's earthen levees, is relatively incomplete. This article discusses, from a geotechnical engineering perspective, how California's protracted drought might threaten the integrity of levee systems through the imposition of several thermo-hydro mechanical weakening processes. Pertinent facts and statistics regarding the drought in California are presented and discussed. Catastrophic levee failures and major damages resulting from drought-induce weakening processes such as shear strength reduction, desiccation cracking, land subsidence and surface erosion, fissuring and soil softening, and soil carbon oxidation are discussed to illustrate the devastating impacts that the California drought might impose on existing earthen levees. This article calls for further research in light of these potential drought-inducing weakening mechanisms to support mitigation strategies for reducing future catastrophic levee failures.

  18. Crop yield response to water stress imposed at different growth stages

    International Nuclear Information System (INIS)

    Iqbal, M.; Mahmood Shah, M.; Wisal, M.

    1995-01-01

    Potato requires sufficient soil moisture and fertilization to produce high yields but the present water resoures are limited compared to the cultivable land, field experiments were conduced from 1991 to 1995 to study relationship between yield and crop water use as a function of water stress imposed at different growth stages. The irrigation treatments involved application of full and stress watering s selectively at four growth stages : Establishment , Flowering Tuber formation and ripening. In full watering, full water requirements of the crop were met, i.e., ET sub a = ET sub m whereas in stress watering about half the amount of full watering was applied, i.e., ET sub a < ET sub m. Changes in moisture content of the soil pre files after irrigation were monitored with the help of neutron moisture probe in order to compute ET sub a by the water balance method. The results obtained showed that the tuber yield was produced by full watering ( T 1) and the lowest by continuous stress watering (T 2). A plot of relative yield against relative evapotranspiration deficit revealed that ripening was the lest sensitive whereas early development followed by flowering the most sensitive growth stage to water stress. The crop water use efficiencies were generally higher in the treatments where a combination of normal and stress watering was applied compared to where all - normal watering s were applied. The traditional irrigation practice resulted in wasteful water application with relatively lower yields, hence the results from this project will have high value for the farming community to get this higher yields with scarce water resources. The studies with labelled fertilizer showed that planting and earthing - up were equally important growth stages of potato for applying fertilizer for its efficient utilization. 3 figs; 25 tabs; 12 refs (Author)

  19. Hadron collider luminosity limitations

    CERN Document Server

    Evans, Lyndon R

    1992-01-01

    The three colliders operated to date have taught us a great deal about the behaviour of both bunched and debunched beams in storage rings. The main luminosity limitations are now well enough understood that most of them can be stronglu attenuated or eliminated by approriate design precautions. Experience with the beam-beam interaction in both the SPS and the Tevatron allow us to predict the performance of the new generation of colliders with some degree of confidence. One of the main challenges that the accelerator physicist faces is the problem of the dynamic aperture limitations due to the lower field quality expected, imposed by economic and other constraints.

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

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

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

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

    African Journals Online (AJOL)

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

  2. NOx Emission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

    Directory of Open Access Journals (Sweden)

    Chris P.A. Dekkers

    2001-01-01

    Full Text Available Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOX and other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOX and other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOX emission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

  3. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  4. TITAN Legal Weight Truck cask preliminary design report

    International Nuclear Information System (INIS)

    1990-04-01

    The Preliminary Design of the TITAN Legal Weight Truck (LWT) Cask System and Ancillary Equipment is presented in this document. The scope of the document includes the LWT cask with fuel baskets; impact limiters, and lifting and tiedown features; the cask support system for transportation; intermodal transfer skid; personnel barrier; and cask lifting yoke assembly. 75 figs., 48 tabs

  5. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

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

  6. Legal responses to HIV and AIDS: lessons from Swaziland

    African Journals Online (AJOL)

    African Journal of AIDS Research is co-published by NISC (Pty) Ltd and Informa UK Limited (trading as Taylor & Francis Group). African Journal of AIDS Research .... and to mitigating the social and economic impact of the pandemic. Legal responses to ..... Constitutionalism in Southern Africa: Old Wine in. New Bottles?

  7. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

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

  8. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

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

  9. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

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

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

  10. Towards a Legal Recommender System

    NARCIS (Netherlands)

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

    2014-01-01

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

  11. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

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

  12. Legal Handbook on School Athletics.

    Science.gov (United States)

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

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

  13. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

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

    1991-01-01

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

  14. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

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

  15. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

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

  16. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

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

  17. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

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

  18. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

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

  19. Tributes imposed on tourists as a new-old source of local governments income

    Directory of Open Access Journals (Sweden)

    Marcin BURZEC

    2014-12-01

    Full Text Available The growth in a number of tourists and, consequently, a larger income obtained from tourism by the state led to the situation when the previously marginalized tributes imposed on tourists by local governments have assumed greater significance. Additional revenues to local units’ budgets, gained from the above-mentioned tributes, are often allotted for better infrastructure and tourist promotion, thereby contributing to the increased tourist competitiveness. The present paper discusses the construction of levies imposed on tourists by local governments in various European states. Besides, the issues of how local governments can influence the construction of the tax within the frames of the granted tax autonomy are examined. Due to the fact that in many European countries burdens imposed on tourists by local units can be called taxes, fees or other levies, the term „tribute”, as a broader one including all statutory charges, is intentionally used in the present paper.

  20. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  1. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

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

  2. Microscopic Symmetry Imposed by Rotational Symmetry Boundary Conditions in Molecular Dynamics Simulation

    Science.gov (United States)

    Roy, Amitava; Post, Carol Beth

    2011-01-01

    A large number of viral capsids, as well as other macromolecular assemblies, have icosahedral structure or structures with other rotational symmetries. This symmetry can be exploited during molecular dynamics (MD) to model in effect the full viral capsid using only a subset of primary atoms plus copies of image atoms generated from rotational symmetry boundary conditions (RSBC). A pure rotational symmetry operation results in both primary and image atoms at short range, and within nonbonded interaction distance of each other, so that nonbonded interactions can not be specified by the minimum image convention and explicit treatment of image atoms is required. As such an unavoidable consequence of RSBC is that the enumeration of nonbonded interactions in regions surrounding certain rotational axes must include both a primary atom and its copied image atom, thereby imposing microscopic symmetry for some forces. We examined the possibility of artifacts arising from this imposed microscopic symmetry of RSBC using two simulation systems: a water shell and human rhinovirus 14 (HRV14) capsid with explicit water. The primary unit was a pentamer of the icosahedron, which has the advantage of direct comparison of icosahedrally equivalent spatial regions, for example regions near a 2-fold symmetry axis with imposed symmetry and a 2-fold axis without imposed symmetry. Analysis of structural and dynamic properties of water molecules and protein atoms found similar behavior near symmetry axes with imposed symmetry and where the minimum image convention fails compared with that in other regions in the simulation system, even though an excluded volume effect was detected for water molecules near the axes with imposed symmetry. These results validate the use of RSBC for icosahedral viral capsids or other rotationally symmetric systems. PMID:22096451

  3. The role of advocacy in occasioning community and organizational change in a medical-legal partnership.

    Science.gov (United States)

    Anderson-Carpenter, Kaston D; Collie-Akers, Vicki; Colvin, Jeffrey D; Cronin, Katie

    2013-01-01

    Health disparities among low-income individuals remain a significant problem. A number of social determinants are associated with adverse health outcomes. Medical-legal partnerships address legal concerns of low-income individuals to improve health and wellness in adults and children. The Medical-Legal Partnership at Legal Aid of Western Missouri provides free direct legal services for patients with legal concerns affecting health. There is limited evidence regarding the association between advocacy-related efforts and changes within both the medical-legal partnership structure and in health-care facilities. Three health-care organizations in Kansas City, MO participated in implementing the medical-legal partnership model between 2007 and 2010. Advocacy efforts conducted by key medical-legal partnership personnel were strongly associated with changes in health-care organizations and within the medical-legal partnership structure. This study extends the current evidence base by examining the types of advocacy efforts required to bring about community and organizational changes.

  4. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada

    Science.gov (United States)

    Lake, Stephanie; Kerr, Thomas

    2017-01-01

    A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization – adolescent usage and impaired driving – and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization – specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use – that have to date not received adequate attention. PMID:28812816

  5. A legal primer for the obesity prevention movement.

    Science.gov (United States)

    Mermin, Seth E; Graff, Samantha K

    2009-10-01

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

  6. DOING BUSINESS IN ROMANIA - PART I: PERSPECTIVES ON THE TYPES OF DOING BUSINESS. TYPES OF INDIVIDUAL AND COMPANY ENTITIES WITHOUT LEGAL PERSONALITY. TYPES OF ENTITIES WITH LEGAL PERSONALITY

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-12-01

    Full Text Available The analysis in the present study integrates the types of trading entities in order to clearly determine them. A first reference theme when setting-up a business is that of the legal personality it would take. The new Civil Code, acting as common law in the field of trading entities, determines the realignment and balancing of the regulations on types of business. Company Law 31 of 1990 preserves the types of trading entities with legal personality regulated here: general partnership, limited partnership, limited partnership by shares, limited liability company, joint-stock company. The simple partnership which can gain legal personality is widely regulated, and for the partnership are mainly preserved the landmarks drawn by the Commercial Code of 1886 that is presently repealed. In conclusion, the present study analyses and answers the question – who are the legal trading entities and what are the regulated types of business.

  7. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

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

    2016-01-01

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

  8. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

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

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

    Science.gov (United States)

    Goodman, Benny

    2003-01-01

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

  10. Special economic zones as an instrument to enhance international cooperation in the economic conditions imposed sanctions

    OpenAIRE

    BURTSEVA TATIANA; SHUGAR VALERIYA

    2015-01-01

    The article considers the role of special economic zones in the conditions imposed sanctions. We analyzed the number of residents, including foreign ones, as well as the amount of their investment. We studied the special economic zones of tourist-type as a tool to enhance the attractiveness of the country and the region in particular.

  11. CJEU rules on use of standards in imposing information duties on life insurance companies

    NARCIS (Netherlands)

    Mańko, R.

    2015-01-01

    The EU Directive applicable to life insurance sets out what kind of information insurance companies must give to policyholders. It also allows Member States to impose broader information duties, provided that the information is necessary for the policyholder to understand the contract. In its ruling

  12. ENTRAINMENT OF THE BREATHING RHYTHM OF THE CARP BY IMPOSED OSCILLATION OF THE GILL ARCHES

    NARCIS (Netherlands)

    DEGRAAF, PJF; ROBERTS, BL

    Artificial oscillation imposed onto the gill arches could modify the respiratory rhythm in the carp Cyprinus carpio. The degree of modification depended upon the frequency and amplitude of the applied movement. Oscillation at frequencies close to the spontaneous respiratory rhythm and at amplitudes

  13. 76 FR 74690 - Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia

    Science.gov (United States)

    2011-12-01

    ... with Bolivia on December 4, 2001, concerning the imposition of import restrictions on certain... CFR Part 12 [CBP Dec. 11-24] RIN 1515-AD83 Extension of Import Restrictions Imposed on Archaeological and Ethnological Material From Bolivia AGENCY: U.S. Customs and Border Protection; Department of...

  14. Identification during imposed change: the roles of personal values, type of change, and anxiety.

    Science.gov (United States)

    Sverdlik, Noga; Oreg, Shaul

    2015-06-01

    Using a person-situation perspective, we explain what happens to individuals' identification with a collective in the context of a change. We propose that given the anxiety that often emerges during change, individuals' personal values (conservation and openness to change) interact with type of change (imposed vs. voluntary) in predicting identification following change. In a pilot, longitudinal field study (N = 61, 67% female) of an imposed university campus relocation, we measured employees' values and identification with the university before and several months after the relocation. In two lab experiments (Study 1: N = 104, 91.3% female; Study 2: N = 113, 75.2% female), we manipulated a change to be either imposed or voluntary and compared the relationships between values and identification across types of change. In Study 2, we also measured anxiety from the change. When change was imposed (all three studies), but not when voluntary (Studies 1 and 2), individuals' conservation was positively, and openness negatively, related to individuals' post-change identification. The effects emerged only for individuals who experienced change-related anxiety (Study 2). Our findings demonstrate that individuals' identification with a changing collective depends on the amount of anxiety change elicits and on the particular combination of their values and type of change. © 2014 Wiley Periodicals, Inc.

  15. 13 CFR 127.700 - What penalties may be imposed under this part?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false What penalties may be imposed under this part? 127.700 Section 127.700 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT ASSISTANCE PROCEDURES Penalties § 127.700 What penalties may...

  16. Are the force characteristics of synchronous handcycling affected by speed and the method to impose power?

    NARCIS (Netherlands)

    Arnet, U.; van Drongelen, S.V.; van der Woude, L.H.V.; Veeger, H.E.J.

    2012-01-01

    Objective: To investigate the influence of exercise conditions (speed and method to impose power) on the applied force, force effectiveness and distribution of work during handcycling. Method: Ten able-bodied men performed handcycling on a treadmill. To test the effect of speed, subjects propelled

  17. Are the force characteristics of synchronous handcycling affected by speed and the method to impose power?

    NARCIS (Netherlands)

    Arnet, Ursina; van Drongelen, Stefan; Veeger, DirkJan H. E. J.; van der Woude, Lucas H. V.

    Objective: To investigate the influence of exercise conditions (speed and method to impose power) on the applied force, force effectiveness and distribution of work during handcycling. Method: Ten able-bodied men performed handcycling on a treadmill. To test the effect of speed, subjects propelled

  18. Adolescent Drug Use and the Deterrent Effect of School-Imposed Penalties

    Science.gov (United States)

    Waddell, G. R.

    2012-01-01

    Estimates of the effect of school-imposed penalties for drug use on a student's consumption of marijuana are biased if both are determined by unobservable school or individual attributes. Reverse causality is also a potential challenge to retrieving estimates of the causal relationship, as the severity of school sanctions may simply reflect the…

  19. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

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

  20. Teaching legal english as a second language

    OpenAIRE

    Elena Codruta BADEA

    2012-01-01

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

  1. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

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

  2. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

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

  3. Judicial judgement-making and legal criteria of testimonial credibility

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

    Full Text Available Judicial judgement-making in legal and forensic settings is characterised by the information loss model. In comparison to formal reasoning styles, in which information is processed in detail, judicial reasoning styles are mainly informal. Moreover, the experimental literature regarding judges and juries has revealed that reliability is the corner stone of legal judgement-making in legal contexts. This study aims to assess the underlying legal criteria assigned to the credibility of testimonies by judges by evaluating the court archives of judicial judgements in which the verdict rested entirely on the credibility of testimonies. Moreover, given the prevalence of informal reasoning in this context, an analysis was undertaken to determine the use of heuristics which are indicative of informal reasoning. In addition, an analysis of the interaction of both variables and their effect on joint decision-making by legal experts and lay people was assessed. Finally, bearing in mind the limitations of this study, the results are discussed in terms of their implications in the evaluation of testimonial credibility in judicial proceedings.

  4. Legal advocacy as a tool to advance Roma Health.

    Science.gov (United States)

    Ezer, Tamar; Abdikeeva, Alphia; McKee, Martin

    2018-01-01

    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.

  5. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

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

  6. Drug product selection: legal issues.

    Science.gov (United States)

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

    2001-01-01

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

  7. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

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

  8. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

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

  9. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  10. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

  11. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

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

  12. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  13. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  14. 36 CFR 1275.14 - Legal custody.

    Science.gov (United States)

    2010-07-01

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

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

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

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

  16. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

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

  17. Same-Sex Couples: Legal Complexities

    Science.gov (United States)

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

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

  18. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

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

  19. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  20. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

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

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

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

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

  2. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

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

  3. 33 CFR 327.6 - Legal adviser.

    Science.gov (United States)

    2010-07-01

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

  4. 33 CFR 326.5 - Legal action.

    Science.gov (United States)

    2010-07-01

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

  5. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    2010-04-01

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

  7. Analysis of federally imposed penalties for violations of the Consolidated Omnibus Reconciliation Act.

    Science.gov (United States)

    Levine, R J; Guisto, J A; Meislin, H W; Spaite, D W

    1996-07-01

    To identify the incidence of federally imposed penalties for violations of the Consolidated Omnibus Reconciliation Act (COBRA). Under the Freedom of Information Act, we retrieved a copy of any document related to fines imposed on, settlements made by, or litigation against physicians or hospitals as a result of COBRA violations from the Office of the Inspector General. Under a separate inquiry, also under the Freedom of Information Act, we requested and received from the central office of the Health Care Financing Administration the National Composite Log showing the status of all complaint investigations pursuant to COBRA since the inception of the law. One thousand seven hundred fifty-seven complaint investigations were authorized. Of the 1,729 investigations completed, 412 (24%) were found to be out of compliance with federal regulations. Of these, 27 cases resulted in fines imposed on hospitals. These fines ranged from $1,500 to $150,000 with a mean of $33,917, a median of $25,000, and standard deviation of $35,899. The six fines that were imposed against physicians ranged in value from $2,500 to $20,000 with a mean of $8,500, a median of $7,500, and an SD of $8,612. Seven hospitals but no physicians were terminated from the Medicare program for COBRA violations. The incidence of federally imposed penalties for COBRA violations is low given the multitude of patient transfers that have occurred since the enactment of COBRA. The growing concern regarding this issue may be related to current litigation efforts to broaden the scope and applications of these laws.

  8. Legal foundations of adaptive licensing.

    Science.gov (United States)

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

    2013-09-01

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

  9. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

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

  10. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

  11. Debate on the legalization of abortion in Zimbabwe.

    Science.gov (United States)

    1994-01-01

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

  12. LEGAL

    African Journals Online (AJOL)

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

  13. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    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.

  14. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

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

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

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

  16. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  17. Secular States, Muslim Law and Islamic Religious Culture: Gender Implications of Legal Struggles in Hybrid Legal Systems in Contemporary West Africa Les États laïques, le droit musulman et la pratique culturelle dite islamique : Implications pour les femmes des luttes juridiques dans les systèmes juridiques hybrides de l’Afrique de l’Ouest contemporaine

    Directory of Open Access Journals (Sweden)

    Barbara M. Cooper

    2010-07-01

    Full Text Available This article sets out the differing approaches of three West African states (Niger, Senegal, and Nigeria towards reconciling the multiple legal systems (Islamic, western, military they have inherited as ostensibly secular states in regions with prominent Muslim populations. While Senegal has adopted a Family Code that appears to modify and regulate some of the perceived injustices of Islamic law in family life, a number of states within Nigeria have gone in the opposite direction, expanding Islamic law beyond family law into the criminal domain. In Niger, on the other hand, multiple systems of law co-exist uneasily, without any effective hierarchy or definitive conclusion to legal disputes carried into different legal domains. In all three cases the state does not have the capacity to effectively enforce a single coherent legal system, nor does it succeed in controlling the «justice» that so commonly occurs in extra-legal settings. Throughout West Africa legal reform must contend with the dual problems of weak state capacity to impose a unified legal system and of the vigilantism of pressure groups that may have limited mastery of the Islamic juridical tradition in an atmosphere that is nevertheless heavy with the rhetoric of a return to Islamic purity.Cet article expose les différentes approches de trois États ouest-africains que sont le Niger, le Sénégal et le Nigeria en vue de concilier les divers systèmes juridiques (islamique, occidental, militaire dont ils ont hérité en tant qu’États ostensiblement laïques dans des régions majoritairement musulmanes. Si le Sénégal a adopté un Code de la famille qui paraît modifier et réglementer les dites injustices du droit musulman dans la vie de famille, un certain nombre d'États du Nigéria sont allés en sens inverse, en élargissant le droit islamique au-delà du droit de la famille en l’étendant au domaine pénal. Au Niger, d’autre part, plusieurs systèmes de droit

  18. The cost of self-imposed regulatory burden in animal research.

    Science.gov (United States)

    Thulin, Joseph D; Bradfield, John F; Bergdall, Valerie K; Conour, Laura A; Grady, Andrew W; Hickman, Debra L; Norton, John N; Wallace, Jeanne M

    2014-08-01

    U.S. federal regulations and standards governing the care and use of research animals enacted in the mid- to late 1980s, while having positive effects on the welfare and quality of the animals, have resulted in dramatic increases in overall research costs. In addition to the expenses of housing and caring for animals according to the standards, establishing the requisite internal compliance bureaucracies has markedly driven up costs, in both institutional monetary expenditures and lost research effort. However, many institutions are increasing these costs even further through additional self-imposed regulatory burden, typically characterized by overly complex compliance organizations and unnecessary policies and procedures. We discuss the sources of this self-imposed burden and recommend strategies for avoiding it while preserving an appropriate focus on animal well-being and research success. © FASEB.

  19. Endotracheal tubes and imposed work of breathing: what should we do about it, if anything?

    Science.gov (United States)

    Branson, Richard D

    2003-01-01

    Concerns about the work of breathing imposed by the endotracheal tube have led clinicians to routinely use pressure support to overcome this resistive component. More recently, ventilator manufacturers have introduced systems to automatically overcome endotracheal tube resistance, regardless of tube diameter or patient demand for flow. Despite the theoretical advantages, neither method appears to provide superior performance. Stepping back, the real question may be, is overcoming endotracheal tube resistance really important? PMID:12974965

  20. Minimax passband group delay nonlinear FIR filter design without imposing desired phase response

    OpenAIRE

    Ho, Charlotte Yuk-Fan; Ling, Wing-Kuen; Dam, Hai Huyen; Yeo, Kok-Lay

    2011-01-01

    In this paper, a nonlinear phase finite impulse response (FIR) filter is designed without imposing a desired phase response. The maximum passband group delay of the filter is minimized subject to a positivity constraint on the passband group delay response of the filter as well as a specification on the maximum absolute difference between the desired magnitude square response and the designed magnitude square response over both the passband and the stopband. This filter design problem is a no...

  1. Investigating correlation between legal and physical property: possibilities and constraints

    Science.gov (United States)

    Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

    2015-06-01

    Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

  2. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

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

  3. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

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

  4. Imposed Work of Breathing and Breathing Comfort of Nonintubated Volunteers Breathing with Three Portable Ventilators and a Critical Care Ventilator

    National Research Council Canada - National Science Library

    Austin, Paul

    2001-01-01

    .... The purpose of this study was to assess the imposed inspiratory work of breathing and breathing comfort of nonintubated healthy volunteers breathing spontaneously through three portable ventilators...

  5. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

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

  6. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

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

  7. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

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

  8. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

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

  9. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

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

  10. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

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

  11. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

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

    1988-01-01

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

  12. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

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

  13. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

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

  14. Flexibly imposing periodicity in kernel independent FMM: A multipole-to-local operator approach

    Science.gov (United States)

    Yan, Wen; Shelley, Michael

    2018-02-01

    An important but missing component in the application of the kernel independent fast multipole method (KIFMM) is the capability for flexibly and efficiently imposing singly, doubly, and triply periodic boundary conditions. In most popular packages such periodicities are imposed with the hierarchical repetition of periodic boxes, which may give an incorrect answer due to the conditional convergence of some kernel sums. Here we present an efficient method to properly impose periodic boundary conditions using a near-far splitting scheme. The near-field contribution is directly calculated with the KIFMM method, while the far-field contribution is calculated with a multipole-to-local (M2L) operator which is independent of the source and target point distribution. The M2L operator is constructed with the far-field portion of the kernel function to generate the far-field contribution with the downward equivalent source points in KIFMM. This method guarantees the sum of the near-field & far-field converge pointwise to results satisfying periodicity and compatibility conditions. The computational cost of the far-field calculation observes the same O (N) complexity as FMM and is designed to be small by reusing the data computed by KIFMM for the near-field. The far-field calculations require no additional control parameters, and observes the same theoretical error bound as KIFMM. We present accuracy and timing test results for the Laplace kernel in singly periodic domains and the Stokes velocity kernel in doubly and triply periodic domains.

  15. Age and sex differences in steadiness of elbow flexor muscles with imposed cognitive demand

    Science.gov (United States)

    Pereira, Hugo M.; Spears, Vincent C.; Schlinder-Delap, Bonnie; Yoon, Tejin; Nielson, Kristy A.; Hunter, Sandra K.

    2015-01-01

    Purpose These studies determined (1) age and sex-related differences in steadiness of isometric contractions when high cognitive demand was imposed across a range of forces with the elbow flexor muscles (study 1) and, (2) sex differences in steadiness among older adults when low cognitive demand was imposed (study 2). Methods 36 young adults (18–25 years; 18 women) and 30 older adults (60–82 years; 17 women) performed isometric contractions at 5%, 30% and 40% of maximum voluntary contraction (MVC). Study 1 involved a high-cognitive demand session (serial subtractions by 13 during the contraction) and a control session (no mental math). Study 2 (older adults only) involved a low-cognitive demand session (subtracting by 1s). Results Older individuals exhibited greater increases in force fluctuations (coefficient of variation of force, CV) with high cognitive demand than young adults, with the largest age difference at 5% MVC (P = 0.01). Older adults had greater agonist EMG activity with high-cognitive demand and women had greater coactivation than men (Pdemand for the older women but not for the older men (P = 0.03). Conclusion Older adults had reduced steadiness and increased muscle activation when high cognitive demand was imposed while low cognitive demand induced increased force fluctuations in older women but not older men. These findings have implications for daily and work-related tasks that involve cognitive demand performed simultaneously during submaximal isometric contractions in an aging workforce. PMID:25633070

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

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

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

  17. Setting Win Limits: An Alternative Approach to "Responsible Gambling"?

    Science.gov (United States)

    Walker, Douglas M; Litvin, Stephen W; Sobel, Russell S; St-Pierre, Renée A

    2015-09-01

    Social scientists, governments, and the casino industry have all emphasized the need for casino patrons to "gamble responsibly." Strategies for responsible gambling include self-imposed time limits and loss limits on gambling. Such strategies help prevent people from losing more than they can afford and may help prevent excessive gambling behavior. Yet, loss limits also make it more likely that casino patrons leave when they are losing. Oddly, the literature makes no mention of "win limits" as a potential approach to responsible gambling. A win limit would be similar to a loss limit, except the gambler would leave the casino upon reaching a pre-set level of winnings. We anticipate that a self-imposed win limit will reduce the gambler's average loss and, by default, also reduce the casino's profit. We test the effect of a self-imposed win limit by running slot machine simulations in which the treatment group of players has self-imposed and self-enforced win and loss limits, while the control group has a self-imposed loss limit or no limit. We find that the results conform to our expectations: the win limit results in improved player performance and reduced casino profits. Additional research is needed, however, to determine whether win limits could be a useful component of a responsible gambling strategy.

  18. Legal issues with wind farm stakeholders

    International Nuclear Information System (INIS)

    Atcheson, A.

    2006-01-01

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

  19. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

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

  20. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  1. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

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

  2. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

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

  3. Minors and Sexting: Legal Implications.

    Science.gov (United States)

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

    2016-03-01

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

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

    Science.gov (United States)

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

    2015-10-01

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

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

    Directory of Open Access Journals (Sweden)

    Yeni Salma Barlinti

    2011-01-01

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

  6. Examining the ethico-legal aspects of the right to refuse treatment in Turkey.

    Science.gov (United States)

    Sert, Gurkan; Guven, Tolga

    2013-10-01

    This paper examines the ethico-legal problems regarding the right to refuse treatment in Turkey's healthcare system. We discuss these problems in the light of a recent case that was directly reported to us. We first summarise the experience of a chronically dependent patient (as recounted by her daughter) and her family during their efforts to refuse treatment and receive palliative care only. This is followed by a summary of the legal framework governing the limits of the right to refuse treatment in Turkey. With the help of this background information on the legal framework, we re-examine the ethico-legal aspects of the case and explain the underlying reasons for the problems the family and the patient experienced. Finally, we conclude that Turkey's legal framework relating to the right to refuse treatment needs to be clarified and amended in accordance with international conventions and fundamental human rights.

  7. Legal issues associated with preparing for a nuclear energy programme

    International Nuclear Information System (INIS)

    Pelzer, N.

    2009-01-01

    Developing and implementing a national programme for the civilian use of nuclear energy means embarking on the use of a Janus-faced form of energy. We all know that nuclear energy implies both extraordinary benefits and extraordinary risks. This fact requires a legal framework appropriate to cope with both elements of nuclear power. Legislators and State authorities have to establish a sound balance between risks and benefits. That is not at all an easy task. While excluding or limiting risks requires severe legal control mechanisms, the benefits can only fully be enjoyed if the legal framework ensures freedom of research and of economic and industrial development including the guarantee of property ownership and of investments. Combining both opposite poles seems like trying to square the circle. In case of a conflict between promotion and protection, there is no doubt that the protection against nuclear risks has to prevail. Therefore this aspect of nuclear law will be mainly dealt with in this presentation. Establishing a legal framework to tame the hazards of nuclear energy is a much more challenging task for law-makers than providing a legal basis for promoting the use of nuclear energy. With regard to the promotion of nuclear energy, States enjoy a broad range of discretion and may use a great number of legal and non-legal instruments to support the development of a nuclear programme. From a legal point of view, promoting nuclear energy does not require a specific regime. However, it does require a specific regime to control the risks of nuclear energy. States preparing for a nuclear energy programme have to be aware that the use of nuclear energy is not an exclusively national matter. In particular the risk associated with nuclear energy extends beyond national borders. Using the benefits also needs international cooperation in many fields including, e.g., research or fuel supply. Today a network of multilateral and bilateral international treaties exists

  8. Technology Transfer in Digital Era: Legal Environment

    Directory of Open Access Journals (Sweden)

    Ivan Anatol’yevich Bliznets

    2018-03-01

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

  9. [Competition and the legal ramifications of physician advertising].

    Science.gov (United States)

    Koch, Bertram F

    2009-01-01

    Various healthcare reforms have spurred the idea of competition among physicians. As physicians compete for a limited pool of patients advertising has become commonplace. No longer considered an unethical practice, the legal aspects of physician advertising have transformed over the years. The present article describes current laws and statutes regulating physician advertising in Germany. Especially any advertisement likely to mislead or deceive because of a failure to disclose material facts is prohibited. Important cases of German jurisdiction concerning physician advertising are given.

  10. Marijuana Legalization: Impact on Physicians and Public Health

    OpenAIRE

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2015-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical ev...

  11. TITAN Legal Weight Truck cask preliminary design report

    International Nuclear Information System (INIS)

    1990-04-01

    The Preliminary Design of the TITAN Legal Weight Truck (LWT) Cask System and Ancillary Equipment is presented in this document. The scope of this document includes the LWT cask with fuel baskets, impact limiters, and lifting and tiedown features; the cask support system for transportation; intermodal transfer skid; personnel barrier; and cask lifting yoke assembly. The results of the tradeoff studies and evaluations that were performed during the preliminary design are presented in Appendix A to this report. 51 figs., 17 tabs

  12. Financial and Legal Characteristics of Cross-Jurisdictional Shared Service Agreements Between Local Public Health Agencies.

    Science.gov (United States)

    Watts, Theresa; Zahner, Susan; Mrochek, Tracy

    Cross-jurisdictional sharing is a resource management strategy increasingly being used by local health departments to provide essential and mandated public health services. Cross-jurisdictional shared service agreements (CJSSAs) are the legal documents that govern cross-jurisdictional sharing arrangements. Information on the financial and legal characteristics of CJSSAs is limited. This study described the financial and legal elements of a set of formal, written CJSSAs in one state to offer guidance to practitioners on how to structure the financial and legal elements in CJSSAs. CJSSAs, which included a written statement about the financial commitment governed by the agreement (n = 63), were analyzed. Data collection occurred through 2 structured data extraction tools and structured telephone interviews conducted with local and tribal health department directors. Descriptive statistics of all variables and a single predictor linear regression were performed. The higher population partner to the CJSSA more often provided the public health service and received payment (n = 41; 65%). Financial statements were found to vary by CJSSA characteristic. CJSSAs were more likely to be legally complete when a legal counsel was involved in creating them (odds ratio = 2.74; 95% confidence interval, 2.19-3.29; P ≤ .001). Yet, only 2 (3%) of the CJSSAs described all the legal elements and were considered legally complete. Clearly identifying and including necessary fiscal and legal elements when creating and managing CJSSAs may strengthen agreements and reduce local health department legal and fiscal vulnerabilities. Local health department capacity for planning, coordination, budgeting, management, and evaluation is essential when creating CJSSA. Careful consideration of cost-sharing and consulting with legal counsel could strengthen the CJSSA.

  13. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2012-01-01

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

  14. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

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

  15. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

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

  16. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

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

  17. Denial of abortion in legal settings

    OpenAIRE

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

    2014-01-01

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

  18. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

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

    2017-01-01

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

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

    Science.gov (United States)

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

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

  20. "Legal Highs"--An Emerging Epidemic of Novel Psychoactive Substances.

    Science.gov (United States)

    Zawilska, Jolanta B

    2015-01-01

    During the last decade, there has been an increase in the availability and use of novel psychoactive substances (NPS), also known as "legal highs," across the world. They include a wide range of products, from natural plant-originated substances to synthetic compounds, that can be purchased both online and from high street retailers. "Legal highs" mimic psychoactive effects of illicit drugs of abuse. However, they are claimed to consist of compounds that are legal to sell, possess, and use, often labeled as "not for human consumption" to circumvent drug abuse legislation. Based on the spectrum of their actions on cognitive processes, mood, and behavior, "legal highs" can be classified into four basis categories: amphetamine- and ecstasy-like stimulants, synthetic cannabinoids (SCs), hallucinogenic/dissociative, and opioid-like compounds. NPS may, however, exhibit a combination of these actions due to their designed chemical structure. Although the prevalence and pattern of NPS use differ between various countries, the most popular groups are SCs and psychostimulants, described in this chapter. Currently, there is limited information available on the potential acute toxicity (harms) associated with the use of these substances. However, the number of intoxicated people presenting with emergencies is constantly increasing, providing evidence that negative health and social consequences may indeed seriously affect recreational and chronic users. © 2015 Elsevier Inc. All rights reserved.

  1. Legal and institutional foundations of adaptive environmental governance

    Directory of Open Access Journals (Sweden)

    Daniel A. DeCaro

    2017-03-01

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

  2. 36 CFR 1280.34 - What are the types of corrective action NARA imposes for prohibited behavior?

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false What are the types of corrective action NARA imposes for prohibited behavior? 1280.34 Section 1280.34 Parks, Forests, and Public... corrective action NARA imposes for prohibited behavior? (a) Individuals who violate the provisions of this...

  3. 26 CFR 301.7422-1 - Special rules for certain excise taxes imposed by chapter 42 or 43.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 18 2010-04-01 2010-04-01 false Special rules for certain excise taxes imposed... Proceedings Civil Actions by the United States § 301.7422-1 Special rules for certain excise taxes imposed by... modified or reversed as the result of a decision of a higher court, upon the expiration, with respect to...

  4. 28 CFR 522.13 - Relationship between existing civil contempt commitment orders and new criminal sentences imposed...

    Science.gov (United States)

    2010-07-01

    ... contempt commitment orders and new criminal sentences imposed under the U.S. or D.C. Code. 522.13 Section..., CLASSIFICATION, AND TRANSFER ADMISSION TO INSTITUTION Civil Contempt of Court Commitments § 522.13 Relationship between existing civil contempt commitment orders and new criminal sentences imposed under the U.S. or D.C...

  5. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  6. Ten Guidelines for Translating Legal Texts

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2017-12-01

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

  7. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

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

  8. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

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

  9. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  10. Attitudes towards drug legalization among drug users.

    Science.gov (United States)

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

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

  11. Internet advertising and its legal aspects

    OpenAIRE

    Petrova, Evgeniia

    2015-01-01

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

  12. FAIR VALUE: UTILITY AND LIMITS

    OpenAIRE

    Valentin Gabriel Cristea

    2015-01-01

    This paper presents the utility and the limits of the fair value. We believe that any new product must be tried and tested before being imposed on the market and must be accepted by all potential users and those who will be affected, directly or indirectly and its advantages, disadvantages, risks, its cost must be predetermined and analyzed in a comprehensive and objective.We ask: Do financial statements at fair value meet users' expectations? The requirement to use fair value pricing mode...

  13. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

    Full Text Available Road transport has always played an important role in a country’s growth and, in order to manage road networks and ensure a high standard of road performance (e.g. durability, efficiency and safety, both public and private road inventories have been implemented using databases and Geographical Information Systems. They enable registering and managing significant amounts of different road information, but to date do not focus on 3D road information, data integration and interoperability. In an increasingly complex 3D urban environment, and in the age of smart cities, however, applications including intelligent transport systems, mobility and traffic management, road maintenance and safety require digital data infrastructures to manage road data: thus new inventories based on integrated 3D road models (queryable, updateable and shareable on line are required. This paper outlines the first step towards the implementation of 3D GIS-based road inventories. Focusing on the case study of the “Road Cadastre” (the Italian road inventory as established by law, it investigates current limitations and required improvements, and also compares the required data structure imposed by cadastral legislation with real road users’ needs. The study aims to: a determine whether 3D GIS would improve road cadastre (for better management of data through the complete life-cycle infrastructure projects; b define a conceptual model for a 3D road cadastre for Italy (whose general principles may be extended also to other countries.

  14. Ordinary legal remedies according to provisions of legislation from 1853 and 1860

    Directory of Open Access Journals (Sweden)

    Kulauzov Maša M.

    2016-01-01

    Full Text Available The article sheds light on provisions of Codes of Civil Procedure of 1853 and 1860 concerning ordinary legal remedies. As this matter was codified for the first time, a necessity of amending and supplementing some provisions soon emerged. Those amendments and supplements, along with original provisions were examined in this paper. The author also deals with regulations on jurisdiction of Court of Appeal, Court of Cassation and Supreme court. Types and categories of ordinary legal remedies were scrutinized, as well as strict time limits within one should lodge an appeal and proper grounds for making an appeal. The author also responds to questions under which circumstances are ordinary legal remedies allowed, and what types of decisions a higher court can make after reviewing the correctness and reasonableness of a decision issued by a lower court. Shortly after enactment of the Code of 1853 it appeared that judicial procedure is too complicated, expensive and ineffective due to too many legal remedies and legal jurisdictions. That is the reason why the Supreme court as the highest court within the hierarchy of legal jurisdictions and as final court of appeal was abolished in 1860, when new Code of Civil Procedure had been passed. New codification envisaged Court of Appeal as second instance court and, at the same time, court of last resort. Regarding legal remedies, Code of 1860 introduced appeal as sole ordinary legal remedy.

  15. [Clinical forensic examination findings and legal outcome in cases of suspected physical child abuse].

    Science.gov (United States)

    Bode-Jänisch, Stefanie; Meyer, Yvonne; Schroeder, Günter; Günther, Detlef; Debertin, Anette Solveig

    2011-01-01

    Clinical forensic examinations performed at the Institute of Legal Medicine of the Hanover Medical School between 1999 and 2008 in cases of suspected physical abuse of children were analyzed retrospectively with special emphasis on the legal consequences. Altogether, 192 children (85 girls, 107 boys) with a median age of 4.4 years were examined. In 47 cases (24.5 %), the clinical forensic examination findings were interpreted as accidental injuries, birth traumas or unspecific findings. 29 victims (20.0 %) had suffered a shaken baby syndrome. Only part of the presented cases ended with conviction, which was more likely if the victims were aged between 7 and 11 years. Prison terms of 2 years and more were imposed only if the child suffered potentially or acute life-threatening injuries or if additional anogenital lesions were diagnosed indicating sexual child abuse.

  16. Legal-sounding bureaucratic re-centralisation of community forestry in Nepal

    DEFF Research Database (Denmark)

    Basnyat, Bijendra; Treue, Thorsten; Pokharel, Ridish Kumar

    2018-01-01

    management plans. Meagre government or more generous donor budgets financed the revisions. Forest bureaucrats and/or consultants did the work and benefitted financially. None of the approaches, however, lived up to technical, scientific standards or followed stipulated participatory processes. The revised......Exactly how do forest bureaucracies manoeuvre to regain power and maximise benefits in the bewildering legal, financial, and administrative field of forest decentralisation? Based on a review of thirty management plans, stakeholder consultations, intensive interactions with six forest user groups......, forest officials, and donor project employees in Nepal, we document the mechanisms of legal-sounding re-centralisation. The central tenet is that bureaucratically established procedures, which are not required by law but treated as if they were, are used to impose regular revisions of community forest...

  17. FRENDAK to PHENIS to BREIVIK: An Examination of the Imposed Insanity Defense

    Directory of Open Access Journals (Sweden)

    William Donald Richie

    2014-12-01

    Full Text Available The imposition of the insanity defense is a complicated psycho-legal scenario. Globally, definitions of insanity differ from country to country. In a multitude of cases, a determination of insanity at the time of a criminal act means the offender will not be considered responsible for his or her action(s. In many jurisdictions, concerns have been raised that the insanity defense has been used to mitigate punishment, usually after a particularly heinous crime. In this review, the authors use three cases - FRENDAK, PHENIS, and BREIVIK to demonstrate how the imposition of the insanity defense has been used for legal purposes in the past and present. In an effort to give more background to each of the above-mentioned cases, the writers have provided some details to aid comprehension. The authors offer recommendations for the ethical forensic evaluator unburdened by partisan allegiance and invested in the search for truth. This review article relies on peer-reviewed articles available from PubMed, Meharry Online Library and legal dictionaries. We also cross-referenced reputable news sources to ensure the validity of the facts we present.

  18. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

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

  19. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

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

  20. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

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

  1. Market microstructure matters when imposing a Tobin tax—Evidence from the lab☆

    Science.gov (United States)

    Kirchler, Michael; Huber, Jürgen; Kleinlercher, Daniel

    2011-01-01

    Trading in FX markets is dominated by two microstructures: exchanges with market makers and OTC-markets without market makers. Using laboratory experiments we test whether the impact of a Tobin tax is different in these two market microstructures. We find that (i) in markets without market makers an unilaterally imposed Tobin tax (i.e. a tax haven exists) increases volatility. (ii) In contrast, in markets with market makers we observe a decrease in volatility in unilaterally taxed markets. (iii) An encompassing Tobin tax has no impact on volatility in either setting. Efficiency does not vary significantly across tax regimes. PMID:22210970

  2. Market microstructure matters when imposing a Tobin tax-Evidence from the lab.

    Science.gov (United States)

    Kirchler, Michael; Huber, Jürgen; Kleinlercher, Daniel

    2011-12-01

    TRADING IN FX MARKETS IS DOMINATED BY TWO MICROSTRUCTURES: exchanges with market makers and OTC-markets without market makers. Using laboratory experiments we test whether the impact of a Tobin tax is different in these two market microstructures. We find that (i) in markets without market makers an unilaterally imposed Tobin tax (i.e. a tax haven exists) increases volatility. (ii) In contrast, in markets with market makers we observe a decrease in volatility in unilaterally taxed markets. (iii) An encompassing Tobin tax has no impact on volatility in either setting. Efficiency does not vary significantly across tax regimes.

  3. LEGAL ASPECTS OF A MANAGEMENT OF INFRASTRUCTURE PUBLIC INVESTMENTS IN REGIONS. DILEMMAS OF THE SOCIO-ECONOMIC DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Eryk Kosiński

    2014-09-01

    Full Text Available This article provides for an analysis of legal aspects of certain particular investment processes within technical infrastructure in the Polish regions (voivodeships, but in the counties and communes as well. Those mentioned investments are undertaken in the areas of roads, railroads, airports and telecommunication. The impact of the investments is crucial in terms of the socio-economic development of the modern state and society. All dilemmas in terms of the mentioned investments’ management are related to legal regulations imposed by the state. It is noteworthy that those special regulations are aimed at organising the investment process in an efficient and adequately speedy way. Those regulations provide for a broad legal environment of business within the infrastructure investments. All of those regulations are necessary in order to push the continuous progress of the Polish regions targeting at reacting the level of socio-economic development of the so-called western countries (old, early members of the EU.

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

    African Journals Online (AJOL)

    Enrique

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

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

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

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

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

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

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

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

    Science.gov (United States)

    Szewczyk, M

    1998-01-01

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

  8. Untested assumptions: psychological research and credibility assessment in legal decision-making

    Directory of Open Access Journals (Sweden)

    Jane Herlihy

    2015-05-01

    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.

  9. Development and Delivery of Coursework: The Legal/Regulatory/Policy Environment of Cyberforensics

    Directory of Open Access Journals (Sweden)

    John W. Bagby

    2006-06-01

    Full Text Available This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through cyber-forensic techniques. This paper discusses different pedagogies that can be used (including project teams, research and writing assignments, student presentations, case analyses, class activities and participation and examinations, evaluation methods, problem-based learning approaches and critical thinking analysis. A survey and evaluation is provided of the growing body of applicable print and online materials that can be utilized. Target populations for such a course includes students with majors, minors or supporting elective coursework in law, information sciences, information technology, computer science, computer engineering, financial fraud, security and information assurance, forensic aspects of cyber security, privacy, and electronic commerce.

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

    Science.gov (United States)

    Schultz, H

    1980-11-01

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

  11. Transition to magnetorotational turbulence in Taylor–Couette flow with imposed azimuthal magnetic field

    International Nuclear Information System (INIS)

    A Guseva; Avila, M; Willis, A P; Hollerbach, R

    2015-01-01

    The magnetorotational instability (MRI) is thought to be a powerful source of turbulence and momentum transport in astrophysical accretion discs, but obtaining observational evidence of its operation is challenging. Recently, laboratory experiments of Taylor–Couette flow with externally imposed axial and azimuthal magnetic fields have revealed the kinematic and dynamic properties of the MRI close to the instability onset. While good agreement was found with linear stability analyses, little is known about the transition to turbulence and transport properties of the MRI. We here report on a numerical investigation of the MRI with an imposed azimuthal magnetic field. We show that the laminar Taylor–Couette flow becomes unstable to a wave rotating in the azimuthal direction and standing in the axial direction via a supercritical Hopf bifurcation. Subsequently, the flow features a catastrophic transition to spatio-temporal defects which is mediated by a subcritical subharmonic Hopf bifurcation. Our results are in qualitative agreement with the PROMISE experiment and dramatically extend their realizable parameter range. We find that as the Reynolds number increases defects accumulate and grow into turbulence, yet the momentum transport scales weakly. (paper)

  12. Egg eviction imposes a recoverable cost of virulence in chicks of a brood parasite.

    Directory of Open Access Journals (Sweden)

    Michael G Anderson

    2009-11-01

    Full Text Available Chicks of virulent brood parasitic birds eliminate their nestmates and avoid costly competition for foster parental care. Yet, efforts to evict nest contents by the blind and naked common cuckoo Cuculus canorus hatchling are counterintuitive as both adult parasites and large older cuckoo chicks appear to be better suited to tossing the eggs and young of the foster parents.Here we show experimentally that egg tossing imposed a recoverable growth cost of mass gain in common cuckoo chicks during the nestling period in nests of great reed warbler Acrocephalus arundinaceus hosts. Growth rates of skeletal traits and morphological variables involved in the solicitation of foster parental care remained similar between evictor and non-evictor chicks throughout development. We also detected no increase in predation rates for evicting nests, suggesting that egg tossing behavior by common cuckoo hatchlings does not increase the conspicuousness of nests.The temporary growth cost of egg eviction by common cuckoo hatchlings is the result of constraints imposed by rejecter host adults and competitive nestmates on the timing and mechanism of parasite virulence.

  13. Imposed, ordered dust structures and other plasma features in a strongly magnetized plasma

    Science.gov (United States)

    Thomas, Edward; Leblanc, Spencer; Lynch, Brian; Konopka, Uwe; Merlino, Robert; Rosenberg, Marlene

    2015-11-01

    The Magnetized Dusty Plasma Experiment (MDPX) device has been in operation for just over one year. In that time, the MDPX device has been operating using a uniform magnetic field configuration up to 3.0 Tesla and has successfully produced plasmas and dusty plasmas at high magnetic fields. In these experimental studies, we have made observations of a new type of imposed, ordered structure in a dusty plasma at magnetic fields above 1 T. These dusty plasma structures are shown to scale inversely with neutral pressure and are shown to reflect the spatial structure of a wire mesh placed in the plasma. Additionally, recent measurements have been made that give insights into the effective potential that establishes the ordered structures in the plasma. In this presentation, we report on details of the imposed, ordered dusty plasma structure as well as filamentary features that also appear in the plasma and modify the confinement of the dusty plasma. This work is supported with funding from the NSF and Department of Energy.

  14. Imposing a pause between the eccentric and concentric phases increases the reliability of isoinertial strength assessments.

    Science.gov (United States)

    Pallarés, Jesús G; Sánchez-Medina, Luis; Pérez, Carlos Esteban; De La Cruz-Sánchez, Ernesto; Mora-Rodriguez, Ricardo

    2014-01-01

    This study analysed the effect of imposing a pause between the eccentric and concentric phases on the biological within-subject variation of velocity- and power-load isoinertial assessments. Seventeen resistance-trained athletes undertook a progressive loading test in the bench press (BP) and squat (SQ) exercises. Two trials at each load up to the one-repetition maximum (1RM) were performed using 2 techniques executed in random order: with (stop) and without (standard) a 2-s pause between the eccentric and concentric phases of each repetition. The stop technique resulted in a significantly lower coefficient of variation for the whole load-velocity relationship compared to the standard one, in both BP (2.9% vs. 4.1%; P = 0.02) and SQ (2.9% vs. 3.9%; P = 0.01). Test-retest intraclass correlation coefficients (ICCs) were r = 0.61-0.98 for the standard and r = 0.76-0.98 for the stop technique. Bland-Altman analysis showed that the error associated with the standard technique was 37.9% (BP) and 57.5% higher (SQ) than that associated with the stop technique. The biological within-subject variation is significantly reduced when a pause is imposed between the eccentric and concentric phases. Other relevant variables associated to the load-velocity and load-power relationships such as the contribution of the propulsive phase and the load that maximises power output remained basically unchanged.

  15. The Challenges of Projecting the Public Health Impacts of Marijuana Legalization in Canada; Comment on “Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts”

    Directory of Open Access Journals (Sweden)

    Stephanie Lake

    2017-05-01

    Full Text Available A recent editorial in this journal provides a summary of key economic, social, and public health considerations of the forthcoming legislation to legalize, regulate, and restrict access to marijuana in Canada. As our government plans to implement an evidence-based public health framework for marijuana legalization, we reflect and expand on recent discussions of the public health implications of marijuana legalization, and offer additional points of consideration. We select two commonly cited public concerns of marijuana legalization – adolescent usage and impaired driving – and discuss how the underdeveloped and equivocal body of scientific literature surrounding these issues limits the ability to predict the effects of legalization. Finally, we discuss the potential for some potential public health benefits of marijuana legalization – specifically the potential for marijuana to be used as a substitute to opioids and other risky substance use – that have to date not received adequate attention.

  16. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

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

  17. On Experiments in Empirical Legal Research

    NARCIS (Netherlands)

    van den Bos, K.; Hulst, Liesbeth

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

  18. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

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

  19. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

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

    2016-01-01

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

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

    African Journals Online (AJOL)

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

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

    African Journals Online (AJOL)

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

  2. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

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

    2016-01-01

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

  3. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

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

  4. The legal personality of TNC: the issues

    Directory of Open Access Journals (Sweden)

    Suleimanov M.R.

    2017-03-01

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

  5. Extracting legal arguments from forensic Bayesian networks

    NARCIS (Netherlands)

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

    2014-01-01

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

  6. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

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

  7. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

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

    2000-01-01

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

  8. Legalizing the Intolerable Is a Bad Idea.

    Science.gov (United States)

    Hawley, Richard A.

    1991-01-01

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

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

    Science.gov (United States)

    Gasaway, Laura N.

    1998-01-01

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

  10. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

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

  11. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  12. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

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

  13. The internationalization of law and legal education

    CERN Document Server

    Sellers, Mortimer; Sellers, Mortimer

    2013-01-01

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

  14. 14 CFR 1203.100 - Legal basis.

    Science.gov (United States)

    2010-01-01

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

  15. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

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

  16. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  17. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  18. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

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

  19. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

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

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

    African Journals Online (AJOL)

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

  1. Moving from legality to reality: how medical abortion methods were introduced with implementation science in Zambia

    OpenAIRE

    Fetters, Tamara; Samandari, Ghazaleh; Djemo, Patrick; Vwallika, Bellington; Mupeta, Stephen

    2017-01-01

    Background Although abortion is technically legal in Zambia, the reality is far more complicated. This study describes the process and results of galvanizing access to medical abortion where abortion has been legal for many years, but provision severely limited. It highlights the challenges and successes of scaling up abortion care using implementation science to document 2 years of implementation. Methods An intervention between the Ministry of Health, University Teaching Hospital and the in...

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

    OpenAIRE

    Fábio Augusto Barcelos Moreira Corrêa; Tereza Cristina Monteiro Mafra

    2016-01-01

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

  3. [Are legal measures for the protection of patients with Alzheimer disease useful for the caregivers?].

    Science.gov (United States)

    Mauduit, Micheline; Sayn, Isabelle

    2004-06-01

    Formal and informal caregivers for patients with Alzheimer's disease are faced with the individual's loss of autonomy and ability to manage daily life activities. They could be helped by legal measures aimed to protect the patient and his\\her possessions as well as to protect themselves. Study from individual reports showed the shortcomings for the caregivers of legal measures such as the guardianship and their limitation with regard to the consideration of the patient as a person.

  4. Monetary impacts and currency wars: a blind spot in the discourse about Transnational Legal Orders

    Directory of Open Access Journals (Sweden)

    Marcus Faro de Castro

    Full Text Available Abstract The literature on transnational legal orders (TLOs establishes new criteria for the elaboration of analyses regarding complex legal and economic issues which transcend the nation state. By looking into the so-called "currency war" controversy of 2010-2013, the paper argues that TLO theory remains limited in its ability to shed light on relevant aspects of cross-border impacts of monetary policy changes.

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

    Directory of Open Access Journals (Sweden)

    Henrik Dupont

    1999-04-01

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

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

    Science.gov (United States)

    Farhana

    2018-01-01

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

  7. Evaluating the Legitimacy of Contemporary Legal Strategies for Obesity.

    Science.gov (United States)

    Morain, Stephanie

    2015-12-01

    Contemporary legal strategies for obesity raise troubling questions regarding individual liberty and the legitimate scope of public health authority. This article argues that the predominant approach to assessing public health legitimacy--John Stuart Mill's "harm principle"--may be unsuitable for evaluating the legitimacy of legal strategies for obesity. The article proposes an alternative test for assessing the legitimate scope of public health authority: John Rawls's liberal principle of legitimacy. It outlines how Rawls's principle would evaluate obesity policies, and contrasts this evaluation to that of Mill. The alternative test avoids some of the limitations of the Millian approach, and may offer an improved mechanism for assessing the liberty effects of policies for obesity and other public health activities.

  8. DRONE OPERATORS – LEGAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2016-06-01

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

  9. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

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

  10. The legal and non-legal barriers to abortion access in Australia: a review of the evidence.

    Science.gov (United States)

    de Moel-Mandel, Caroline; Shelley, Julia M

    2017-04-01

    In Australia, about one in four pregnancies results in an induced abortion. The termination of a pregnancy is still, however, a criminal act in most jurisdictions, and access to abortion is not without barriers. This paper analyses existing access barriers and their implications. Databases and the grey literature were searched for publications that examined any legal and/or non-legal abortion access barrier applicable to Australia (2000-2016). Only those barriers that had been demonstrated to be the most restrictive were included and categorised. From the initial 410 studies, only 20 publications were identified that matched the inclusion criteria. They indicated that access barriers do indeed exist in Australia. In many parts of Australia, abortion is only legal under strict conditions. Relatively strong evidence was found on the limited abortion access of rural women and of an imminent shortage in the provision of late abortions. For other barriers only limited research evidence existed, or merely opinions were expressed. Very few studies were undertaken to link barriers to outcomes. Although this review can form a base for the national improvement of abortion access, the gap found in Australian research demonstrates a need for additional studies.

  11. Itinerarios imposibles del sujeto nómade en la hora de la estrella

    Directory of Open Access Journals (Sweden)

    Angélica Tatiana Vargas Ortiz

    2011-12-01

    Full Text Available http://dx.doi.org/10.5007/2176-8522.2009n9p39 En La Hora de la Estrella de Clarice Lispector el sujeto emprende la búsqueda de su identidad a través de desplazamientos propios de su naturaleza nómade. Estos desplazamientos de la consciencia del sujeto forman una serie de itinerarios que revelan algunas imposibilidades que el sujeto nómade sufre en una sociedad que lo condena a su alienación. La imposibilidad de la autoconsciencia del yo, su devenir animal y el vaciamiento del deseo, son parte de estos itinerarios imposibles que acontecen en la novela.

  12. ITER Experts' meeting on density limits

    International Nuclear Information System (INIS)

    Borrass, K.; Igitkhanov, Y.L.; Uckan, N.A.

    1989-12-01

    The necessity of achieving a prescribed wall load or fusion power essentially determines the plasma pressure in a device like ITER. The range of operation densities and temperatures compatible with this condition is constrained by the problems of power exhaust and the disruptive density limit. The maximum allowable heat loads on the divertor plates and the maximum allowable sheath edge temperature practically impose a lower limit on the operating densities, whereas the disruptive density limit imposes an upper limit. For most of the density limit scalings proposed in the past an overlap of the two constraints or at best a very narrow accessible density range is predicted for ITER. Improved understanding of the underlying mechanisms is therefore a crucial issue in order to provide a more reliable basis for extrapolation to ITER and to identify possible ways of alleviating the problem

  13. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

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

  14. Developing legally defensible physiological employment standards for prominent physically demanding public safety occupations: a Canadian perspective.

    Science.gov (United States)

    Jamnik, V; Gumienak, R; Gledhill, N

    2013-10-01

    Canadian court decisions and human rights legislation impose strict legal criteria for developing applicant and incumbent physiological employment standards to qualify as a bona fide occupational requirement. These legal criteria compel researchers and employers to ensure that the standards are criterion-based and validly linked to the critical life threatening physically demanding tasks of the occupation, and this has led to the establishment of a systematic research process template to ensure this connection. Validation of job-related physiological employment standards is achieved using both construct and content procedures and reliability is established via test-retest procedures. The 1999 Supreme Court of Canada Meiorin Decision also obliges employers to demonstrate that it is impossible to accommodate an individual applicant or employee who is adversely impacted by lowering the physiological employment standards without imposing undue hardship on the employer. Recent evidence has demonstrated convincingly that familiarization opportunities, motivational feedback/coaching during test performance, and participation in a 6-week job-specific physical fitness training program can overcome the adverse impact of a physiological employment standards on a sub-group of participants, thereby providing "de facto" accommodation. In this article, the authors review the physiological employment standards for prominent Canadian physically demanding public safety occupations; police, correctional officers, nuclear emergency personnel, structural fire fighters, and wildland fire fighters, to illustrate the steps, challenges, and solutions involved in developing and implementing physiological employment standards designed to meet the requirements to qualify as a bona fide occupational requirement.

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

    Science.gov (United States)

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

    2017-06-01

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

  16. Tribal communities and coal in Northeast India: The politics of imposing and resisting mining bans

    International Nuclear Information System (INIS)

    McDuie-Ra, Duncan; Kikon, Dolly

    2016-01-01

    Bans on coal mining have been implemented in two tribal majority states in India's north-east frontier; Nagaland and Meghalaya. In Nagaland the state government imposed the ban in an attempt to capture control of coal extraction and trade, while in Meghalaya India's National Green Commission imposed the ban over concern for the environment and labour conditions. In both cases local communities have opposed the bans, and in some areas resumed mining under the authority of tribal councils and powerful civil society actors. In this paper we explore the politics of coal extraction that resulted in these bans and the response of communities and authorities. In doing so we made three main arguments that contribute to understanding of coal and communities in frontier regions where state control is partial and the legacy of armed conflict is powerful. First, in both locations the majority of the coal mining activity has been initiated and managed by members of tribal communities rather than profit-driven outsiders. Second, in contrast to other contexts in India (notably Orissa and Jharkhand) where large state or private enterprises seek to modify the law to enable coal extraction, in Nagaland and Meghalaya it has been communities that resent and challenge state and national laws being applied to their lands. Third, the right to extract coal is connected to the right of tribal communities to determine what happens on their lands. - Highlights: • Tribal communities initiate and manage coal mining in Nagaland and Meghalaya. • Laws banning coal extraction have been challenged and resisted by local communities. • The right to extract coal is tied to protecting tribal land rights. • Tribal autonomy in coal policy is progressive, yet enables capture by local elites. • Where there has been regulation of coal mining it has come from unexpected sources.

  17. Effects of imposed resistance on tidal volume with 5 neonatal nasal continuous positive airway pressure systems.

    Science.gov (United States)

    Cook, Shannon E; Fedor, Katherine L; Chatburn, Robert L

    2010-05-01

    Neonates with respiratory distress syndrome are often treated with nasal continuous positive airway pressure (CPAP). Nasal CPAP methods include electronic feedback control, underwater seal, flow opposition, and flow opposition with fluidic flow reversal on expiration. Few studies have compared those modes, and the results have been contradictory. We compared the effect of resistive load on simulated tidal volume (V(T)) with 5 neonatal nasal CPAP systems: Fisher and Paykel nasal CPAP tubing with Maquet Servo-i ventilator in NIV CPAP mode; Cardinal Health AirLife nasal CPAP system; Fisher and Paykel nasal CPAP tubing with water-seal pressure generator; AirLife infant nasal CPAP generator kit; and Hamilton Medical Arabella fluidic nasal CPAP generator. The lung simulator settings were: compliance 0.5 mL/cm H2O, resistance 125 H2O/L/s, sinusoidal patient-effort range 6.5-26 cm H2O, rise 25%, hold 0%, release 25%, respiratory rate 65 breaths/min. We compared the mean values from 10 breaths. The mean inspiratory pressure drop and V(T) difference (compared to the simulator alone, unloaded) increased with V(T), respectively, from 0.32 cm H2O to 1.73 cm H2O, and from -0.04 mL to -0.40 mL. Flow opposition had the smallest pressure drop (from 0.10 cm H2O to 0.64 cm H2O, P nasal CPAP's pressure drop was largest (P or = 9 mL the electronic nasal CPAP's pressure drop was largest (P nasal CPAP systems correlate with the differences in unassisted V(T) due to loading effects. The ventilator imposed the least load, and the AirLife nasal CPAP system imposed the most.

  18. Protein Homeostasis Imposes a Barrier on Functional Integration of Horizontally Transferred Genes in Bacteria.

    Directory of Open Access Journals (Sweden)

    Shimon Bershtein

    2015-10-01

    Full Text Available Horizontal gene transfer (HGT plays a central role in bacterial evolution, yet the molecular and cellular constraints on functional integration of the foreign genes are poorly understood. Here we performed inter-species replacement of the chromosomal folA gene, encoding an essential metabolic enzyme dihydrofolate reductase (DHFR, with orthologs from 35 other mesophilic bacteria. The orthologous inter-species replacements caused a marked drop (in the range 10-90% in bacterial growth rate despite the fact that most orthologous DHFRs are as stable as E.coli DHFR at 37°C and are more catalytically active than E. coli DHFR. Although phylogenetic distance between E. coli and orthologous DHFRs as well as their individual molecular properties correlate poorly with growth rates, the product of the intracellular DHFR abundance and catalytic activity (kcat/KM, correlates strongly with growth rates, indicating that the drop in DHFR abundance constitutes the major fitness barrier to HGT. Serial propagation of the orthologous strains for ~600 generations dramatically improved growth rates by largely alleviating the fitness barriers. Whole genome sequencing and global proteome quantification revealed that the evolved strains with the largest fitness improvements have accumulated mutations that inactivated the ATP-dependent Lon protease, causing an increase in the intracellular DHFR abundance. In one case DHFR abundance increased further due to mutations accumulated in folA promoter, but only after the lon inactivating mutations were fixed in the population. Thus, by apparently distinguishing between self and non-self proteins, protein homeostasis imposes an immediate and global barrier to the functional integration of foreign genes by decreasing the intracellular abundance of their products. Once this barrier is alleviated, more fine-tuned evolution occurs to adjust the function/expression of the transferred proteins to the constraints imposed by the

  19. Individually ventilated cages impose cold stress on laboratory mice: a source of systemic experimental variability.

    Science.gov (United States)

    David, John M; Knowles, Scott; Lamkin, Donald M; Stout, David B

    2013-11-01

    Individual ventilated cages (IVC) are increasing in popularity. Although mice avoid IVC in preference testing, they show no aversion when provided additional nesting material or the cage is not ventilated. Given the high ventilation rate in IVC, we developed 3 hypotheses: that mice housed in IVC experience more cold stress than do mice housed in static cages; that IVC-induced cold stress affects the results of experiments using mice; and that, when provided shelters, mice behaviorally thermoregulate and thereby rescue the cold-stress effects of IVC. To test these hypotheses, we housed mice in IVC, IVC with shelters, and static cages maintained at 20 to 21 °C. We quantified the cold stress of each housing system on mice by assessing nonshivering thermogenesis and brown adipose vacuolation. To test housing effects in a common, murine model of human disease, we implanted mice with subcutaneous epidermoid carcinoma cells and quantified tumor growth, tumor metabolism, and adrenal weight. Mice housed in IVC had histologic signs of cold stress and significantly higher nonshivering thermogenesis, smaller subcutaneous tumors, lower tumor metabolism, and larger adrenal weights than did mice in static cages. Shelters rescued IVC-induced nonshivering thermogenesis, adrenal enlargement, and phenotype-dependent cold-mediated histologic changes in brown adipose tissue and tumor size. IVC impose chronic cold stress on mice, alter experimental results, and are a source of systemic confounders throughout rodent-dependent research. Allowing mice to exhibit behavioral thermoregulation through seeking shelter markedly rescues the experiment-altering effects of housing-imposed cold stress, improves physiologic uniformity, and increases experimental reproducibility across housing systems.

  20. Formation and incorporation of a limited liability company

    OpenAIRE

    Steininger, Vojtěch

    2011-01-01

    in English This rigorosum thesis is titled "Foundation and Incorporation of a Limited Liability Company" and the subject of the thesis is the Czech legal regulation of this matter. The thesis itself is organised in six sections. Following Preamble, concerning historically linguistic connotations of the term "limited liability company", I provide a brief outline of the development of the legal regulation of a limited liability company - in Section I. Section II is focused on general features o...

  1. Abortion Rights Legal Mobilization in the Peruvian Media, 1990–2015

    Science.gov (United States)

    Gianella, Camila

    2017-01-01

    Abstract State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization—in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República, between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media’s agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed. PMID:28630547

  2. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

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

  3. Review of: Legal practice and cultural diversity

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2010-01-01

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

  4. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

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

  5. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  6. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

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

  7. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

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

  8. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

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

  9. The legal status of Uncertainty

    Science.gov (United States)

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

    2011-03-01

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

  10. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

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

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

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

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

  11. Formal and legal conditions of Smart Grid deployment

    Directory of Open Access Journals (Sweden)

    Rafał Magulski

    2010-04-01

    Full Text Available This article presents an overview of the formal and legal issues arising from EU policies and national regulations affecting the capacity to implement Smart Grid solutions. EU legislation currently imposes on the Member States no obligation to apply any mechanisms to support implementation of Smart Grid solutions in the power sector. Directives call for the introduction of such national regulations that promote improved security and reliability of energy supply, development and integration of renewable and distributed energy resources with the power system, and development of the energy market to allow customers to respond to market incentives and to rationally change their behaviours as regards energy use. Not all of the obligations and recommendations have been fully transferred into the national legislation. However, directions of the Polish energy policy are in line with European trends and clearly indicate Smart Grids as one of the remedies to the challenges that the National Power System will have to cope with in the long term. Therefore, some significant legislative changes regarding the power sector should be expected in the near future.

  12. An economic and legal perspective on electric utility transition costs

    Energy Technology Data Exchange (ETDEWEB)

    Rose, K.

    1996-07-01

    The issue of possibly unrecoverable cost incurred by a utility, or `stranded costs,` has emerged as a major obstacle to developing a competitive generation market. Stranded or transition costs are defined as costs incurred by a utility to serve its customers that were being recovered in rates but are no longer due to availability of lower-priced alternative suppliers. The idea of `stranded cost,` and more importantly arguments for its recovery, is a concept with little basis in economic theory, legal precedence, or precedence in other deregulated industries. The main argument recovery is that the ``regulatory compact`` requires it. This is based on the misconception that the regulator compact is simply: the utility incurs costs on behalf of its customers because of the ``obligation to serve`` so, therefore, customers are obligated to pay. This is a mischaracterization of what the compact was and how it developed. Another argument is that recovery is required for economic efficiency. This presumes, however, a very narrow definition of efficiency based on preventing ``uneconomic`` bypass of the utility and that utilities minimize costs. A broader definition of efficiency and the likelihood of cost inefficiencies in the industry suggest that the cost imposed on customers from inhibiting competition could exceed the gains from preventing uneconomic bypass. Both these issues are examined in this paper.

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

    OpenAIRE

    Afredo Bergés

    2013-01-01

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

  14. Traceability and change in legal requirements engineering

    NARCIS (Netherlands)

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

    2010-01-01

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

  15. Managing Legal Texts in Requirements Engineering

    Science.gov (United States)

    Otto, Paul N.; Antón, Annie I.

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

  16. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

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

  17. Legal education for scientists at Fall Meeting

    Science.gov (United States)

    Uhlenbrock, Kristan

    2012-10-01

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

  18. International Legal Norms in Macedonia's Domestic Law

    Directory of Open Access Journals (Sweden)

    Blerton SINANI

    2014-11-01

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

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

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

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

  20. Theorizing Mediation: Lessons Learned from Legal Anthropology

    Directory of Open Access Journals (Sweden)

    Marc Simon Thomas

    2016-01-01

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