WorldWideScience

Sample records for legal problems arising

  1. Radioisotopes: problems of responsibility arising from medicine

    International Nuclear Information System (INIS)

    Dupon, Michel.

    1978-09-01

    Radioisotopes have brought about great progress in the battle against illnesses of mainly tumoral origin, whether in diagnosis (nuclear medicine) or in treatment (medical radiotherapy). They are important enough therefore to warrant investigation. Such a study is attempted here, with special emphasis, at a time when medical responsibility proceedings are being taken more and more often on the medicolegal problems arising from their medical use. It is hoped that this study on medical responsibility in the use of radioisotopes will have shown: that the use of radioisotopes for either diagnosis or therapy constitutes a major banch of medicine; that this importance implies an awareness by the practitioner of a vast responsibility, especially in law where legislation to ensure protection as strict as in the field of ionizing radiations is lacking. The civil responsibility of doctors who use radioisotopes remains to be defined, since for want of adequate jurisprudence we are reduced to hypotheses based on general principles [fr

  2. Nuclear waste management and problems arising from constitutional law

    International Nuclear Information System (INIS)

    Rauschning, D.

    1983-01-01

    The author discusses the problems arising in the field of nuclear waste management on account of the constitutional law. Especially the difficulties emanating from the conflict between the provisions of section 9a of the Atomic Energy Act and the provisions of constitutional law are dealt with in detail, referring to the monography of H. Hofmann, 'legal aspects of nuclear waste management'. The author comes to the conclusion that the reqquirements laid down in section 9a-9c of the Atomic Energy Act are in agreement with the Basic law. There is, he says, no unreasonable risk for future generations, as the provisions of the nuclear law provide for sufficient safety of sites and equipment selected for the final storage of nuclear waste, ensuring that radioactive leakage is excluded over long periods of time. In the second part of his lecture, the author discusses the problem of competency and delegation of authority with regard to the reprocessing of radioactive waste. (BW) [de

  3. Legal and ethical issues arising with preimplantation human embryos.

    Science.gov (United States)

    Robertson, J A

    1992-04-01

    The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

  4. Problems arising in connection with the commissioning of experts in conflict-oriented implementation of nuclear law. The legal status of expert opinions in administrative procedures under the Atomic Energy Act

    International Nuclear Information System (INIS)

    Fiebig, T.H.

    1995-01-01

    Court decisions available so far do not primarily consider the problems linked to the commissioning of an expert and his mandate, as well as the legal status of the commissioning of an expert as an administrative act which might be legally contestable. Thus there are at present no court decisions that would create legal certainty in matters of the act of commissioning a nuclear expert opinion. The current legal situation is such that an independent order for commissioning of an expert opinion in compliance with section 19 III AtG (Atomic Energy Act), which in general is given in response to the refusal of the facility operator to do so, can be independently contested on the basis of section 44 a, sentence 2 VwGO (Rules of Administrative Courts). The current practice of conflict-oriented, or nuclear power phase-out-oriented, implementation of the nuclear law poses a threat to our constitutional state and to our democracy. The supply of energy as a common good is of essential importance and thus deserves fair and objective treatment free of emotions, including the matter of nuclear energy. In cases of nuclear licensing procedures meeting with impedimental treatment by a Land government favouring the nuclear power phase-out, this treatment however not fitting into the Land governments' overall political line, there is reason to call upon the Federal Government to take action for clarifying the situation. (orig./HP) [de

  5. Kapteyn series arising in radiation problems

    International Nuclear Information System (INIS)

    Lerche, I; Tautz, R C

    2008-01-01

    In discussing radiation from multiple point charges or magnetic dipoles, moving in circles or ellipses, a variety of Kapteyn series of the second kind arises. Some of the series have been known in closed form for a hundred years or more, others appear not to be available to analytic persuasion. This paper shows how 12 such generic series can be developed to produce either closed analytic expressions or integrals that are not analytically tractable. In addition, the method presented here may be of benefit when one has other Kapteyn series of the second kind to consider, thereby providing an additional reason to consider such series anew

  6. Boundary Value Problems Arising in Kalman Filtering

    Directory of Open Access Journals (Sweden)

    Sinem Ertürk

    2009-01-01

    Full Text Available The classic Kalman filtering equations for independent and correlated white noises are ordinary differential equations (deterministic or stochastic with the respective initial conditions. Changing the noise processes by taking them to be more realistic wide band noises or delayed white noises creates challenging partial differential equations with initial and boundary conditions. In this paper, we are aimed to give a survey of this connection between Kalman filtering and boundary value problems, bringing them into the attention of mathematicians as well as engineers dealing with Kalman filtering and boundary value problems.

  7. Boundary Value Problems Arising in Kalman Filtering

    Directory of Open Access Journals (Sweden)

    Bashirov Agamirza

    2008-01-01

    Full Text Available The classic Kalman filtering equations for independent and correlated white noises are ordinary differential equations (deterministic or stochastic with the respective initial conditions. Changing the noise processes by taking them to be more realistic wide band noises or delayed white noises creates challenging partial differential equations with initial and boundary conditions. In this paper, we are aimed to give a survey of this connection between Kalman filtering and boundary value problems, bringing them into the attention of mathematicians as well as engineers dealing with Kalman filtering and boundary value problems.

  8. Operator approximant problems arising from quantum theory

    CERN Document Server

    Maher, Philip J

    2017-01-01

    This book offers an account of a number of aspects of operator theory, mainly developed since the 1980s, whose problems have their roots in quantum theory. The research presented is in non-commutative operator approximation theory or, to use Halmos' terminology, in operator approximants. Focusing on the concept of approximants, this self-contained book is suitable for graduate courses.

  9. Multi-objective convex programming problem arising in multivariate ...

    African Journals Online (AJOL)

    user

    Multi-objective convex programming problem arising in ... However, although the consideration of multiple objectives may seem a novel concept, virtually any nontrivial ..... Solving multiobjective programming problems by discrete optimization.

  10. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  11. Variational problems arising in classical mechanics and nonlinear elasticity

    International Nuclear Information System (INIS)

    Spencer, P.

    1999-01-01

    In this thesis we consider two different classes of variational problems. First, one-dimensional problems arising from classical mechanics where the problem is to determine whether there is a unique function η 0 (x) which minimises the energy functional of the form I(η) = ∫ a b L(x,η(x), η'(x)) dx. We will investigate uniqueness by making a change of dependent and independent variables and showing that for a class of integrands L with a particular kind of scaling invariance the resulting integrand is completely convex. The change of variables arises by applying results from Lie group theory as applied in the study of differential equations and this work is motivated by [60] and [68]. Second, the problem of minimising energy functionals of the form E(u) = ∫ A W(∇u(x)) dx in the case of a nonlinear elastic body occupying an annular region A contains R 2 with u : A-bar → A-bar. This work is motivated by [57] (in particular the example of paragraph 4). We will consider rotationally symmetric deformations satisfying prescribed boundary conditions. We will show the existence of minimisers for stored energy functions of the form W(F) = g-tilde(vertical bar-F-vertical bar, det(F)) in a class of general rotationally symmetric deformations of a compressible annulus and for stored energy functions of the form W(F) = g-bar(vertical bar-F-vertical bar) in a class of rotationally symmetric deformations of an incompressible annulus. We will also show that in each case the minimisers are solutions of the full equilibrium equations. A model problem will be considered where the energy functional is the Dirichlet integral and it will be shown that the rotationally symmetric solution obtained is a minimiser among admissible non-rotationally symmetric deformations. In the case of an incompressible annulus, we will consider the Dirichlet integral as the energy functional and show that the rotationally symmetric equilibrium solutions in this case are weak local minimisers in

  12. Legal problems of nuclear fuel reprocessing

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1987-01-01

    The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

  13. Learning Lessons from the Past: Legal Issues Arising from Ireland's Child Abuse Reports

    Directory of Open Access Journals (Sweden)

    Ursula Kilkelly

    2012-01-01

    Full Text Available Inquiries have played an important role in telling the stories of children abused and neglected in Ireland in situations of family abuse, clerical abuse and institutional abuse. The inquiries – associated with the name of the chairperson (Ryan or by their geographical remit (Dublin, Ferns, Cloyne, Kilkenny and Roscommon – serve to vindicate the rights of the children affected and to identify the failure of the authorities to protect children from harm. They also make numerous recommendations as to how children’s treatment can be improved. Although each inquiry had varying terms of reference, scope and status, together they address a wide range of issues of both specific and general significance to the issue of child protection. Focus is clearly placed on how child protection practice can be improved but many of the inquiries also comment on the legal framework and make recommendations for the reform of various aspects of child protection law and policy. This paper argues that the legal implications of these inquiries can be reduced to three overarching issues: the legislative provision for the mandatory reporting of child abuse; the need for robust and effective inspection mechanisms to ensure the protection of children, and the issue of constitutional law reform. The analysis shows that these measures are neither straightforward nor a panacea to the intractable problem of providing effective protection to children from abuse. However, taken with the other recommendations identified in the child abuse reports, they represent the beginning of a lasting legacy for the victims of abuse so tragically failed by their families, by the state and by society at large.

  14. Legal problems connected with irradiated fuel reprocessing and its waste storage

    International Nuclear Information System (INIS)

    Nercy, B. de.

    1981-10-01

    In view of its nature, an irradiated nuclear fuel reprocessing operation -and the contracts implementing it between the reprocessor and the customer- raises certain difficult legal problems. This paper analyses this question from the legal viewpoint, in particular as regards nuclear fuel and material ownership and products or waste arising therefrom, as well as in the context of rules of international trade and non-proliferation standards. (NEA) [fr

  15. Problems arising in the evaluation of collective dose commitment

    International Nuclear Information System (INIS)

    Coulon, R.; Beau, P.

    1979-01-01

    In order to apply the concept of optimization it is necessary to evaluate the collective dose commitment for the population as a whole. This is found by summing the dose commitments for the different population groups involved, including persons occupationally exposed and members of the public both locally and globally. The average dose received by each of these groups can vary considerably: for occupational exposure it is about one order of magnitude below the limits, whereas for the general public it is far below, although certain local groups may be subjected to a much higher exposure than the overall average. The question arises, therefore, whether certain groups should not be weighted differently in order to take into account the heterogeneity of the distribution of exposure. As far as the validity of forecast evaluations is concerned, one may assume that for occupational exposure the dose commitment over the whole period of operation of a facility can be estimated fairly accurately. The overall collective dose commitment for the public is relatively insensitive to local variations in the environment and in the public itself but is strongly dependent on long-term developments which cannot at present be forecast. For the evaluation of dose equivalent to the critical group, local variations are of considerable importance and need to be foreseen, which is not always possible. By taking into account a period which includes the annual maximum collective dose equivalent one can make some of these difficulties less severe. (author)

  16. Multiple solutions for inhomogeneous nonlinear elliptic problems arising in astrophyiscs

    Directory of Open Access Journals (Sweden)

    Marco Calahorrano

    2004-04-01

    Full Text Available Using variational methods we prove the existence and multiplicity of solutions for some nonlinear inhomogeneous elliptic problems on a bounded domain in $mathbb{R}^n$, with $ngeq 2$ and a smooth boundary, and when the domain is $mathbb{R}_+^n$

  17. Current problems arising from the new law relating to franchise duties; Aktuelle Probleme des neuen Konzessionsabgabenrechts

    Energy Technology Data Exchange (ETDEWEB)

    Becker, P.

    1996-12-31

    The contribution examines the advantages and drawbacks of the new ordinance in German law relating to payment of franchise duties. The ordinance may bring about new problems if abused as a means of bringing pressure to bear in negotiations for takeover of existing electric or gas supply systems by local governments. The author analyses the legitimation of such exploitation of the franchise duty and in this context the general legal framework. (orig./CB) [Deutsch] Der Beitrag untersucht Vor- und Nachteile der neuen Verordnung im Konzessionsabgabenrecht, die im Hinblick auf Auseinandersetzungen um die ``Ubernahme von Strom- oder Gasversorgungssystemen durch Gemeinden neue Probleme mit sich bringen koennte, wenn Konzessionsabgaben als Druckmittel eingesetzt werden. Der Autor analysiert die Zulaessigkeit eines derartigen Einsatzes und in diesem Zusammenhang auch die rechtliche Basis der Konzessionsabgaben. (orig./CB)

  18. Using packaged software for solving two differential equation problems that arise in plasma physics

    International Nuclear Information System (INIS)

    Gaffney, P.W.

    1980-01-01

    Experience in using packaged numerical software for solving two related problems that arise in Plasma physics is described. These problems are (i) the solution of the reduced resistive MHD equations and (ii) the solution of the Grad-Shafranov equation

  19. Corporate environment protection as a legal problem

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1993-01-01

    It is discussed what legal instruments companies have for integrating environment protection into their corporate policy: Industrial self-monitoring; the environmental health officer as an instrument of corporate environment protection (environmental health officer, radiation protection officer); obligations to disclose information on corporate organisation pursuant to Article 52 a of the Federal Emmission Control Act; corporate environment protection as a general obligation of the operator. Possible ways of strengthening corporate environment protection are considered de lege ferende, e.g. the additional instruments of corporate self-monitoring laid down in the General Part of the Environmental Code, audits on environment protection, corporate environment protection through quality assurance systems. (orig.) [de

  20. The legal and ethical concerns that arise from using complex predictive analytics in health care.

    Science.gov (United States)

    Cohen, I Glenn; Amarasingham, Ruben; Shah, Anand; Xie, Bin; Lo, Bernard

    2014-07-01

    Predictive analytics, or the use of electronic algorithms to forecast future events in real time, makes it possible to harness the power of big data to improve the health of patients and lower the cost of health care. However, this opportunity raises policy, ethical, and legal challenges. In this article we analyze the major challenges to implementing predictive analytics in health care settings and make broad recommendations for overcoming challenges raised in the four phases of the life cycle of a predictive analytics model: acquiring data to build the model, building and validating it, testing it in real-world settings, and disseminating and using it more broadly. For instance, we recommend that model developers implement governance structures that include patients and other stakeholders starting in the earliest phases of development. In addition, developers should be allowed to use already collected patient data without explicit consent, provided that they comply with federal regulations regarding research on human subjects and the privacy of health information. Project HOPE—The People-to-People Health Foundation, Inc.

  1. A simultaneous facility location and vehicle routing problem arising in health care logistics in the Netherlands

    NARCIS (Netherlands)

    Veenstra, Marjolein; Roodbergen, Kees Jan; Coelho, Leandro C.; Zhu, Stuart X.

    2018-01-01

    This paper introduces a simultaneous facility location and vehicle routing problem that arises in health care logistics in the Netherlands. In this problem, the delivery of medication from a local pharmacy can occur via lockers, from where patients that are within the coverage distance of a locker

  2. Ethical and legal issues arising from complex genetic disorders. DOE final report

    Energy Technology Data Exchange (ETDEWEB)

    Andrews, Lori

    2002-10-09

    The project analyzed the challenges raised by complex genetic disorders in genetic counselling, for clinical practice, for public health, for quality assurance, and for protection against discrimination. The research found that, in some settings, solutions created in the context of single gene disorders are more difficult to apply to complex disorders. In other settings, the single gene solutions actually backfired and created additional problems when applied to complex genetic disorders. The literature of five common, complex genetic disorders--Alzheimer's, asthma, coronary heart disease, diabetes, and psychiatric illnesses--was evaluated in depth.

  3. 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)

  4. Single string planning problem arising in liner shipping industries: A heuristic approach

    DEFF Research Database (Denmark)

    Gelareh, Shahin; Neamatian Monemi, Rahimeh; Mahey, Philippe

    2013-01-01

    We propose an efficient heuristic approach for solving instances of the Single String Planning Problem (SSPP) arising in the liner shipping industry. In the SSPP a Liner Service Provider (LSP) only revises one of its many operational strings, and it is assumed that the other strings are unchangea...

  5. New homotopy analysis transform method for solving the discontinued problems arising in nanotechnology

    International Nuclear Information System (INIS)

    Khader, M. M.; Kumar, Sunil; Abbasbandy, S.

    2013-01-01

    We present a new reliable analytical study for solving the discontinued problems arising in nanotechnology. Such problems are presented as nonlinear differential—difference equations. The proposed method is based on the Laplace transform with the homotopy analysis method (HAM). This method is a powerful tool for solving a large amount of problems. This technique provides a series of functions which may converge to the exact solution of the problem. A good agreement between the obtained solution and some well-known results is obtained

  6. Calculation of Rayleigh type sums for zeros of the equation arising in spectral problem

    Science.gov (United States)

    Kostin, A. B.; Sherstyukov, V. B.

    2017-12-01

    For zeros of the equation (arising in the oblique derivative problem) μ J n ‧ ( μ ) cos α + i n J n ( μ ) sin α = 0 , μ ∈ ℂ , with parameters n ∈ ℤ, α ∈ [-π/2, π/2] and the Bessel function Jn (μ) special summation relationships are proved. The obtained results are consistent with the theory of well-known Rayleigh sums calculating by zeros of the Bessel function.

  7. Legal and institutional problems facing geothermal development in Hawaii

    Energy Technology Data Exchange (ETDEWEB)

    1978-10-01

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

  8. Spectral collocation for multiparameter eigenvalue problems arising from separable boundary value problems

    Science.gov (United States)

    Plestenjak, Bor; Gheorghiu, Călin I.; Hochstenbach, Michiel E.

    2015-10-01

    In numerous science and engineering applications a partial differential equation has to be solved on some fairly regular domain that allows the use of the method of separation of variables. In several orthogonal coordinate systems separation of variables applied to the Helmholtz, Laplace, or Schrödinger equation leads to a multiparameter eigenvalue problem (MEP); important cases include Mathieu's system, Lamé's system, and a system of spheroidal wave functions. Although multiparameter approaches are exploited occasionally to solve such equations numerically, MEPs remain less well known, and the variety of available numerical methods is not wide. The classical approach of discretizing the equations using standard finite differences leads to algebraic MEPs with large matrices, which are difficult to solve efficiently. The aim of this paper is to change this perspective. We show that by combining spectral collocation methods and new efficient numerical methods for algebraic MEPs it is possible to solve such problems both very efficiently and accurately. We improve on several previous results available in the literature, and also present a MATLAB toolbox for solving a wide range of problems.

  9. Quenching rate for a nonlocal problem arising in the micro-electro mechanical system

    Science.gov (United States)

    Guo, Jong-Shenq; Hu, Bei

    2018-03-01

    In this paper, we study the quenching rate of the solution for a nonlocal parabolic problem which arises in the study of the micro-electro mechanical system. This question is equivalent to the stabilization of the solution to the transformed problem in self-similar variables. First, some a priori estimates are provided. In order to construct a Lyapunov function, due to the lack of time monotonicity property, we then derive some very useful and challenging estimates by a delicate analysis. Finally, with this Lyapunov function, we prove that the quenching rate is self-similar which is the same as the problem without the nonlocal term, except the constant limit depends on the solution itself.

  10. Iterative solution of a nonlinear system arising in phase change problems

    International Nuclear Information System (INIS)

    Williams, M.A.

    1987-01-01

    We consider several iterative methods for solving the nonlinear system arising from an enthalpy formulation of a phase change problem. We present the formulation of the problem. Implicit discretization of the governing equations results in a mildly nonlinear system at each time step. We discuss solving this system using Jacobi, Gauss-Seidel, and SOR iterations and a new modified preconditioned conjugate gradient (MPCG) algorithm. The new MPCG algorithm and its properties are discussed in detail. Numerical results are presented comparing the performance of the SOR algorithm and the MPCG algorithm with 1-step SSOR preconditioning. The MPCG algorithm exhibits a superlinear rate of convergence. The SOR algorithm exhibits a linear rate of convergence. Thus, the MPCG algorithm requires fewer iterations to converge than the SOR algorithm. However in most cases, the SOR algorithm requires less total computation time than the MPCG algorithm. Hence, the SOR algorithm appears to be more appropriate for the class of problems considered. 27 refs., 11 figs

  11. Distribution-valued weak solutions to a parabolic problem arising in financial mathematics

    Directory of Open Access Journals (Sweden)

    Michael Eydenberg

    2009-07-01

    Full Text Available We study distribution-valued solutions to a parabolic problem that arises from a model of the Black-Scholes equation in option pricing. We give a minor generalization of known existence and uniqueness results for solutions in bounded domains $Omega subset mathbb{R}^{n+1}$ to give existence of solutions for certain classes of distributions $fin mathcal{D}'(Omega$. We also study growth conditions for smooth solutions of certain parabolic equations on $mathbb{R}^nimes (0,T$ that have initial values in the space of distributions.

  12. Environmental data quality problems: ''Technical'' vs. ''legal'' defensibility

    International Nuclear Information System (INIS)

    Luker, R.S.; Brooks, M.C.; Stagg, D.D.

    1995-01-01

    Two significant aspects of environmental data quality are currently being emphasized throughout the industry as critical precursors to environmental decision making: technical integrity and legal defensibility. Because audit findings and consequent perceptions by a client often pose more questions than answers--especially with respect to the ''systemic'' nature and significance of problems based on nonstatistical, ad hoc sampling of large programs--quality assurance in environmental restoration must do more than implement traditional administrative controls. A major problem persists in achieving a consensus opinion between quality assurance and technical staff on the significance of various data problems. This case study compares and contrasts ''technical integrity'' and ''legal defensibility'', and provides performance measures developed to optimize both components in a large, complex DOE environmental restoration program. Performance measures of both administrative and technical processes are being used to ensure that conclusions drawn concerning ''systematic'' problems are not premature, and are founded on thorough, representative aspects of the program. Improved methods to reach consensus opinions on environmental decision-making are imperative and environmental data quality, the cornerstone on which the decisions are built, must be not only scientifically solid, but perceived as solid, if stakeholders are to be satisfied

  13. Genesis of scientific research of legal problems of reserves

    Directory of Open Access Journals (Sweden)

    Олександр Олександрович Пономаренко

    2017-12-01

    Full Text Available The problems of the legal status of nature reserves as objects of ecological and legal commandment are considered. One of the main directions of the modern strategy of Ukraine’s environmental policy should be the implementation of international standards in the organization and protection of nature reserves as objects of the state natural reserve fund, the improvement of legislation on the nature reserve fund in accordance with the recommendations of the Pan-European Biological and Landscape Diversity Strategy (1995 on the formation of the Pan-European Ecological Network as a single spatial system of territories of European countries with the EU or partially altered landscape. All this allowed to formulate the definition of a natural reserve as a state research institution with the status of a legal entity of national importance and performs the functions of preserving in a natural state typical or unique for the given landscape zone of natural complexes with all components of their components, the study of natural processes and phenomena, the developments in them, the development of scientific principles of environmental protection, the effective use of natural resources and environmental safety, the implementation of ecological education and education of the population in the conditions of full restriction of economic activity not connected with its functioning.

  14. Legal problems concerning the export of nuclear power plants

    International Nuclear Information System (INIS)

    Pierer, Heinrich von.

    1977-01-01

    The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

  15. On some nonlinear problems arising in the physics of ionized gases

    International Nuclear Information System (INIS)

    Hilhorst-Goldman, D.

    1981-01-01

    The author reports results obtained by rigorous analysis of a nonlinear differential equation for the electron density nsub(e) in a specific type of electrical discharge. The problem is essentially two-dimensional. She discusses in particular the escape of electrons to infinity above a critical temperature and the boundary layer exhibited by nsub(e) near zero temperature. A singular boundary value problem arising in a pre-breakdown gas discharge is discussed. A Coulomb gas is considered in a special experimental situation: the pre-breakdown gas discharge between two electrodes. The equation for the negative charge density can be formulated as a nonlinear parabolic equation degenerate at the origin. The existence and uniqueness of the solution are proved as well as the asymptotic stability of its unique steady state. Some results are also given about the rate of convergence. The variational characterisation of the limit solution of a singular perturbation problem and variational analysis of a perturbed free boundary problem are considered. (Auth./C.F.)

  16. A parallel algorithm for solving linear equations arising from one-dimensional network problems

    International Nuclear Information System (INIS)

    Mesina, G.L.

    1991-01-01

    One-dimensional (1-D) network problems, such as those arising from 1- D fluid simulations and electrical circuitry, produce systems of sparse linear equations which are nearly tridiagonal and contain a few non-zero entries outside the tridiagonal. Most direct solution techniques for such problems either do not take advantage of the special structure of the matrix or do not fully utilize parallel computer architectures. We describe a new parallel direct linear equation solution algorithm, called TRBR, which is especially designed to take advantage of this structure on MIMD shared memory machines. The new method belongs to a family of methods which split the coefficient matrix into the sum of a tridiagonal matrix T and a matrix comprised of the remaining coefficients R. Efficient tridiagonal methods are used to algebraically simplify the linear system. A smaller auxiliary subsystem is created and solved and its solution is used to calculate the solution of the original system. The newly devised BR method solves the subsystem. The serial and parallel operation counts are given for the new method and related earlier methods. TRBR is shown to have the smallest operation count in this class of direct methods. Numerical results are given. Although the algorithm is designed for one-dimensional networks, it has been applied successfully to three-dimensional problems as well. 20 refs., 2 figs., 4 tabs

  17. Economic and legal problems arising in connection with an EC tax on carbon dioxide emissions

    International Nuclear Information System (INIS)

    Ressing, W.

    1993-01-01

    Having regard to maintaining the competitiveness of the German industry, the German Federal Government decided not to start a solo attempt with introducing in Germany a tax on CO 2 emissions, but instead is backing a proposed directive of the EC Commission, suggesting such tax to be established in the EC member states. There are various concepts on the table open for debate, intended to safeguard competitiveness of the industries by a mix of principles including e.g.: conditionality, the tax to be neutral in its effect on revenue, conditions for tax relieves for energy-intensive business, and tax relieves for investment into technologies and equipment for CO 2 abatement. (orig.) [de

  18. Municipal Level of Strategic Planning: Economic and Legal Problems

    Directory of Open Access Journals (Sweden)

    Evgeniy Moiseevich Bukhvald

    2016-12-01

    Full Text Available The article focuses on the need of integration of municipal government into a unified hierarchy of strategic planning in the country. The basic positions of the acting version of the Federal law no.131 “On general principles of organization of local self-government” and the Federal law no. 172 “On strategic planning” don’t provide clear legal framework for the solution of this problem. Besides, the practical integration of municipal management into a unified hierarchy of strategic planning meets serious economic obstacles, the main of which consist in the negative situation within the system of local finance, characterized by trends of deficiency, high dependence on subsidies and, as a consequence, volatility and lack of predictability in relation to any plans and programs of long-term nature. The main idea of the article is to prove the need for a systemic approach to solving tasks, related to the integration of municipal management in a unified vertical of strategic planning in the country. The essence of this approach is the combination of a number of legal innovations in the legislation on strategic planning and local government with a set of measures, aimed to strengthen the fiscal basis of Russian local self-government together with institutional ensuring of municipal planning and its interaction with the practice of strategic planning at the level of subjects of the Russian Federation.

  19. A Multi-Depot Two-Echelon Vehicle Routing Problem with Delivery Options Arising in the Last Mile Distribution

    NARCIS (Netherlands)

    Zhou, Lin; Baldacci, Roberto; Vigo, Daniele; Wang, Xu

    2018-01-01

    In this paper, we introduce a new city logistics problem arising in the last mile distribution of e-commerce. The problem involves two levels of routing problems. The first requires a design of the routes for a vehicle fleet located at the depots to transport the customer demands to a subset of the

  20. Existence of solutions to boundary value problems arising from the fractional advection dispersion equation

    Directory of Open Access Journals (Sweden)

    Lingju Kong

    2013-04-01

    Full Text Available We study the existence of multiple solutions to the boundary value problem $$displaylines{ frac{d}{dt}Big(frac12{}_0D_t^{-eta}(u'(t+frac12{}_tD_T^{-eta}(u'(t Big+lambda abla F(t,u(t=0,quad tin [0,T],cr u(0=u(T=0, }$$ where $T>0$, $lambda>0$ is a parameter, $0leqeta<1$, ${}_0D_t^{-eta}$ and ${}_tD_T^{-eta}$ are, respectively, the left and right Riemann-Liouville fractional integrals of order $eta$, $F: [0,T]imesmathbb{R}^Nomathbb{R}$ is a given function. Our interest in the above system arises from studying the steady fractional advection dispersion equation. By applying variational methods, we obtain sufficient conditions under which the above equation has at least three solutions. Our results are new even for the special case when $eta=0$. Examples are provided to illustrate the applicability of our results.

  1. Problems of linguistic discrimination in the communicative space of Tajikistan: legal, sociolinguistic and educational aspects

    Directory of Open Access Journals (Sweden)

    Diloro Iskandarova

    2017-11-01

    Full Text Available Although it is disregarded and banned, a person can be discriminated in the society according to various attributes – due to the person's language, religion, nationality, social background. The problem touches upon not only individuals but minorities as well. Almost all states have one or several groups – minorities – that differ from the main population in ethnic, linguistic or religious lines. Most international treaties on human rights contain anti-discriminatory provisions. In addition to the main rights of the freedom of conscience, thought and associations, the principal legal guarantees for each representative of minorities consist in being treated equally by the law and courts and in equal protection of laws. The paper studies the problems of legal, sociolinguistic and educational basis of linguistic discrimination in the communicative space of Tajikistan. Linguistic discrimination and political correctness are closely connected with the language policy of the state. With exoglossic linguistic situation being characteristic for Tajikistan arises a need to study the questions related to linguistic discrimination. This will allow making certain adjustments to language building and harmonizing the ethnic and interethnic interests on the basis of a balanced and scientifically justified language policy.

  2. A Brief Study of Legal Problems in the Music Business

    Science.gov (United States)

    Shankman, Ned N.

    1977-01-01

    Individuals who go into music careers will find that they are affected and sometimes governed by particular laws and legal agreements. Provides, as an example of a legal concern of a music career, an examination of a songwriter' contract, particularly the question of sources. (Editor/RK)

  3. Problems with Legal Positivism and Tax Law

    OpenAIRE

    Bogenschneider, Bret

    2017-01-01

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

  4. 14 The Mass Media and the Problem of Understanding Legal ...

    African Journals Online (AJOL)

    User

    legal terminologies even though some are archaic or old fashioned in some ways as to .... BBC, VOA, and VON); documentary films, electronic information media, and other ..... and regulations for easy comprehension by the reading public.

  5. A current value Hamiltonian Approach for Discrete time Optimal Control Problems arising in Economic Growth

    OpenAIRE

    Naz, Rehana

    2018-01-01

    Pontrygin-type maximum principle is extended for the present value Hamiltonian systems and current value Hamiltonian systems of nonlinear difference equations for uniform time step $h$. A new method termed as a discrete time current value Hamiltonian method is established for the construction of first integrals for current value Hamiltonian systems of ordinary difference equations arising in Economic growth theory.

  6. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

  7. [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.

  8. A numerical solution of a singular boundary value problem arising in boundary layer theory.

    Science.gov (United States)

    Hu, Jiancheng

    2016-01-01

    In this paper, a second-order nonlinear singular boundary value problem is presented, which is equivalent to the well-known Falkner-Skan equation. And the one-dimensional third-order boundary value problem on interval [Formula: see text] is equivalently transformed into a second-order boundary value problem on finite interval [Formula: see text]. The finite difference method is utilized to solve the singular boundary value problem, in which the amount of computational effort is significantly less than the other numerical methods. The numerical solutions obtained by the finite difference method are in agreement with those obtained by previous authors.

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

    Science.gov (United States)

    Mika, Joseph J.; Shuman, Bruce A.

    1988-01-01

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

  10. B-spline solution of a singularly perturbed boundary value problem arising in biology

    International Nuclear Information System (INIS)

    Lin Bin; Li Kaitai; Cheng Zhengxing

    2009-01-01

    We use B-spline functions to develop a numerical method for solving a singularly perturbed boundary value problem associated with biology science. We use B-spline collocation method, which leads to a tridiagonal linear system. The accuracy of the proposed method is demonstrated by test problems. The numerical result is found in good agreement with exact solution.

  11. Proxy-produced ethnographic work: what are the problems, issues, and dilemmas arising from proxy ethnography?

    DEFF Research Database (Denmark)

    Martinussen, Marie Louise; Højbjerg, Karin; Tamborg, Andreas Lindenskov

    2018-01-01

    This article addresses the implications of research-student cooperation in the production of empirical material. For the student to replace the experienced researcher and work under the researcher’s supervision, we call such work proxy-produced ethnographic work. The specific relations...... and positions arising from such a setup between the teacher/researcher and the proxy ethnographer/student are found to have implications for the ethnographies produced. This article’s main focus is to show how these relations and positions have not distorted the ethnographic work and the ethnographies but......, rather, have oriented it in certain ways. It is shown how the participating researchers – both senior and junior - have distinctive, incorporated dispositions with which they pre-consciously participate in an implicit and subtle relation that can make it very easy to overlook distortions during...

  12. Formation of ecological and legal science: resource aspect and its integration problems

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2016-04-01

    Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

  13. A non-standard optimal control problem arising in an economics application

    Directory of Open Access Journals (Sweden)

    Alan Zinober

    2013-04-01

    Full Text Available A recent optimal control problem in the area of economics has mathematical properties that do not fall into the standard optimal control problem formulation. In our problem the state value at the final time the state, y(T = z, is free and unknown, and additionally the Lagrangian integrand in the functional is a piecewise constant function of the unknown value y(T. This is not a standard optimal control problem and cannot be solved using Pontryagin's Minimum Principle with the standard boundary conditions at the final time. In the standard problem a free final state y(T yields a necessary boundary condition p(T = 0, where p(t is the costate. Because the integrand is a function of y(T, the new necessary condition is that y(T should be equal to a certain integral that is a continuous function of y(T. We introduce a continuous approximation of the piecewise constant integrand function by using a hyperbolic tangent approach and solve an example using a C++ shooting algorithm with Newton iteration for solving the Two Point Boundary Value Problem (TPBVP. The minimising free value y(T is calculated in an outer loop iteration using the Golden Section or Brent algorithm. Comparative nonlinear programming (NP discrete-time results are also presented.

  14. On the brink: how business owners experience business-related and other legal problems

    OpenAIRE

    Balmer, N. J.; Pleasence, P.

    2017-01-01

    New analysis of LAW Survey data has identified three distinct groups among business owners according to their likelihood of experiencing business-related and other types of legal problems ‒ ‘normal’, ‘highly elevated’ and ‘extreme’. As is the case with individuals, a relatively small proportion of business owners account for the bulk of problems. Targeted legal assistance services are needed for this group.

  15. Climate is the real challenge, not shortage. New problems arising for global energy supply

    Energy Technology Data Exchange (ETDEWEB)

    Pestel, E.

    1988-11-01

    The author of the article is Professor E. Pestel who, as an executive member of the Club of Rome, belongs to the group of experts who first gave impetus to start thinking about the global problems of mankind. In his publications on the problems linked with CO/sub 2/ emission he explains the unavoidable dilemma created by the growing world population and the growing demand for energy on the one hand, and the resulting hazards to the global climate on the other. His analyses take away the soft cushion of hopeful make-believe still widespread in the Western World, and in his capacity as an expert and realist he decidedly calls for decisions and measures to tackle the problem.

  16. An inverse problem for a semilinear parabolic equation arising from cardiac electrophysiology

    Science.gov (United States)

    Beretta, Elena; Cavaterra, Cecilia; Cerutti, M. Cristina; Manzoni, Andrea; Ratti, Luca

    2017-10-01

    In this paper we develop theoretical analysis and numerical reconstruction techniques for the solution of an inverse boundary value problem dealing with the nonlinear, time-dependent monodomain equation, which models the evolution of the electric potential in the myocardial tissue. The goal is the detection of an inhomogeneity \

  17. Periodic solutions of an indefinite singular equation arising from the Kepler problem on the sphere

    Czech Academy of Sciences Publication Activity Database

    Hakl, Robert; Zamora, M.

    2018-01-01

    Roč. 70, č. 1 (2018), s. 173-190 ISSN 0008-414X Institutional support: RVO:67985840 Keywords : indefinite singularity * periodic solution * Kepler problem on S^1 Subject RIV: BA - General Mathematics OBOR OECD: Applied mathematics Impact factor: 0.963, year: 2016 https://cms.math.ca/10.4153/CJM-2016-050-1

  18. Energy Security of Russia and the EU: Current Legal Problems

    Energy Technology Data Exchange (ETDEWEB)

    Seliverstov, S.

    2009-07-01

    Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

  19. Energy Security of Russia and the EU: Current Legal Problems

    International Nuclear Information System (INIS)

    Seliverstov, S.

    2009-01-01

    Security of energy supply is a cornerstone of European energy policy. It receives specific mention both in the Constitution Treaty and in the Lisbon Treaty. Of course, energy and energy-generated revenues are vital for Russia as well. It is a common understanding that Russia and the EU are extremely interdependent in terms of energy. On the one hand, Russia is the strategic energy supplier to the EU as a whole; for some member states Russian supplies represent the only source of the external energy flows. On the other hand, the revenues generated from the west-bound supplies of oil and gas constitute a significant share of the overall export income and of the budget of Russian Federation. Taking the interdependency as a point of departure the present article answers the following questions: What are the differences and the similarities in the European and the Russian approaches towards security of energy supply? Is their understanding of energy security so different? What are the current legal instruments guiding interaction in this sphere? What are the actual trends that could give some indication of how the situation may develop in the future? - While the concepts of 'security of energy supplies' or of 'energy security' are theoretical in nature, the ways the concepts are understood and the legal framework for them directly influences the way they are applied in practice. (author)

  20. Reinforcement learning solution for HJB equation arising in constrained optimal control problem.

    Science.gov (United States)

    Luo, Biao; Wu, Huai-Ning; Huang, Tingwen; Liu, Derong

    2015-11-01

    The constrained optimal control problem depends on the solution of the complicated Hamilton-Jacobi-Bellman equation (HJBE). In this paper, a data-based off-policy reinforcement learning (RL) method is proposed, which learns the solution of the HJBE and the optimal control policy from real system data. One important feature of the off-policy RL is that its policy evaluation can be realized with data generated by other behavior policies, not necessarily the target policy, which solves the insufficient exploration problem. The convergence of the off-policy RL is proved by demonstrating its equivalence to the successive approximation approach. Its implementation procedure is based on the actor-critic neural networks structure, where the function approximation is conducted with linearly independent basis functions. Subsequently, the convergence of the implementation procedure with function approximation is also proved. Finally, its effectiveness is verified through computer simulations. Copyright © 2015 Elsevier Ltd. All rights reserved.

  1. Risks in science and technology as a legal problem

    International Nuclear Information System (INIS)

    Wagner, H.

    1980-01-01

    The author critically examines the risk concepts and grades of risk published by other authors. In his view, scientists and engineers have primary technical competency in risk assessment. Risk evaluation as an overall process of comparing rights protected by law was reserved to the executive branch of government and to the courts of law. The residual risk to be tolerated from the legal point of view, without any provision being made for cases of damage, and the type and scope of such provisions should be limited by a comparison of rights protected by law conducted in the light of the purposes of legislation, by the principle of adequacy, and by comparative risk analyses. (HSCH) [de

  2. Legal problems of doing business with foreign energy cartels

    International Nuclear Information System (INIS)

    Sayler, R.H.

    1983-01-01

    This paper focuses on the uranium cartel - or marketing arrangement as its admitted participants styled it. The clash between US antitrust laws and cartels that fix prices is examined with particular emphasis on the uranium antitrust litigation and on a US antitrust lawsuit in which the courts rejected an attack on OPEC's price-fixing and output-limitation activities. Basic legal principles pertaining to this type of litigation are explained. Even more specialized defenses are available to complicate the litigation when foreign governments are involved with the cartel: sovereign immunity, act of state, and foreign governmental compulsion. It is concluded that antitrust litigation against a foreign cartel is not impossible, but it may be unwise in the long run if it precipitates an international reversion to protectionism. 35 references

  3. Blow up of solutions to ordinary differential equations arising in nonlinear dispersive problems

    Directory of Open Access Journals (Sweden)

    Milena Dimova

    2018-03-01

    Full Text Available We study a new class of ordinary differential equations with blow up solutions. Necessary and sufficient conditions for finite blow up time are proved. Based on the new differential equation, a revised version of the concavity method of Levine is proposed. As an application we investigate the non-existence of global solutions to the Cauchy problem of Klein-Gordon, and to the double dispersive equations. We obtain necessary and sufficient condition for finite time blow up with arbitrary positive energy. A very general sufficient condition for blow up is also given.

  4. Application of spectral Lanczos decomposition method to large scale problems arising geophysics

    Energy Technology Data Exchange (ETDEWEB)

    Tamarchenko, T. [Western Atlas Logging Services, Houston, TX (United States)

    1996-12-31

    This paper presents an application of Spectral Lanczos Decomposition Method (SLDM) to numerical modeling of electromagnetic diffusion and elastic waves propagation in inhomogeneous media. SLDM approximates an action of a matrix function as a linear combination of basis vectors in Krylov subspace. I applied the method to model electromagnetic fields in three-dimensions and elastic waves in two dimensions. The finite-difference approximation of the spatial part of differential operator reduces the initial boundary-value problem to a system of ordinary differential equations with respect to time. The solution to this system requires calculating exponential and sine/cosine functions of the stiffness matrices. Large scale numerical examples are in a good agreement with the theoretical error bounds and stability estimates given by Druskin, Knizhnerman, 1987.

  5. Dresses problems arising from hot-plant operation and their solution (1961)

    International Nuclear Information System (INIS)

    Rodier, J.; Bouzigues, H.; Boutot, P.

    1961-01-01

    This article deals with effective methods to struggle radioactive contamination using rationally designed working clothes. The choice of the cloth is important and cotton, because of its absorbent properties constitutes an effective barrier to radioelements failing on its surface. Clothing the personnel of large nuclear industrial concerns is a big problem which can only be solved by carefully studied methods. The decontamination and washing of large amounts of clothes whose flow increases during periods of radio-active incidents have to be treated as are those operations in hospital laundering. Linen washing by the German counter-current method (the Sulzman system) is of great value because of the volume which can be treated and, more important, because of the small amount of liquid waste produced. Dry cleaning is certainly a method of the future and is even more economic than the preceding one. In 'active' laundries, the control of clothing for residual contamination can constitute a serious bottleneck in the production of clean clothing if automatic high-speed machines are not used. The risk to the operating personnel comes solely from contamination of the atmosphere and of the surfaces. Because of this, the plant must be considered as an active zone in which are handled several tens of millicuries of dangerous emitters and several micro- curies of plutonium daily. (authors) [fr

  6. A parameter identification problem arising from a two-dimensional airfoil section model

    International Nuclear Information System (INIS)

    Cerezo, G.M.

    1994-01-01

    The development of state space models for aeroelastic systems, including unsteady aerodynamics, is particularly important for the design of highly maneuverable aircraft. In this work we present a state space formulation for a special class of singular neutral functional differential equations (SNFDE) with initial data in C(-1, 0). This work is motivated by the two-dimensional airfoil model presented by Burns, Cliff and Herdman in. In the same authors discuss the validity of the assumptions under which the model was formulated. They pay special attention to the derivation of the evolution equation for the circulation on the airfoil. This equation was coupled to the rigid-body dynamics of the airfoil in order to obtain a complete set of functional differential equations that describes the composite system. The resulting mathematical model for the aeroelastic system has a weakly singular component. In this work we consider a finite delay approximation to the model presented in. We work with a scalar model in which we consider the weak singularity appearing in the original problem. The main goal of this work is to develop numerical techniques for the identification of the parameters appearing in the kernel of the associated scalar integral equation. Clearly this is the first step in the study of parameter identification for the original model and the corresponding validation of this model for the aeroelastic system

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1978-03-01

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

  8. Taking Tax Revenues Over Local Governments – Some Legal Problems

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2014-09-01

    Full Text Available The power of local government to take over the taxes can lead to conflicts between the local government and another local government (in whose area the property, the building, the plant, the residence and another taxable objects are located. These conflicts are not a matter of relation: the tax authority – the taxpayer. These problems concern the determination which of the local government has the power to take over the tax.

  9. An adaptive large neighborhood search heuristic for Two-Echelon Vehicle Routing Problems arising in city logistics

    Science.gov (United States)

    Hemmelmayr, Vera C.; Cordeau, Jean-François; Crainic, Teodor Gabriel

    2012-01-01

    In this paper, we propose an adaptive large neighborhood search heuristic for the Two-Echelon Vehicle Routing Problem (2E-VRP) and the Location Routing Problem (LRP). The 2E-VRP arises in two-level transportation systems such as those encountered in the context of city logistics. In such systems, freight arrives at a major terminal and is shipped through intermediate satellite facilities to the final customers. The LRP can be seen as a special case of the 2E-VRP in which vehicle routing is performed only at the second level. We have developed new neighborhood search operators by exploiting the structure of the two problem classes considered and have also adapted existing operators from the literature. The operators are used in a hierarchical scheme reflecting the multi-level nature of the problem. Computational experiments conducted on several sets of instances from the literature show that our algorithm outperforms existing solution methods for the 2E-VRP and achieves excellent results on the LRP. PMID:23483764

  10. Projected regression method for solving Fredholm integral equations arising in the analytic continuation problem of quantum physics

    International Nuclear Information System (INIS)

    Arsenault, Louis-François; Millis, Andrew J; Neuberg, Richard; Hannah, Lauren A

    2017-01-01

    We present a supervised machine learning approach to the inversion of Fredholm integrals of the first kind as they arise, for example, in the analytic continuation problem of quantum many-body physics. The approach provides a natural regularization for the ill-conditioned inverse of the Fredholm kernel, as well as an efficient and stable treatment of constraints. The key observation is that the stability of the forward problem permits the construction of a large database of outputs for physically meaningful inputs. Applying machine learning to this database generates a regression function of controlled complexity, which returns approximate solutions for previously unseen inputs; the approximate solutions are then projected onto the subspace of functions satisfying relevant constraints. Under standard error metrics the method performs as well or better than the Maximum Entropy method for low input noise and is substantially more robust to increased input noise. We suggest that the methodology will be similarly effective for other problems involving a formally ill-conditioned inversion of an integral operator, provided that the forward problem can be efficiently solved. (paper)

  11. An adaptive large neighborhood search heuristic for Two-Echelon Vehicle Routing Problems arising in city logistics.

    Science.gov (United States)

    Hemmelmayr, Vera C; Cordeau, Jean-François; Crainic, Teodor Gabriel

    2012-12-01

    In this paper, we propose an adaptive large neighborhood search heuristic for the Two-Echelon Vehicle Routing Problem (2E-VRP) and the Location Routing Problem (LRP). The 2E-VRP arises in two-level transportation systems such as those encountered in the context of city logistics. In such systems, freight arrives at a major terminal and is shipped through intermediate satellite facilities to the final customers. The LRP can be seen as a special case of the 2E-VRP in which vehicle routing is performed only at the second level. We have developed new neighborhood search operators by exploiting the structure of the two problem classes considered and have also adapted existing operators from the literature. The operators are used in a hierarchical scheme reflecting the multi-level nature of the problem. Computational experiments conducted on several sets of instances from the literature show that our algorithm outperforms existing solution methods for the 2E-VRP and achieves excellent results on the LRP.

  12. Nature Inspired Computational Technique for the Numerical Solution of Nonlinear Singular Boundary Value Problems Arising in Physiology

    Directory of Open Access Journals (Sweden)

    Suheel Abdullah Malik

    2014-01-01

    Full Text Available We present a hybrid heuristic computing method for the numerical solution of nonlinear singular boundary value problems arising in physiology. The approximate solution is deduced as a linear combination of some log sigmoid basis functions. A fitness function representing the sum of the mean square error of the given nonlinear ordinary differential equation (ODE and its boundary conditions is formulated. The optimization of the unknown adjustable parameters contained in the fitness function is performed by the hybrid heuristic computation algorithm based on genetic algorithm (GA, interior point algorithm (IPA, and active set algorithm (ASA. The efficiency and the viability of the proposed method are confirmed by solving three examples from physiology. The obtained approximate solutions are found in excellent agreement with the exact solutions as well as some conventional numerical solutions.

  13. Politico-Legal Views of A. V. Kolchak on the Problems of the Unity of Russia

    Directory of Open Access Journals (Sweden)

    Fedor S. Sosenkov

    2017-05-01

    Full Text Available The article considers political-legal views of A. V. Kolchak on problems of ensuring state unity of Russia. Some telegrams, letters, and other documents of A.V. Kolchak and his government, other leaders of the «white movement» are analyzed.

  14. The legal, moral and ethical aspects and problems of perception of information

    Directory of Open Access Journals (Sweden)

    Алла Борисовна Денисова

    2012-12-01

    Full Text Available At the present time, when the profits from crimes by means of computer technologies, according to Interpol, in third place after the income of drugs traffickers and illegal arms suppliers, the company is aware that professionals in the field of information technology alone are not enough professional knowledge and skills. In order to prevent deviant behavior in cyberspace, and the correct address ethical issues that arise in their professional activities, legal and ethical regulation of social relations in the sphere of information technologies.

  15. Legal and administrative problems related to the treatment and disposal of radioactive wastes

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1976-01-01

    The consequence of the rapid expansion of nuclear power programmes is that the quantity of radioactive wastes will increase in proportion. These wastes are produced during the different stages of the fuel cycle. The management of these wastes raises certain legal problems particularly regarding the methods for final storage or for sea disposal. All these management methods have an international incidence and these aspects must be studied in step with technical problems. (N.E.A.) [fr

  16. Legal problem research on surrogacy%代孕问题法律研究

    Institute of Scientific and Technical Information of China (English)

    杨晶

    2015-01-01

    Along with social progress and development, the application of surrogacy is increasingly frequent. It overturns original reproductive concept and way, at the same time through the existing legal system. Conduct legal research and legal problems of surrogacy regulation, is quite necessary.%随着社会的进步和发展,代孕这一人类辅助生殖技术在生活中的应用也日渐频繁.它颠覆了原有的生殖观念和方式,同时冲击着现有的法律制度.对代孕问题进行法律研究和法律规制,相当必要.

  17. Problems of legal regulation of credit organizations employees' work and the ways for their solution

    Directory of Open Access Journals (Sweden)

    Vereshak S.B.

    2016-09-01

    Full Text Available legal and organizational aspects of regulation of work of employees (serving banks and other credit organizations are considered. Specifics of activity of banks and other credit organizations attract need of improvement of the legislation governing the labor relations in this sphere for the purpose of reduction in compliance of established practices and standard legal support. Problems of absence of unity of terminology in the legal acts which are the cornerstone of regulation of work of employees of banks come to light; features of work of bank workers that doesn't allow to provide full protection of their labor law aren't defined; the set of shortcomings of system of compensation in the bank sphere takes place. Conclusions about need of improvement of the existing labor and banking legislation, and also local legal acts of banks for the sphere of the organization of work and its payment are drawn. Elimination of the revealed shortcomings, according to authors, will allow to strengthen legal guarantees of work of employees of banks.

  18. The problem of developing of readiness of the future legal psychologists to effective coping

    Directory of Open Access Journals (Sweden)

    Busarova O.R.

    2017-07-01

    Full Text Available The article substantiates the need to improve the readiness of the future legal psychologists to effective coping behavior in the light output at the present time in Russia professional standards governing the activities of professionals providing psychological assistance to minors, including those who are in legally relevant situations. The aim of the presented research - the identification of typical coping strategies for students of legal psychology in the educational practice and the analysis of the relationship of coping strategies with successful performance practices. Second-year students were diagnostic practice in various educational institutions, including schools and special schools for students with deviant behavior. Probationers acted as a psychologist, a holistic diagnostic problem solving - from the receipt of the request to make recommendations on the results of the survey. The method of content analysis was processed 41 report on the practice. Fixed mention of problematic situations that have caused negative emotions in the trainees, and mention of coping behavior. Revealed the typical difficulties of students and coping strategies when performing queries on psycho-diagnostics of children with behavioral problems. We found a significant positive correlation between the success of the implementation of practice tasks students with a variety mentioned in the report difficulties with the frequency of their appearance, as well as with a variety of coping strategies. The study offers methodological tools for the preparation of the future legal psychologists in diagnostic practice.

  19. Does legal institutionalism rule out legal pluralism?
    Schmitt’s institutional theory and the problem of the concrete order

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2011-04-01

    Full Text Available The present paper explores the background of the institutional perspective of law that Carl Schmitt develops in On The Three Types of Juristic Thought (1934, and draws a comparison between this view and the institutional theory of Santi Romano (explicitly recalled by Schmitt. In doing so, I will shed some light on the complex relation between law and pluralism. While Schmitt portrays the law as a political means for preserving identity and excluding diversity within a homogeneous community, Romano depicts law as a form of organisation which inevitably reflects the plurality of social life.To this end, I will attend to some crucial problems of social and legal theory, such as the relation between norms and normality, the role of institutions in human life, and the way the law affects and is affected by the dynamics of its social surroundings.My final goal is to show that the law does not exclude pluralism at all, but is in itself a plural phenomenon.

  20. Proposed of a new legal model in the utilization of the resources arising out of royalties by the municipalities; Proposta de um novo modelo legal no trato dos recursos advindos dos royalties por parte dos municipios beneficiados

    Energy Technology Data Exchange (ETDEWEB)

    Dantas, Daniel Ramos; Silveira Neto, Otacilio dos Santos [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil). Programa de Recursos Humanos da ANP em Direito do Petroleo e Gas Natural, PRH-36

    2008-07-01

    The Brazilian model of exploration guarantees to some cities participation in the result of the exploration of the hydro-carbons. Since the distribution of these resources meet the technical criteria, established by law, what we have is that some of these cities receives relevant values. Despite such benefits, the general feeling of the population is that these cities have not been changes, although they have larger budgets. This slice of resources to cities arising from oil exploration, through royalties, through the simplistic view of the population does not guarantee them a better condition of life. Many cities receive large sums and or have considerable budget dependence on these resources. Point paramount in the study is that the management of municipal resources is very precarious. The waste is excessive, the practices of good management are unknown or simply ignored; and dealing with public resources as if they were private is a bad spread dramatically. The exposure of a different path is always well seen and spreads hope. These cities should be examples of quality of life for its population, since it does not know the value received monthly, and much less as these amounts are applied. Through comparative studies and analysis of good means employees in the use of these resources, it is observed that there are solutions to this problem. (author)

  1. Legal problems surrounding the deregularisation of the power economy. Rechtliche Probleme einer Deregulierung der Elektrizitaetswirtschaft

    Energy Technology Data Exchange (ETDEWEB)

    Baur, J F; Moraing, M

    1994-01-01

    Numerous efforts, both national and international, are currently being undertaken to force competition in the power economy. Not the smallest contribution to greater competition is to come from granting third party access to the grid. The authors closely examine the different concepts that have been proposed in this controversial discussion. In doing so they place an emphasis on the implications the restructuring of the existing legal framework would have for constitutional law and here in particular for property rights. In conclusion, they find that a pool solution is hardly justifiable by constitutional law. Even an institutionalised third party access solution is considered practicable only if implemented with appropriate interim solutions. By contrast, the misuse concept already provided for by the law in force is judged to be worthy of further development. (orig.)

  2. The U.S. continental shelf beyond 200 nautical miles. Legal questions arising from non-accession to the UN Convention on the Law of the Sea

    OpenAIRE

    Longtain, Shay

    2015-01-01

    The elaborate legal framework contained in Part VI of the 1982 United Nations Convention on the Law of the Sea (LOSC) resembles both codification and progressive development of the law of the sea as it relates to the continental shelf. As a non-party to the Convention, the United States is only bound to those provisions which now reflect customary rules of international law or have otherwise created rights or obligations for third states. This thesis identifies several distinct components o...

  3. On the Uniqueness of Solutions of a Nonlinear Elliptic Problem Arising in the Confinement of a Plasma in a Stellarator Device

    International Nuclear Information System (INIS)

    Diaz, J. I.; Galiano, G.; Padial, J. F.

    1999-01-01

    We study the uniqueness of solutions of a semilinear elliptic problem obtained from an inverse formulation when the nonlinear terms of the equation are prescribed in a general class of real functions. The inverse problem arises in the modeling of the magnetic confinement of a plasma in a Stellarator device. The uniqueness proof relies on an L ∞ -estimate on the solution of an auxiliary nonlocal problem formulated in terms of the relative rearrangement of a datum with respect to the solution

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

    Science.gov (United States)

    Popkin, Mary; Ross, Diane

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

  5. Treatment, alcoholics anonymous, and 16-year changes in impulsivity and legal problems among men and women with alcohol use disorders.

    Science.gov (United States)

    Blonigen, Daniel M; Timko, Christine; Moos, Bernice S; Moos, Rudolf H

    2009-09-01

    The link between impulsive personality traits and alcohol use disorders (AUDs) is well established. No studies, however, have investigated whether receipt of help for AUDs predicts change in impulsivity or whether such change is associated with relevant outcomes such as legal problems. The present study examined predictive associations between the duration of help for AUDs (Alcoholics Anonymous [AA], professional treatment) and impulsivity and legal problems over 16 years in men and women with AUDs. Participants who were initially untreated for their AUDs (n(men) = 332, n(women) = 296) completed follow-up telephone interviews at 1 and 16 years after their baseline assessment. Impulsivity and legal problems declined between baseline and the 1-year and 16-year follow-ups among both women and men. A longer duration of participation in AA predicted a decline in impulsivity at both follow-up assessments, and, in turn, a decline in impulsivity predicted a decline in legal problems at Years 1 and 16. In addition, a longer duration of participation in AA predicted fewer legal problems at Year 1, and this association was moderated by gender (significant in men) and impulsivity (significant for individuals with higher baseline scores). The results highlight the potential for AA and professional treatment to reduce the expression of impulsivity and related disinhibitory traits and legal problems in individuals with AUDs.

  6. Iterative method for solving a problem with mixed boundary conditions for biharmonic equation arising in fracture mechanics

    Directory of Open Access Journals (Sweden)

    Dang Quang A

    2013-02-01

    Full Text Available In this paper we consider a mixed boundary value problem for biharmonic equation of the Airy stress function which models a crack problem of a solid elastic plate. An iterative method for reducing the problem to a sequence of mixed problems for Poisson equations is proposed and investigated. The convergence of the method is established theoretically and illustrated on many numerical experiments.

  7. Biomedical waste management - problems and perspectives: legal, administrative and fiscal viewpoint

    International Nuclear Information System (INIS)

    Jayaraman, S.; Philip, P.C.; Stephens, R.

    1983-01-01

    In recent years, the costs for the disposal of low level radioactive wastes have escalated and the states in which commercial waste disposal sites are located have also been insisting on ''hold harmless'' and indemnity agreements from the users of such sites. Coupled with the above, the uncertainty associated with the sites being kept open, has created a significant problem for the generators of low level wastes, forcing them to look for alternatives such as incineration. This paper attempts to provide an insight into the problem of low level radioactive wastes disposal from the legal, administrative and fiscal viewpoint as it pertains to statesupported teaching medical institution. Some aspects of public relations are also covered

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

    International Nuclear Information System (INIS)

    Bernhardt, R.; Rudolf, W.

    1975-01-01

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

  9. Problems and Tendencies of Development of Political and Legal Environment of Public-private Partnership in Russia

    Directory of Open Access Journals (Sweden)

    Альберт Илдусович Абдрахманов

    2013-12-01

    Full Text Available The article is dedicated to the study o/f political and legal terms for Public-Private Partnerships (PPP development while PPP becomes the issue of today for Russian political and social-economic life. The article covers particularly the analysis of the effective legislation of PPP at the federal and regional levels and appraisal of the current political trends regarding the development of legal partnership between the government and companies in the connection with the legislation. The author provides research especially of the prospects of the PPP federal Draft Law and reveals key specifics and problems of the legal environment of PPP in districts of the Russian Federation.

  10. Investigating the Difficulties and Problems Faced by the English Language Students of Al Quds Open University in Legal Translation Process

    Directory of Open Access Journals (Sweden)

    Ahmed Maher Mahmoud Al-Nakhalah

    2013-12-01

    Full Text Available Following experimental descriptive method, the paper explores the difficulties and problems faced by the English language students of Al Quds Open University in legal translation process; that is, while translating legal terms/documents from Arabic to English and from English to Arabic. A test was designed by the researcher in order to explore and investigate the difficulties and problems faced by the students. The test included four questions: 1 Translating English legal paragraph, 2 Translating Arabic legal paragraph, 3 Translating ten Arabic legal terms and 4 Translating ten English legal terms. The test was applied on the English language students of Al Quds Open University in Gaza Region in Palestine during the second course of the academic year 2010/2011. The samples of the study were chosen and selected randomly. Following suitable statistical methods, the paper offers the obtained results with critical discussion. Possible solutions, recommendations and suggestions to overcome these difficulties and problems also form important parts of the discussion in the paper.

  11. The Russian oil industry and foreign investments: legal aspects and the problem of business risk

    International Nuclear Information System (INIS)

    Konoplyanik, A.A.

    1994-01-01

    Despite the considerable potential oil resources in Russia, oil production is currently falling to the extent where, if present trends continue, imports will be necessary in the next few years in order to meet domestic demand. Foreign investment could make an effective contribution to stabilizing the Russian oil industry. The large resource base, favourable production costs, highly skilled workers and the conversion potential of the former defence industries to oil and gas equipment, are considerable attractions for foreign investors. However, for the time being there are many obstacles and uncertainties for oil and gas investment. Among these are political instability, high taxation, export tariffs, the legal environment, bureaucratic difficulties over new project negotiation, and problems related to oil and gas transportation. Current legislative activities which may lead to a better investment environment are described. (UK)

  12. Existence and nonexistence results for a singular boundary value problem arising in the theory of epitaxial growth

    Czech Academy of Sciences Publication Activity Database

    Escudero, C.; Hakl, Robert; Peral, I.; Torres, P.J.

    2014-01-01

    Roč. 37, č. 6 (2014), s. 793-807 ISSN 0170-4214 Institutional support: RVO:67985840 Keywords : singular boundary value problem * epitaxial growth * radial solution Subject RIV: BA - General Mathematics Impact factor: 0.918, year: 2014 http://onlinelibrary.wiley.com/doi/10.1002/mma.2836/full

  13. An Inventory-Routing Problem with Pickups and Deliveries Arising in the Replenishment of Automated Teller Machines

    NARCIS (Netherlands)

    van Anholt, Roel G.; Coelho, Leandro C.; Laporte, Gilbert; Vis, Iris F. A.

    The purpose of this paper is to introduce, model, and solve a rich multiperiod inventory-routing problem with pickups and deliveries motivated by the replenishment of automated teller machines in the Netherlands. Commodities can be brought to and from the depot, as well as being exchanged among

  14. An inventory-routing problem with pickups and deliveries arising in the replenishment of automated teller machines

    NARCIS (Netherlands)

    Van Anholt, Roel G.; Coelho, Leandro C.; Laporte, Gilbert; Vis, Iris F.A.

    2016-01-01

    The purpose of this paper is to introduce, model, and solve a rich multiperiod inventory-routing problem with pickups and deliveries motivated by the replenishment of automated teller machines in the Netherlands. Commodities can be brought to and from the depot, as well as being exchanged among

  15. Main Tendencies in the Problem of the Legal Collisions Study in Modern Science of the Law Theory

    Directory of Open Access Journals (Sweden)

    Kristina V. Ahmetjanova

    2015-06-01

    Full Text Available In the article the main tendencies within studying of problems of legal collisions in modern jurisprudence are considered. The main attention is paid to a question of consideration of the specified problem from a position of various types of law understanding. By results of the conducted research, author comes to a conclusion that the most part of researches on problems of collisions in law is sustained in the spirit of legal positivism, however there is a number of works in which attempt of consideration of legal collisions from a position of sociological type of understanding of the right is traced. Tendency, according to the author, is the most significant and the specified subject having a certain potential to carrying out further actual researches on.

  16. LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    R. R. Kalinina

    2014-10-01

    Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

  17. Computing the full spectrum of large sparse palindromic quadratic eigenvalue problems arising from surface Green's function calculations

    Science.gov (United States)

    Huang, Tsung-Ming; Lin, Wen-Wei; Tian, Heng; Chen, Guan-Hua

    2018-03-01

    Full spectrum of a large sparse ⊤-palindromic quadratic eigenvalue problem (⊤-PQEP) is considered arguably for the first time in this article. Such a problem is posed by calculation of surface Green's functions (SGFs) of mesoscopic transistors with a tremendous non-periodic cross-section. For this problem, general purpose eigensolvers are not efficient, nor is advisable to resort to the decimation method etc. to obtain the Wiener-Hopf factorization. After reviewing some rigorous understanding of SGF calculation from the perspective of ⊤-PQEP and nonlinear matrix equation, we present our new approach to this problem. In a nutshell, the unit disk where the spectrum of interest lies is broken down adaptively into pieces small enough that they each can be locally tackled by the generalized ⊤-skew-Hamiltonian implicitly restarted shift-and-invert Arnoldi (G⊤SHIRA) algorithm with suitable shifts and other parameters, and the eigenvalues missed by this divide-and-conquer strategy can be recovered thanks to the accurate estimation provided by our newly developed scheme. Notably the novel non-equivalence deflation is proposed to avoid as much as possible duplication of nearby known eigenvalues when a new shift of G⊤SHIRA is determined. We demonstrate our new approach by calculating the SGF of a realistic nanowire whose unit cell is described by a matrix of size 4000 × 4000 at the density functional tight binding level, corresponding to a 8 × 8nm2 cross-section. We believe that quantum transport simulation of realistic nano-devices in the mesoscopic regime will greatly benefit from this work.

  18. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

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

  19. Protection of children's rights in the health care: problems and legal issues.

    Science.gov (United States)

    Pashkov, Vitaliy; Olefir, Andrii

    Introduction: Among all categories of patients children (minors) must be protected first. It is caused so by the specificity of the treatment, their vulnerability, the need of further protection and supervision. Providing of medical care services for children are often connected with the risks of the process of treatment, and of the drug usage. The aim: To identify the problems associated with the protection of the rights of minors and, on the basis of this, the basic guarantees of their rights, as well as mark the trends in the practice of ECHR. Materials and Methods: The study is based on its own theoretical and empirical basis. The theoretical basis include scientific articles, expert reviews of legislation and communications of non-governmental organisations, and empirical - decisions of the ECHR, international legal acts and directives of the EU. Results: The main violations of the rights of minor children include the following: - legal representatives of children do not take to the account their interests (refusal of medical intervention or the choice of certain method of interference); - medical intervention under the influence of coercion; - providing of unwarranted medical care without the corresponding testimony; - providing of inadequate medical care: when the patient was only examined and ineffective treatment was prescribed, and others. As for mentally ill children, the following rights are usually violated: for life, for a fair trial. It has been proved that defects in the provision of health care are often predetermined by the poor state logistics of hospitals, lack of financing and appropriate pediatric medicines, outdated methods of treatment, and incompetence of some doctors. Conclusions: From the point of view of protecting the rights of minors, the rights of children in medicine can be classified into universal and special. The rights correspond not only to the corresponding duties of medical staff, but also of their parents (legal

  20. PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

    Directory of Open Access Journals (Sweden)

    Irina Glazunova

    2017-01-01

    Full Text Available The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the

  1. The Clean Development Mechanism as a governance problem. Compensate deficits as well as Europe legal and international legal further progress of climate protection regarding to Copenhagen and Cancun; Der Clean Development Mechanism als Governance-Problem. Steuerungsdefizite sowie europarechtliche und voelkerrechtliche Weiterentwicklungen des Klimaschutzes nach Kopenhagen und Cancun

    Energy Technology Data Exchange (ETDEWEB)

    Ekardt, Felix; Exner, Anne-Katrin [Rostock Univ. (Germany). Forschungsgruppe Nachhaltigkeit und Klimapolitik

    2011-04-15

    The authors of the contribution analyze the developments in law, legal interpretation issues as well as climate political and development political effects of the Clean Development Mechanism (CDM) as an element of transnational climate change law which is associated with the states and emission trading (ETS). In the basic intention CDM shall achieve a climate-neutral reduction of costs of climate policy at the simultaneous promotion of development political goals where industrial countries may provide their global or European targets of reduction in part by means of measures in emerging or developing countries rather than by means of local climate protection. However, the specific CDM projects prove to be questionable with respect to the climate policy and development policy. This also is related to enforcement problems that represent a variant of the general environment legal problem of the latent 'interest identity of inspectors and controlled persons'. The proposed European legal and the possible international (land use related) developments of the CDM since 2013 and currently in Cancun probably will not change essentially the fundamental but intensify it even more. With all that, at the same time a kind of exemplary governance analysis arises in the context of the ETS by means of one essential part of its aspects - as well as generally in the context to the perspectives of climate policy according to Cancun.

  2. Security problems arising from the use of radioactive sources in the study of the wear in refractory linings

    International Nuclear Information System (INIS)

    Courtois, G.; Hours, R.; Le Clerc, P.; Pons, A.

    1960-01-01

    The determination of the wear in refractories is a problem to which these are at present only a few solutions, and these limited or delicate to use. That is the reason why the use of radioactive tracers contained in the refractory has met with rapid success. Unfortunately, the development of the method has been retarded by the need to limit severely the amounts of radioelement incorporated and also by the observation that diffusion of the radioactive product occurred in the refractory. As a result, the limiting amount of 1 mc/500 metric tons of cast-iron has been adopted in France, with the proviso that no single source exceeds 3 mc. Further, we have made special sources with a view to avoiding diffusion phenomena. The essential feature of these sources is that they use pyro-ceramic a non porous material having a high melting point and being, very inert chemically. In these sources, the radioelement can either be entirely encased in the pyro-ceramic or be an integral part of its composition. A comparative study of the two types of sources is actually under way. (author) [fr

  3. Legal problems in the concretisation of the fundamental requirements on radiation protection. 1. paper

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

    The author deals with questions of radioecological regulations based on Sect. 45 p. 2 of the Radiation Protection Ordinance, emphasizing its significance for the transparency of decision-making processes under the Atomic Energy Law - which is not only a legally relevant aspect in the interest of debunking the discussion on nuclear energy utilization, but also under constitutional criteria of legal clarity. (HP) [de

  4. Investigation on legal problems encountered by emergency medicine physicians in Turkey.

    Science.gov (United States)

    Kayipmaz, Afsin Emre; Kavalci, Cemil; Gulalp, Betul; Kocalar, Ummu Gulsum; Giray, Tufan Akin; Yesilagac, Hasan; Ozel, Betul Akbuga; Celikel, Elif; Karagun, Ozlem

    2015-01-01

    Medicine is a profession that carries certain risks. One risky area of practice is the emergency department. Emergency physicians diagnose and treat a high volume of patients, and are also responsible for preparing reports for forensic cases. In this study, we aim to investigate emergency physicians' legal-administrative problems and reveal their level of understanding on forensic cases. An electronic questionnaire form was prepared after the approval of an ethical committee. This form was sent to the residents, specialists and academicians of emergency medicine by e-mail. The physicians were asked to fill out the form online. All the gathered data was analyzed. Descriptive statistics were presented as frequency percentages with mean and standard deviation. Chi-square tests were used to compare the groups. Correlation between number of complaint cases and age, sex, career, institution, and duration of service in emergency department were investigated. pmedicine and age. There was a significant difference between number of complaint reports and career (p<0.05). The physicians' level of awareness on forensic cases was found to be insufficient. Lack of legislation knowledge may be an important cause of complaint reports concerning emergency physicians, who have a high load of patients. Thus, we think that increasing the frequency of post-graduate education sessions and periodical reviews might be beneficial.

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

    Directory of Open Access Journals (Sweden)

    O. O. Chernaya

    2015-01-01

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

  6. Investigation on legal problems encountered by emergency medicine physicians in Turkey.

    Directory of Open Access Journals (Sweden)

    Afsin Emre Kayipmaz

    Full Text Available Medicine is a profession that carries certain risks. One risky area of practice is the emergency department. Emergency physicians diagnose and treat a high volume of patients, and are also responsible for preparing reports for forensic cases. In this study, we aim to investigate emergency physicians' legal-administrative problems and reveal their level of understanding on forensic cases.An electronic questionnaire form was prepared after the approval of an ethical committee. This form was sent to the residents, specialists and academicians of emergency medicine by e-mail. The physicians were asked to fill out the form online. All the gathered data was analyzed. Descriptive statistics were presented as frequency percentages with mean and standard deviation. Chi-square tests were used to compare the groups. Correlation between number of complaint cases and age, sex, career, institution, and duration of service in emergency department were investigated. p<0.05 was considered statistically significant.294 physicians participated in the questionnaire. According to the questionnaire, 170 of the physicians were reported to the patient communication units due to medical malpractice. Mean number of compliant reports was 3.20±3.5. 29 of the physicians received administrative penalties. 42 of the physicians were judged in the court for medical malpractice. 1 physician was fined 5000 Turkish Liras as a result of these judgments.We found that the number of complaint reports is negatively correlated with duration of service in emergency medicine and age. There was a significant difference between number of complaint reports and career (p<0.05. The physicians' level of awareness on forensic cases was found to be insufficient. Lack of legislation knowledge may be an important cause of complaint reports concerning emergency physicians, who have a high load of patients. Thus, we think that increasing the frequency of post-graduate education sessions and

  7. e-Learning strategies in occupational legal medicine based on problem solving through "CASUS" system.

    Science.gov (United States)

    Martínez-Jarreta, B; Monsó, E; Gascón, S; Casalod, Y; Abecia, E; Kolb, S; Reichert, J; Radon, K

    2009-04-01

    The use of online teaching tools facilitate the incorporation of self-learning methods. With a view to encouraging convergence in teaching tools and methods in Occupational Legal Medicine, an initiative was set up within the classes of Legal and Forensic Medicine at Saragossa University, as part of the EU funded NetWoRM project, which has been led since 1999 by Ludwig-Maximilians-Universität in Munich (Germany). The interest of medical students in Occupational Legal Medicine has so far been low and in addition different aspects complicate the teaching of Occupational Legal Medicine at medical schools: One reason for the low interest is the limited availability of bedside teaching, one of the students' most favourite and effective way to learn. The reason for that is that most medical schools with occupational departments only have outpatient clinics. "Interesting" patients who be need for educational purposes are therefore only available for a limited part of the day. However, in order to recognize and prevent occupational disorders each medical student and physician needs profound clinical knowledge in Occupational Legal Medicine. This project has proven to be highly efficient in permitting the creation and validation of teaching tools which cover and improve the traditional training of the Occupational Legal Medicine programme imparted in the degree of Medicine.

  8. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  9. Ethical problems arising from the use of placebo in clinical trials with drugs for migraine. Their analysis by the moral deliberation method.

    Science.gov (United States)

    Frías, J; Pascual, J; Lahuerta, J; Gracia, D; Dal-Ré, R

    2011-03-01

    Migraine is characterised as episodes of headache plus a variety of accompanying symptoms. Its pharmacological control remains unsatisfactory for some patients. The use of placebo in drug clinical trials on migraine commonly leads to numerous ethical uncertainties. The purpose of this paper is to illustrate how the deliberation method helps in analysing the issues and finding solutions to selected ethical problems. Ethical decisions that try to solve conflicts arising from placebo use in clinical trials may be adopted using the moral deliberation method. Thus, the conflict is systematically assessed by identifying the following: Relevant facts; Values in conflict; Duties, or in other words, possible courses of action. Moral duty is following the optimal course of action. To identify this, it is recommended to state extreme courses of action, then intermediate courses of action, and then to proceed to the optimal course(s) of action. In this paper, the application of this method is shown in several conflicting situations arising in two placebo-controlled clinical trials with drugs under development for the prophylaxis and acute treatment of migraine. Copyright © 2010 Sociedad Española de Neurología. Published by Elsevier Espana. All rights reserved.

  10. Legal problems raised in Italy by the ratification of the Convention in Physical Protection - implications in Europe

    International Nuclear Information System (INIS)

    Albano, R.; Crocenzi, G.

    1983-01-01

    This paper examines the legal problems which arose in Italy when the Convention on the Physical Protection of Nuclear Material, opened for signature in 1980, was ratified by that country in 1982. The purpose and background of the Convention and its relationship with other international regulations, in particular in the field of transport, are analysed in detail. Finally, the paper reviews the main European laws (French, German and British) on physical protection of nuclear material. (NEA) [fr

  11. Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

    Directory of Open Access Journals (Sweden)

    Д. М. Мікулин

    2015-11-01

    Full Text Available Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law; legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not

  12. To the problem of improving normative legal basis of organization of local self-government in Russia

    Directory of Open Access Journals (Sweden)

    Olga Bazhenova

    2017-01-01

    Full Text Available The subject. The crisis of local self-government actualizes the problem of effectiveness oflegal regulation of the issues of its organization.The purpose of the paper is evaluation of the effectiveness of the regulatory framework forthe organization of local government.The methodology of research includes systematic analysis, formal legal method, interpretationof legislation.The results and scope of application. The crisis of local self-government actualizes the problemof effectiveness of legal regulation of the issues of its organization. Evaluation of theeffectiveness of the regulatory framework for the organization of local government is reducedto two questions: what are the limits of state legal regulation and what are the beginningof the division of powers on the organization of local government between the RussianFederation and the subjects of the Russian Federation.Recognizing the optimal legislative approach to the definition of the limits of state regulation,which assumes the creation at the federal level of a full-fledged legal mechanism for the implementationof local self-government, subject to its combination with the beginning of municipalself-regulation, the author criticizes the legislative approach to delineating the powersto organize local self-government between the Federation and the subjects of the Federation.Conclusions. Due to the legislative formula, according to which the scope of regional powersdepends on the discretion of the federal legislator, the local self-government turned out tobe "hostage" to the emerging federal relations.

  13. Dresses problems arising from hot-plant operation and their solution (1961); Les problemes vestimentaires poses par l'exploitation des installations actives et leurs solutions (1961)

    Energy Technology Data Exchange (ETDEWEB)

    Rodier, J; Bouzigues, H; Boutot, P [Commissariat a l' Energie Atomique, Centre de Production de Plutonium, Marcoule (France). Centre d' Etudes Nucleaires

    1961-07-01

    This article deals with effective methods to struggle radioactive contamination using rationally designed working clothes. The choice of the cloth is important and cotton, because of its absorbent properties constitutes an effective barrier to radioelements failing on its surface. Clothing the personnel of large nuclear industrial concerns is a big problem which can only be solved by carefully studied methods. The decontamination and washing of large amounts of clothes whose flow increases during periods of radio-active incidents have to be treated as are those operations in hospital laundering. Linen washing by the German counter-current method (the Sulzman system) is of great value because of the volume which can be treated and, more important, because of the small amount of liquid waste produced. Dry cleaning is certainly a method of the future and is even more economic than the preceding one. In 'active' laundries, the control of clothing for residual contamination can constitute a serious bottleneck in the production of clean clothing if automatic high-speed machines are not used. The risk to the operating personnel comes solely from contamination of the atmosphere and of the surfaces. Because of this, the plant must be considered as an active zone in which are handled several tens of millicuries of dangerous emitters and several micro- curies of plutonium daily. (authors) [French] Ce memoire traite des moyens efficaces de lutte contre la contamination radioactive que peuvent offrir des vetements de travail de conception rationnelle. Le choix du tissu est un element important et la fibre de coton, par ses proprietes absorbantes, constitue un excellent barrage aux radioelements deposes a sa surface. L'habillement du personnel des grands ensembles industriels de l'energie atomique est un gros probleme qui ne peut etre solutionne qu'avec des moyens soigneusement etudies. La decontamination et le lavage des grandes quantites de vetements renouveles a cadence

  14. Dresses problems arising from hot-plant operation and their solution (1961); Les problemes vestimentaires poses par l'exploitation des installations actives et leurs solutions (1961)

    Energy Technology Data Exchange (ETDEWEB)

    Rodier, J.; Bouzigues, H.; Boutot, P. [Commissariat a l' Energie Atomique, Centre de Production de Plutonium, Marcoule (France). Centre d' Etudes Nucleaires

    1961-07-01

    This article deals with effective methods to struggle radioactive contamination using rationally designed working clothes. The choice of the cloth is important and cotton, because of its absorbent properties constitutes an effective barrier to radioelements failing on its surface. Clothing the personnel of large nuclear industrial concerns is a big problem which can only be solved by carefully studied methods. The decontamination and washing of large amounts of clothes whose flow increases during periods of radio-active incidents have to be treated as are those operations in hospital laundering. Linen washing by the German counter-current method (the Sulzman system) is of great value because of the volume which can be treated and, more important, because of the small amount of liquid waste produced. Dry cleaning is certainly a method of the future and is even more economic than the preceding one. In 'active' laundries, the control of clothing for residual contamination can constitute a serious bottleneck in the production of clean clothing if automatic high-speed machines are not used. The risk to the operating personnel comes solely from contamination of the atmosphere and of the surfaces. Because of this, the plant must be considered as an active zone in which are handled several tens of millicuries of dangerous emitters and several micro- curies of plutonium daily. (authors) [French] Ce memoire traite des moyens efficaces de lutte contre la contamination radioactive que peuvent offrir des vetements de travail de conception rationnelle. Le choix du tissu est un element important et la fibre de coton, par ses proprietes absorbantes, constitue un excellent barrage aux radioelements deposes a sa surface. L'habillement du personnel des grands ensembles industriels de l'energie atomique est un gros probleme qui ne peut etre solutionne qu'avec des moyens soigneusement etudies. La decontamination et le lavage des grandes quantites de vetements

  15. Social Reform Groups and the Legal System: Enforcement Problems. Discussion Paper No. 209-74.

    Science.gov (United States)

    Handler, Joel F.

    During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups…

  16. Stalking. Part II: Victims' problems with the legal system and therapeutic considerations.

    Science.gov (United States)

    Abrams, K M; Robinson, G E

    1998-06-01

    This paper is the second of 2 parts reviewing the topic of stalking. It focuses on victims difficulties with the legal system and the psychotherapeutic tasks for victims and therapists. Computerized literature searches were used to identify relevant papers from psychiatric and legal journals. Publications by victims' and women's organizations provided additional information. Victims suffer emotional consequences from being stalked. Additional stress is caused by the legal system's lack of understanding of the causes and consequences of stalking and inadequate and unenforced laws. The treatment of victims requires a comprehensive approach, including education, supportive psychotherapy, and discussion of practical measures. Therapists may overidentify with the patient's powerlessness or hesitate to take on a case out of fear of the stalker. Female therapists may protect themselves against the realization of their own vulnerability by blaming the victim, while male therapists may feel defensive or overprotective. Stalking is a crime with major mental health consequences which is often poorly understood by society. Therapists need to be aware of the victim's emotional reactions, the types of legal and practical supports available, and the possible biases of society. Further education and research should be encouraged.

  17. Scientific-practical and legal problems of implementation of the personalized medicine.

    Science.gov (United States)

    Bezdieniezhnykh, N O; Reznikova, V V; Rossylna, O V

    2017-09-01

    The article is devoted to the comprehensive analysis of scientific, practical and legal issues of personalized medicine that is a rapidly developing science-driven approach to healthcare. It is concluded that there is lack of general legal framework for the encouragement of scientific researches and practical implementation in this field. The article shows foreign experience and prospects for the introduction of personalized medicine as a key concept of healthcare system, which is based on a selection of diagnostic, therapeutic and preventive measures that would be the most effective for a particular person in view of individual characteristics. The conclusions and proposals to improve the current legislation and development of personalized medicine in Ukraine are suggested.

  18. A Spectral Multi-Domain Penalty Method for Elliptic Problems Arising From a Time-Splitting Algorithm For the Incompressible Navier-Stokes Equations

    Science.gov (United States)

    Diamantopoulos, Theodore; Rowe, Kristopher; Diamessis, Peter

    2017-11-01

    The Collocation Penalty Method (CPM) solves a PDE on the interior of a domain, while weakly enforcing boundary conditions at domain edges via penalty terms, and naturally lends itself to high-order and multi-domain discretization. Such spectral multi-domain penalty methods (SMPM) have been used to solve the Navier-Stokes equations. Bounds for penalty coefficients are typically derived using the energy method to guarantee stability for time-dependent problems. The choice of collocation points and penalty parameter can greatly affect the conditioning and accuracy of a solution. Effort has been made in recent years to relate various high-order methods on multiple elements or domains under the umbrella of the Correction Procedure via Reconstruction (CPR). Most applications of CPR have focused on solving the compressible Navier-Stokes equations using explicit time-stepping procedures. A particularly important aspect which is still missing in the context of the SMPM is a study of the Helmholtz equation arising in many popular time-splitting schemes for the incompressible Navier-Stokes equations. Stability and convergence results for the SMPM for the Helmholtz equation will be presented. Emphasis will be placed on the efficiency and accuracy of high-order methods.

  19. General characteristics and types of subjective duties in corporate legal relations

    OpenAIRE

    Надьон, Вікторія Валентинівна

    2017-01-01

    The processes of reforming social relations in the conditions of integration ofUkraine's economic system into the European community call for the improvement of domestic legislation in this area and the scientific substantiation of the legal problems that arise there. One of these problems is the essence of subjective responsibility in corporate legal relations.Legislative regulation of corporate legal relations takes place through the establishment of certain rights and responsibilities for ...

  20. The Legal Policy of Corporation Legal Standing as Rechtspersoon at Indonesian Criminal Justice System

    OpenAIRE

    Maryono Maryono; Yuhelson Yuhelson

    2016-01-01

    Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by bus...

  1. The GIN legal problems of multi-parties at the drill site

    International Nuclear Information System (INIS)

    Case, C.W.

    1991-01-01

    The presence of multiple parties working at a drilling site complicates the application of the environmental laws, rules and regulations. A critical decision prior to any physical activities needs to be made as to which person (i.e., company, partnership) will be charged with the obligation of being the designated Generator of hazardous waste for that site. This critical decision is dictated by the refusal of the EPA to assign more than one EPA Generator Identification Number (GIN) to a single drilling site. The decision as to which member of the multiple parties presence at the drill site will obtain the GIN has liability ramifications when a mistake is made in the cleanup of spilled hazardous waste or hazardous substances; an improper situation arises as to the transportation, storage, treatment and disposal of hazardous waste; the waste is improperly classified, or the biennial reporting of hazardous waste activities does not occur. Liability issues arise that go far beyond the ordinary contractual disputes seen in the past arising from drilling activities, with liability in some situations well in excess of any damage claims normally allowed under common law or statutory law in the State of Texas for non-environmental disputes. This paper reviews the liabilities and responsibilities of oil and gas drillers under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act

  2. The fuel element of the first charge for EL 4; presentation, main problems arising in the research, production problems; L'element combustible du 1. jeu de EL 4; presentation, problemes essentiels poses par l'etude, problemes de fabrication

    Energy Technology Data Exchange (ETDEWEB)

    Ringot, C; Bailly, H; Bujas, R [Commissariat a l' Energie Atomique, Saclay (France). Centre d' Etudes Nucleaires

    1964-07-01

    The fuel element making up the first charge for EL-4 is made of slightly enriched uranium oxide canned in stainless steel. This fuel element makes it possible to operate the reactor in the safest conditions awaiting the development of the fuel which will be finally adopted; this will have a low absorption can: beryllium, or a zirconium copper alloy. The 500 mm assembly is made up of 19 small rods placed on 3 rings, inside a graphite jacket. The solution adopted was a solution using completely independent small rods. This report deals with possible problems resulting from their study and production. (authors) [French] L'element combustible du 1er jeu EL-4 est un element combustible a oxyde d'uranium legerement enrichi gaine d'acier inoxydable. C'est un element combustible permettant de faire fonctionner le reacteur EL 4 dans des conditions aussi sures que possible avant de mettre au point le combustible definitif qui sera a gaine peu absorbante: beryllium, ou alliage zirconium-cuivre. L'assemblage de longueur 500 mm est constitue de 19 crayons places sur 3 couronnes, a l'interieur d'une chemise de graphite. La solution adoptee a ete une solution a crayons independants les uns des autres. Ce rapport traite des problemes eventuels poses par leur etude et leur fabrication. (auteurs)

  3. Crossing the line: the legal and ethical problems of foreign surrogacy.

    Science.gov (United States)

    Gamble, Natalie

    2009-08-01

    UK law has for many years taken a careful approach to surrogacy, neither banning it nor allowing it to develop unrestrictedly. This careful middle approach seeks to balance permitting what may be a last hope for infertile couples against a wider public policy that bars commercialized reproduction: surrogacy is allowed in the UK, provided it is consensual and involves the payment of no more than reasonable expenses. But in an increasingly globalized world, patients are crossing borders for treatment, often to places where such restrictions on the commerciality or enforceability of surrogacy arrangements do not apply. The resulting conflicts of law can be a minefield, and this makes the maintenance of the UK's careful legal balance increasingly untenable.

  4. The current legal situation relating to food irradiation as assessed by the Land Government

    International Nuclear Information System (INIS)

    Frede, W.

    1994-01-01

    Discussed is the current legal situation of food irradiation procedures as assessed by the Government of Northrhine-Westfalia. The topics highest on the agenda are the unrestrained exchange of merchandise within the Internal Market and the problems arising from deviating legal stipulations in the individual EU member states. (vhe) [de

  5. Legal problems in the concretisation of the fundamental requirements on radiation protection. 2. paper

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

    In contrast to justice administered by the Higher Administrative Court of Lueneburg, the author is of the opinion that the individual third party complaing within the framework of the rule to minimize radiation exposure laid down in the Radiation Protection Ordinance cannot refer to risks the population might be exposed to. This is the imperative consequence of the legal system which protects the individual. The fact that - contrary to the position held by the Higher Administrative Court of Lueneburg - Sections 45 and 46 of the Radiation Protection Ordinance include emissions caused by accidents is demonstrated by giving a word-for-word, systematical and teleological interpretation, using painstaking methods. The same goes for the importance of accident doses planned in Sect. 28 of the Radiation Protection Ordinance. To the extent to which it examines the import the basis of authorization would have for a radioecological ordinance, this contribution helps to understand the principles that govern radiation protection and the importance they have for licensing procedures under the Atomic Energy Law in general. (HP) [de

  6. The Legal Problems about Surrogacy Contract%代孕合同之法律问题探讨

    Institute of Scientific and Technical Information of China (English)

    余艳清

    2012-01-01

    我国法律时代孕采取禁止态度。从而使日渐增多的代孕现象呈现无法可依的状态。妊娠代孕具有合法的权利基础。符合公序良俗。能稳定婚姻家庭,应承认其合法性。要从根本上解决代孕所带来的一系列法律问题,在我国未来立法中代孕合同不应只限定在无偿代孕中。还应该明确承认部分商业代孕合同的法律地位。在未来立法中,我国应对代孕合同的主体资格、基本原则、记我事项、代孕母的堕胎权、违约责任等进行全面、系统的规定。%The law is to prohibit surrogacy in our country. Thereby the increasing surrogate phenomenon appears no laws to abide by. The pregnancy surrogacy has the basis of legal right, which is consistent with the public order and the good custom, and is also beneficial to the stability of marriage household; therefore, it should be acknowledged in its legal status. To radically solve a series of legal problems that the surrogate has brought about, in the future legislation, the contracts about surrogacy should not be limited within that of no payment, but also clearly acknowledge the legal status about part of commercial surrogacy contract. In the future legislation, the surrogacy contract about main qualification, basic principle, record items, the pregnant women's rights of abortion, and responsibility of breaking a contract and so on should be stipulated comprehensively and systematically.

  7. The protection of operating personnel in nuclear power plants against the risk of nuclear incidents and ionizing radiation arising from normal operation of the plant. Rules and problems

    International Nuclear Information System (INIS)

    Ortore, F.; Scalera, D.

    1980-03-01

    After an analysis of the nuclear third party liability insurance policy to be taken out in Italy in implementation of Act no. 1860 of 31 December 1962 and Decree No. 519 of 10 May 1979, the collective policy against radiation injuries taken out for operating personnel in nuclear installations is described. The author is in favour of further harmonization of the legal system presently in force in this respect. (NEA) [fr

  8. Historians and the Problem of Rights: From the Perspective of Comparative Studies of Legal History

    Institute of Scientific and Technical Information of China (English)

    ChenYing,; ZhaoBaohua; DavidKelly

    2004-01-01

    Selecting the right angle to approach a question is critical for any branch of learning, and it is no accident that today's Chinese historians take the problem of rights as a starting point for their research. When the method chosen answers the question, the research is capable of satisfying practical social development needs.

  9. Problems of Linguistic Discrimination in the Communicative Space of Tajikistan: Legal, Sociolinguistic and Educational Aspects

    Science.gov (United States)

    Iskandarova, Diloro; Ladygina, Olga; Shambezoda, Khusrav; Zolotukhin, Alexey; Abdukhamitov, Valijon

    2017-01-01

    Although it is disregarded and banned, a person can be discriminated in the society according to various attributes--due to the person's language, religion, nationality, social background. The problem touches upon not only individuals but minorities as well. Almost all states have one or several groups--minorities--that differ from the main…

  10. Legal and administrative problems in regulating public participation in licensing of nuclear installations

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1981-10-01

    This general analysis of the question of public acceptance of nuclear activities focuses on the problems met by all governmental authorities in implementing their nuclear programmes. The author highlights the need for more specific regulations aimed at guaranteeing fuller information of the public and ensuring closer participation by it. (NEA) [fr

  11. Legal control scenario applied to embedded software in measuring instruments

    International Nuclear Information System (INIS)

    Castro, C.G. de; Brandao, P.C.; Leitao, F.O.

    2013-01-01

    This paper presents a scenario of legal control of software in measuring instruments. Such control is hampered by intrinsic problems related to software analysis and verification. To circumvent these difficulties, several projects are being developed to attack different stages of legal control, such as the model type approval, periodic verifications and metrological expertise. The proposals that will arise from these projects will be discussed among the parts and may be incorporated into the measuring instruments. (author)

  12. RESEARCH ON THE LEGAL PROBLEMS OF THE PORT MANAGEMENT SYSTEM IN JAPAN

    OpenAIRE

    TAKAHASHI, Koji; KASUGAI, Yasuo; FUKUDA, Isao

    2014-01-01

    Across the world, port management is increasingly adopting a scheme of separatinginfrastructure and operations. In the midst of this global trend, Japan experienced the Great Hanshin andAwaji Earthquake in 1995 and the Great East Japan Earthquake in 2011, both of which devastated majorports, forcing Japan to face challenges related to its port management system. In addition, with majorearthquakes expected to strike again in the future, it is urgent for Japan to solve the current problems. Jap...

  13. International legal problem in combating 'Islamic State' terrorist group in Syria

    Directory of Open Access Journals (Sweden)

    Stevanović Miroslav

    2015-01-01

    mechanism for effective implementation of previous, unarmed, measures, but also reaching consensus on the functioning of the collective security system, because if there is no protection of states and citizens from violence, the question arises of the reasons for the existence of the system itself.

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

    OpenAIRE

    Cheng, Jia

    2010-01-01

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

  15. Osteoporosis: A Future Public Health Problem for Israel? Medical and Legal Obligations.

    Science.gov (United States)

    Weisz, George M

    2017-04-01

    Starvation in early life can lead to premature metabolic syndrome and bone demineralization. Osteoporosis in the Jewish population may not yet be a recognized syndrome, but the harsh conditions to which Holocaust survivors were exposed may have increased the incidence of the condition. Immigrants and refugees who came to Israel from East Africa and Yemen - whether decades ago or more recently - may have been at increased risk of under-nutrition during pregnancy, affecting both the mother and consequently the offspring. This malnutrition may be further exacerbated by rapid overfeeding in the adopted developed country. This problem was also recognized at the turn of the 21st century in poor and underdeveloped countries and is becoming a global public health issue. In this review, the risks for premature metabolic syndrome and bone demineralization are enumerated and preventive measures outlined.

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

    International Nuclear Information System (INIS)

    Barmin, A.; Doeh, D.

    1994-01-01

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

  17. Legal Sentience and the Problem of the Instant: A Critical Assessment of the Temporal Structure of Precedent and its Implications for Legal Authority

    OpenAIRE

    Wargan, Pawel

    2015-01-01

    This paper assesses the authority of precedent from a phenomenological standpoint. Phenomenology distinguishes between two temporal models. One describes time in an idealised form, as a divisible chain of instants or events. The other looks at lived temporality as fluid and indivisible duration. In the system of precedent, we witness an interaction of both models. The legal order is constructed from slices in time that become the building blocks of future judgments. Precedents are binding for...

  18. Study of the legal problems raised by the siting of nuclear power stations in artificial islands

    International Nuclear Information System (INIS)

    Hebert, J.; Guieze, J.L.

    1975-01-01

    The creation and operation of a nuclear power station on an artificial island in French waters are governed by domestic law and are subject to two types of procedure: the first concerns erection of the artificial island and the second the control of the public authorities over creation and operation of the nuclear power station. At administrative level, the setting up of an artificial island requires that it be attached to a commune as well as permission for occupancy from the maritime authorities. Furthermore, setting up of a nuclear power station on an artificial island is subject to the licensing procedure for large nuclear installations and to delivery of the licenses required for release of gaseous and liquid radioactive effluents. Given the proximity of the high seas and eventually, the borders of other States, siting of a nuclear power station on an artificial island imposes obligations at international level. These requirements, which concern prevention of transfrontier pollution, stem from the London (1972) and Paris (1974) Conventions on marine pollution. The third party liability regime for a nuclear incident caused by an installation sited in territorial seas is that of the 1960 Paris Convention on third party liability in the nuclear field and the 1963 Brussels Supplementary Convention. Another problem likely to be raised is that of the right of innocent passage of ships near such installations [fr

  19. Problems of Russian construction education in an age of innovation: socio-cultural and legal aspects

    Directory of Open Access Journals (Sweden)

    Pryadko Igor

    2017-01-01

    Full Text Available In this paper we estimate changes of Russian higher education, aimed to incorporate In this paper we estimate changes of Russian higher education, aimed to incorporate the latter in the Bologna process. The analysis of the reforms is given in terms of need in training specialists of the construction industry. The article analyzes the conclusions reached on the issue by some teachers of Russian universities of civil engineering. Among the reasons for concern from the part of the Russian education community, it is called the low level of knowledge about the tasks of re-forms and lack of information regarding measures to improve the educa-tion system. The investigation, in particular, points out that today the main issue of reforming is seen in creation of a single European intellectual space. At the same time, the questionnaire showed that the achievement of the stated purpose is prevented by the following factors: low level of stu-dent-builders in foreign languages and insufficient income. These circums-tances make education abroad almost impossible for most students from Russia and reduce the competitiveness of graduates from Russian universi-ties in labor market of the countries that joined to the Bologna system. The authors of the article pay special attention to the needs of executives of construction firms in qualified specialists. Most of the experts note the iso-lation of universities from solving problems of building practice, a notice-able lag of the national educational system from the western ones in train-ing specialists in construction logistics and organization of construction sites.

  20. Nuclear energy as a 'golden bridge'? Constitutional legal problems of the negotiation of the prolongation of the running time against skimming of profits

    International Nuclear Information System (INIS)

    Waldhoff, Christian; Aswege, Hanka von

    2010-01-01

    The coalition agreement of Christian Demographic Union (CDU), Christian Social Union (CSU) and Free Democratic Party (FDP) from 26th October, 2009 characterizes the nuclear energy as a bridge technology. The coalition parties explain to prolong the running times of German nuclear power stations up to a reliable replacement by renewable energies. The conditions for the prolongation of the running times are to be regulated in agreement with energy supply companies. In the contribution under consideration, the authors report on the fiscal legal problems of the skimming of profits. Constitutional legal problems of the earmaking of a skimming of profits as well as a consensual agreement are discussed in this contribution. In the result, a financial constitutionally reliable way for the skimming of added profits due to prolongation of the running time is not evident. The legal earmaking of the duty advent for the promotion of renewable energies increases the constitutional doubts.

  1. Modelling of large-scale structures arising under developed turbulent convection in a horizontal fluid layer (with application to the problem of tropical cyclone origination

    Directory of Open Access Journals (Sweden)

    G. V. Levina

    2000-01-01

    Full Text Available The work is concerned with the results of theoretical and laboratory modelling the processes of the large-scale structure generation under turbulent convection in the rotating-plane horizontal layer of an incompressible fluid with unstable stratification. The theoretical model describes three alternative ways of creating unstable stratification: a layer heating from below, a volumetric heating of a fluid with internal heat sources and combination of both factors. The analysis of the model equations show that under conditions of high intensity of the small-scale convection and low level of heat loss through the horizontal layer boundaries a long wave instability may arise. The condition for the existence of an instability and criterion identifying the threshold of its initiation have been determined. The principle of action of the discovered instability mechanism has been described. Theoretical predictions have been verified by a series of experiments on a laboratory model. The horizontal dimensions of the experimentally-obtained long-lived vortices are 4÷6 times larger than the thickness of the fluid layer. This work presents a description of the laboratory setup and experimental procedure. From the geophysical viewpoint the examined mechanism of the long wave instability is supposed to be adequate to allow a description of the initial step in the evolution of such large-scale vortices as tropical cyclones - a transition form the small-scale cumulus clouds to the state of the atmosphere involving cloud clusters (the stage of initial tropical perturbation.

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

    Science.gov (United States)

    Trembecka, Anna

    2016-06-01

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

  3. THE ELITISM OF LEGAL LANGUAGE AND THE NEED OF SIMPLIFICATION

    Directory of Open Access Journals (Sweden)

    Antonio Escandiel de Souza

    2016-12-01

    Full Text Available This article presents the results of the research project entitled “Simplification of legal language: a study on the view of the academic community of the University of Cruz Alta”. It is a qualitative nature study on simplifying the legal language as a means of democratizing/pluralize access to justice, in the view of scholars and Law Course teachers. There is great difficulty by society in the understanding of legal terms, which hinders access to justice. Similarly, the legal field is not far, of their traditional formalities, which indicates the existence of a parallel where, on one hand, is society, with its problems of understanding, and the other the law, its inherent and intrinsic procedures. However, the company may not have access to the judiciary hampered on account of formalities arising from the law and its flowery language. Preliminary results indicate simplification of legal language as essential to real democratization of access to Law/Justice.

  4. Problems of Legal Regulation of Criminal Responsibility for Illegal Plunder and Circulation of Especially Valuable Strains of Cattle

    Directory of Open Access Journals (Sweden)

    Bavsun M. V.

    2014-10-01

    Full Text Available The article deals with the disputable issues in legal regulation of criminal responsibility for plunder and circulation of especially valuable strains of wild cattle, acting as a subject of legal and criminal protection, Art. 258.1 of the RF CC (Criminal Code of the Russian Federation. As a conclusion the author offers the variant of proposals for improvement of legislative construction of the norm considered on the ground of the analysis conducted

  5. “微信营销”存在的问题及其法律规制%The problems of "WeChat marketing" and its legal regulation

    Institute of Scientific and Technical Information of China (English)

    甫鲁西·齐美革

    2016-01-01

    In recent years,with the development and update of mobile Internet technology,and the rapid popularity of smart phones,the WeChat business,WeChat marketing also arises at the historic moment. Behind the strong mo-mentum of Wechat business development,many disadvantages exist in the WeChat marketing and trading,the legal issues and risks also gradually highlights. The paper expounds the WeChat business and WeChat marketing through the interpretation of the legal characteristics,and analyzes problems existing in the marketing and trading,such as false advertising overrun,purchasing agency of fake goods,and difficulty of rights protection. It puts forward the pro-posal from the aspects of legal regulation:using the existing legal norms,speeding up the electronic commerce legis-lation,and strengthening the administrative regulation.%近些年随着移动互联网技术的发展更新和智能手机加快普及,微商、微信营销也应运而生。微商强劲发展势头的背后,微信营销及交易存在诸多弊端,其中的法律问题和风险也逐渐凸显。文章通过对微信和微商以及微信营销的法律特征入手进行阐释,对微信营销及交易中存在的虚假广告泛滥成灾、微信诈骗和假货代购问题严重、买家维权困难等问题进行分析,从法律规制等角度提出利用现有的法律规范,并加快专门的电子商务立法、加大行政监管力度等建议。

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

    Science.gov (United States)

    Walls, Helen L; Ooms, Gorik

    2017-05-20

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

  7. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  8. Nonlinear diffusion problem arising in plasma physics

    International Nuclear Information System (INIS)

    Berryman, J.G.; Holland, C.J.

    1978-01-01

    In earlier studies of plasma diffusion with Okuda-Dawson scaling (D approx. n/sup -1/2/), perturbation theory indicated that arbitrary initial data should evolve rapidly toward the separation solution of the relevant nonlinear diffusion equation. Now a Lyapunov functional has been found which is strictly decreasing in time and bounded below. The rigorous proof that arbitrary initial data evolve toeard the separable solution is summarized. Rigorous bounds on the decay time are also presented

  9. Legal liability and claims for the hotel industry

    Directory of Open Access Journals (Sweden)

    Dimcho Todorov

    2017-10-01

    Full Text Available The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as unrightfully actions from administration towards hospitably industry personnel and the connected consequences, is discussed. A definition is given of the various forms of discrimination and the obligations of management to provide a healthy work environment without problems for the personnel are stated, as well. Regulative measures and documents are also presented, regarding measures following possible labour law violations. Conclusions and recommendations are formulated and ways to prevent and overcome problems and accidents in various accommodation establishments and the hotel industry as a whole are shown

  10. e-commerce in the electricity supply industry: legal setting and selected legal issues arising in doing one's business via the Web; E-Commerce in der Elektrizitaetzwirtschaft: rechtliche Rahmenbedingungen und ausgewaehlte Rechtsprobleme bei der Nutzung des Internets

    Energy Technology Data Exchange (ETDEWEB)

    Genten, A.; Rosin, P. [RWE Plus AG, Essen (DE). Privat Kundenmanagement (Recht)

    2001-07-01

    It is expected that e-commerce will be increasingly applied in business relations of the international electricity supply industry. This is why the contribution here sets out the legal provisions effective within the European Union as well as in Germany. Examples are given to illustrate specific aspects. (orig./CB) [German] Es wird erwartet, dass auch in der Elektrizitaetswirtschaft E-Commerce immer groessere Aufmerksamkeit findet. Demzufolge ist auch fuer die Elektrizitaetswirtschaft eine Auseinandersetzung mit den rechtlichen Rahmenbedingungen und den Rechtsproblemen bei der Nutzung des Internets von Interesse. Die Abhandlung erlaeutert den Europaeischen Rechtsrahmen fuer E-Commerce und den nationalen Rechtsrahmen fuer E-Commerce. (orig./CB)

  11. Actual legal questions and problems of the free access to information, especially in the environmental protection; Aktuelle Rechtsfragen und Probleme des freien Informationszugangs, insbesondere im Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, Meinhard (ed.)

    2010-07-01

    Within the 26th Trier colloquium on the law governing environmental protection and technology at 5th to 7th September, 2010 in Trier (Federal Republic of Germany), the following lectures were held: (1) The environmental law in the light of federalism and Europeanization (Hans-Juergen Papier); (2) Information rights in the EU (Astrid Epiney); (3) Environmental policy by freedom of information (Friedrich Schoch); (4) The legal framework for the opening of the access to information as well as the appearance of accessible information under special consideration of the environmental information Directive 2003/4/EG and its implementation in the German Law (Joern Axel Kaemmerer); (5) The utilization of electronic media: REACh data bases, publication of authorizing procedures in the Internet and geo data mediation such as google maps (Indra Spiecker); (6) Protection position of companies in the right of access to information. The protection of business secrets and commercial confidentialities as well as application dossiers in the European and German law (Matthias Rossi); (7) Limited protection of business secrets and commercial confidentialities as a part of genetic engineering legal approval procedures (Hartwig Stiebler); (8) The NRW pipeline cadastre (Alexander Schink); (9) Legal protection by European and national courts under consideration of the European Ombudsman in his function in securing the access of information (Sabine Schlacke).

  12. Teaching via the Internet: A Brief Review of Copyright Law and Legal Issues.

    Science.gov (United States)

    Lan, Jiang; Dagley, Dave

    1999-01-01

    Focuses on legal problems related to copyright that might arise from teaching via the Internet. Discusses the basics of copyright law; owner's rights; subject matter of copyright; copyright requirements; infringement action and remedies; the fair-use doctrine; guidelines for classroom copying; two views about controls on the Internet; the White…

  13. DEMOCRATIZAÇÃO DA JUSTIÇA: A APRENDIZAGEM BASEADA EM PROBLEMAS APLICADA À PRÁTICA JURÍDICA CURRICULAR | JUSTICE DEMOCRATIZATION: THE PROBLEM BASED LEARNING APPLIED TO THE LEGAL PRACTICE IN LAW COURSES

    Directory of Open Access Journals (Sweden)

    Roberto Muhájir Rahnemay Rabbani

    2016-08-01

    Full Text Available This study reports an experience on legal services brought by the Federal University of Rio Grande do Norte, Brazil, Caicó Campus, approaching this institution to the region community. Through real case studies, the students were motivated to conduct a legal and juridical analysis, and had to present the results to the consultants and the professors. The students were entrusted to give legal opinion and explain the procedural stages on the cases presented by the community. The methodology used was the empirical research through qualitative and quantitative methods, by applying questionnaires to users of the legal practice and the students of the Legal Assistance courses on the service and the use of Problem-Based Learning. The results demonstrate a high level of satisfaction by users and students, that ensured that the used methodology enabled their best qualification for the labor market.

  14. Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world.

    Science.gov (United States)

    Nardodkar, Renuka; Pathare, Soumitra; Ventriglio, Antonio; Castaldelli-Maia, João; Javate, Kenneth R; Torales, Julio; Bhugra, Dinesh

    2016-08-01

    The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

  15. General problems arising from the analogical resolution of the kinetic equations of nuclear reactors (1961); Problemes generaux poses par la resolution analogique des equations cinetiques des reacteurs nucleaires (1961)

    Energy Technology Data Exchange (ETDEWEB)

    Caillet, C [Commissariat a l' Energie Atomique, Saclay (France). Centre d' Etudes Nucleaires

    1961-07-01

    The author reviews precisely the analogical techniques used for the resolution of the kinetic equations of nuclear reactors. Prior to this, he recalls the reasons which oblige physicians and engineers, even today, to use electronic machines in this domain. The author then considers the technological problems posed by the range of values which the various nuclear parameters adopt. In each case, he shows that a compromise is possible allowing an optimum precision. He compares the results to those obtained by arithmetic calculation and uses the examples chosen in a critical analysis of the present possibilities of the two methods of calculation. (author) [French] L'auteur cherche a faire un point aussi exact que possible des techniques analogiques utilisees pour resoudre les equations cinetiques des reacteurs nucleaires. Il rappelle auparavant les raisons pour lesquelles physiciens et ingenieurs sont obliges, encore aujourd'hui, de faire appel aux machines electroniques dans ce domaine. Puis il etudie les problemes technologiques que souleve le champ des valeurs prises par les differents parametres nucleaires. Dans chacun des cas, il montre l'existence d'un compromis qui permet d'atteindre une precision optimum. Il compare les resultats obtenus a ceux provenant de calculateurs arithmetiques et profite des exemples choisis pour faire une analyse critique des possibilites actuelles offertes par les deux modes de calcul. (auteur)

  16. Security problems arising from the use of radioactive sources in the study of the wear in refractory linings; Les problemes de securite dans l'emploi de sources radioactives pour l'etude de l'usure de revetements refractaires

    Energy Technology Data Exchange (ETDEWEB)

    Courtois, G; Hours, R; Le Clerc, P; Pons, A [Commissariat a l' Energie Atomique, Saclay (France).Centre d' Etudes Nucleaires

    1960-07-01

    The determination of the wear in refractories is a problem to which these are at present only a few solutions, and these limited or delicate to use. That is the reason why the use of radioactive tracers contained in the refractory has met with rapid success. Unfortunately, the development of the method has been retarded by the need to limit severely the amounts of radioelement incorporated and also by the observation that diffusion of the radioactive product occurred in the refractory. As a result, the limiting amount of 1 mc/500 metric tons of cast-iron has been adopted in France, with the proviso that no single source exceeds 3 mc. Further, we have made special sources with a view to avoiding diffusion phenomena. The essential feature of these sources is that they use pyro-ceramic a non porous material having a high melting point and being, very inert chemically. In these sources, the radioelement can either be entirely encased in the pyro-ceramic or be an integral part of its composition. A comparative study of the two types of sources is actually under way. (author) [French] La determination de l'usure des refractaires est un probleme dont les solutions sont jusqu'a maintenant peu nombreuses, limitees ou delicates d'emploi. C'est pour cela que l'utilisation de traceurs radioactifs noyes dans le refractaire a connu un vif succes. Malheureusement, le developpement de la methode a ete freine par la necessite de limiter severement la teneur des radioelements incorpores aux produits metallurgiques et egalement par des constatations de diffusion dans le refractaire du produit radioactif. Par suite, la teneur limite de 1 mc/500 tonnes de fonte est maintenant adoptee en France, sans qu'une source individuelle puisse depasser 3 mc. De plus, nous avons realise des sources particulierement etudiees en vue d'eviter des phenomenes de diffusion. Le caractere essentiel de cette realisation est l'utilisation de pyrocerame, materiau non poreux, a haut point de fusion et de

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

    Directory of Open Access Journals (Sweden)

    Kolodizev Oleg M.

    2016-02-01

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

  18. The principle of legal certainty in the practice of the European Court of Human Rights and the quality problems of the criminal legislation of Ukraine

    Directory of Open Access Journals (Sweden)

    М. І. Панов

    2015-03-01

    Full Text Available The article provides an outline of the principle of «legal certainty» in the practice of the European Court of Human Rights, shows its influence on the quality assurance of national criminal law and the principle of «rule of law» and «law» in judicial practice in criminal cases. It is noted that the category of «quality of the law on criminal responsibility» is closely connected with the principle of «legal certainty», includes a wide range of issues, the most important of which is the problem of the accuracy of criminal law. The content of this multifaceted category in terms of its various aspects: epistemological, logical, linguistic, pragmatic and on this basis are considered essential features and properties of the accuracy of criminal law, a necessary condition for ensuring the quality of the law on criminal responsibility. At the same time found out some shortcomings of the current penal legislation, proposals are being made to eliminate them.

  19. Legal Problems of Realization of the Principle of “Good Faith” in the Course of Bankruptcy

    Directory of Open Access Journals (Sweden)

    Yuliya V. Sakharova

    2017-05-01

    Full Text Available This article is about research problems of realization of the principle of conscientiousness in relation to procedures of insolvency (bankruptcy. The Author considers problems of determination of category “conscientiousness”, the questions of criteria to determine the good faith of the trustee, the criteria of “sufficiency” in his actions, good faith in complying with the statute of limitations in the procedures of bankruptcy, as well as violation of the principle of good faith with the liquidator failure to take appropriate action to challenge the debtor's contracts.​

  20. THE PROBLEM OF LEGAL REGULATION OF THE OPERATION OF THE OVER-THE-COUNTER (OTC) CURRENCY MARKET (FOREX) IN UKRAINE AND THE EU

    OpenAIRE

    Eugene Podorozhnyi; Dmytro Sirokha; Pavlo Komirchyi

    2017-01-01

    The aim of the article is to evaluate the state of legal institutionalization of the OTC foreign exchange market in Ukraine, as well as its comparison with the foreign experience of legal regulation of OTC currency relations in Ukraine and EU countries. The subject of the study is the legal and administrative framework for the functioning of the OTC currency market (Forex) in Ukraine and in the EU countries. The methodology of the study consists of: historical and legal method, which allowed ...

  1. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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.......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...

  2. [Medical surveillance in university: organizational difficulties, legal problems, scientific e technical specificities. Experience of University of Milan Bicocca].

    Science.gov (United States)

    D'Orso, M I; Giuliani, C; Assini, R; Riva, M A; Cesana, G

    2012-01-01

    Our research describes activities of Occupational Health carried out during last year in University of Milan Bicocca by Occupational Doctors. We describe results of medical surveillance in 1153 employees or students exposed to occupational risks for health and safety. We report results obtained, technical difficulties, organizational problems, and preventive actions decided to improve functionality of our activity. Students seem to be less protected and consequently seem to have higher professional safety and health risks.

  3. Relations of Parenting Quality, Interparental Conflict, and Overnights with Mental Health Problems of Children in Divorcing Families with High Legal Conflict

    Science.gov (United States)

    Sandler, Irwin N.; Wheeler, Lorey A.; Braver, Sanford L.

    2013-01-01

    The current study examined the associations between child mental health problems and the quality of maternal and paternal parenting, and how these associations were moderated by three contextual factors, quality of parenting by the other parent, interparental conflict, and the number of overnights parents had with the child. Data for the current study come from a sample of divorcing families who are in high legal conflict over developing or maintaining a parenting plan following divorce. Analyses revealed that the associations between child mental health problems and positive maternal and paternal parenting were moderated by the quality of parenting provided by the other parent and by the number of overnights children spent with parents, but not by the level of interparental conflict. When both parenting by the other parent and number of overnights were considered in the same model, only number of overnights moderated the relations between parenting and child behavior problems. The results support the proposition that the well-being of children in high conflict divorcing families is better when they spend adequate time with at least one parent who provides high quality parenting. PMID:24098960

  4. 32 CFR 536.111 - Investigation of claims arising under international agreements (for those claims arising in the...

    Science.gov (United States)

    2010-07-01

    ... under international agreements (for those claims arising in the United States). Responsibility for... civilian component is attached, including the legal office of another armed force, to carry out the responsibility to investigate. The investigation will comply with the responsible Service's implementing claims...

  5. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    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...

  6. The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

    International Nuclear Information System (INIS)

    Zimmermann, B.

    1992-01-01

    The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

  7. Problemática jurídica de los estados intersexuales. El caso colombiano Legal problematic of intersexual states. The Colombian case

    Directory of Open Access Journals (Sweden)

    Sandra Patricia Duque Quintero

    2010-08-01

    Full Text Available

    En este artículo de reflexión, basado en una investigación, se describe la problemática jurídica planteada por los estados intersexuales* en los menores de edad, y cómo la misma centra su discusión en la teoría del consentimiento informado, punto nodal en el que convergen, por un lado, la existencia de un sujeto titular de derechos, y por el otro, el modo en que debe darse la autorización para ciertos tratamientos médicos o quirúrgicos, así como para algunas intervenciones preventivas. Igualmente,

    se plantea la necesidad de articular el saber jurídico con el de otros campos como la medicina y la bioética, a fin de construir un marco teórico, analítico y práctico que aporte nuevas herramientas e instrumentos para resolver esta problemática. La Corte Constitucional Colombiana, como máximo órgano jurisdiccional, estableció algunos parámetros jurídicos para adoptar decisiones en estos casos pero cada uno de ellos plantea matices y opciones diferentes, y la solución que se pretenda adoptar debe ir dirigida a optimizar el bienestar del paciente.

     

    This is a reflection article based on research. In it, we describe the legal issues raised by intersexual states in minors. Individual rights and the way in which authorization should be given for certain medical and surgical treatments are analyzed in the perspective of the informed consent theory. We emphasize on the

  8. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  9. The Category of Immaturity in a Legal Context

    Directory of Open Access Journals (Sweden)

    Fedonkina A.A

    2014-11-01

    Full Text Available We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

  10. Occupancy statistics arising from weighted particle rearrangements

    International Nuclear Information System (INIS)

    Huillet, Thierry

    2007-01-01

    The box-occupancy distributions arising from weighted rearrangements of a particle system are investigated. In the grand-canonical ensemble, they are characterized by determinantal joint probability generating functions. For doubly non-negative weight matrices, fractional occupancy statistics, generalizing Fermi-Dirac and Bose-Einstein statistics, can be defined. A spatially extended version of these balls-in-boxes problems is investigated

  11. Legal Problems of the Principal.

    Science.gov (United States)

    Stern, Ralph D.; And Others

    The three talks included here treat aspects of the law--tort liability, student records, and the age of majority--as they relate to the principal. Specifically, the talk on torts deals with the consequences of principal negligence in the event of injuries to students. Assurance is given that a reasonable and prudent principal will have a minimum…

  12. THE PROBLEM OF LEGAL REGULATION OF THE OPERATION OF THE OVER-THE-COUNTER (OTC CURRENCY MARKET (FOREX IN UKRAINE AND THE EU

    Directory of Open Access Journals (Sweden)

    Eugene Podorozhnyi

    2017-12-01

    Full Text Available The aim of the article is to evaluate the state of legal institutionalization of the OTC foreign exchange market in Ukraine, as well as its comparison with the foreign experience of legal regulation of OTC currency relations in Ukraine and EU countries. The subject of the study is the legal and administrative framework for the functioning of the OTC currency market (Forex in Ukraine and in the EU countries. The methodology of the study consists of: historical and legal method, which allowed determining the preconditions for the emergence of OTC markets in Ukraine and the world and the principles of their functioning; system and structural method, which was used to analyse the world monetary system as an institutional and functional form of organization of international monetary and financial relations; a formal legal method that allowed us to comprehensively investigate a condition of regulation of the functioning of Forex in Ukraine, to identify its shortcomings, gaps, contradictions, and miscalculations, as well as to develop recommendations aimed at their elimination; a comparative and legal method that provided a deeper study of the specifics of the legal regulation of the functioning of Forex in the EU and to define ways of implementing a positive foreign experience in the national legal system. The results of the conducted legal study have shown that in Ukraine, the Forex market operates in legal vacuum conditions that negatively affect either the protection of the rights of forex clients or the amount of tax revenues to the state budget. The most acceptable way to eliminate this shortcoming is to implement the main principles and requirements of the MiFID in the national legislation. Practical impact. The research of experience of EU countries regarding the legal regulation of Forex companies activity and also regarding the creation of legal bases for implementation by the specified companies of self-regulation – it is a necessary

  13. 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…

  14. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  15. Carcinoma arising in thyroglossal remnants

    NARCIS (Netherlands)

    van Vuuren, P. A.; Balm, A. J.; Gregor, R. T.; Hilgers, F. J.; Loftus, B. M.; Delprat, C. C.; Rutgers, E. J.

    1994-01-01

    Three patients with a papillary carcinoma arising in a thyroglossal duct cyst are presented and the literature is reviewed. This rare malignancy is seen mostly in women between the ages of 20 and 50 years. The distribution of carcinoma subtypes differs from that of thyroid carcinomas and

  16. Adenosarcoma arising in hepatic endometriosis

    International Nuclear Information System (INIS)

    N'Senda, P.; Dahan, H.; Tubiana, J.M.; Arrive, L.; Wendum, D.; Balladur, P.

    2000-01-01

    We report a case of adenosarcoma arising in hepatic endometriosis. Both CT and MR scans demontrated a huge heterogeneous mass containing septated, thick-walled cystic lesions. After enlarged right hepatectomy, the patient was asymptomatic with no abnormalities at liver and abdominal CT scan at 2-year follow-up. (orig.)

  17. Endogeneously arising network allocation rules

    NARCIS (Netherlands)

    Slikker, M.

    2006-01-01

    In this paper we study endogenously arising network allocation rules. We focus on three allocation rules: the Myerson value, the position value and the component-wise egalitarian solution. For any of these three rules we provide a characterization based on component efficiency and some balanced

  18. Adenosarcoma arising in hepatic endometriosis

    Energy Technology Data Exchange (ETDEWEB)

    N' Senda, P.; Dahan, H.; Tubiana, J.M.; Arrive, L. [Service de Radiologie, Hopital Saint-Antoine, 75 - Paris (France); Wendum, D. [Service d' Anatomie Pathologie, Hopital Saint-Antoine, 75 - Paris (France); Balladur, P. [Service de Chirurgie Digestive et Generale, Hopital Saint-Antoine, 75 - Paris (France)

    2000-08-01

    We report a case of adenosarcoma arising in hepatic endometriosis. Both CT and MR scans demontrated a huge heterogeneous mass containing septated, thick-walled cystic lesions. After enlarged right hepatectomy, the patient was asymptomatic with no abnormalities at liver and abdominal CT scan at 2-year follow-up. (orig.)

  19. Reforming Copyright in the Context of Exercise of the Human Right to Free Expression on the Internet: An Actual Problems of the Modern International Legal Politics

    Directory of Open Access Journals (Sweden)

    Irina V. Shugurova

    2015-12-01

    Full Text Available The authors discuss major trends in the area of reforming of copyright in the light of full exercise of internationally recognized human right to expression regarding the digital environment, especially the Internet, and demonstrate the significant situation when intellectual property rights, mainly author’s exclusive rights, build a lot of troubles for the information human rights. The article also looks at the changes in the understanding the relation between copyright and the human right to freedom of expression and information on the Internet. Much attention is paid to new moments in the modern doctrine of intellectual property that is inspired by process of digitization of author’s rights. There is conducted the approach to addressing copyright as one of the digital human rights resulted from property rights and right of creators to protection of their moral and economic interests. However, authors of the article departure from postulate that copyright is the human rights to a certain degree only. Moreover, this article examines the international legal approach to seeking the balance between the human right to freedom of expression, opinion and information, on the one hand, and copyright, especially as regards the Internet, on the other hand. There has been argued that key role in elaborating and adopting the principled standards in this sphere belongs to international law, including international law of human rights. In addition, the latter, as authors have ascertained, must correspond to international law of intellectual property rights, international information law, and international competition law. The study focus on various aspects of solving the problem of adapting copyright to the digital environment.

  20. 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)

  1. THE LEGAL PROBLEMS OF ESTABLISHING THE ADDITIONAL GUARANTEES OF REALIZATION OF CONSTITUTIONAL HUMAN AND CIVIL RIGHTS AND FREEDOMS BY THE CONSTITUENT ENTITIES OF THE RUSSIAN FEDERATION

    Directory of Open Access Journals (Sweden)

    Alexander Chuklin

    2017-01-01

    Full Text Available The subject. The article focuses on the need to improve legislative and law enforcement activities related to the consolidation of constituent entities of the Russian Federation additional guarantees of realization of constitutional human and civil rights and freedoms.The purpose of the article is to identify main ways of improvement the legal regulation additional guarantees of realization of constitutional human and civil rights and freedoms by the constituent entities of the Russian Federation.The methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method.The results and scope of application. The lack of unity in understanding the essence of additional guarantees of realization of rights and freedoms requires not only theoretical analysis of this legal category, but a consistent system of the legislation, and corresponding to the system of law enforcement practice. The legal establishment of the additional guarantees of realization of constitutional human and civil rights and freedoms, due solely to the will of the legislator of a constituent entitiy of the Russian Federation aimed at the concretization of constitutional rights and freedoms as well as of the security mechanisms (legal conditions, means of the implementation of these rights. Features of development of the corresponding constituent entitiy of the Russian Federation should be taken into account.One of the main directions of improvement of legal regulation in this field is legislative recognition of additional guarantees of realization of constitutional human and civil rights and freedoms established by the constituent entities of the Russian Federation. This concept should be reflected in the Federal law of October 6, 1999 No. 184-FZ "On General principles of organization of legislative (representative and executive bodies of state power of constituent entities of the Russian Federation", as well as in the constitutions (charters

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

    International Nuclear Information System (INIS)

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

    1979-03-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1979-03-01

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

  4. Convex solutions of systems arising from Monge-Ampere equations

    Directory of Open Access Journals (Sweden)

    Haiyan Wang

    2009-10-01

    Full Text Available We establish two criteria for the existence of convex solutions to a boundary value problem for weakly coupled systems arising from the Monge-Ampère equations. We shall use fixed point theorems in a cone.

  5. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  6. Nuclear energy as a 'golden bridge'? Constitutional legal problems of the negotiation of the prolongation of the running time against skimming of profits; Kernenergie als 'goldene Bruecke'? Verfassungsrechtliche Probleme der Aushandlung von Laufzeitverlaengerungen gegen Gewinnabschoepfungen

    Energy Technology Data Exchange (ETDEWEB)

    Waldhoff, Christian; Aswege, Hanka von [Bonn Univ. (Germany). Lehrstuhl fuer Oeffentliches Recht

    2010-07-15

    The coalition agreement of Christian Demographic Union (CDU), Christian Social Union (CSU) and Free Democratic Party (FDP) from 26th October, 2009 characterizes the nuclear energy as a bridge technology. The coalition parties explain to prolong the running times of German nuclear power stations up to a reliable replacement by renewable energies. The conditions for the prolongation of the running times are to be regulated in agreement with energy supply companies. In the contribution under consideration, the authors report on the fiscal legal problems of the skimming of profits. Constitutional legal problems of the earmaking of a skimming of profits as well as a consensual agreement are discussed in this contribution. In the result, a financial constitutionally reliable way for the skimming of added profits due to prolongation of the running time is not evident. The legal earmaking of the duty advent for the promotion of renewable energies increases the constitutional doubts.

  7. Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

    Science.gov (United States)

    Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

    2010-01-01

    This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

  8. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  9. Substantive law problems in jurisdiction

    International Nuclear Information System (INIS)

    Sternberg, D.

    1977-01-01

    Substantive law problems in nuclear licensing procedure jurisdiction are discussed. Preconditions for the right to file a suit pursuant to section 42, sub-section 2 VwGO are investigated, in the context of which the necessity is pointed out to differentiate between normal operation and possible accidents. Furthermore, comments are made on the definition of 'facility' in terms of nuclear law, the understanding of which is rather decisive for the substantial scope of the nuclear licensing procedures. Also, legal problems are examined which arise from special forms of financing for nuclear power plant projects, in particular in connection with leasing financing. (HP) [de

  10. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  11. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    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 regul...

  12. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

    This article provides a descriptive overview of the legal problems that attend medical treatment of the terminally ill patient as well as a careful analysis of the legal vehicles that have been offered in response to these problems--the living will, the antidysthanasia contract, and right to die legislation. (Author)

  13. [International legal aspects of responsibility of states and international organizations for the spread of epidemics, pandemics and mass disease].

    Science.gov (United States)

    Kholikov, I V; Sazonova, K L

    2015-08-01

    The present article deals with international legal issues that arise in case when various mass diseases go beyond any national jurisdiction. The emphasis is made on the problem of international responsibility, which different actors have to bear in such cases. The authors also examine the implementation of responsibility mechanism, including the indentication of the relevant international court, authorized to establish such liability and identify the specific forms of its realization.

  14. Report on the senate working party for the study of the problems arising from radioactive waste constituted inside the commission of industry, commerce and tourism from october 30, 1996 to april 22,1998

    International Nuclear Information System (INIS)

    Rovira Vinas, A.

    2007-01-01

    As part of the case history on HLW disposal facility siting, Antonio Rovira Vinas, Professor, Autonomous University of Madrid, reported on the proposal of the Senate for the study of the problems generated by radioactive waste. The study took place from 1996 to 1998, with a wide stakeholder representation; participants included the representatives of universities, trade unions, environmental NGOs, municipalities, regional governments, research centres, government agencies, ENRESA, and international organisations. The transcripts of the discussions and the views expressed by stakeholders were analysed by a group of academics, and Professor Rovira presented a summary of the main results. The policy regarding nuclear energy production and radioactive waste management was seen as a problem that has to be taken up by the national government. However, it was also agreed that any decision to be made should have the support of the affected municipalities and regional governments (Autonomous Communities). Stakeholders criticized former decision-making processes for the lack of transparency, and expressed the wish to participate in democratic processes governed by the principles of information, transparency and participation. Both environmental groups and trade unions were of the view that nuclear power plants should be shut down before decisions on the waste issue are made. Other groups, including the municipalities, took the opposite view, i.e. that planning for radioactive waste management should start now. Technical groups tended to support the deep geological disposal option, while representatives of several research organisations felt that storage at NPPs should be maintained and CSN officials considered that temporary centralized storage was more recommendable. Many participants had the view that further research needs to be conducted on various technologies (e.g. deep geological disposal, P and T) before a definitive decision is taken. It was suggested that

  15. 我国石油企业海外并购的法律问题浅析%A Simple Analysis of the Legal Problems in China’s Petroleum Enterprise Overseas Merger & Acquisition

    Institute of Scientific and Technical Information of China (English)

    王璐

    2012-01-01

    分析了我国石油企业实施海外并购战略的必然性以及目前并购的现状和趋势,重点分析了海外并购中遇到的法律问题,并提出了有关的措施和建议。%The article analyzes the necessity for China’s petroleum enterprises to implement overseas merger acquisition strategy as well as current merger acquisition status and its development trends,emphatically analyzes the legal problems encountered in overseas merger acquisition and puts forward relevant measures and suggestions.

  16. Theoretical and methodological basis of the comparative historical and legal method development

    Directory of Open Access Journals (Sweden)

    Д. А. Шигаль

    2015-05-01

    Full Text Available Problem setting. Development of any scientific method is always both a question of its structural and functional characteristics and place in the system of scientific methods, and a comment as for practicability of such methodological work. This paper attempts to give a detailed response to the major comments and objections arising in respect of the separation as an independent means of special and scientific knowledge of comparative historical and legal method. Recent research and publications analysis. Analyzing research and publications within the theme of the scientific article, it should be noted that attention to methodological issues of both general and legal science at the time was paid by such prominent foreign and domestic scholars as I. D. Andreev, Yu. Ya. Baskin, O. L. Bygych, M. A. Damirli, V. V. Ivanov, I. D. Koval'chenko, V. F. Kolomyitsev, D. V. Lukyanov, L. A. Luts, J. Maida, B. G. Mogilnytsky, N. M. Onishchenko, N. M. Parkhomenko, O. V. Petryshyn, S. P. Pogrebnyak, V. I. Synaisky, V. M. Syryh, O. F. Skakun, A. O. Tille, D. I. Feldman and others. It should be noted that, despite a large number of scientific papers in this field, the interest of research partnership in the methodology of history of state and law science still unfairly remains very low. Paper objective. The purpose of this scientific paper is theoretical and methodological rationale for the need of separation and development of comparative historical and legal method in the form of answers to more common questions and objections that arise in scientific partnership in this regard. Paper main body. Development of comparative historical and legal means of knowledge is quite justified because it meets the requirements of the scientific method efficiency, which criteria are the speed for achieving this goal, ease of use of one or another way of scientific knowledge, universality of research methods, convenience of techniques that are used and so on. Combining the

  17. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  18. Regulating the helping hand: improving legal preparedness for cross-border disaster medicine.

    Science.gov (United States)

    Fisher, David

    2010-01-01

    Medical care is a highly regulated field in nearly every country. Therefore, it is not surprising that legal issues regularly arise in cross-border disaster operations that have with the potential to profoundly impact the effectiveness of international assistance. Little attention has been paid to preparing for and addressing these kinds of issues. This paper will report on research by the International Federation of Red Cross and Red Crescent Societies (IFRC) on International Disaster Response Law, and discuss new developments in the international legal framework for addressing these issues. For seven years, the IFRC has studied legal issues in cross-border disaster assistance. Its activities have included several dozen case studies, a global survey of governments and humanitarian stakeholders, and a series of meetings and high-level conferences. The IFRC has found a consistent set of regulatory problems in major disaster relief operations related to the entry and regulation of international relief. These include some issues specific to the health field, such as the regulation of drug donations and the recognition of foreign medical qualifications. To address the gaps in domestic and international regulatory structures, the IFRC spearheaded the development of new international guidelines. The legal risks for international health providers in disaster settings are real and should be better integrated into program planning. Governments must become more proactive in ensuring that legal frameworks are flexible enough to mitigate these problems.

  19. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  20. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

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

  1. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    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 expertsand 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.

  2. 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....

  3. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

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

  4. DOUBLE TRIALS METHOD FOR NONLINEAR PROBLEMS ARISING IN HEAT TRANSFER

    Directory of Open Access Journals (Sweden)

    Chun-Hui He

    2011-01-01

    Full Text Available According to an ancient Chinese algorithm, the Ying Buzu Shu, in about second century BC, known as the rule of double false position in West after 1202 AD, two trial roots are assumed to solve algebraic equations. The solution procedure can be extended to solve nonlinear differential equations by constructing an approximate solution with an unknown parameter, and the unknown parameter can be easily determined using the Ying Buzu Shu. An example in heat transfer is given to elucidate the solution procedure.

  5. Thermodynamic and chemical engineering problems arising with hybride processes

    International Nuclear Information System (INIS)

    Hunsaenger, K.

    1981-01-01

    Marginal parameters and definitions are set up for the NaK-NaKH cyclic process, the vapour-phase electrolysis on the basis of carbonates, high-temperature electrolysis using borax, the HCl/NaLiNO 3 cyclic process and the methane/methanol cyclic process. Such parameters and definitions are to create uniform conditions for the process design. (DG) [de

  6. 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

  7. [Chemical hazards arising from shale gas extraction].

    Science.gov (United States)

    Pakulska, Daria

    2015-01-01

    The development of the shale industry is gaining momentum and hence the analysis of chemical hazards to the environment and health of the local population is extreiely timely and important. Chemical hazards are created during the exploitation of all minerals, but in the case of shale gas production, there is much more uncertainty as regards to the effects of new technologies application. American experience suggests the increasing risk of environmental contamination, mainly groundwater. The greatest, concern is the incomplete knowledge of the composition of fluids used for fracturing shale rock and unpredictability of long-term effects of hydraulic fracturing for the environment and health of residents. High population density in the old continent causes the problem of chemical hazards which is much larger than in the USA. Despite the growing public discontent data on this subject are limited. First of all, there is no epidemiological studies to assess the relationship between risk factors, such as air and water pollution, and health effects in populations living in close proximity to gas wells. The aim of this article is to identify and discuss existing concepts on the sources of environmental contamination, an indication of the environment elements under pressure and potential health risks arising from shale gas extraction.

  8. Chemical hazards arising from shale gas extraction

    Directory of Open Access Journals (Sweden)

    Daria Pakulska

    2015-02-01

    Full Text Available The development of the shale industry is gaining momentum and hence the analysis of chemical hazards to the environment and health of the local population is extremely timely and important. Chemical hazards are created during the exploitation of all minerals, but in the case of shale gas production, there is much more uncertainty as regards to the effects of new technologies application. American experience suggests the increasing risk of environmental contamination, mainly groundwater. The greatest concern is the incomplete knowledge of the composition of fluids used for fracturing shale rock and unpredictability of long-term effects of hydraulic fracturing for the environment and health of residents. High population density in the old continent causes the problem of chemical hazards which is much larger than in the USA. Despite the growing public discontent data on this subject are limited. First of all, there is no epidemiological studies to assess the relationship between risk factors, such as air and water pollution, and health effects in populations living in close proximity to gas wells. The aim of this article is to identify and discuss existing concepts on the sources of environmental contamination, an indication of the environment elements under pressure and potential health risks arising from shale gas extraction. Med Pr 2015;66(1:99–117

  9. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  10. 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. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  12. Primary extradural meningioma arising from the calvarium

    Directory of Open Access Journals (Sweden)

    N Ravi

    2013-06-01

    Full Text Available Meningiomas are the most common intracranial tumours. Meningiomas arising at other locations are termed primary extradural meningiomas (EDM and are rare. Here we report a case of EDM arising from the calvarium – a primary calvarial meningioma (PCM.

  13. Esophageal leiomyoma arising in an epiphrenic diverticulum

    International Nuclear Information System (INIS)

    Hamilton, S.

    1988-01-01

    A 32-year old woman was found at surgery to have an esophageal leiomyoma arising within an epiphrenic diverticulum. These uncommon conditions may rarely occur together, causing difficulty in diagnosis of the leiomyoma. Other neoplasms may also arise in an epiphrenic diverticulum and should be borne in mind in this situation. (orig.)

  14. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

    Various aspects regarding the present project (such as financing, time-schedule, training and terminological problems encountered) are treated. Keywords: legal terminology, sociolinguistic factors, terminology development, african languages, indigenous languages, multilingualism, subject fields, terminology, translation, ...

  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. Researchers and experts faced with legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.; Pirard, P.; Hubert, P.

    1998-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)

  17. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  18. Disciplining handicapped students: legal issues in light of Honig v. Doe.

    Science.gov (United States)

    Bartlett, L

    1989-01-01

    Court decisions interpreting the effect of the education for All Handicapped children Act on traditional forms of public school discipline have raised many question. This article reviews these decisions and confirms that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, many legal problems arise with expulsion and long-term, or indefinite, suspensions of handicapped students, especially in the light of the recent Supreme court ruling regarding the expulsion of handicapped students.

  19. The Legal Definition of Dangerous Driving in the Context of the Legislation on Administrative Offenses

    Directory of Open Access Journals (Sweden)

    Vladimir I. Maiorov

    2018-01-01

    Full Text Available This article analyzes the introduction of the concept of «dangerous driving» in the Russian legislation. The definitions of dangerous driving enshrined in the laws of foreign countries as well as a mechanism of calling to account for this offense are considered. The Author notes that there are a number of institutional and legal issues which may arise in the implementation of this new regulation. The ways of how to address the mentioned problems and further perspectives of complementing and improving the dangerous driving rules are determined. Finally, the relevance of innovation was concluded despite its mixed assessment in the society.

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

    International Nuclear Information System (INIS)

    Courteix, S.

    1992-01-01

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

  1. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

  2. Multinational repositories: Ethical, legal and political/public aspects

    International Nuclear Information System (INIS)

    Boutellier, C.; McCombie, C.; Mele, I.

    2006-01-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  3. 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 ...

  4. 32 CFR 727.6 - Functions of legal assistance officers.

    Science.gov (United States)

    2010-07-01

    ... another party or his lawyer, and prepare all types of legal documents, including pleadings, as are... Act of 1964 and pertinent Navy instructions. (b) Nature of assistance. Legal assistance officers and... problems, business ventures, or matters that are not of a personal nature. Legal assistance duties are...

  5. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  6. 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.

  7. 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

  8. Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

    NARCIS (Netherlands)

    Mitee, Leesi Ebenezer

    2018-01-01

    Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

  9. Issues arising in applying the BSS concepts

    International Nuclear Information System (INIS)

    Linsley, G.

    1997-01-01

    The following issues are discussed arising in applying the basic safety standard concepts: terminology, naturally occurring radionuclides, the exemption and clearance levels, management of very low level wastes, transboundary movements, the waste convention

  10. Practical Problems of Legal Regulation of Customs Duties Developing an International Trade Between the Republic of Lithuania And East Asian Countries

    Directory of Open Access Journals (Sweden)

    Valantiejus Gediminas

    2016-12-01

    Full Text Available For more than ten years (since 2004 the Republic of Lithuania is a member of the EU and is realizing its economic and trade relations with other foreign countries, and regulating customs duties according to the requirements of the EU Common Commercial Policy. However, in the recent years foreign trade (in particular - exports of goods remained one of the main factors which increased an economic growth (recovery in the Republic of Lithuania after the global economic crisis of the world, which began in 2008. In this context, the search for new markets and expansion of trade relations with new trade partners in Asia became essential in order to diversify the structure of the national economy and avoid dependence on traditional trade partners, such as Russia. Taking into account this strategic goal, the article seeks to answer a question whether an existing foreign trade regulation system ensures the status of Lithuania as an attractive partner of foreign trade with East Asian countries (Taiwan, Hong Kong, South Korea and Singapore and what regulatory instruments (customs duty rules and procedures should be used on the national level to ensure cooperation with these countries. In order to answer this problematic question, the first chapter of the article overviews general tendencies in Lithuanian foreign trade with the countries of East Asia, while the second chapter is dedicated to describe regulatory regime for import customs duties on the national level (in line with the major provisions of the EU Common Commercial Policy. The practical problems and obstacles to international trade are presented in the third chapter and are illustrated by the examples of case law, which was formed in disputes relating to the decisions and actions of Lithuanian national customs authorities for the period from 1 May, 2004 (since entry to the EU.

  11. Constitutional and legal protection for life support limitation in India

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

    Full Text Available Appropriate treatment limitations towards the end of life to reduce unwanted burdens require ethical clarity that is supported by appropriate legislation. The lack of knowledge of enabling legal provisions, physicians feel vulnerable to legal misinterpretation of treatment limiting decisions. In India the lack of societal awareness, inadequate exploration of the gray areas of bio-ethics and unambiguous legal position relating to terminal illness have resulted in poor quality end of life care. Much of the perceived vulnerability by the physician is attributable to insufficient knowledge and understanding of existing constitutional and legal position in India. While we await informed legal and legislative opinion, this paper highlights possible legal liabilities arising from treatment limitation decisions with available defense. It is hoped that such clarity would lead to more confident ethical decisions and improved end of life care for patients.

  12. Hausdorff dimension of certain sets arising in Engel expansions

    Science.gov (United States)

    Fang, Lulu; Wu, Min

    2018-05-01

    The present paper is concerned with the Hausdorff dimension of certain sets arising in Engel expansions. In particular, the Hausdorff dimension of the set is completely determined, where A n (x) can stand for the digit, gap and ratio between two consecutive digits in the Engel expansion of x and ϕ is a positive function defined on natural numbers. These results significantly extend the existing results of Galambos’ open problems on the Hausdorff dimension of sets related to the growth rate of digits.

  13. 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

  14. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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......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...

  15. 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...

  16. Cutaneous osteosarcoma arising from a burn scar

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Min A.; Yi, Jaehyuck [Kyungpook National University, Department of Radiology, College of Medicine, Daegu (Korea, Republic of); Kyungpook National University Hospital, Department of Radiology, Daegu (Korea, Republic of); Chae, Jong Min [Kyungpook National University, Department of Pathology, College of Medicine, Daegu (Korea, Republic of)

    2017-04-15

    Tumors that develop in old burn scars are usually squamous cell carcinomas. Sarcomas have also been reported, albeit rarely. To our knowledge, there has been only one case report of an extraskeletal osteosarcoma arising in a prior burn scar reported in the English-language literature, mainly discussing the clinicopathological features. Herein, we present a case of cutaneous osteosarcoma visualized as a mineralized soft-tissue mass arising from the scar associated with a previous skin burn over the back. This seems to be the first report describing the imaging features of a cutaneous osteosarcoma from an old burn scar. (orig.)

  17. Ethical, legal and professional issues arising from social media coverage by UK Helicopter Emergency Medical Services.

    Science.gov (United States)

    Steele, Sarah; Adcock, Christopher; Steel, Alistair

    2016-01-01

    Social media (SoMe) are gaining increasing acceptance among, and use by, healthcare service deliverers and workers. UK Helicopter Emergency Medical Services (HEMS) use SoMe to deliver service information and to fundraise, among other purposes. This article examines UK HEMS use of SoMe between January and February 2014 to determine the extent of adoption and to highlight trends in use. The database of the Association of Air Ambulances, crosschecked with UK Emergency Aviation, was used to identify flying, charitable UK HEMS. This search identified 28 UK HEMS, of which 24 services met the criteria for selection for review. Using information harvested from the public domain, we then systematically documented SoMe use by the services. SoMe use by UK HEMS is extensive but not uniform. All selected UK HEMS maintained websites with blogs, as well as Facebook, Twitter, Wikipedia and JustGiving profiles, with the majority of services using Ebay for Charity, LinkedIn and YouTube. Some HEMS also held a presence on Pinterest, Google+, Instagram and Flickr, with a minority of services maintaining their own Rich Site Summary (RSS) feed. The SoMe adopted, while varied, allowed for increased, and different forms of, information delivery by HEMS to the public, often in real time. Such use, though, risks breaching patient confidentiality and data protection requirements, especially when information is viewed cumulatively across platforms. There is an urgent need for the continued development of guidance in this unique setting to protect patients while UK HEMS promote and fundraise for their charitable activities. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  18. Legal Issues Arising from the Brexit Referendum: A UK and EU Constitutional Analysis

    NARCIS (Netherlands)

    M. Markakis (Menelaos)

    2017-01-01

    textabstractThe dust has not yet settled after the referendum on Britain’s relationship with the EU, which took place on 23 June 2016. UK voted to leave the EU by 51.9% to 48.1%, which is a winning margin of almost 1.3 million votes. However, it is not yet clear what ‘Brexit’ means or how it will

  19. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  20. Legal questions concerning the licensing procedure of nuclear power plants

    International Nuclear Information System (INIS)

    Boerner, B.

    1978-01-01

    The publication contains 4 articles which deal with legal practice and problems of the licensing procedure in the Federal Republic of Germany: 1) Actions brought by joint boards from the constitutional point of view (Burmeister, J.); 2) court review of the assessment of technical and economic questions concerning the licensing of power plant construction (Ossenbuehl, F.); 3) the site plan approval procedure as a legal problem (Friauf, K.H.); 4) legal questions concerning the immediate enforceability (Papier, H.J.). (HP) [de

  1. Development of legal environment for Rosatom Corporation

    International Nuclear Information System (INIS)

    El'fimova, T.L.

    2012-01-01

    The scope of legal and regulatory work within the Corporation Rosatom is characterized with the large number of legal acts that have been developed and adopted under the initiative of the Corporation Rosatom that aim to address objectives associated with the advancement of the nuclear energy of Russia. The rapidly expanding industry requires their continuous development and improvement. The tasks and problems of legislation pertaining to use of nuclear energy and safety regulation are discussed in the paper [ru

  2. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1991-01-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor) the author examines the legal aspects of public participation in the administrative procedures of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. (orig./HP) [de

  3. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    OpenAIRE

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the e...

  4. Service level agreements a legal and practical guide

    CERN Document Server

    Desai, Jimmy

    2010-01-01

    By reading this a short, legal and practical guide to SLAs, you should be able to quickly come up to speed with some of the legal and practical issues that might arise. Negotiating the SLA and putting the SLA into action are also discussed in the pocket guide. Whilst short and easy to digest, case references and weblinks have been provided in the text so readers can find out more information about SLAs.  

  5. Cellular schwannoma arising from sigmoid mesocolon presenting ...

    African Journals Online (AJOL)

    Schwannomas are a type of peripheral nerve sheath tumors with clinically indolent behavior. Though, they can occur anywhere in body, the incidence in retroperitoneum, mediastinum, and pelvis is exceedingly rare. We present a case of a 58‑year‑old female with a massive twisted tumor arising from sigmoid mesocolon.

  6. Cellular Schwannoma Arising from Sigmoid Mesocolon Presenting ...

    African Journals Online (AJOL)

    Schwannomas are a type of peripheral nerve sheath tumors with clinically indolent behavior. Though, they can occur anywhere in body, the incidence in retroperitoneum, mediastinum, and pelvis is exceedingly rare. We present a case of a 58‑year‑old female with a massive twisted tumor arising from sigmoid mesocolon.

  7. ARISE: American renaissance in science education

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1998-09-14

    The national standards and state derivatives must be reinforced by models of curricular reform. In this paper, ARISE presents one model based on a set of principles--coherence, integration of the sciences, movement from concrete ideas to abstract ones, inquiry, connection and application, sequencing that is responsive to how people learn.

  8. A legal approach to radioactive waste management

    International Nuclear Information System (INIS)

    Derche, B.; Rocamora, P.; Salelles, A.

    1983-01-01

    The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

  9. Agency Problems, Legal Strategies, and Enforcement

    OpenAIRE

    Kraakman, Reinier H.; Armour, John; Hansmann, Henry

    2009-01-01

    This article is the second chapter of the second edition of "The Anatomy of Corporate Law: A Comparative and Functional Approach," by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, Hideki Kanda and Edward Rock (Oxford University Press 2009). The book as a whole provides a functional analysis of corporate (or company) law in Europe, the U.S., and Japan. Its organization reflects the structure of corporate law across all jurisdictions, whil...

  10. Medico-legal problems in radiology

    International Nuclear Information System (INIS)

    Becker, W.

    1979-01-01

    The obligation of the pysician to inform the patient - which he has to prove in case of a suit - is based on the patient's right of selfdetermination. This self-dicision information was subject of the panel discussion. Not discussed in detail were the information concerning diagnosis and prognosis, and the instruction of the patient regarding his conduct postoperatively and during medical treatment. Not considered was the so-called malpractice and negligence respectively. Medical liability suits are increasing for various reasons and are frequently directed at a failure to inform the patient because the patient is often unable to prove a negligence of the physician ('surrogate liability'). The dimension of the duty of disclosure (complete information - no information at all) is discussed in general and with special regard to the radiological field. (orig.) [de

  11. Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-01-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  12. Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

    Directory of Open Access Journals (Sweden)

    Abubakar A Bakari

    2012-01-01

    Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

  13. Organ transplantation: legal, ethical and islamic perspective in Nigeria.

    Science.gov (United States)

    Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

    2012-07-01

    Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

  14. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

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

  15. 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…

  16. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  17. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  18. Organizational and legal mechanism of the environmental protection

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2014-12-01

    Full Text Available Organizational and legal mechanisms of environmental protection are defined by the author of the article as a mechanism of organization and system of activities of state executive power bodies and local self-government bodies in the field of environmental public relations arising in connection with environmental protection and environmental safety provision. The rules of administrative law are its legal basis, alongside with the norms of environmental law. The former designed to reflect the specifics of the subject, objects, subjects and principles of legal regulation of social relations in this area. The latter define common goals, objectives and functions of state public relations management nature.

  19. On the numerical solution of coupled eigenvalue differential equations arising in molecular spectroscopy

    International Nuclear Information System (INIS)

    Friedman, R.S.; Jamieson, M.J.; Preston, S.C.

    1990-01-01

    A method for solving coupled eigenvalue differential equations is given and its relation to an existing technique is shown. Use of the Gram-Schmidt process to overcome the severe instabilities arising in molecular problems is described in detail. (orig.)

  20. On a Linear Equation Arising in Isometric Embedding of Torus-like Surface

    Institute of Scientific and Technical Information of China (English)

    Chunhe LI

    2009-01-01

    The solvability of a linear equation and the regularity of the solution are discussed.The equation is arising in a geometric problem which is concerned with the realization of Alexandroff's positive annul in R3.

  1. Security risks arising from portable storage devices

    CSIR Research Space (South Africa)

    Molotsi, K

    2012-10-01

    Full Text Available of the security risks arising from the use of PSDs, and further provides possible security countermeasures to help organisations and users to protect their digital assets. APPROACH Literature review: ? To investigate security risks posed by PSDs... technology in the workplace. International Journal of Electronic Security and Digital Forensics. 3(1): 73?81 [3] Kim, K., Kim, E. & Hong S. (2009). Privacy information protection in portable device. Proceedings of International Conference on Convergence...

  2. Conjunctival lymphoma arising from reactive lymphoid hyperplasia

    Directory of Open Access Journals (Sweden)

    Fukuhara Junichi

    2012-09-01

    Full Text Available Abstract Extra nodal marginal zone B-cell lymphoma (EMZL of the conjunctiva typically arises in the marginal zone of mucosa-associated lymphoid tissue. The pathogenesis of conjunctival EMZL remains unknown. We describe an unusual case of EMZL arising from reactive lymphoid hyperplasia (RLH of the conjunctiva. A 35-year-old woman had fleshy salmon-pink conjunctival tumors in both eyes, oculus uterque (OU. Specimens from conjunctival tumors in the right eye, oculus dexter (OD, revealed a collection of small lymphoid cells in the stroma. Immunohistochemically, immunoglobulin (Ig light chain restriction was not detected. In contrast, diffuse atypical lymphoid cell infiltration was noted in the left eye, oculus sinister (OS, and positive for CD20, a marker for B cells OS. The tumors were histologically diagnosed as RLH OD, and EMZL OS. PCR analysis detected IgH gene rearrangement in the joining region (JH region OU. After 11 months, a re-biopsy specimen demonstrated EMZL based on compatible pathological and genetic findings OD, arising from RLH. This case suggests that even if the diagnosis of the conjunctival lymphoproliferative lesions is histologically benign, confirmation of the B-cell clonality by checking IgH gene rearrangement should be useful to predict the incidence of malignancy.

  3. 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

  4. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  5. The use of beryllium as a canning material the problems arising from the brittleness of the metal and their present solution; L'utilisation du beryllium comme materiau de gaine les problemes poses par la fragilite du metal et leurs solutions actuelles

    Energy Technology Data Exchange (ETDEWEB)

    Weisz, M; Mallen, J [Commissariat a l' Energie Atomique, Saclay (France). Centre d' Etudes Nucleaires

    1964-07-01

    Beryllium has been considered as a canning material for reactors of the EL 4 type (CO{sub 2} cooled, operating at 600 C). Two cases may be envisaged: either the can is not deformable under the exterior forces, but in this case a poor ductility may be tolerated, or else, the creep resistance is not sufficiently high; the ductility should then be high at operating temperatures and also at room temperature for thermal cycling. It became rapidly obvious that ordinary beryllium had not a sufficient creep resistance and it appeared difficult to increase it for EL 4 use (5 kg/mm{sup 2}). Other non-metallurgical factors also contributed to discard this approach. The second possibility was this considered and an attempt was made to increase the ductility of the metal which was for two low. The first objection was to determine to what extent this ductility depended on the purity. It is not yet possible to say whether the brittleness at ordinary temperatures is due to some low concentration of a particular impurity. In the purest beryllium, which can be obtained by distillation vacuum fusion zone melting or a combination of these methods the critical shear stress of the two possible slip modes (0001) and (10 1-bar 0) along (11 2-bar 0) are even more different than in the less pure metal. This means that in the polycrystal, the grains which can deform are those which are favourably oriented for basal slip and the fracture mode is still a cleavage along a basal plane. Neither from a theoretical nor a practical point of view has purification led to a solution to the problem of room-temperature brittleness. The lack of ductility observed around 600 C is undoubtedly due to the presence of impurities and inclusions (oxides). The solution is to use cast metal of industrial purity (or thermally treated in order to modify the impurity distribution) and to eliminate sintering as a production process. Since, on the other hand, the intrinsic problem of the low-temperature brittleness was

  6. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  7. Gerenciamento de riscos na prática ortodôntica: como se proteger de eventuais problemas legais Risk management in orthodontic practice: how to avoid legal problems

    Directory of Open Access Journals (Sweden)

    Ricardo Machado Cruz

    2008-02-01

    Full Text Available INTRODUÇÃO: A relação profissional-paciente na área de Ortodontia e Ortopedia facial é bastante desgastante face à longa duração dos tratamentos e, por causa disso, muitas vezes essa relação pode se deteriorar trazendo prejuízos a ambas as partes. OBJETIVO: Este trabalho visa informar o leitor, em linguagem acessível, sobre os principais problemas jurídicos que podem envolver o ortodontista em sua prática profissional, nas esferas cíveis, criminais e trabalhistas, bem como dos Conselhos Regionais de Odontologia. METODOLOGIA: Traça um perfil da atividade profissional em Ortodontia, analisa deveres e direitos do profissional e do paciente e estabelece alguns conceitos de gerenciamento de riscos a serem incorporados à clínica diária. RESULTADO E CONCLUSÃO: Além de trabalhar bem tecnicamente e com bom embasamento científico, o ortodontista atual deve saber como se prevenir de eventuais problemas legais. Este trabalho poderá servir como ferramenta de consulta para o estabelecimento de uma nova rotina clínica, administrativa e de relacionamento que seja mais segura do ponto de vista jurídico.INTRODUCTION: The professional relationship between the orthodontist and his patient is very consuming due to the long duration of clinical treatments. Frequently this relationship can be deteriorated causing damages to both sides. AIM: This paper aims to inform the reader, in an accessible language, about the main juridical problems that can involve the orthodontist in his practice, in the field of civil, criminal and labor law. METHODOLOGY: This paper draws the outline of professional activity in orthodontics, analyses obligations and rights of both orthodontists and patients and establishes some concepts of risk management that should be incorporated to the clinical practice. RESULTS AND CONCLUSION: Besides technically good and scientifically based work, orthodontists should know how to avoid legal problems. This paper can be an

  8. 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.

  9. Legal culture: characteristics and specifics (on the example of contemporary Kazakhstan

    Directory of Open Access Journals (Sweden)

    G R Absattarov

    2014-12-01

    Full Text Available The article considers the legal culture as an ‘ideal phenomenon’ providing value meanings for the outlook of the Kazakhs and the basis for the development of the population legal consciousness. The author focuses on the national significance of the legal, civil society and the development of new legal social ideals, norms and rules, examines key problems and contradictions in the legal culture of today’s Kazakhstan.

  10. Public relations violated by unlawful use of documents to form a legal entity

    Directory of Open Access Journals (Sweden)

    Petukhov E.V.

    2014-12-01

    Full Text Available The problems of determining the direct object of crime under article 173.2 of the RF Criminal Code are investigated. It’s noted that the article contains two independent corpus delicti. The characteristic that unites them is the direct object of crime, which is broken in two ways: by person providing the relevant documents and by person receiving these documents and information. Scientific points of view concerning the understanding of crime object are estimated. Understanding the object as a legal order of carrying out business activities doesn’t allow to outline the scope of the corresponding relations. Many crimes under chapter 22 of the RF Criminal Code impinge these relations. The author disagrees with the recognition of public relations, ensuring the use of necessary documents for registration of only those organizations that are engaged in lawful activities, as direct object of unlawful use of documents to form (establish, reorganize a legal entity. It’s emphasized that documents submission to the registering authority for registration of legal entities and individual entrepreneurs can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney. The fact of forming legal entity should be connected with certain individuals. Then the organization will have certain responsible persons. The act provided by the analyzed corpus delicti, contributes to this rule violation. It’s summarized that the direct object of crime under considered article is public relations arising due to ensuring the statutory procedure for personalization and identification of responsible individual forming (establishing, reorganizing a legal entity.

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

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

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

  12. 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

  13. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

    Full Text Available Unmanned vehicles are becoming a common sighting in our day-to-day life and are soon going to become an important economic drive in creating workspaces and help achieve new milestones in human activities. As such, the technology revolving around the unmanned vehicles will push itself as much as it’s needed but with each achievement in the field of robotics a legal issue arises around how to use the newly acquired piece of technology in a public or private space and whether or not should such a technology be placed under a strict governmental control. As the saying by Prof. Henry W. Haynes (1879 goes “The possession of great powers and capacity for good implies equally great responsibilities in their employment. Where so much has been given much is required.” so does an unmanned vehicle and its operator must follow a degree of legal guidelines on how to properly use the gadget and to also to understand the legal limitations when interacting with other entities. This paper will focus on identifying and answering some legal issues regarding what is required for a drone to fly over an identifiable space, but also if the operator must have a document that was conferred by a state to acknowledge the skills of the pilot or should a software limitation be in place for national security safeguards. The paper will also tackle the issue of identifying legal documents from different states that can be applied to drone flight operations and also if different states have adopted sanctions to persons who did not abide to said legal norms.

  14. Spinal cord injury arising in anaesthesia practice.

    Science.gov (United States)

    Hewson, D W; Bedforth, N M; Hardman, J G

    2018-01-01

    Spinal cord injury arising during anaesthetic practice is a rare event, but one that carries a significant burden in terms of morbidity and mortality. In this article, we will review the pathophysiology of spinal cord injury. We will then discuss injuries relating to patient position, spinal cord hypoperfusion and neuraxial techniques. The most serious causes of spinal cord injury - vertebral canal haematoma, spinal epidural abscess, meningitis and adhesive arachnoiditis - will be discussed in turn. For each condition, we draw attention to practical, evidence-based measures clinicians can undertake to reduce their incidence, or mitigate their severity. Finally, we will discuss transient neurological symptoms. Some cases of spinal cord injury during anaesthesia can be ascribed to anaesthesia itself, arising as a direct consequence of its conduct. The injury to a spinal nerve root by inaccurate and/or incautious needling during spinal anaesthesia is an obvious example. But in many cases, spinal cord injury during anaesthesia is not caused by, related to, or even associated with, the conduct of the anaesthetic. Surgical factors, whether direct (e.g. spinal nerve root damage due to incorrect pedicle screw placement) or indirect (e.g. cord ischaemia following aortic surgery) are responsible for a significant proportion of spinal cord injuries that occur concurrently with the delivery of regional or general anaesthesia. © 2018 The Association of Anaesthetists of Great Britain and Ireland.

  15. How does Investors' Legal Protection affect Productivity and Growth?

    OpenAIRE

    Binyamin Berdugo; Sharon Hadad

    2009-01-01

    This paper analyzes the implications of investors' legal protection on aggregate productivity and growth. We have two main results. First, that better investors' legal protection can mitigate agency problems between investors and innovators and therefore expand the range of high-tech projects that can be financed by non-bank investors. Second, investors' legal protection shifts investment resources from less productive (medium-tech) to highly productive (high-tech) projects and therefore enha...

  16. Should fully autonomous artificial intelligence systems be granted legal capacity?

    OpenAIRE

    Naučius, Mindaugas

    2018-01-01

    The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

  17. The legal and ethical issues in the techniques of blood transfusion ...

    African Journals Online (AJOL)

    The paper examines the legal and ethical issues that may arise and the principles that should be considered in the clinical practice for the transfusion of red blood cells and plasma into adults and children. Generally, the legal and ethical principles that apply to the medical transfusion therapy are not different from those ...

  18. Optimal control of switched systems arising in fermentation processes

    CERN Document Server

    Liu, Chongyang

    2014-01-01

    The book presents, in a systematic manner, the optimal controls under different mathematical models in fermentation processes. Variant mathematical models – i.e., those for multistage systems; switched autonomous systems; time-dependent and state-dependent switched systems; multistage time-delay systems and switched time-delay systems – for fed-batch fermentation processes are proposed and the theories and algorithms of their optimal control problems are studied and discussed. By putting forward novel methods and innovative tools, the book provides a state-of-the-art and comprehensive systematic treatment of optimal control problems arising in fermentation processes. It not only develops nonlinear dynamical system, optimal control theory and optimization algorithms, but can also help to increase productivity and provide valuable reference material on commercial fermentation processes.

  19. PLURALISME HUKUM DAN URGENSI KAJIAN SOCIO-LEGAL MENUJU STUDI DAN PENGEMBANGAN HUKUM YANG BERKEADILAN SOSIAL

    OpenAIRE

    Kurniawan, E. Joeni Arianto

    2012-01-01

    ‘Justice’, philosophically, is classified into two; legal justice and social justice. Legal justice refers to justice based on the parameters of the rules while social justice may be defined as equality arises from human relation in the existing social structure. Referring to the implementation of the law nowadays, it is likely that justice cannot be achieved by looking only at the legal justice. Providing justice should also count on the aspect of social justice. Most of the time, the proble...

  20. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  1. The risk to be tolerated and the limits of practical rationality - problems involved in nuclear licensing. - Are there prerogatives of the administration in decision-making. Fundamental criticism of the undefined legal concept in the law pertaining to plant licinsing

    International Nuclear Information System (INIS)

    Wolf, R.

    1986-01-01

    This chapter discusses in detail the litigation and court decisions in nuclear energy matters, with particular attention being given to the scope and distinctness of juristic interpretations of vaguely defined legal concepts, and to the definition of the 'risk to be tolerated'. Especially the court decisions on the nuclear power plant licences for the installations at Wuergassen, Wyhl, Grafenrheinfeld and Kalkar are reviewed under the following aspects: How safe is safe enough - bursting resistance - risk prevention and practical rationality - limits of scientific research into risk probability - fundamental criticism to be raised against vaguely defined legal terms and concepts in the law governing the licensing of nuclear installations. (HSCH) [de

  2. Adenocarcinoma arising in female urethral diverticulum

    International Nuclear Information System (INIS)

    Patanaphan, V.; Prempree, T.; Sewchand, W.; Hafiz, M.A.; Jaiwatana, J.

    1983-01-01

    Cancer arising from a female urethral diverticulum is rare, and because of its rarity, a review of the medical literature reveals significant nonuniformity in its management. We report an additional 2 cases of this disease, one of which has an even rarer feature of being mucin-producing. The management of our 2 cases is presented in detail and in line with the management of female urethral cancer. From our extensive literature search, diverticulectomy alone showed poor results with the highest rate of recurrence (67%). Extensive surgery, either in the form of cystourethrectomy or anterior exenteration, offered results comparable with those of combined therapy (diverticulectomy and full course of irradiation for early cases; preoperative irradiation followed by cystourethrectomy for late cases). Individualization of radiation treatment and cooperative effort between urologist and radiation oncologist are essential if best results are to be achieved

  3. Microbial diversity arising from thermodynamic constraints

    Science.gov (United States)

    Großkopf, Tobias; Soyer, Orkun S

    2016-01-01

    The microbial world displays an immense taxonomic diversity. This diversity is manifested also in a multitude of metabolic pathways that can utilise different substrates and produce different products. Here, we propose that these observations directly link to thermodynamic constraints that inherently arise from the metabolic basis of microbial growth. We show that thermodynamic constraints can enable coexistence of microbes that utilise the same substrate but produce different end products. We find that this thermodynamics-driven emergence of diversity is most relevant for metabolic conversions with low free energy as seen for example under anaerobic conditions, where population dynamics is governed by thermodynamic effects rather than kinetic factors such as substrate uptake rates. These findings provide a general understanding of the microbial diversity based on the first principles of thermodynamics. As such they provide a thermodynamics-based framework for explaining the observed microbial diversity in different natural and synthetic environments. PMID:27035705

  4. Microbial diversity arising from thermodynamic constraints.

    Science.gov (United States)

    Großkopf, Tobias; Soyer, Orkun S

    2016-11-01

    The microbial world displays an immense taxonomic diversity. This diversity is manifested also in a multitude of metabolic pathways that can utilise different substrates and produce different products. Here, we propose that these observations directly link to thermodynamic constraints that inherently arise from the metabolic basis of microbial growth. We show that thermodynamic constraints can enable coexistence of microbes that utilise the same substrate but produce different end products. We find that this thermodynamics-driven emergence of diversity is most relevant for metabolic conversions with low free energy as seen for example under anaerobic conditions, where population dynamics is governed by thermodynamic effects rather than kinetic factors such as substrate uptake rates. These findings provide a general understanding of the microbial diversity based on the first principles of thermodynamics. As such they provide a thermodynamics-based framework for explaining the observed microbial diversity in different natural and synthetic environments.

  5. High grade angiosarcoma arising in fibroadenoma

    Science.gov (United States)

    2011-01-01

    Primary angiosarcoma of the breast is a rare tumour that account for fewer than 0.05% of all malignant mammary tumours. Angiosarcoma may have an perfidious clinical onset. Radiologic findings are often nonspecific and may appear completely normal in one-third of cases with primary angiosarcoma. The prognosis is usually poor because of the high rates of local recurrence and early development of metastases. Aggressive surgical resection is the mainstay of treatment. The role of adjuvant therapy has not yet been well established. Here we present a case of a 53 year old, postmenopausal women with primary angiosarcoma arising in fibroadenoma. To our knowledge, this is the first case described in the literature to date. PMID:22185665

  6. Periorbital nodular fasciitis arising during pregnancy

    Directory of Open Access Journals (Sweden)

    Brandon N Phillips

    2014-01-01

    Full Text Available Nodular fasciitis (NF is a benign proliferation of fibroblasts and myofibroblasts that rarely occurs in the periorbital region. We report what we believe to be the first case of periorbital NF associated with pregnancy. A case of intravascular fasciitis, a NF variant, has been reported during pregnancy, but it was not located in the periorbital region. A weak presence of estrogen receptors has been reported in NF. This may make it more susceptible to the hormone-related changes during pregnancy and contribute to the development of the lesion by stimulating fibroblasts and smooth muscle cell types. Although rare, NF should be considered in the differential diagnosis of periorbital soft-tissue masses arising during pregnancy.

  7. Airborne iodine-125 arising from surface contamination

    International Nuclear Information System (INIS)

    Kwok, C.S.; Hilditch, T.E.

    1982-01-01

    Measurements of airborne 125 I were made during the subdivision of 740 MBq stocks of 125 I iodide solution in a hospital dispensary. Within the fume cupboard the mean airborne 125 I concentration was 3.5 +- 2.9 kBqm -3 . No airborne concentration contamination was found outside the fume cupboard during these dispensing sessions. The airborne 125 I concentration arising from deliberate surface contamination (50 μl, 3.7-6.3 MBq) of the top of a lead pot was measured at a height simulating face level at an open work bench. There was a progressive fall in airborne concentration over seven days but even then the level was still significantly above background. Measurements made with the extraction system of the fume cupboard in operation were 2-3 times lower. (U.K.)

  8. Survival of mutations arising during invasions.

    Science.gov (United States)

    Miller, Judith R

    2010-03-01

    When a neutral mutation arises in an invading population, it quickly either dies out or 'surfs', i.e. it comes to occupy almost all the habitat available at its time of origin. Beneficial mutations can also surf, as can deleterious mutations over finite time spans. We develop descriptive statistical models that quantify the relationship between the probability that a mutation will surf and demographic parameters for a cellular automaton model of surfing. We also provide a simple analytic model that performs well at predicting the probability of surfing for neutral and beneficial mutations in one dimension. The results suggest that factors - possibly including even abiotic factors - that promote invasion success may also increase the probability of surfing and associated adaptive genetic change, conditioned on such success.

  9. 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

  10. The legal status of engineering companies

    International Nuclear Information System (INIS)

    1981-10-01

    It is assumed that the carrying out of research, also in the nuclear field should be entrusted to engineering companies, especially when dealing with the setting up of technological structures. This paper considers the problems of the legal status of such companies under Italian legislation. (NEA) [fr

  11. Multigrid Algorithms for the Solution of Linear Complementarity Problems Arising from Free Boundary Problems.

    Science.gov (United States)

    1980-10-01

    solving (1.3); PFAS combines the concepts of multigrid algorithms with those of projected SOR. In Section 3, we discuss the implementation of PFAS, and...numerique de la torsion elasto- plastique d’une barre cylindrique. In Approximation et Methodes Iteratives de Resolution d’Inequations Variationelles et

  12. Legal aspects of public participation in the planning/licensing of environmentally related large-scale projects

    International Nuclear Information System (INIS)

    Kurz, A.

    1992-02-01

    A variety of legal problems arise in the planning/licensing of environmentally related large-scale projects associated with the control and evaluation of technical conditions and the ramifications in social and legal policy of the acceptance of, and resistance to, such projects. On the basis of a number of partial studies e.g. of the licensing procedure of a nuclear power plant (Neckar-2 reactor), the author examines the legal aspects of public participation in the administrative procedure of licensing/plans approval. The dichotomy of law and technology is covered, and public participation in administrative procedures is derived legally from the basic constitutional rights and the principle of fair hearing. After an outline of specific administrative procedures, public participation as part of administrative procedures is included in the broad legal framework of licensing/plans approval of environmentally related large-scale projects. The author concludes that public participation, within the framework of the basic decisions established by legislature, is not a tool to be used in deciding basic political conflicts. Instead, public participations in the application of law serves to protect the rights of the individual by ensuring fair proceedings paying attention to the subjective rights of the individual. As it is unable to decide political conflicts, it is also an unsuitable means of establishing of basic societal consensus, or of seeking acceptance of large-scale projects. This is reflected also in studies of the legal functions of public participation, according to which the lawfulness of procedures is observed without, however, the legitimacy of the project being achieved. (orig./HP) [de

  13. Radiographic investigations during medico-legal autopsies

    Energy Technology Data Exchange (ETDEWEB)

    Bratzke, H.; Schneider, V.; Dietz, W.

    1982-04-01

    During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described.

  14. 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.

  15. 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).

  16. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  17. Cutaneous leiomyosarcoma arising in a smallpox scar.

    Science.gov (United States)

    Pol, Robert A; Dannenberg, Hilde; Robertus, Jan-Lukas; van Ginkel, Robert J

    2012-07-16

    Cutaneous leiomyosarcoma (CLM) is a very rare smooth muscle tumour that accounts for about 2-3% of all superficial soft tissue sarcomas. Although the development of various malignancies in scar tissue is well known, we report the first case of a CLM developing in a small pox scar. A 66-year-old man presented with a painless, slow-growing lump in a small pox scar on his left shoulder. Histological biopsies showed the lesion to be a primary, well-differentiated cutaneous leiomyosarcoma. A CT scan of the thorax was conducted, which showed no signs of metastases. The complete lesion was then surgically excised, and histopathological examination revealed a radically excised cutaneous type leiomyosarcoma After 13 months' review the patient was doing well with no evidence of tumour recurrence. This is the first report of a CLM arising in a small pox scar. Although the extended time interval between scarring and malignant changes makes it difficult to advise strict follow-up for patients with small pox scars, one should be aware that atypical changes and/or symptoms occurring in a small pox scar could potentially mean malignant transformation.

  18. Cutaneous leiomyosarcoma arising in a smallpox scar

    Directory of Open Access Journals (Sweden)

    Pol Robert A

    2012-07-01

    Full Text Available Abstract Background Cutaneous leiomyosarcoma (CLM is a very rare smooth muscle tumour that accounts for about 2–3% of all superficial soft tissue sarcomas. Although the development of various malignancies in scar tissue is well known, we report the first case of a CLM developing in a small pox scar. Case presentation A 66-year-old man presented with a painless, slow-growing lump in a small pox scar on his left shoulder. Histological biopsies showed the lesion to be a primary, well-differentiated cutaneous leiomyosarcoma. A CT scan of the thorax was conducted, which showed no signs of metastases. The complete lesion was then surgically excised, and histopathological examination revealed a radically excised cutaneous type leiomyosarcoma After 13 months’ review the patient was doing well with no evidence of tumour recurrence. Conclusions This is the first report of a CLM arising in a small pox scar. Although the extended time interval between scarring and malignant changes makes it difficult to advise strict follow-up for patients with small pox scars, one should be aware that atypical changes and/or symptoms occurring in a small pox scar could potentially mean malignant transformation.

  19. Chemodectomas arising in temporal bone structures

    International Nuclear Information System (INIS)

    Dickens, W.J.; Million, R.R.; Cassisi, N.J.; Singleton, G.T.

    1982-01-01

    Eighteen patients with chemodectomas arising in temporal bone structures were evaluated and treated at the University of Florida. Seventeen patients have each been followed a minimum of 3 years. Patients were retrospectively staged as having ''local'' or ''advanced'' disease, depending on the presence or absence of bone destruction and/or cranial nerve involvement. Fourteen of the patients received radiation therapy as all or part of their therapy; 6 patients were treated with radiation therapy alone, 3 patients were irradiated immediately postoperatively for residual disease, and 5 patients had radiation therapy for recurrence after operation. They were treated with cobalt-60 radiation with doses ranging from 3760 to 5640 rad. All irradiated patients demonstrated evidence of tumor regression, and none have had tumor recurrence with followup of 3-12 years. Of the 8 patients with cranial nerve paralysis prior to therapy, 5 had return of function of 1 or more cranial nerves. One of 6 patients treated initially with radiation therapy had a complication, while 6 of 8 patients irradiated postoperatively had complications. None of the complications were fatal. Three patients treated by operation for early disease limited to the hypotympanum had the disease controlled for 11-12 years. Guidelines for the selection of initial therapy are discussed

  20. Radiological emergencies arising from accidents in Italy

    International Nuclear Information System (INIS)

    Bazzan, A.

    1986-01-01

    The Nuclear Safety and Health Protection Directorate (DISP) of ENEA has organized a structure of officers and technicians on call whenever an accident related to the activity of ENEA-DISP should occur. The most frequent events arise from natural misfortunes, crime, and deficiencies in public services. As regards technical operations such as measurements, removals, decontaminations and transport, DISP requests utilization of the different structures and equipment available to ENEA research centres and, in particular and most frequently, of the Safety and Radioprotection Division of the main ENEA centre: the Casaccia Research Centre. The technicians of this division are always available via telephone or radio, with the firm duty to be present within one hour from the call. The co-operation between these two structures enables timely and efficient intervention in many circumstances so that population and environmental risks can be avoided. Typical accidental situations are earthquakes, adverse atmospheric events, landslides, collapses, railway and road accidents, lost sources discovery, and seizure of illegally detained sources by judicial power. The paper briefly describes some of the situations which have occurred, and the actions carried out to recover sources and to re-establish safe environmental conditions. (author)

  1. Judicial protection of pension rights: problems of theory and practice

    Directory of Open Access Journals (Sweden)

    Marina G. Sedelnikova

    2018-01-01

    Full Text Available The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (formal-legal methods method of legal interpretation were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive

  2. Arise--the Gentry are Coming!

    Science.gov (United States)

    McCaffrey, Patrick

    1982-01-01

    Gentrification, or the return of the middle class to renovated inner-city neighborhoods, is forcing out the aged and minority poor who can no longer afford the higher cost of housing in those areas. This has created the problem of a population of mostly Blacks and ethnic groups. (Author/MJL)

  3. 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...

  4. 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.

  5. 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)

  6. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  7. 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

  8. Legal and Administrative Problems of Controlling the Disposal of Nuclear Wastes in the Sea; Problemes Juridiques et Administratifs Poses par le Controle de l'Elimination des Dechets Nucleaires dans la Mer; 041f 0420 041e 0414 ; Problemas Juridicos y Administrativos que Plantea el Control de la Evacuacion de Desechos Nucleares En El Mar

    Energy Technology Data Exchange (ETDEWEB)

    Hydeman, Lee M.; Berman, William H. [Atomic Energy Research Project, University of Michigan Law School (United States)

    1960-07-01

    The basic purpose of the paper is to present some approaches to multinational control of the sea disposal of nuclear wastes, considering both the type of international .control which may be appropriate and the means for accomplishing such control. First, the authors give a brief description of the kind of control which appears to be necessary in protecting public health against the hazards of the disposal of wastes in the sea. The second part consists of a general analysis of the legal problems posed by nuclear wastes. Emphasis is placed on the authority of coastal states to impose unilateral control on the disposal of wastes by other nations if such disposal might adversely affect their interests. The authors inquire into the adequacy of legal remedies as well as the possible rule of law regarding the prevention of damage from waste disposal and the apportionment of liability in the event that such damage does occur. The third part is an analysis of how other problems of control have been handled, both unilaterally and multilaterally. The final part consists of an inquiry into various means of internationally controlling the sea disposal of nuclear wastes. The role of existing international bodies in the maintenance of continuing administrative control at the international level is mentioned. (author) [French] Le but essentiel du memoire est d'exposer diverses facons d'envisager le probleme du controle multinational de l'evacuation des dechets nucleaires dans l'eau de mer, en examinant a la fois le type de controle international approprie et les moyens de le mettre en oeuvre. La premiere partie contiendra une description succincte du genre de controle qui semble necessaire pour la protection de la sante publique contre les effets de l'evacuation des dechets dans la mer. La deuxieme partie consistera en une analyse generale des problemes juridiques poses par. l'elimination des dechets nucleaires. Les auteurs traiteront particulierement du droit des Etats riverains

  9. SCALE--A Conceptual and Transactional Method of Legal Study.

    Science.gov (United States)

    Johnson, Darrell B.

    1985-01-01

    Southwestern University School of Law's two-year, intensive, year-round program, the Southwestern Conceptual Approach to Legal Education, which emphasizes hypothetical problems as teaching tools rather than the case-book method, is described. (MSE)

  10. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

    Gowensmith, W Neil; Murrie, Daniel C; Boccaccini, Marcus T

    2013-04-01

    When different clinicians evaluate the same criminal defendant's legal sanity, do they reach the same conclusion? Because Hawaii law requires multiple, independent evaluations when questions about legal sanity arise, Hawaii allows for the first contemporary study of the reliability of legal sanity opinions in routine practice in the United States. We examined 483 evaluation reports, addressing 165 criminal defendants, in which up to three forensic psychiatrists or psychologists offered independent opinions on a defendant's legal sanity. Evaluators reached unanimous agreement regarding legal sanity in only 55.1% of cases. Evaluators tended to disagree more often when a defendant was under the influence of drugs or alcohol at the time of the offense. But evaluators tended to agree more often when they agreed about diagnosing a psychotic disorder, or when the defendant had been psychiatrically hospitalized shortly before the offense. In court, judges followed the majority opinion among evaluators in 91% of cases. But when judges disagreed with the majority opinion, they usually did so to find defendants legally sane, rather than insane. Overall, this study indicates that reliability among practicing forensic evaluators addressing legal sanity may be poorer than the field has tended to assume. Although agreement appears more likely in some cases than others, the frequent disagreements suggest a need for improved training and practice.

  11. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

    Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

  12. Source terms for airborne radioactivity arising from uranium mill wastes

    International Nuclear Information System (INIS)

    O'Riordan, M.C.; Downing, A.L.

    1978-01-01

    One of the problems in assessing the radiological impact of uranium milling is to determine the rates of release to the air of material from the various sources of radioactivity. Such source terms are required for modelling the transport of radioactive material in the atmosphere. Activity arises from various point and area sources in the mill itself and from the mill tailings. The state of the tailings changes in time from slurry to solid. A layer of water may be maintained over the solids during the life of the mine, and the tailings may be covered with inert material on abandonment. Releases may be both gaseous and particulate. This paper indicates ways in which radon emanation and the suspension of long-lived particulate activity might be quantified, and areas requiring further exploration are identified

  13. Dioxins: diagnostic and prognostic challenges arising from complex mechanisms

    DEFF Research Database (Denmark)

    Rysavy, Noel M.; Maaetoft-Udsen, Kristina; Turner, Helen

    2013-01-01

    Dioxins are ubiquitous environmental challenges to humans, with a pervasiveness that arises from 200?years of rapid industrialization and mechanization of Western societies and which is now extending into the developing world. In spite of their penetrance of the human biota, these compounds...... such as cancer and diabetes, which are already multifactorial and highly complex, creates the context for the current review paper. Here, we summarize dioxin exposure paradigms and the resulting physiological effects that have been documented in animals and humans. Novel insights into potential endogenous end...... exogenous ligands, as well as the mechanisms by which these ligands impact acute and chronic cellular processes, are discussed. We develop the idea that the diagnosis of dioxin exposure, the subtleties of the cellular effects of the compounds and prognosis of the long-term effects of exposure are problems...

  14. Surprises and pitfalls arising from (pseudo)symmetry

    International Nuclear Information System (INIS)

    Zwart, Peter H.; Grosse-Kunstleve, Ralf W.; Lebedev, Andrey A.; Murshudov, Garib N.; Adams, Paul D.

    2008-01-01

    The presence of pseudosymmetry can cause problems in structure determination and refinement. The relevant background and representative examples are presented. It is not uncommon for protein crystals to crystallize with more than a single molecule per asymmetric unit. When more than a single molecule is present in the asymmetric unit, various pathological situations such as twinning, modulated crystals and pseudo translational or rotational symmetry can arise. The presence of pseudosymmetry can lead to uncertainties about the correct space group, especially in the presence of twinning. The background to certain common pathologies is presented and a new notation for space groups in unusual settings is introduced. The main concepts are illustrated with several examples from the literature and the Protein Data Bank

  15. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  16. A surgeon, a rabbi and a lawyer walk in to an OR… Absorbable haemostatic agents and the dangers of product evolution – clinical, religious and legal implications

    Directory of Open Access Journals (Sweden)

    Laurence Gluch

    2018-01-01

    Full Text Available Adjunctive haemostatic agents have been used in surgery for over 70 years. What surgeons may not know is that products intended for similar applications may have very different biological properties and that occasionally product upgrades may introduce a change in the material’s behaviour. Many of the agents employed to assist in haemostasis may have a biological (animal origin. A recent case brought to light the need to recognise the possibility of biological interactions. As consideration into this surgical problem unfolded, religious and legal questions began to arise.

  17. 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.

  18. Avoiding legal pitfalls in surrogacy arrangements.

    Science.gov (United States)

    James, Summer; Chilvers, Rebecca; Havemann, Dara; Phelps, John Y

    2010-12-01

    The goal of this article is to discuss the legal pitfalls that reproductive endocrinologists face when participating in gestational surrogacy contracts. This paper was composed using Westlaw and LexisNexis commercial legal search engines to perform a review of statutes and cases pertaining to gestational surrogacy. The search results demonstrated that in the absence of suitable preparation, there is significant potential for litigation while participating in gestational agreements. Providers caring for gestational carriers have been named as parties in lawsuits for failure to provide psychological screening, failure to screen for infectious disease and participation in gestational contracts that are not compliant with state law. There is great disparity in state laws and court rulings pertaining to gestational agreements. When legal disputes arise, individual state laws and court rulings are controlling over the Uniform Parentage Act. Likewise, recommendations by the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine do not supersede state laws. The failure to abide by individual state laws unnecessarily exposes reproductive endocrinologists and their IVF facilities to potential litigation. In order to lessen exposure to litigation, an understanding of individual state legislation or historical court rulings is advised. Copyright © 2010 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

  19. Primary extradural meningioma arising from the calvarium | Ravi ...

    African Journals Online (AJOL)

    Meningiomas are the most common intracranial tumours. Meningiomas arising at other locations are termed primary extradural meningiomas (EDMs) and are rare. Here we report a case of EDM arising from the calvarium – a primary calvarial meningioma (PCM).

  20. 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

  1. THE STATUS OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EUROPEAN UNION IN THE EU LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Agoston Mohay

    2017-12-01

    Full Text Available The European Union is a member of the international community and is a party to numerous international agreements. The status of these international agreements in the EU legal order however is not made expressly clear by the Treaties. The most pertinent question that arises is whether secondary EU law may be reviewed in the light of international agreements in annulment procedures or preliminary ruling procedures before the Court of Justice of the EU. In its jurisprudence the Court of Justice has tied the possibility of review to the question of the direct effect of international treaties, but there are some issues of consistency in this regard. This problem is a part of the broader question of the relationship of international law and EU law, including the question whether this relationship is more akin to a monist or a dualist approach.

  2. [Practical experiences in legal counseling of foreign workers].

    Science.gov (United States)

    Pestalozzi-Seger, G

    1992-09-01

    When foreign workers ask for legal advice, very often their questions concern primarily insurance rights for disability. Most uncertainties exist about specific clauses in the legislation on disability insurance and about the measurings of disability. Primarily, discussions arise from controversy about claims made to the state disability insurance. The legislation on disability insurance establishes strict requirements for foreigners asking for insurance rights for disability. However, the Agreement on Social Security signed worldwide by over 20 nations being more tolerant in terms of disability insurance, Swiss legislation can be applied only to a minority of foreigners. That is why the system of legislation has become so complex. There are two major points that are rigidly to be observed: On one hand, the process of reintegration measures can start only if the prescribed minimum duration of contributions is guaranteed. On the other, proceedings for disability pensions can be initiated only after the currently valid waiting period. In both cases, it is considerably important that the patient has a domicile in Switzerland or a valid residence permit. Numerous disagreements can possibly result during the evaluation of the degree of disability, as certain factors-such as language problems, lack of education or the labour market situation-, which are not directly linked to the disability, are not taken into consideration.

  3. Squamous cell carcinoma arising in an odontogenic cyst

    International Nuclear Information System (INIS)

    Yu, Jae Jung; Hwang, Eui Hwan; Lee, Sang Rae; Choi, Jeong Hee

    2003-01-01

    Squamous cell carcinoma arising in an odontogenic cyst is uncommon. The diagnosis of carcinoma arising in a cyst requires that there must be an area of microscopic transition from the benign epithelial cyst lining to the invasive squamous cell carcinoma. We report a histopathologically proven case of squamous cell carcinoma arising in a residual mandibular cyst in a 54-year-old woman.

  4. 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.

  5. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  6. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  7. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  8. Legalities of the radiograph

    International Nuclear Information System (INIS)

    Bundy, A.L.

    1988-01-01

    The radiograph itself plays a major role in medical malpractice cases. Also, many questions arise concerning the rights to and storage of x-ray films. These issues are addressed in this chapter. To keep the terminology simple, the word radiograph represents all imaging documentation on hard copy film (x-rays, nuclear medicine, computer-assisted studies, ultrasound, and magnetic resonance imaging)

  9. 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.

  10. THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

    Directory of Open Access Journals (Sweden)

    Eugene Stepanovich Shevlakov

    2015-09-01

    Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

  11. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  12. 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.

  13. Fast multipole preconditioners for sparse matrices arising from elliptic equations

    KAUST Repository

    Ibeid, Huda

    2017-11-09

    Among optimal hierarchical algorithms for the computational solution of elliptic problems, the fast multipole method (FMM) stands out for its adaptability to emerging architectures, having high arithmetic intensity, tunable accuracy, and relaxable global synchronization requirements. We demonstrate that, beyond its traditional use as a solver in problems for which explicit free-space kernel representations are available, the FMM has applicability as a preconditioner in finite domain elliptic boundary value problems, by equipping it with boundary integral capability for satisfying conditions at finite boundaries and by wrapping it in a Krylov method for extensibility to more general operators. Here, we do not discuss the well developed applications of FMM to implement matrix-vector multiplications within Krylov solvers of boundary element methods. Instead, we propose using FMM for the volume-to-volume contribution of inhomogeneous Poisson-like problems, where the boundary integral is a small part of the overall computation. Our method may be used to precondition sparse matrices arising from finite difference/element discretizations, and can handle a broader range of scientific applications. It is capable of algebraic convergence rates down to the truncation error of the discretized PDE comparable to those of multigrid methods, and it offers potentially superior multicore and distributed memory scalability properties on commodity architecture supercomputers. Compared with other methods exploiting the low-rank character of off-diagonal blocks of the dense resolvent operator, FMM-preconditioned Krylov iteration may reduce the amount of communication because it is matrix-free and exploits the tree structure of FMM. We describe our tests in reproducible detail with freely available codes and outline directions for further extensibility.

  14. Fast multipole preconditioners for sparse matrices arising from elliptic equations

    KAUST Repository

    Ibeid, Huda; Yokota, Rio; Pestana, Jennifer; Keyes, David E.

    2017-01-01

    Among optimal hierarchical algorithms for the computational solution of elliptic problems, the fast multipole method (FMM) stands out for its adaptability to emerging architectures, having high arithmetic intensity, tunable accuracy, and relaxable global synchronization requirements. We demonstrate that, beyond its traditional use as a solver in problems for which explicit free-space kernel representations are available, the FMM has applicability as a preconditioner in finite domain elliptic boundary value problems, by equipping it with boundary integral capability for satisfying conditions at finite boundaries and by wrapping it in a Krylov method for extensibility to more general operators. Here, we do not discuss the well developed applications of FMM to implement matrix-vector multiplications within Krylov solvers of boundary element methods. Instead, we propose using FMM for the volume-to-volume contribution of inhomogeneous Poisson-like problems, where the boundary integral is a small part of the overall computation. Our method may be used to precondition sparse matrices arising from finite difference/element discretizations, and can handle a broader range of scientific applications. It is capable of algebraic convergence rates down to the truncation error of the discretized PDE comparable to those of multigrid methods, and it offers potentially superior multicore and distributed memory scalability properties on commodity architecture supercomputers. Compared with other methods exploiting the low-rank character of off-diagonal blocks of the dense resolvent operator, FMM-preconditioned Krylov iteration may reduce the amount of communication because it is matrix-free and exploits the tree structure of FMM. We describe our tests in reproducible detail with freely available codes and outline directions for further extensibility.

  15. The principle of state sovereignty in the Agreement on the Guarani Aquifer and legal problems specific to Argentina; El principio de la soberania estatal en el Acuerdo sobre el Acuifero Guarani. Problemas juridicos particulares de la Argentina

    Energy Technology Data Exchange (ETDEWEB)

    Apesteguia, G. J.

    2012-11-01

    The Agreement on the Guarani Aquifer (AGA) devotes its first three articles specifically to the state sovereignty of the parties with regard to the Guarani Aquifer System (GAS). The AGA reveals its intention to establish two inherent points concerning dominion over the water resource in question: the first refers to the ownership of the GAS by the parties involved (without the Agreements expressly alluding in its Art. 1 to the territorial scope of this dominion, as it does in the following point), and the second refers to the implementation of the law, which, according to Art. 2, subordinates it to constitutional and legal requirements and pursuant to the rules of applicable international law, a passage which leaves us with two questions: Does it entail an order of regulatory precedence? is international law reduced to the observance of legal precedents? For Argentina, the ruling in Art. 2 of the AGA will require great efforts to reconcile its legislative and judicial criteria on the two points mentioned: ownership and the environmental aspects of the different activities allowed on the surface above the GAS. In my opinion, Argentina must tackle the following legal issues: a) To amend the Civil Code (resolving the matter of the extent of the private dominion belonging to the owner of the ground above the groundwater); b) To legislate on aquifers at the federal level, bearing in mind the existing state norms; c) To restrict the access to and use of the GAS to the local people, being as it is the only resource of water for many communities. (Author)

  16. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  17. Based on Civil Law Perspective of Study on the Legal Problems of the Protection of Personal Information%民法角度下个人信息保护的相关问题探讨

    Institute of Scientific and Technical Information of China (English)

    李宁; 贾茜

    2017-01-01

    With the rapid development of society,in recent years,people's personal information has been illegally collected for illegal channels,personal information is no longer used to steal the use of more and more.However,there is no definite legal provision in the existing legal provisions of personal information,and the existence of its legal system is almost blank,leading to more and more information theft cases.For China's current personal information protection issues,a variety of civil law scholars say that the reason,or because of the current law of China's lack of civil law and the relevant departments of the supervision of dereliction of duty.Leading to the protection of the current personal information in China is facing a grim situation.To clarify the current legal provisions of the protection of personal information,it is necessary to personal information on the rule of law attributes of the analysis of personal information that the privacy rights and other issues.But the personal information is still in a framework of the concept of rights,it must be explained for the concept,it is more conducive to the legal positioning of personal information protection,to achieve the protection of personal information rights and interests,so as to effectively achieve the personal information of the property theory to protect the continuation The Through the elaboration of the theoretical development and the present situation of the personal information right,this article analyzes the dilemma faced by the current personal information protection in our country,so as to explore the way to effectively protect the personal information.%随着社会的飞速发展,近年来,人们的个人信息被非法采集用于非法途径,个人信息无端被盗窃使用的行为越来越多.但是我国目前对于个人信息没有确切的法律规定,其法律制度的存在作用近乎空白,导致越来越多的信息盗窃侵权案件发生.对于我国当前的个人信息保护

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

    Science.gov (United States)

    Murphy, Tonia Hap

    2009-01-01

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

  19. From the testing to the deployment of self-driving cars : Legal challenges to policymakers on the road ahead

    NARCIS (Netherlands)

    Vellinga, Nynke E.

    2017-01-01

    Self-driving cars and self-driving technology are tested on public roads in several countries on a large scale. With this development not only technical, but also legal questions arise. This article will give a brief overview of the legal developments in multiple jurisdictions – California (USA),

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

    OpenAIRE

    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...

  1. 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.

  2. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  3. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  4. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  5. 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

  6. MAP estimators and their consistency in Bayesian nonparametric inverse problems

    KAUST Repository

    Dashti, M.; Law, K. J H; Stuart, A. M.; Voss, J.

    2013-01-01

    with examples from an inverse problem for the Navier-Stokes equation, motivated by problems arising in weather forecasting, and from the theory of conditioned diffusions, motivated by problems arising in molecular dynamics. © 2013 IOP Publishing Ltd.

  7. Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

    Directory of Open Access Journals (Sweden)

    Oţăt Diana

    2015-12-01

    Full Text Available Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.

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

    Science.gov (United States)

    Hyman, A

    1996-01-01

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

  9. On the solution of a rational matrix equation arising in G-networks

    NARCIS (Netherlands)

    B. Meini (Beatrice); T. Nesti (Tommaso)

    2017-01-01

    textabstractWe consider the problem of solving a rational matrix equation arising in the solution of G-networks. We propose and analyze two numerical methods: a fixed point iteration and the Newton–Raphson method. The fixed point iteration is shown to be globally convergent with linear convergence

  10. On the Linearized Darboux Equation Arising in Isometric Embedding of the Alexandrov Positive Annulus

    Institute of Scientific and Technical Information of China (English)

    Chunhe LI

    2013-01-01

    In the present paper,the solvability condition of the linearized Gauss-Codazzi system and the solutions to the homogenous system are given.In the meantime,the Solvability of a relevant linearized Darboux equation is given.The equations are arising in a geometric problem which is concerned with the realization of the Alexandrov's positive annulus in R3.

  11. An analysis of the perceived difficulties arising during the process of integrating management systems

    Directory of Open Access Journals (Sweden)

    Jesus Abad

    2016-09-01

    Originality/value: Most research emphasises the benefits of integrated management systems. By analysing the difficulties that arise during the integration process, this study contributes to fill a gap in the literature on the problems associated with processes of organisational change, in our case the integration of management systems.

  12. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

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

  13. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  14. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  15. 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.

  16. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  17. Wilms tumor arising in extracoelomic paravertebral soft tissues.

    LENUS (Irish Health Repository)

    Mulligan, Linda

    2012-02-01

    Extrarenal Wilms tumor (ERWT) is a well-established entity which most commonly arises within the genitourinary tract, including intracoelomic paranephric soft tissue. Rarely, ERWT arises within teratoma, and it tends to occur predominantly in distinct settings, such as females with spinal defects and males with testicular teratomas. We report a unique ERWT arising within an extracoelomic teratoma of the paraspinal musculature, thereby expanding the range of reported locations for this unusual tumor.

  18. 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

  19. Self-marketing and self-consumption by third parties according to the EEG. Practical and legal problems of marketing and selling of self-produced solar electricity; Eigenvermarktung und Selbstverbrauch durch Dritte nach EEG. Praktische und rechtliche Fragen der Veraeusserung selbsterzeugten Solarstroms

    Energy Technology Data Exchange (ETDEWEB)

    Hahn, Christopher; Naumann, Daniel [Luther Rechtsanwaltsgesellschaft mbH, Leipzig (Germany)

    2012-07-01

    According to Section 33 No. 2 p. 1 EEG, reimbursement for photovoltaic power generation must be granted also if a third party consumes the generated power in the immediate vicinity in the plant and is able to prove it. The wording of the law is ambiguous as 'third party' and 'self-consumption' do not immediately specify when a right to reimbursement has arisen and when not. The contribution attempts to help with the solution of these interpretation problems and also throws a light on the rights and obligations of a PV plant owner in general. The high practical relevance of the issue is also reflected in the fact that the legal problems discussed here were implemented, and solved to a large extent, in the amendment of the EEG that came into force on 1 January 2012.

  20. Contemporary Legal Issues in Electronic Commerce in Nigeria

    Directory of Open Access Journals (Sweden)

    TI Akomolede

    2008-10-01

    Full Text Available The Internet has no doubt added a great deal to the quality of human life today. It has knitted the world together as a global village. Many difficulties which hampered international and even national commercial transactions in the past have now been consigned to the dust-bin of history. The emergence of electronic commerce is as a result of the creation of the internet, through which commercial transactions are conducted between parties from different parts of the world and who may never see themselves in their lifetimes. However, the emergence of electronic commerce has also brought with it a number of legal and socio-economic problems, especially in the developing nations such as Nigeria – problems which pose significance challenges to the legal regime of electronic commerce in those countries. This paper examines these legal issues within the context of the current legal and regulatory framework for electronic commerce in Nigeria.

  1. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  2. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) 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...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  3. Solitary Fibrous Tumor Arising from Stomach: CT Findings

    Science.gov (United States)

    Park, Sung Hee; Kwon, Jieun; Park, Jong-pil; Park, Mi-Suk; Lim, Joon Seok; Kim, Joo Hee; Kim, Ki Whang

    2007-01-01

    Solitary fibrous tumors are spindle-cell neoplasms that usually develop in the pleura and peritoneum, and rarely arise in the stomach. To our knowledge, there is only one case reporting a solitary fibrous tumor arising from stomach in the English literature. Here we report the case of a 26-year-old man with a large solitary fibrous tumor arising from the stomach which involved the submucosa and muscular layer and resembled a gastrointestinal stromal tumor in the stomach, based on what was seen during abdominal computed tomography. A solitary fibrous tumor arising from the stomach, although rare, could be considered as a diagnostic possibility for gastric submucosal tumors. PMID:18159603

  4. Radiographic investigations during medico-legal autopsies

    International Nuclear Information System (INIS)

    Bratzke, H.; Schneider, V.; Dietz, W.

    1982-01-01

    During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described. (orig.) [de

  5. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

  6. Representation and Non-representation of Knowledge Mediation in Legal Contracts

    DEFF Research Database (Denmark)

    Larsen, Aase Voldgaard

    takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

  7. LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

    Directory of Open Access Journals (Sweden)

    Damir Aviani

    2008-01-01

    Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

  8. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    The general legal framework covering economic transactions has been created long before the creation of electronic commerce. Therefore most regulation more or less explicitly assumes that goods have a physical appearance and that all contractual issues are settled either orally or by use of paper...... into this new situation. This creates a number of legal and regulatory problems, which - if not resolved - may restrict further growth of electronic commerce. This paper deals with the consumer related aspects of this regulatory challenge....

  9. Legal regulation of public relations related to the use of the Internet

    Directory of Open Access Journals (Sweden)

    О. Ю. Битяк

    2015-05-01

    Full Text Available Problem setting. Using Internet technologies is essential to the functioning of public institutions and the economy, public policy in conditions of world globalization. Continues to be problematic issue of protecting the rights and interests of individuals and businesses in the Internet. The issue of legal regulation of social relations associated with the use interenet technology is also controversial in terms of academics conceptually – appropriate or not regulation of such relationship, what is the relationship that their essence and that their contents. Recent research and publications analysis. Known for lawyers is to look at the relationship as a product of interaction between people and all kinds and forms relationships arising and function in society is public, aimed at meeting the needs and interests of individuals or their associations. However, the relationship between certain subjects arise and only in such circumstances may use legal mechanisms for the settlement of constitutional, civil, administrative, economic, legal and other relations. In all cases of this relationship is at least two parties, the two entities for the right (law does not matter in which organizational and legal state, they are relative to each other. It is important that they enter into relationships with each other, and these relations can settle right. Participants Internet relationship certainly serve certain organizations and individuals, but they are not identified as personalities. Each participant may make Internet network any information, preferably only that it did not cause harm to others. Unfortunately this is not always the case. On the Internet you can find data relating to individuals, the way is not always true, but set them Distributor virtually impossible. In the Internet greatly increased the number of entities that use of the Internet in various fields - social, economic, political, cultural, religious, gender, etc. In this regard, we can

  10. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  11. 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

  12. 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.

  13. Abortion in Iranian legal system: a review.

    Science.gov (United States)

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

  14. 32 CFR 537.19 - Demands arising from maritime claims.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Demands arising from maritime claims. 537.19 Section 537.19 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY CLAIMS AND ACCOUNTS CLAIMS ON BEHALF OF THE UNITED STATES § 537.19 Demands arising from maritime claims. (a) It is...

  15. The impact of alternate weekly collections on waste arisings

    Energy Technology Data Exchange (ETDEWEB)

    Williams, I.D., E-mail: idw@soton.ac.uk [Waste Management Research Group, Faculty of Engineering and the Environment, Lanchester Building, University of Southampton, University Rd, Highfield, SOUTHAMPTON, Hampshire, SO17 1BJ (United Kingdom); Cole, C. [Centre for Innovative and Collaborative Construction Engineering, School of Civil and Building Engineering, Loughborough University, Epinal Way, Loughborough, LE11 3TU (United Kingdom)

    2013-02-15

    Residual waste is commonly collected separately from recyclable and organic materials. Different forms of collection and disposal are used internationally since regional or municipal authorities have to adapt to their own circumstances. Many authorities have adopted an alternate weekly collection (AWC) of residual waste and recyclables to force/encourage householders to recycle; however, the degree to which they achieve waste reduction has yet to be reliably quantified. This study reports on how the introduction of AWCs affects household waste arisings. The paper evaluates single and dual stream collection methods and compares their performance with the previous system. Household waste collection trials were conducted between March and June 2009 in England (Lichfield). The trials examined changes to frequency of collection, type of container issued, amounts of sorting required of residents, household participation and productivity levels. A survey of households was completed before any changes were implemented. The quantity of recyclates collected was examined for 2008/2009 and 2009/2010. The study showed that the AWC scheme positively impacted on recycling rates and household behaviour, with no adverse impacts on public participation, household waste arisings or the local environment. No public health problems were reported. Both trials saw an increase in the quantities of recyclates collected per household during the trial period compared to the same period of time in the previous year. The dual stream performed better than the single stream, collecting an average of 5.94 kg/hh/week compared to an average of 5.63 kg/hh/week. The single stream system showed a greater increase in the weight of material collected (0.53 kg/hh/week vs. 0.48 kg/hh/week). Participation and set-out rates showed an increase during the trial period. The single stream option (comingled materials in one container) outperformed the dual stream service. The reduction in costs and improved

  16. The impact of alternate weekly collections on waste arisings

    International Nuclear Information System (INIS)

    Williams, I.D.; Cole, C.

    2013-01-01

    Residual waste is commonly collected separately from recyclable and organic materials. Different forms of collection and disposal are used internationally since regional or municipal authorities have to adapt to their own circumstances. Many authorities have adopted an alternate weekly collection (AWC) of residual waste and recyclables to force/encourage householders to recycle; however, the degree to which they achieve waste reduction has yet to be reliably quantified. This study reports on how the introduction of AWCs affects household waste arisings. The paper evaluates single and dual stream collection methods and compares their performance with the previous system. Household waste collection trials were conducted between March and June 2009 in England (Lichfield). The trials examined changes to frequency of collection, type of container issued, amounts of sorting required of residents, household participation and productivity levels. A survey of households was completed before any changes were implemented. The quantity of recyclates collected was examined for 2008/2009 and 2009/2010. The study showed that the AWC scheme positively impacted on recycling rates and household behaviour, with no adverse impacts on public participation, household waste arisings or the local environment. No public health problems were reported. Both trials saw an increase in the quantities of recyclates collected per household during the trial period compared to the same period of time in the previous year. The dual stream performed better than the single stream, collecting an average of 5.94 kg/hh/week compared to an average of 5.63 kg/hh/week. The single stream system showed a greater increase in the weight of material collected (0.53 kg/hh/week vs. 0.48 kg/hh/week). Participation and set-out rates showed an increase during the trial period. The single stream option (comingled materials in one container) outperformed the dual stream service. The reduction in costs and improved

  17. [Temporary disability and its legal implications].

    Science.gov (United States)

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

    2014-03-01

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

  18. Comparative legal aspects of pain management.

    Science.gov (United States)

    Vansweevelt, T

    2008-12-01

    Administering pain medication to terminal patients can cause legal problems when it has a life-shortening effect, because according to some authors it equates with manslaughter. The legal basis of the acceptance of pain alleviation with life-shortening effect can be found on the grounds of necessity. In different countries physicians have been prosecuted because of their pain management, which to the public prosecutor was in fact a sort of euthanasia. On the other hand, it is not unknown that physicians administer opioids to mask euthanasia. Pain management needs some rules, which can reassure the physician who alleviates pain. The physician who alleviates pain with life-shortening effect will have to act with due care to avoid a liability risk. This implies at least an informed consent, to observe the proportionality rule, and to keep a medical record.

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

    Science.gov (United States)

    Veselić, Ivica

    2007-01-01

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

  20. A problemática atinente às limitações do mero reconhecimento legal dos direitos humanos: a dignidade humana, para além do individualismo liberal, enquanto discurso legitimador sobre os fundamentos morais

    Directory of Open Access Journals (Sweden)

    Suélen Farenzena

    2014-04-01

    Full Text Available O presente texto tem por objetivo analisar os limites do mero reconhecimento legal dos direitos humanos, demonstrando que a fundamentação desses constitui sua chave de proteção, efetivação e realização. O estudo propõe-se a demonstrar que o sistema positivo do direito, dissociado de valores morais, não é suficiente para proteção dos direitos humanos, evidenciando, em conseqüência, que para se efetivar a proteção desses direitos há de se encontrar um marco, um fundamento teórico-racional que a justifique, construído a partir da constatação de que os direitos humanos remetem a exigências imprescindíveis para a vida da pessoa humana, que, tento em vista a pretensão de universalidade, não pode restringir-se ao contexto ideológico do liberalismo.

  1. 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...

  2. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    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...

  3. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  4. 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...

  5. 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,

  6. 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...

  7. 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

  8. Legal issues with wind farm stakeholders

    Energy Technology Data Exchange (ETDEWEB)

    Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

    2006-07-01

    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

  9. Legal aspects of Blockchain`s technology applicability for registration of intellectual rights

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

    Full Text Available This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization. Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies.

  10. 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

  11. 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.

  12. Physicians' attitudes toward the legalization of marijuana use.

    Science.gov (United States)

    Linn, L S; Yager, J; Leake, B

    1989-06-01

    We asked 303 practicing physicians in general internal medicine, family medicine, gastroenterology, or psychiatry to indicate whether possessing or using marijuana should be considered a felony, a misdemeanor, warrant the issuance of a citation, or be legalized. The position physicians advocated was unrelated to their specialty, experience diagnosing or treating substance abuse problems, their attitudes toward the efficacy of the treatment of drug abuse, or any other work role or habit we measured. Legalization or citation as compared with harsher penalties, however, was more likely favored by physicians who were younger, less religious, politically more liberal, and those less likely to perceive a serious drug problem in society. Legalization was also more likely favored by physicians who themselves had used marijuana, cocaine, and amphetamines but was unrelated to the use of alcohol, cigarettes, or tranquilizers. Although physician opinion should be sought as society deals with the drug problem, this study suggests how physicians' characteristics may influence the opinions that are rendered.

  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. Solitary Fibrous Tumor Arising from Stomach: CT Findings

    OpenAIRE

    Park, Sung Hee; Kim, Myeong-Jin; Kwon, Jieun; Park, Jong-pil; Park, Mi-Suk; Lim, Joon Seok; Kim, Joo Hee; Kim, Ki Whang

    2007-01-01

    Solitary fibrous tumors are spindle-cell neoplasms that usually develop in the pleura and peritoneum, and rarely arise in the stomach. To our knowledge, there is only one case reporting a solitary fibrous tumor arising from stomach in the English literature. Here we report the case of a 26-year-old man with a large solitary fibrous tumor arising from the stomach which involved the submucosa and muscular layer and resembled a gastrointestinal stromal tumor in the stomach, based on what was see...

  15. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  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. Comparative analysis of international environmental liability arising from maritime accident

    Energy Technology Data Exchange (ETDEWEB)

    Pereira, Luciana Vianna; Victorio, Glaucia Lima [Trench, Rossi e Watanabe Advogados, Rio de Janeiro, RJ (Brazil)

    2012-07-01

    The oil industry is dynamic and global, being performed worldwide and by investors from several countries. In this sense, it is essential for investors to be informed of the legal frameworks in target countries and the differences between the legislation in those countries and their own legal systems. In this article, we will analyze the main differences on the environmental liability in Brazil, which is, currently, one of the most attractive markets in the oil and gas industry, the United States of America (US), the largest consumer of oil and the third producer around the world; and the European Union (EU) which concentrates the second largest global consumer, besides being the main player in the international and diplomatic relationships. Thus, the present paper, without the intent to exhaust the subject matter, aims at presenting comparisons between the legal environment of the three main players in the international oil and gas scenario, specifying not only the legal aspects of each of them, but also outlining the economic impacts generated over business investors from the oil industry, determining that although the differences in the basis of legal framework, all players have presented the liability and the duty to compensate. (author)

  18. Squamous cell carcinoma arising in mature cystic teratoma of ovary

    Directory of Open Access Journals (Sweden)

    Ranu Patni

    2014-01-01

    Full Text Available Squamous cell carcinoma of the ovary is a rare condition and usually arises in mature cystic teratoma (MCT or dermoid cyst of the ovary. The reported incidence of malignant transformation in MCT is approximately 2%. A case of squamous cell carcinoma arising in a dermoid cyst of the ovary presenting at an early stage is presented here. A 53-year-old postmenopausal lady, presented with the complaint of pain in right lower abdomen since one month and a large complex abdomino-pelvic mass on examination and investigations. Final histopathology was reported as squamous cell carcinoma of left ovary arising from dermoid cyst and a benign dermoid cyst in the right ovary. The patient was assigned to squamous cell carcinoma of the ovary arising in a mature cystic teratoma, surgical stage Ic2. In view of the poor prognosis, adjuvant chemotherapy was started.

  19. Empiricism Verses Rationalism: Matters Arising in Medical Practice ...

    African Journals Online (AJOL)

    Empiricism Verses Rationalism: Matters Arising in Medical Practice. ... AFRREV STECH: An International Journal of Science and Technology ... entirely antagonistic to one another, one favoring the senses and the other favoring the mind.

  20. MYC Amplification in Angiosarcoma Arising from an Arteriovenous Graft Site

    Directory of Open Access Journals (Sweden)

    Kristen M. Paral

    2015-01-01

    Full Text Available Angiosarcoma arising in association with an arteriovenous graft (AVG or fistula is a unique clinicopathologic scenario that appears to be gaining recognition in the literature. Among reported cases, none has described high-level MYC gene amplification, a genetic aberration that is increasingly unifying the various clinicopathologic subdivisions of angiosarcoma. We therefore report the MYC gene status in a case of angiosarcoma arising at an AVG site.

  1. Electric reaction arising in bone subjected to mechanical loadings

    Science.gov (United States)

    Murasawa, Go; Cho, Hideo; Ogawa, Kazuma

    2006-03-01

    The aim of present study is the investigation of the electric reaction arising in bone subjected to mechanical loadings. Firstly, specimen was fabricated from femur of cow, and ultrasonic propagation in bone was measured by ultrasonic technique. Secondary, 4-point bending test was conducted up to fracture, and electric reaction arising in bone was measured during loading. Thirdly, cyclic 4-point bending test was conducted to investigate the effect of applied displacement speed on electric reaction.

  2. 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.

  3. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  4. 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.

  5. 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...

  6. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

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

  7. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  8. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

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

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

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

  10. Testamental inheritance: Just a legal osmosis?

    Directory of Open Access Journals (Sweden)

    Đorđević-Crnobrnja Jadranka

    2011-01-01

    Full Text Available Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

  11. Legal aspects of French nuclear policy

    Energy Technology Data Exchange (ETDEWEB)

    1975-06-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for arguing against its tests, albeit underground.

  12. Legal aspects of french nuclear policy

    International Nuclear Information System (INIS)

    Anon.

    1975-01-01

    By proceeding with underground nuclear tests, France does not intend to abandon its legal position concerning the right to possess nuclear weapons. The author - a specialist on international law in these matters - discusses this position and clarifies its nuances. He goes on to deal with the problem of jus cogens, the restrictive law which certain circles would like to draw from the resolutions of the General Assembly of the United Nations and from common law. France rejects this process as one which opens new possibilities for argueing against its tests, albeit underground [fr

  13. Dust and radon: the legal implications

    International Nuclear Information System (INIS)

    Van Sittert, J.M.O.

    1990-01-01

    It is known that radon gas is not generally considered to be a major problem when encountered in the working environment. However, in its process of decay, a series of four short lived daughter products are formed. In a dust-laden atmosphere these daughter products, which are ionized readily, attach to the particulate material and when inhaled are deposited in the alveoli of the lungs. Therefore, if respirable dust is controlled, the effects of radon daughters will also be minimized. The legal requirements for dust control in South Africa and their implications are discussed. 1 ill

  14. The pressure equation arising in reservoir simulation. Mathematical properties, numerical methods and upscaling

    Energy Technology Data Exchange (ETDEWEB)

    Nielsen, Bjoern Fredrik

    1997-12-31

    The main purpose of this thesis has been to analyse self-adjoint second order elliptic partial differential equations arising in reservoir simulation. It studies several mathematical and numerical problems for the pressure equation arising in models of fluid flow in porous media. The theoretical results obtained have been illustrated by a series of numerical experiments. The influence of large variations in the mobility tensor upon the solution of the pressure equation is analysed. The performance of numerical methods applied to such problems have been studied. A new upscaling technique for one-phase flow in heterogeneous reservoirs is developed. The stability of the solution of the pressure equation with respect to small perturbations of the mobility tensor is studied. The results are used to develop a new numerical method for a model of fully nonlinear water waves. 158 refs, 39 figs., 12 tabs.

  15. The pressure equation arising in reservoir simulation. Mathematical properties, numerical methods and upscaling

    Energy Technology Data Exchange (ETDEWEB)

    Nielsen, Bjoern Fredrik

    1998-12-31

    The main purpose of this thesis has been to analyse self-adjoint second order elliptic partial differential equations arising in reservoir simulation. It studies several mathematical and numerical problems for the pressure equation arising in models of fluid flow in porous media. The theoretical results obtained have been illustrated by a series of numerical experiments. The influence of large variations in the mobility tensor upon the solution of the pressure equation is analysed. The performance of numerical methods applied to such problems have been studied. A new upscaling technique for one-phase flow in heterogeneous reservoirs is developed. The stability of the solution of the pressure equation with respect to small perturbations of the mobility tensor is studied. The results are used to develop a new numerical method for a model of fully nonlinear water waves. 158 refs, 39 figs., 12 tabs.

  16. From pricing regulations of the feed-in scheme (EEG) through to financial security under the Atomic Energy Act (AtG): the German legal system for the energy sector in the context of EC legislation on state aid

    International Nuclear Information System (INIS)

    Kuehling, J.

    2001-01-01

    This contribution is a comprehensive analysis of EC law on state aid and resulting possible impacts on the German legal system for the energy sector. The analysis reveals that, depending on the legal interpretation of Art. 87 of the EC Treaty, further non-compliance issues such as that currently under debate in connection with German legislation supporting market penetration of electricity from renewable energy sources, may arise in the future. Further examples referred to are the German system of liability reserves for the decommissioning of nuclear power plants, and the system of third party liability for nuclear power plant operators. The author addresses various problem areas and uses characteristic examples in explaining conceivable matters of conflict. (orig./CB) [de

  17. International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

    Directory of Open Access Journals (Sweden)

    Milenković-Kerković Tamara

    2011-01-01

    Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

  18. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  19. 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...

  20. 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.

  1. Visual integration dysfunction in schizophrenia arises by the first psychotic episode and worsens with illness duration

    OpenAIRE

    Keane, Brian P.; Paterno, Danielle; Kastner, Sabine; Silverstein, Steven M.

    2016-01-01

    Visual integration dysfunction characterizes schizophrenia, but prior studies have not yet established whether the problem arises by the first psychotic episode or worsens with illness duration. To investigate the issue, we compared chronic schizophrenia patients (SZs), first episode psychosis patients (FEs), and well-matched healthy controls on a brief but sensitive psychophysical task in which subjects attempted to locate an integrated shape embedded in noise. Task difficulty depended on th...

  2. 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.

  3. [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.

  4. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  5. Transboundary river basin management in Europe
    Legal instruments to comply with European water management obligations in case of transboundary water pollution and floods

    Directory of Open Access Journals (Sweden)

    Andrea M. Keessen

    2008-12-01

    Full Text Available Although modern European water policy follows a river basin approach where Member States have to cooperate in order to achieve a ‘good status’ of their water bodies, the obligations arising from the European water directives are to be achieved by each Member State individually. This situation creates problems when water pollution and water quantity problems cross borders. It is still unclear whether Member States can be held responsible for not achieving objectives due to causes (partly originating abroad. This article describes some of the legal instruments that water authorities have at their disposal to comply with the European water management obligations in case of transboundary water pollution and floods and thus shape transboundary river management. The article describes instruments to create, implement and enforce transboundary cooperation, and addresses the possibility of transboundary compensation if cooperation fails. Here, the focus is on a civil lawsuit before a domestic court.

  6. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  7. Is There Evil in Dying? Ethical and Legal Reflections concerning Induced Death

    Directory of Open Access Journals (Sweden)

    Alejandra Zúñiga F.

    2011-08-01

    Full Text Available The article analyzes the moral dilemmas associated with death and carries out a reflection on the questions that arise when death is considered trivial from the perspective of the individual who dies. Additionally, the article analyzes the ethical and legal consequences of acknowledging the moral autonomy of those who, in extreme circumstances, decide when and how to die.

  8. Ethical Issues and Legal Constraints to the Freedom of Information Act

    African Journals Online (AJOL)

    Unfortunately, there are legal constraints that can hinder the smooth operation of the act. Such constraints need to be dismantled immediately. Besides, there is a great need to address various ethical issue that may equally arise among media practitioners in the course of operating within the limits of the law, posing great ...

  9. The Fundamental Human Right to Education for Refugees: Some Legal Remarks

    Science.gov (United States)

    Willems, Kurt; Vernimmen, Jonas

    2018-01-01

    The aim of this article is to describe the human rights obligations a State bears in educational matters with concerns to the current influx of refugees. The right to education is a fundamental human right guaranteed by many international treaties. As a result, the impression may arise that everyone, not only legal citizens but also all those…

  10. The ethical and legal regulation of HIV-vaccine research in Africa ...

    African Journals Online (AJOL)

    We discuss the general findings of the audit and the complex issues arising from HIV-vaccine research, specifically. Lastly, we propose specific ways in which the ethical/legal frameworks guiding research with human participants in these countries can be improved. Keywords: Africa, clinical trials, country profiles, ethics, ...

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous

  12. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    Energy Technology Data Exchange (ETDEWEB)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

    1998-03-15

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

  13. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    International Nuclear Information System (INIS)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub

    1998-03-01

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations

  14. What transitional justice in Zimbabwe? Women of Zimbabwe Arise ...

    African Journals Online (AJOL)

    Mary Ndlovu is a social justice and human rights activist with a background in education. Originally from Canada, she married a Zimbabwean nationalist in exile in Zambia and since returning with him to Bulawayo in 1980 has lived there, working in teacher education and the legal and human rights NGO sector.

  15. Sewage sludge: arisings, environmental impact, utilisation, disposal. Private wastewater disposal companies present memorandum; Klaerschlamm: Aufkommen, Belastung, Verwertung und Entsorgung. Private Abwasserentsorger legen Memorandum vor

    Energy Technology Data Exchange (ETDEWEB)

    Anon.

    1999-05-01

    The more wastewater is cleaned to a high level of purity, the more sewage sludge arises. Problems of quantity and quality are closely intertwined with technical developments and changes in the legal framework. This applies as much to wastewater purification as it does to the utilisation or disposal of sewage sludge. Early this year the Association of Private Wastewater Disposal Companies (Verband der privaten Abwasserentsorger e.V., VpA) presented a memorandum on sewage sludge management which is intended to lead to greater transparency in this market segment of environmental protection. [Deutsch] Je mehr Abwasser auf hohem Niveau gereinigt wird, umso groesser ist die Menge des anfallenden Klaerschlamms. Mengen- und Qualitaetsprobleme sind eingebunden in sich wandelnde Techniken und veraenderte gesetzliche Grundlagen - in der Abwasserreinigung wie in der Verwertung oder Beseitigung der Klaerschlaemme. Der Verband der privaten Abwasserentsorger e.V. (VpA) hat Anfang des Jahres ein Memorandum zur Klaerschlammwirtschaft herausgegeben, das fuer groessere Transparenz in diesem Marktsegment des Umweltschutzes sorgen soll. (orig.)

  16. 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.

  17. 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.

  18. 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.

  19. Legal issues of extended practice: Where does the responsibility lie?

    International Nuclear Information System (INIS)

    Buttress, Susan J.; Marangon, Tim

    2008-01-01

    The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn

  20. Legal issues of extended practice: Where does the responsibility lie?

    Energy Technology Data Exchange (ETDEWEB)

    Buttress, Susan J. [MSc Professional Development, School of Healthcare Professions, University of Salford, Frederick Road, Salford M6 6PU (United Kingdom)], E-mail: s.buttress@salford.ac.uk; Marangon, Tim [Programme Leader MA Healthcare Law/LLB Health Law, Salford Law School, Lady Hale Building, University of Salford, M5 4WT (United Kingdom)

    2008-12-15

    The development of new roles in healthcare has been developing rapidly since even before the publication of the NHS Plan in 2000. The driving forces have encouraged the blurring of traditional professional role boundaries and the development of extended roles in practice in which health professionals have adopted tasks out of their normal scope of practice. This paper examines the legal implications of such actions and highlights the importance of recognising the legal responsibility of taking on tasks beyond their recognised role. The case law applicable to this area is discussed and applied to clinical negligence cases that could arise from practice that is beyond the scope of professionals within their field and appropriate conclusions are drawn.

  1. A comparative study of iterative solutions to linear systems arising in quantum mechanics

    International Nuclear Information System (INIS)

    Jing Yanfei; Huang Tingzhu; Duan Yong; Carpentieri, Bruno

    2010-01-01

    This study is mainly focused on iterative solutions with simple diagonal preconditioning to two complex-valued nonsymmetric systems of linear equations arising from a computational chemistry model problem proposed by Sherry Li of NERSC. Numerical experiments show the feasibility of iterative methods to some extent when applied to the problems and reveal the competitiveness of our recently proposed Lanczos biconjugate A-orthonormalization methods to other classic and popular iterative methods. By the way, experiment results also indicate that application specific preconditioners may be mandatory and required for accelerating convergence.

  2. Legal and political obstacles to smoke-free regulation in Minnesota regions.

    Science.gov (United States)

    Cork, Kerry; Forman, Carolyn

    2008-12-01

    As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

  3. [Medical data security in medico-legal opinioning].

    Science.gov (United States)

    Susło, Robert; Swiatek, Barbara

    2005-01-01

    Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

  4. The agreement as a universal means of legal regulation of property relations

    Directory of Open Access Journals (Sweden)

    Я. В. Новохатська

    2015-11-01

    Full Text Available Problem statement. The participants of the civil circulation are given the opportunity to conclude a contract which constitutes a fundamental framework of civil relations. The interests of the parties are realized through the conclusion and implementation of contracts. The agreement is a universal means of legal regulation of property relations, which provides the achievement of objectives defined by the parties. The purpose of the contract may be economic, social or other, while remaining expressed in legal terms, that is legal. Civil contracts are concluded for the purpose of transferring items of property, execution of work or providing services. Analysis of recent research works and publications. The modern theory of civil contract has been presented in the works by V.Lutsya, I. Zhylinkova, M. Sibilova and other authors. The aim of this work is define the specific features of a civil contract as a regulator of civil relations, the order of its conclusion, modification and termination, the correlation of terms and conditions that constitute its content. The main research material. A contract is an agreement between two or more parties on the establishment, modification or termination of civil rights and obligations. The agreement is a unity of the subjective element - the will and the objective element - declaration of intent. The free declaration of intent (will of the parties to a contract is one of the manifestations of freedom of agreement as one of the principles of civil law. The parties are free to conclude a contract, to choose a contracting party and determine the contract terms and conditions on the basis of the law and customs of business conduct, the principle of prudence, integrity and fairness. The concurrence of the wills of the parties - the expression of will by one party and counter-declaration by the other - creates an agreement that gives rise to a contractual relationship. That is a contract provides for expression of the

  5. Four Different Tumors Arising in a Nevus Sebaceous

    Directory of Open Access Journals (Sweden)

    Takeshi Namiki

    2016-04-01

    Full Text Available Nevus sebaceous is known by its association with one or more secondary tumors, but more than three multiple tumors arising from a nevus sebaceous is extremely rare. A 67-year-old female presented with a light brown plaque on the back of her head that contained a dome-shaped black node and an erosive lesion. Histopathological examination showed atypical basaloid cells in the black node. At the periphery of that node, structures resembling follicular germs extruded from interlacing cords in the upper portion and tumor nests with sebocytes were in the lower portion. In the erosive lesion, papillated structures with an apocrine epithelium were observed. In the light brown plaque, enlargement of sebaceous lobules was noted. From those histopathological features, a diagnosis of syringocystadenoma papilliferum, sebaceoma, trichoblastoma and basal cell carcinoma arising from a nevus sebaceous was made. We discuss the rarity of multiple tumors arising from a nevus sebaceous.

  6. Anomalous Posterior Intercostal Arterial Trunk Arising From the Abdominal Aorta

    Energy Technology Data Exchange (ETDEWEB)

    Jie, Bing, E-mail: jbshh@163.com; Yu, Dong, E-mail: yudong-mail@126.com; Jiang, Sen, E-mail: jasfly77@vip.163.com [Tongji University School of Medicine, Department of Radiology, Shanghai Pulmonary Hospital (China)

    2016-04-15

    A common trunk of the ipsilateral posterior intercostal artery (PIA) arising from the thoracic aorta is usually an anatomical variation. However, a common trunk of bilateral posterior intercostal arterial trunk (PIAT) arising from the abdominal aorta is rare. It is important to recognize this anatomical variation of PIA when performing interventional radiological procedures. We present a rare case of an anomalous PIAT that originated from the abdominal aorta in a patient with hemoptysis caused by tuberculosis sequelae. Bilateral 4th to 11th PIAs arose from a common trunk and the trunk arising from the posterior aspect of the abdominal aorta at the level of T12/L1 intervertebral space. The pathological right 4th and 5th PIAs and bronchial arteries were embolized. Hemoptysis has been controlled for 3 months.

  7. Problems of precario

    International Nuclear Information System (INIS)

    Oosterhuis, M.W.F.; Kelkensberg, L.

    2006-01-01

    Currently, some municipalities levy municipal taxes on encroachments on or above public land (precariobelasting) on utility companies having networks of cables and pipelines in the municipal land. Other municipalities tolerate the presence of these networks in their land free of charge. Furthermore, there are municipalities that have an obligation to tolerate the presence of utility networks in their land. In the latter case, a municipality is not allowed to levy taxes on encroachments on or above public land on the utility companies. This system of municipal taxes creates legal inequality and legal uncertainty amongst utility companies in different municipalities. Even more so, given that the Dutch regulator (NMa-DTe) takes the view that the levied taxes on encroachments on or above public land are costs that can be influenced by the grid managers, which are for the account of the grid managers. The Dutch legislator has the intention to change the system such that municipalities will no longer be allowed to levy the municipal taxes on encroachments on or above public land on utility companies. This article describes the background of the municipal taxes on encroachments on or above public land, the background of the proposed change in legislation and the discussions that have arisen between stakeholders in this respect in view of the existing legal inequality and legal uncertainty arising from the levy of these taxes [nl

  8. [Legal statutes on sterilization].

    Science.gov (United States)

    Zupancic, K

    1980-01-01

    Sterilization in Yugoslavia is no population policy measure. Decision about the birth of children is free, a private problem of any individual, a basic right guaranteed by the Constitution. However, according to certain laws in Slovenia and Croatia, sterilization is allowed as a family planning method in persons over 35 year old. Only exceptionally can sterilization be applied in persons younger than 35 years: according to the Slovenian law, in cases when a person lacks the capacity of reasoning and also when there are medical indications, and according to the Croatian law, when there are medical and eugenic reasons (if the child is supposed to be born with negative congenital properties).

  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. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

    justified to re-establish the disturbed order and grant appropriate compensation. In this way, the rules of law which underlies the broken legal order are restored to their social role and functions. And the mission of law, to regulate and direct human behaviour, in the required way of solving necessary social problems can find fulfilment.

  12. The legal status of sustainable development in the Nigerian ...

    African Journals Online (AJOL)

    Sustainable development underpins environmental governance in all jurisdictions, but its legal status is still controversial. The major problem which Nigerian courts and policy-makers will continue to face when implementing and enforcing sustainable development in environmental governance is whether it is a moral or ...

  13. Negligence--When Is the Principal Liable? A Legal Memorandum.

    Science.gov (United States)

    Stern, Ralph D., Ed.

    Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

  14. Legal aspects and international implications of food irradiation

    International Nuclear Information System (INIS)

    Gerard, Alain.

    1977-11-01

    This paper reports on the status of work on food irradiation at international level, namely the IAEA/FAO/WHO Vienna recommendations, the proposed EEC directive, and the Codex alimentarius draft standards. It then deals with the legal aspects of the subject, in particular the problems concerning definitions, controls and instructions, and finally reviews the regulations for international trade in irradiated foodstuffs. (NEA) [fr

  15. 183 Legal/Judicial Enforcement Approaches towards Prevention ...

    African Journals Online (AJOL)

    User

    2012-01-24

    Jan 24, 2012 ... The issue of children living with HIV is a serious problem in Nigeria. This .... The pregnant woman must not be exposed to work or environment which ..... cultural, legal and other barrier to HIV and AIDS . socio-cultural barriers.

  16. Legal Framework for the Regulation of Waste in Nigeria

    African Journals Online (AJOL)

    FIRST LADY

    measures must be nationally and internationally taken to control disposal of such waste to ... legal framework for solving such environmental problems as well as the .... The Federal system under the 1979 constitution expressly or impliedly set out .... and in addition the forfeiture of any aircraft, vehicle or land connected with.

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

    Science.gov (United States)

    Wall, Terry J

    2017-10-01

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

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

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

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

  19. Understanding Gender-Based Wage Discrimination: Legal Interpretation and Trends of Pay Equity in Higher Education.

    Science.gov (United States)

    Luna, Gaye

    1990-01-01

    Traces the history of laws and litigation concerning pay equity issues, also referred to as wage equity and comparable worth. Suggests that universities and colleges identify possible problems and take voluntary corrective measures before pay-equity problems arise. (MLF)

  20. Formation of Professional Competence of Legal Specialty Students in the Elective Courses Studying

    Science.gov (United States)

    Akhmejanova, Gulnara; Olzhabayev, Bulat; Grigoryeva, Roza; Karibaeva, Zhanara; Avilkhan, Akmamyk; Sakenov, Janat

    2016-01-01

    This article examines the scientific problem of the formation of professional competence of legal specialty students in the elective courses studying. The analysis has been conducted and the content of professional competence of legal specialty students has been substantiated. This work substantiates the role of elective courses in the formation…

  1. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  2. Lower Limb Injuries Arising From Motorcycle Crashes | Kortor ...

    African Journals Online (AJOL)

    Background: Motorcycle accidents are the second most common cause of road traffic accidents in both developing and developed countries. In this study we aim to look at the pattern and characteristics of lower limb injuries arising from motorcycle accidents and evaluate early outcome of treatment. Methods: All the patients ...

  3. Squamous cell carcinoma arising in a mature cystic teratoma

    Directory of Open Access Journals (Sweden)

    Gupta Vishwanath

    2009-04-01

    Full Text Available Two cases of squamous cell carcinoma (SCC arising in a mature cystic teratoma (MCT are being discussed for their rarity and pattern of infiltration of tumor cells in the stroma (alpha mode, beta mode and gamma mode, which is a key factor in deciding the prognosis and patient survival.

  4. Ecknomic benefits arising from the Canadian nuclear industry

    International Nuclear Information System (INIS)

    1982-03-01

    This document is a collection of surveys of the Canadian nuclear industry, with forecasts covering a number of possible scenarios. Topics covered include uranium mining and processing; economic benefits arising from the design, manufacture and construction of CANDU generating stations; employment and economic activity in the Canadian nqclear industry; and an overview of the remainder of the industry

  5. Testicular artery arising from an aberrant right renal artery | Suluba ...

    African Journals Online (AJOL)

    This case report we discovered the rare variation of the origin of the right testicular artery arising from the right aberrant renal artery with double renal artery irrigating both left and right kidneys. These variations in the testicular arteries and renal arteries have implication to surgical procedures such as orchidopexy repair for ...

  6. Sound radiation quantities arising from a resilient circular radiator

    NARCIS (Netherlands)

    Aarts, R.M.; Janssen, A.J.E.M.

    2009-01-01

    Power series expansions in ka are derived for the pressure at the edge of a radiator, the reaction force on the radiator, and the total radiated power arising from a harmonically excited, resilient, flat, circular radiator of radius a in an infinite baffle. The velocity profiles on the radiator are

  7. 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)

  8. Spectral and parameter estimation problems arising in the metrology of high performance mirror surfaces

    International Nuclear Information System (INIS)

    Church, E.L.; Takacs, P.Z.

    1986-04-01

    The accurate characterization of mirror surfaces requires the estimation of two-dimensional distribution functions and power spectra from trend-contaminated profile measurements. The rationale behind this, and our measurement and processing procedures, are described. The distinction between profile and area spectra is indicated, and since measurements often suggest inverse-power-law forms, a discussion of classical and fractal models of processes leading to these forms is included. 9 refs

  9. A Probabilistic-Numerical Approximation for an Obstacle Problem Arising in Game Theory

    International Nuclear Information System (INIS)

    Grün, Christine

    2012-01-01

    We investigate a two-player zero-sum stochastic differential game in which one of the players has more information on the game than his opponent. We show how to construct numerical schemes for the value function of this game, which is given by the solution of a quasilinear partial differential equation with obstacle.

  10. Radioactivity measurement of the liquid effluents of two university hospital methodology, problems arising

    International Nuclear Information System (INIS)

    Basse-Cathalinat, B.; Barthe, N.; Chatti, K.; Ducassou, D.

    2005-01-01

    The authors present methodology used to measure the radioactivity of the effluents at the output of two services of Nuclear medicine located in two Hospital complexes of the Area of Bordeaux. These measures are intended to answer at the requests of circular DGS/DHOS no 2001/323 of the Ministry for Employment and Solidarity. The selected method is more powerful since it is based on the use of a whole of spectrometry to very low background noise. These devices of measurements make it possible to take into account all the isotopes coming from a service of Nuclear medicine. The authors are conscious that of such measurements cannot be considered in all the services of Nuclear medicine. Other technical articles will specify simpler methods allowing a satisfactory management of the radioactive wastes. (author)

  11. A Probabilistic-Numerical Approximation for an Obstacle Problem Arising in Game Theory

    Energy Technology Data Exchange (ETDEWEB)

    Gruen, Christine, E-mail: christine.gruen@univ-brest.fr [Laboratoire de Mathematiques de Brest UMR 6205 (France)

    2012-12-15

    We investigate a two-player zero-sum stochastic differential game in which one of the players has more information on the game than his opponent. We show how to construct numerical schemes for the value function of this game, which is given by the solution of a quasilinear partial differential equation with obstacle.

  12. Asymptotic analysis for a weakly damped wave equation with application to a problem arising in elasticity

    Directory of Open Access Journals (Sweden)

    Gabriel Nguetseng

    2010-01-01

    Full Text Available The present work is devoted to the study of homogenization of the weakly damped wave equation ∫Ωρε∂2uε∂t2(t⋅υdx+2ε2μ∫ΩfεEij(∂uε∂t(tEij(υdx+ε2λ∫Ωfεdiv(∂uε∂t(tdiv υdx+ϑ∫Ωfεdiv(uε(tdivυdx=∫Ωf(t⋅υdx  for all υ=(υ1,υ2,υ3∈Vε(0

  13. Optimized Runge-Kutta methods with minimal dispersion and dissipation for problems arising from computational acoustics

    International Nuclear Information System (INIS)

    Tselios, Kostas; Simos, T.E.

    2007-01-01

    In this Letter a new explicit fourth-order seven-stage Runge-Kutta method with a combination of minimal dispersion and dissipation error and maximal accuracy and stability limit along the imaginary axes, is developed. This method was produced by a general function that was constructed to satisfy all the above requirements and, from which, all the existing fourth-order six-stage RK methods can be produced. The new method is more efficient than the other optimized methods, for acoustic computations

  14. On the linear problem arising from motion of a fluid around a moving rigid body

    Czech Academy of Sciences Publication Activity Database

    Nečasová, Šárka; Wolf, J.

    2015-01-01

    Roč. 140, č. 2 (2015), s. 241-259 ISSN 0862-7959 R&D Projects: GA ČR(CZ) GAP201/11/1304 Institutional support: RVO:67985840 Keywords : incompressible fluid * rotating rigid body * strong solution Subject RIV: BA - General Mathematics http://hdl.handle.net/10338.dmlcz/144329

  15. Stable discretization of poroelasticity problems and efficient preconditioners for arising saddle point type matrices

    Czech Academy of Sciences Publication Activity Database

    Axelsson, Owe; Blaheta, Radim; Byczanski, Petr

    2012-01-01

    Roč. 15, č. 4 (2012), s. 191-207 ISSN 1432-9360 R&D Projects: GA MŠk ED1.1.00/02.0070 Institutional support: RVO:68145535 Keywords : poroelasticity * saddle point matrices * preconditioning * stability of discretization Subject RIV: BA - General Mathematics http://link.springer.com/article/10.1007/s00791-013-0209-0

  16. Steel heat treating: mathematical modelling and numerical simulation of a problem arising in the automotive industry

    Directory of Open Access Journals (Sweden)

    Jose Manuel Diaz Moreno

    2017-12-01

    Full Text Available We describe a mathematical model for the industrial heating and cooling processes of a steel workpiece representing the steering rack of an automobile. The goal of steel heat treating is to provide a hardened surface on critical parts of the workpiece while keeping the rest soft and ductile in order to reduce fatigue. The high hardness is due to the phase transformation of steel accompanying the rapid cooling. This work takes into account both heating-cooling stage and viscoplastic model. Once the general mathematical formulation is derived, we can perform some numerical simulations.

  17. Global existence conditions for a non-local problem arising in statistical mechanics

    NARCIS (Netherlands)

    C.J. van Duijn (Hans); I.A. Guerra (Ignacio Antonio); M.A. Peletier (Mark)

    2001-01-01

    textabstractWe consider the evolution of the density and temperature of athree-dimensional cloud of self-interacting particles. This phenomenon ismodelled by a parabolic equation for the density distributioncombining temperature-dependent diffusion and convection drivenby the gradient of the

  18. Problems arising from effects of low radiation doses in early pregnancy

    International Nuclear Information System (INIS)

    Neumeister, K.

    1976-01-01

    From 1970 to 1974, 37 expert opinions concerning interruption of pregnancy because of radiation stress of the foetus had to be given at the Centre for Clinical Radiobiology of the Karl-Marx University, Leipzig. In the cases investigated, radiation stress occurred between the first and tenth week of pregnancy at a maximum amount of approximately 20 R. X-ray diagnostic measures had been taken in the abdominal range or a tumour radiotherapy had been made, all in cases of unknown pregnancy. The individual determination of the foetal dose showed that different doses result, depending on the setting technique of photographs, physico-technical conditions and body size. In no case did anamnesis show special features. At the given doses an interruption seemed necessary only in one case (radiotherapy). According to this survey, diagnostic radiation stresses in early pregnancy almost always show radiation doses which, at the present stage of knowledge, do not make an interruption seem necessary. Individual differences of dose values for the same exposures, however, make it necessary to calculate exactly the radiation stress of the foetus in each case and to make the corresponding decision. As recent literature agrees in negating a so-called threshold dose for early damage, it is, apart from genetic considerations, necessary to avoid radiation stresses in early pregnancy for this reason also. In the author's opinion, an indication for an interruption is given at doses above 10 R (see also Hammer-Jacobsen, 1959). At lower radiation stresses, an interruption should be recommended in case of simultaneous additional noxae. This paper communicates the results of the check-ups of children who had been subject to a radiation stress of below 7 R in utero in the above cases. (author)

  19. Pokémon Go and the Law: Privacy, Intellectual Property, and Other Legal Concerns

    OpenAIRE

    Li, Tiffany

    2017-01-01

    Before the first lawsuits arrive, this article provides a brief analysis of some of the legal issues involved with the new hit mobile game, including: personal injury liability; privacy; intellectual property; trespass; augmented reality; and virtual currency. This is not an exhaustive list of every legal possibility inherent in the Pokémon Go world. These are just some of the legal issues at play when users, well, play. While this may seem like a long list of potential legal problems, the re...

  20. Regulatory networks, legal federalism, and multi-level regulatory systems

    OpenAIRE

    Kerber, Wolfgang; Wendel, Julia

    2016-01-01

    Transnational regulatory networks play important roles in multi-level regulatory regimes, as e.g, the European Union. In this paper we analyze the role of regulatory networks from the perspective of the economic theory of legal federalism. Often sophisticated intermediate institutional solutions between pure centralisation and pure decentralisation can help to solve complex tradeoff problems between the benefits and problems of centralised and decentralised solutions. Drawing upon the insight...

  1. The legal basis of natural gas distribution technology. 2. rev. ed.

    International Nuclear Information System (INIS)

    Ambos, G.; Bramkamp, F.B.; Rienen, W. van

    1993-01-01

    The body of legal regulations reaches from general power economy laws to technical safety and environmental laws as well as to laws on construction regulations. The legal regulations laid down by the European Community in regard to the creation of a European single market are of increasing significance. The book wants to give basic information on the relevant legal areas and makes it easier to understand the structure and the systematics of the laws on power supply technology. It does so by differentiating three areas: - Survey of the legal regulatory framework: - Depiction of the basis of energy laws and the questions which arise from the practical work of the energy control board: - Survey of the technical safety and emission control laws in regard to natural-gas distribution by public utilities. (orig.) [de

  2. 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.)

  3. 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 ...

  4. Quantum Statistics and Entanglement Problems

    OpenAIRE

    Trainor, L. E. H.; Lumsden, Charles J.

    2002-01-01

    Interpretations of quantum measurement theory have been plagued by two questions, one concerning the role of observer consciousness and the other the entanglement phenomenon arising from the superposition of quantum states. We emphasize here the remarkable role of quantum statistics in describing the entanglement problem correctly and discuss the relationship to issues arising from current discussions of intelligent observers in entangled, decohering quantum worlds.

  5. Legal questions concerning the termination of spent fuel element reprocessing

    International Nuclear Information System (INIS)

    John, Michele

    2005-01-01

    The thesis on legal aspects of the terminated spent fuel reprocessing in Germany is based on the legislation, jurisdiction and literature until January 2004. The five chapters cover the following topics: description of the problem; reprocessing of spent fuel elements in foreign countries - practical and legal aspects; operators' responsibilities according to the atomic law with respect to the reprocessing of Geman spent fuel elements in foreign countries; compatibility of the prohibition of Geman spent fuel element reprocessing in foreign countries with international law, European law and German constitutional law; results of the evaluation

  6. 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.

  7. 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.

  8. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

    Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

    2015-06-01

    In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

  9. 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

  10. 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

  11. 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"

  12. 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...

  13. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    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...

  14. 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)

  15. 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)

  16. 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,

  17. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  18. 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)

  19. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  20. 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