WorldWideScience

Sample records for legal problems proceedings

  1. 34 CFR 85.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Legal proceedings. 85.965 Section 85.965 Education...) Definitions § 85.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to...

  2. 29 CFR 1471.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor... AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud...

  3. 22 CFR 1006.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1006.965 Section 1006.965...) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C....

  4. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to...

  5. 7 CFR 3017.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Legal proceedings. 3017.965 Section 3017.965... Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which...

  6. 21 CFR 1404.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food... (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  7. 22 CFR 1508.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1508.965 Section 1508.965...) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C....

  8. 29 CFR 98.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Legal proceedings. 98.965 Section 98.965 Labor Office of the... proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal...

  9. 28 CFR 0.13 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  10. 5 CFR 919.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Legal proceedings. 919.965 Section 919.965 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Definitions § 919.965 Legal proceedings...

  11. 41 CFR 105-68.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Legal proceedings. 105... proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal...

  12. Sources of Hong Kong Civil Legal Proceedings Legal Regulation

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-06-01

    Full Text Available In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC. Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1 statute law; 2 delegated legislation (rule of courts; 3 general law (precedents. Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.

  13. 17 CFR 1.60 - Pending legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Pending legal proceedings. 1.60 Section 1.60 Commodity and Securities Exchanges COMMODITY FUTURES TRADING COMMISSION GENERAL REGULATIONS UNDER THE COMMODITY EXCHANGE ACT Miscellaneous § 1.60 Pending legal proceedings. (a) Every...

  14. PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2016-02-01

    Full Text Available The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers

  15. 17 CFR 229.1117 - (Item 1117) Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... ENERGY POLICY AND CONSERVATION ACT OF 1975-REGULATION S-K Asset-Backed Securities (Regulation AB) § 229... 17 Commodity and Securities Exchanges 2 2010-04-01 2010-04-01 false (Item 1117) Legal proceedings. 229.1117 Section 229.1117 Commodity and Securities Exchanges SECURITIES AND EXCHANGE COMMISSION...

  16. SOCIAL AND LEGAL SIGNIFICANCE OF DIGITAL MEANS FOR RECORDING INFORMATION IN CRIMINAL PROCEEDINGS

    Directory of Open Access Journals (Sweden)

    Anna Aleksandrovna Petrikina

    2015-01-01

    Full Text Available The article is devoted to the actual topic – social and legal significance of digital media for recording information in criminal proceedings. Modern society is impossible without digital media. There are strong debates in mass media and scientific community regarding the benefits and dangers of this method of fixation. The majority of methods using photo- and videoshooting in legal proceedings in Russia is stipulated in legislation and applied in investigative practices, expertise and operational investigations. The use of technical means of fixation during the investigative actions serves as evidence. It is recognized as admissible in case of its compliance with the statutory procedures of investigation actions for fixation of which are used technical means. In recent times, the dynamic development of this sector is facing problems of legal regulation.

  17. The risk assessment of legalization of criminal proceeds by entities of initial financial monitoring

    Directory of Open Access Journals (Sweden)

    O.V. Smaglo

    2015-12-01

    Full Text Available The article has explored the features of the risk assessment of legalization of criminal proceeds by entities of initial financial monitoring. The author has grounded the necessity and importance of the risk assessing of legalization of criminal proceeds by entities of initial financial monitoring as they can both directly carry out financial transactions for legalization of illegal proceeds, and also facilitate their implementation. The paper has proposed the method of the risk assessing of legalization of criminal proceeds by a commercial bank. The method is based on the point scale and is characterized by the following advantages in comparison with the existing ones: it gives enough accurate assessment, it combines the evaluation of quantitative and qualitative indicators, it is simple and convenient in use. The developed method of the risk assessing of legalization of criminal proceed based on the point scale, can be used by a commercial bank to determine the effectiveness of the system of risk management legalization of proceeds or for the purpose of determining the comprehensive risk of legalization of criminal proceeds of a particular financial transaction, and by the National Bank of Ukraine to determine the frequency of inspections of commercial banks on the issues of financial monitoring.

  18. Legal aid for victims in criminal proceedings in Portugal

    OpenAIRE

    Costa Ramos, Vânia

    2014-01-01

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

  19. Women’s disengagement from legal proceedings for intimate partner violence: Sociodemographic and psychological variables

    Directory of Open Access Journals (Sweden)

    María Jesús Cala

    2016-01-01

    Full Text Available The aim of this study is to shed light on what makes women decide whether or not to continue with legal proceedings for intimate partner violence once they have commenced. Legal professionals, members of the police force, and women in Spain were interviewed to help draft a questionnaire that was applied to a sample of 345 women who had undertaken legal proceedings against their (expartners. Socio-demographic, emotional, and psychological variables were considered as possible predictor variables and included in a logistic regression analysis. Results show that the best equation for predicting disengagement from legal procedures includes the level of support received by the victim, contact with the aggressor, thoughts about going back with the aggressor, and a feeling of guilt. The essential role of the psychological support during the legal process is emphasized in conclusions

  20. 17 CFR 229.103 - (Item 103) Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... INSTRUCTIONS FOR FILING FORMS UNDER SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934 AND ENERGY POLICY... involves potential monetary sanctions, capital expenditures, deferred charges or charges to income and the... proceeding and such proceeding involves potential monetary sanctions, unless the registrant reasonably...

  1. Civil And Arbitration Proceedings Unification In Russia: Relevance, Problems, Prospects

    Directory of Open Access Journals (Sweden)

    Ksenia M. Belikova

    2015-03-01

    Full Text Available In the present article authors, by analyzing provisions of the applicable civil and arbitration codes of Russia (hereinafter - the Code of Civil Procedure and the Code of Arbitration Procedure of the Russian Federation justify the relevance of the procedural reform and indicate its future prospects. Considerable attention is paid to the recently adopted Concept of a Code of Civil Procedure of the Russian Federation (hereinafter - the Concept. According to the author's position, now the creation and adoption of a united Code of Civil Procedure is not only relevant, but necessary phenomenon. In connection with this, the subject of analysis of the proposed concept is improved procedure for handling the application for disqualification of a judge, in comparison with the similar provisions of the existing Code of Civil Procedure and of the Code of Arbitration Procedure stand out its advantages. In addition, authors focus on other existing problems of legal regulation of various issues in the current Code of Civil Procedure and of the Code of Arbitration Procedure. Thus, in the view of the author in this article falls consideration of the problems associated with the absentee in civil proceedings, as well as the sole consideration (some provided by the Code of Civil Procedure, and the cases of the Code of Arbitration Procedure appeal against the decision of the trial court. The article also contains a disagreement with the position of the proposed by the concept for the recovery of legal costs for the services of their representatives to the proof in full and invited author's position on this issue. In addition to the analysis of the issues authors also offer some options for their solutions. At the end of the article authors make conclusions regarding the relevance of the Concept, its strengths and weaknesses in the regulation of the studied issues and the prospects of unification of civil and arbitration proceedings in Russia.

  2. Criminal Protection Of The Criminal Legal Proceedings Lawful Procedure

    Directory of Open Access Journals (Sweden)

    Elena V. Selina

    2014-09-01

    Full Text Available In the present article the problem of criminal code provisions on crimes against justice and changes which happened in the procedure of justice for criminal cases implementation since the beginning of judicial reform discrepancy is researched. In spite of the fact that in the considered segment the last changes were made rather recently (Federal Law of December 28, 2013 No. 432-FZ, in general this sphere of regulation is not complete. Due to the corpus delicti "Attraction of the obviously innocent to criminal liability" the concept of criminal prosecution is analyzed. In regard to this author characterize that only court can make a decision that person is guilty for the crime. The concept of legal responsibility as a need to undergo deprivations or at least condemnation for made (if authentically established offense corresponds to it. Author outlines that it is only possible to release one from of responsibility only if one is subject to responsibility. Today it is possible to included cases when consent of the person with the termination of criminal case and prosecution exists. It is proven that in the meaning of the article 299 of the Criminal Code of the Russian Federation criminal prosecution is told as attraction for being accused. But other forms of criminal prosecution are not considered in full. Author analyze contradictions between the title and disposition of the article 307 of the Criminal Code of the Russian Federation concerning punishability for criminal acts: title covers the conclusion and disposition – only indications. Elimination of this contradiction lies in the plane of the criminal procedure form of obtaining conclusion and indications development and gnoseological nature of the new type of proofs study.

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

    Directory of Open Access Journals (Sweden)

    Fadeev P.V.

    2014-12-01

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

  4. Critical aspects of therapy in the context of child care legal proceedings: an emerging framework

    OpenAIRE

    Davies, Michael Glyn

    2012-01-01

    During the last 10 years working intensively with families in the context of child-care legal proceedings I am struck by how their lives hinge precariously on the outcome of a professional's assessment of them. This is especially so with ‘experts’ who often act as final arbiters on a family’s viability by providing independent psychological, psychiatric or Social Work assessments. In some cases, during proceedings, a therapeutic issue often not previously known or considered viable can emerge...

  5. Considering Layoffs? Tips for Avoiding Legal Problems

    Science.gov (United States)

    Kelderman, Eric

    2009-01-01

    The fiscal year that begins on July 1 for most colleges is expected to bring a wave of layoffs, as institutions grapple with declining state contributions, a falloff in donations, and other budget pressures. Eliminating jobs can create a number of legal pitfalls, including potential lawsuits for breach of contract or discrimination. If handled…

  6. Knowledge of legal terminology and court proceedings in adults with developmental disabilities.

    Science.gov (United States)

    Ericson, K I; Perlman, N B

    2001-10-01

    This research compared 40 adults with mild developmental disabilities (DD) and 40 nondelayed adults (ND) in terms of knowledge of legal terms and court proceedings. For all of the 34 terms studied, with the exception of "police office" there were significant differences between the DD and ND groups with respect to degree of conceptual understanding of terms. Results indicate that all but 6 terms assessed (adjourn, allegation, crown attorney, defendant, prosecute, and court reporter) were well-defined by 85% or more of ND participants. In contrast, only 8 of the terms (police officer, lawyer, jail, court, lie, truth, judge, and witness) were reasonably conceptually understood by at least 75% of DD participants. Reported familiarity with terms in DD participants is not a reliable indicator of actual familiarity with terms. Results are discussed with respect to the need for education of DD individuals and legal professionals to support participation and fair treatment of DD individuals in legal situations.

  7. Legal and Judicial Problems in Mandating Equal Time for Creationism.

    Science.gov (United States)

    Skoog, Gerald

    This paper, presented at the annual meeting of the National Association of Biology Teachers, is focused on legal and judicial problems in mandating equal time for creationism. Past events provide evidence that legislation, policies, and local resolutions that require science textbooks and curricula to include the Genesis account of creation are…

  8. PROBLEMS OF THE INSTITUTION OF ARBITRATION PROCEEDINGS UNDER LAW REFORM OF ARBITRATION COURTS

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2015-03-01

    Full Text Available In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy

  9. 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)

  10. LEGAL SUPPORT FOR PUBLIC CONTROL: PROBLEMS AND PROSPECTS

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2015-06-01

    Full Text Available In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention

  11. Contingency management treatment in substance abusers with and without legal problems

    Science.gov (United States)

    Petry, Nancy M.; Rash, Carla J.; Easton, Caroline J.

    2013-01-01

    Drug and alcohol abusers frequently have legal difficulties, and the legal system often provides negative reinforcers for substance abuse treatment involvement. In contrast, contingency management (CM) treatments utilize positive reinforcement procedures to improve patient outcomes. This study evaluated whether substance abusing patients with legal problems at treatment entry had differential outcomes in general, and in response to CM, compared to those without legal problems. Data from three randomized CM trials (n = 393) were used in an evaluation of main and interactive effects of legal status and treatment condition, with respect to retention and abstinence. Compared with patients without legal difficulties, those with legal problems remained in treatment for shorter durations and achieved shorter periods of abstinence. CM was positively and significantly associated with longer durations of abstinence, regardless of legal status. Results suggest that substance abusers with legal problems have generally poor outcomes but that CM is effective regardless of patients’ legal status. PMID:21908754

  12. Contingency management treatment in substance abusers with and without legal problems.

    Science.gov (United States)

    Petry, Nancy M; Rash, Carla J; Easton, Caroline J

    2011-01-01

    Drug and alcohol abusers frequently have legal difficulties, and the legal system often provides negative reinforcement for substance abuse treatment. In contrast, contingency management (CM) treatments utilize positive reinforcement procedures to improve patient outcomes. This study evaluated whether substance-abusing patients with legal problems at treatment entry had differential outcomes, in general and in response to CM, compared with those without legal problems. Data from three randomized CM trials (n = 393) were used in an evaluation of main and interactive effects of legal status and treatment condition, with respect to retention and abstinence. Compared with patients without legal difficulties, those with legal problems remained in treatment for shorter durations and achieved shorter periods of abstinence. CM was positively and significantly associated with longer durations of abstinence, regardless of legal status. Results suggest that substance abusers with legal problems have generally poor outcomes, but that CM is effective regardless of the patient's legal status.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1976-01-01

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

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

    African Journals Online (AJOL)

    User

    as threats to national and international peace and security. Legal language is ..... Language as part of their Law Reform to include the British Colombia through the ... of the courts to the various segments of the Nigerian society to indulge in.

  15. The problems of defending the interests of juveniles in legal cases of domestic disputes during the divorce

    Directory of Open Access Journals (Sweden)

    Terekhina S.A.

    2016-03-01

    Full Text Available In our article we analyze the problems connected to the judicial scenario of settling domestic disputes over children during the divorce and located at the interfaces between law and psychology. We examine the issues of defending rights and interests of juveniles during civil proceedings in the context of regulations of National strategy of actions in the interests of children 2012-2017. We indicate modern civil legal procedure's main peculiarities which prevent the principle of prioritizing maintenance of "the best interests of a child" from practical realization during settlements of domestic disputes. We cover the issues connected to different forms of using special knowledge in psychology during civil legal procedure in settling domestic disputes. We list difficulties which arise during practical realization of children's rights to participate in the process of making decisions which affect their interests during the divorce. We outlined steps to improve the organization of civil proceedings in the direction of creating justice which would be friendly towards children.

  16. Legal regulating problems in the lease contractual relations

    Directory of Open Access Journals (Sweden)

    Sevada Sargsyan

    2015-10-01

    Full Text Available Within the frames of the article some questions closely related to the lease contractual relations are analyzed by the author. The author highlights the drawbacks and gaps within the legal regulation of leasing relations, represents the wayWithin the frames of the article some questions closely related to the lease contractual relations are analyzed by the author. The author highlights the drawbacks and gaps within the legal regulation of leasing relations, represents the ways of overcoming them through the discussing views and opinions substantiated scientifically and comparative analyses within the frames of studies made. s of overcoming them through the discussing views and opinions substantiated scientifically and comparative analyses within the frames of studies made.

  17. 48 CFR 31.205-47 - Costs related to legal and other proceedings.

    Science.gov (United States)

    2010-10-01

    ... officer, in consultation with his or her legal advisor, determines that there was very little likelihood... contracting officer may provide for conditional payment upon provision of adequate security, or other...

  18. Legal and institutional problems facing geothermal development in Oregon and Washington

    Energy Technology Data Exchange (ETDEWEB)

    1978-10-01

    The energy supply and demand picture of these two states is sketched. The perceived legal and institutional problems facing geothermal are shown against the backdrop of this broader, energy policy portrait. The following are discussed: the Bonneville Power Administration - regional power broker; other key institutional players; industrial users, public utilities, two state governments, and one regional commission; and a legal/institutional agenda for the Pacific Region team. (MHR)

  19. 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)

  20. 78 FR 65933 - Restrictions on Legal Assistance With Respect to Criminal Proceedings

    Science.gov (United States)

    2013-11-04

    ... ``with respect to any criminal proceeding.'' Public Law 93-355, Sec. 1007(b)(2), 88 Stat. 383 (Jul. 25..., information, or indictment charging a person with an offense denominated `criminal' by applicable law and... knowledge of treaty law, rather than of criminal law, state- appointed private counsel and public...

  1. Legal and Constitutional Problems of Public Support for Nonpublic Schools.

    Science.gov (United States)

    Whelan, Charles M.; Freund, Paul A.

    Two authors analyze the problems facing aid to nonpublic school education and review relevant court decisions, emphasizing the latest Supreme Court decisions on the subject. Charles M. Whelan provides an analytical framework for determining the constitutionality of various assistance forms. He suggests that each program should be submitted to…

  2. PROBLEMS CONCERNING RIGHTS APPLICATION EXISTING IN THE COUNTRIES WITH THE PLURALITY OF LEGAL SYSTEMS IN THE INTERNATIONAL PRIVATE LAW

    Directory of Open Access Journals (Sweden)

    Ivanova E. Y.

    2015-10-01

    Full Text Available The article is devoted to the investigation of the problems that may face law enforcement official in the case of regulation transboundary relations between private law subjects. In that case, the law of the country with the several legal systems is applied. It is considered the classification of the legal systems' plurality in the same state. The proposals concerning supplements to the Art. 1188 of the Civil Code are conducted in the following article. In particular, it is offered to put an addition to the Art. 1188. The addition would allow to apply the norm to the both: whether the domestic conflict norm sends to the right of the foreign state or the right of the internal collisions itself, i.e. - to extend its action to the situations, in the cases when the state has substantial collisions, hierarchical collisions, temporal collisions. In that way, it is possible to fix the rule in the Art. 1188 of the Civil Code of the Russian Federation which would maintain the case when the domestic conflict norm sends to the foreign right, and in this foreign right there are internal collisions, they have to be resolved, proceeding from rules of the state law to the conflict norm which was sent by the Russian norm

  3. Technical seminar on photovoltaic systems. Day 1: Technical fundamentals - quality - performance. Day 2: Legal aspects - financing - taxation - warranties - insurance. Proceedings; Fachseminar Photovoltaik-Anlagen. 1. Tag: Technische Grundlagen - Qualitaet - Ertraege / 2.Tag: Recht - Finanzierung - Steuern - Garantie - Versicherung. Seminarband

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2005-07-01

    The proceedings volume contains the manuscripts of this two-day seminar, during which two different aspects of PV systems were gone into. The first day covered technical fundamentals, quality and performance aspects: (1) Site selection; (2) Plant construction and power supply to the public grid; (3) Technical rules and regulations; (4) Quality assurance; (5) Energy yield. The second day was dedicated to legal and financial aspects, taxation, warranties and insurance: (a) Economically efficient operation of PV systems, reimbursement contracts; (b) Financing and taxation; (c) Insurance problems; (d) Warranty aspects. The manuscripts of the first day are in the form of reproduced overhead slides and four other fulltext contributions. (orig.)

  4. Nature, frequency and duration of genital lesions after consensual sexual intercourse-Implications for legal proceedings

    DEFF Research Database (Denmark)

    Astrup, Birgitte Schmidt; Ravn, Pernille; Lauritsen, Jens

    2012-01-01

    OBJECTIVE: The purpose of this study was to make a normative description of the nature and duration of genital lesions sustained during consensual sexual intercourse, using the three most commonly used techniques; visualisation using the naked eye, colposcopy and toluidine blue dye followed...... by colposcopy. METHODS: Ninety eight women were examined within 48h of consensual sexual intercourse. Fifty of the women were examined twice again within the following 7 days of sexual abstinence after the first examination. RESULTS: The participants had a median age of 22.4 years and 88% were nulliparous....... Lesions were frequent; 34% seen with the naked eye, 49% seen with colposcopy and 52% seen with toluidine blue dye and subsequent colposcopy. The lesions lasted for several days; the median survival times for lacerations were 24, 40 and 80h, respectively. CONCLUSIONS: The legal implications...

  5. The Quality of Legal Education in Russia: The Stereotypes and the Real Problems

    Directory of Open Access Journals (Sweden)

    Olga Shepeleva

    2014-01-01

    Full Text Available The paper explores the three key issues that are often put forward as the main problems contributing to reportedly insufficient quality of legal education in Russia: superfluous number of law schools, lack of practical preparation of students, and lack of teaching of professional ethics. It is based on a research project that the Moscow office of PILnet conducted in 2010–2012, having interviewed over 130 legal professionals in four Russian cities – commercial and non-profit lawyers, government lawyers, law professors, law school administrators and students – to analyze their views and attitudes as to what defined the modern Russian lawyer and how the legal education system responded to the needs of the profession and the society.

  6. MEDIATION ON INDUSTRIAL RELATION DISPUTE AND ITS RELATION WITH RELATIVE AUTHORITY IN THE LEGAL PROCEEDINGS PROCESS

    Directory of Open Access Journals (Sweden)

    Iron Sarira

    2016-09-01

    Full Text Available Industrial Relations or Employment in the Indonesia legal system is based on Law No 13 of 2003 on Employment, and the Law No 2 of 2004 concerning Industrial Relations Dispute Settlement. The industrial relations are expected to be harmonious and give positive mutual engagement in the effort to support the development of Indonesian society and to improve the welfare of the Indonesian people, especially the workers or the labors. The desired goal is still far from the expectations if seeing the practice of industrial relations. The aim of the research was to get a better understanding of the practice and theory following the laws which regulated the procedures of employment as well as technical aspects. The research method applied was library research. There was some positive law approaches related to this research, which consisted of several rules as the normative law, such as Law No 2 of 2004, Act Number 30 of 1999, and PERMA No 1 of 2008. The research finds that the dispute of industrial relations as mentioned in Article 4 PERMA No 1 of 2008, Article 8 of Law No 2 of 2004, and Article 136 paragraph (2 of Act 13 of 2003. It explains and requires the mediation process before going into the courts of first instance (in this case is the Industrial Relations Court. The mediation process is led by a mediator who has the authority to conduct industrial relations dispute resolution processes in their jurisdiction. Industrial relations mediator does not have the authority to process the industrial relations dispute if the case territory is not located within its jurisdiction. As for, the relative authority of this provide an understanding that mediator aims to resolve disputes in industrial relations must apply the principle of locus delictus as a manifestation of its authority under the jurisdiction of the law.

  7. 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.

  8. TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

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    Rasskazov L. P.

    2015-09-01

    Full Text Available The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.. In accordance with this approach the history of mankind is a history of the development of civilizations. There are different definitions of civilization. In generalized form is a community of people with particular characteristics in the socio - political organization, economy, culture. All States from the point of view of the civilizational approach can be divided into two types: Eastern (China, India, the Empire of the Incas, etc. characterized by Marx as the "Asian mode of production"; the Western, or progressive (especially European countries. Each of these types has its historical features. In turn, each of these types has its own legal family. It appears that the basis for determining the classification of legal systems is a normative element of the legal system, including law, legal principles, sources of law, legal system, legislation, legal techniques. But this criterion can be applied in one and the same type of civilizations. In accordance with the criterion of the country of the Western type, can be divided into two large families: the Romano-Germanic and Anglo-Saxon. It should be noted that globalization processes in the modern world lead to the convergence of legal families. In particular this applies to the RomanoGermanic and Anglo-Saxon legal families, between which there is a gradual disappearance of the traditional differences

  9. Proceedings of the third international symposium on fire economics, planning, and policy: common problems and approaches

    Science.gov (United States)

    Armando González-Cabán

    2009-01-01

    These proceedings summarize the results of a symposium designed to address current issues of agencies with wildland fire protection responsibility at the federal and state levels in the United States as well as agencies in the international community. The topics discussed at the symposium included regional, national, and global vision of forest fires: common problems...

  10. First conference on ground control problems in the Illinois Coal Basin: proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Chugh, Y. P.; Van Besien, A. [eds.

    1980-06-01

    The first conference on ground control problems in the Illinois Coal Basin was held at the Southern Illinois University at Carbondale, Illinois, August 22-24, 1979. Twenty-one papers from the proceedings have been entered individually into EDB; one had been entered previously from other sources. (LTN)

  11. 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…

  12. Theoretical and observational problems related to solar eclipses. Proceedings.

    Science.gov (United States)

    Mouradian, Z.; Stavinschi, M.

    The contributions to this book are based on the current knowledge of solar corona physics and on the prospects for future total eclipse observations, focusing on the eclipse of August 11, 1999, which forecasters believe will occur at precisely the maximum of solar activity. The results of past eclipse observations are reviewed, including coronal hot and cold structures, coronal heating, public education and instrumental problems. The relation of the corona to the Sun is discussed, viz., the energy and mass transfer between the chromosphere and the corona, including the formation of prominences by coronal condensation in coronal cavities and the supply of mass to the corona by spicules.

  13. Proceedings:

    Energy Technology Data Exchange (ETDEWEB)

    Sidhu, S.S. (comp.)

    1987-12-01

    With increasingly stringent requirements on the performance of accelerators and storage rings, there is a wide interest in modeling-based control. The organizers recognized the need to have an overview and discussion on the current status of modeling-based accelerator control and how advances in computer technology, software engineering, and expert systems can impact control and diagnosis. As a result, a workshop was organized at the Brookhaven National Laboratory on August 17-18, 1987. It was made possible by the joint support of the AGS, NSLS and Applied Mathematics Departments of BNL. The talks and discussions were divided into three main topics: elements of modeling, knowledge representation, and integration of modeling-based control systems with AI and workstations. This volume is the unedited collection of papers, presented at the Workshop. Separate abstracts were prepared for 10 papers in these proceedings.

  14. 31 CFR 560.525 - Exportation of certain legal services.

    Science.gov (United States)

    2010-07-01

    ... domestic United States legal, arbitration, or administrative proceedings; (3) Initiation and conduct of domestic United States legal, arbitration, or administrative proceedings on behalf of the Government of... arbitral proceedings and proceedings before international tribunals (including the Iran-United States...

  15. Problems on the Enforcement Judicature and Legal Supervision of Animal Welfare Laws

    Directory of Open Access Journals (Sweden)

    Song Wei

    2007-12-01

    Full Text Available AbstratAlong with the economic development and social progress, the idea of animal protection has gone deep into people’s hearts all over the world. Animal protection includes not only reserving species resources and nursing the diversification of creatures, but also animal health care and welfare. Compared with some other countries, there exists severe imperfection on legislation for animal protection,and the related legal system is nearly left blank. In view of such unfavorable state and the rising appeal for animal protection, it is an inevitable trend to enact China Animal Welfare Laws. Since the final purpose of legislation has to be reached through the enforcement and realization of the law, there involve the problems onthe enforcement, judicature and legal supervision of China Animal Welfare Laws.

  16. Polynomial-time algorithm for the legal firing sequences problem of a type of synchronous composition Petri nets

    Institute of Scientific and Technical Information of China (English)

    2001-01-01

    As far as we know, the testing problem of legal firing sequence is NP-complete for general Petri net, the related results of this problem on the polynomial-time solvability are limited only to some special net classes, such as persistent Petri nets, conflict-free Petri nets and state machine Petri nets. In this paper, the language properties of synchronous composition net are discussed. Based on these results, the testing algorithm polynomial-time complexity for legal firing sequence is proposed. Therefore, net classification of polynomial-time solvability for testing legal firing sequence is extended.

  17. 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.

    2009-01-01

    Objective: 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. Method: 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. Results: 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). Conclusions: 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. PMID:19737496

  18. 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.

  19. Research on the Legal Question of Housing Property Division in Divorce Proceedings%离婚诉讼中房产分割的法律研究

    Institute of Scientific and Technical Information of China (English)

    高茜

    2015-01-01

    Housing property division is the litigation dispute in divorce proceedings.Although has made great efforts to further clarify the legal provisions with the ownership and division of housing property,there are some legislative defects and blank of law left.This paper runs through the current legal institutions of housing property division,and then puts forward several legal confusion about housing property division.Through these research,we want to provid some thoughts and suggestions for perfecting the legal mechanism of housing property division.%在离婚诉讼中,夫妻共同财产中的房产分割是诉讼争议的焦点,尽管《婚姻法司法解释(三)》针对目前社会中争议较大的夫妻房产归属和分割等问题进行了进一步的明确,但是仍存在某些立法缺陷和法律空白。梳理了我国的夫妻房产分割法律制度并提出了几个关于夫妻房产分割问题上存在的法律困惑,以期为今后的相关法律完善提供一些思路。

  20. Bankruptcy Proceedings and the Violation of Shareholders’ Rights in the Context of Special Legal Protection Conferred by Copyright Law in Romania

    Directory of Open Access Journals (Sweden)

    Anca Popescu-Cruceru

    2012-02-01

    Full Text Available Insolvency law creates a privileged position of the creditor, which is provided with a lever to manipulate the property while the debtor can deprive shareholders of the wording of any application or appeal, and thus violating the management of property rights, arising from the right ownership’ on the social shares. The lack of Romanian legislation gives no possibility of the shareholder to protect his property rights in case the company loses its legal personality while it still has assets with a non-concluded legal regime until the bankruptcy procedure is closed. Therefore, as the same problem appears in case a company which acts as a shareholder in another legal entity lose its legal personality, it has to give effectiveness to the related civil norms of inheritance, other than the remaining assets will remain without owner.

  1. TO THE PROBLEM OF RUSSIAN LEGAL SYSTEM IN THE WORLD LAW GEOGRAPHY

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    Rasskazov L. P.

    2014-01-01

    Full Text Available The article shows that the legal system of Soviet state was considered as a type of social legal family. The author analyses the main approaches to the relation of modern legal system of Russia to the corresponding legal family and shows civilized peculiarities of Russia

  2. Proceedings of Department of Energy/Office of the Environment Workshop on Enhanced Oil Recovery: problems, scenarios, risks

    Energy Technology Data Exchange (ETDEWEB)

    Kaplan, E.; Garrell, M.H.; Riedel, E.F.; Sathaye, J.

    1980-08-01

    A DOE/EV-sponsored workshop on enhanced oil recovery (EOR) was held at Montana State University, Bozeman, during August 24-27, 1980. The purpose of the workshop was to discuss the validity of scenarios for increased EOR production; to identify specific environmental, health, and safety issues related to EOR; and to identify quantitative methods for assessments of impacts. Workshop deliberations will be used by national laboratory scientists in their DOE-sponsored evaluation of the environmental, health, and safety (EH and S) aspects of increased EOR production. The following topics were discussed: EOR in the year 2000 - Production Estimates and Regulatory Constraints, Production and the Windfall Profits Tax; Environmental, Health, and Safety Impacts; Groundwater Contamination; and Special Technical and Legal Consideration. These discussions are included in the Proceedings along with appendices of: workshop agenda; list of attendees; biographical sketches of participants; handouts on potential critical problems for increased EOR, EIA production scenario for EOR, PNL production scenario for EOR; and results of questionnaires administered at workshop.

  3. 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.

  4. Summary proceedings: Workshop on REDD+ and legal regimes of mangroves, peatlands and other wetlands: ASEAN and the world

    Directory of Open Access Journals (Sweden)

    Lovleen Bhullar

    2013-07-01

    Full Text Available This report summarises the proceedings of the workshop as interpreted by the assigned rapporteur and editors of the Asia-Pacific Centre for Environmental Law, which were reviewed and approved by the presenters.

  5. Considerations on Legal and Philosophical Problems in Experimental Botany: The case of plant in vitro cultures

    Directory of Open Access Journals (Sweden)

    Iwona Kleszcz

    2015-09-01

    Full Text Available The present paper consists of two parts. In the first, some issues related to the character of biological experiments conducted under in vitro cultures are portrayed. The relevant aspects of these procedures are explicated from the viewpoint of the experimental botanist. It is a case study for the considerations in the second part, which presents selected philosophical and legal issues involved in biological experiments from the general perspective of philosophical investigations concerning the problem of plants’ axiology. Obviously, the nature of the considerations is limited; not all important questions from the perspective of biology and philosophy have been raised. Nevertheless, the authors hope that the analyzed issues may be interesting for both biologists and philosophers.

  6. When Certainty and Legality Collide: The Efficacy of Interdictory Relief for the Cessation of Building Works pending Review Proceedings

    Directory of Open Access Journals (Sweden)

    R Summers

    2010-12-01

    Full Text Available Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans are approved, should the practical implications of this principle trump the equally important principle of legality? This article examines the – at times – competing imperatives of certainty and legality in the context of several recent decisions of the Western Cape High Court that related to applications for interdictory relief for the cessation of allegedly unlawful building works. The practical difficulties for an applicant in these circumstances are particularly acute when the relief is sought pending the final determination of an application for judicial review of the impugned administrative decision to grant building plan approval. The article highlights the approach of the Western Cape High Court in three cases to invoking considerations of legality in circumstances where building works had reached an advanced stage and the respondent had effectively achieved what has been described as an "impregnable position". The principal difficulty for an applicant lies in the fact that where interdictory relief is sought against building works that have reached an advanced stage, this potentially renders an eventual successful review application brutum fulmen.

  7. 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.

  8. Teaching and Assessing Problem Solving: An Example of an Incremental Approach to Using IRAC in Legal Education

    Science.gov (United States)

    Burton, Kelley

    2016-01-01

    Legal reasoning is a type of problem solving, and is situated within thinking skills, one of the six threshold learning outcomes established under the auspices of the Australian Learning and Teaching Council's Bachelor of Laws Learning and Teaching Academic Standards Statement. The threshold learning outcomes define what law graduates are…

  9. 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.

  10. General report on legal problems in radiation protection. Working group 4

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-12-31

    The legal implications and especially how some of the less definite concepts of the ICRP recommendations in Publication 60, issued in 1991, are given regulatory form are analysed. The preparation of the new EC directive on radiation protection and the attempt by IAEA and NEA to integrate the ICRP radiological protection principles with the nuclear safety principles are also examined. A special paragraph deals with long-debated question of exemptions. The report then analyses the right to be informed and the obligation to inform, in the field of radiation protection of the public, highlighting the different approaches in the regulatory systems developed during the past years at Community level and in the US. The problems of coordination between the provisions of the EC and the EURATOM treaties on environmental protection and radiation protection respectively, are then considered, partly with a view to the possible merging of these provisions into a single Treaty. Lastly, some considerations are developed concerning the different possible approaches to compensation for potentially radiation-induced diseases. 27 refs., 1 tab.

  11. Access to workers' compensation benefits and other legal protections for work-related mental health problems: a Canadian overview.

    Science.gov (United States)

    Lippel, Katherine; Sikka, Anette

    2010-01-01

    This article reports on a study of the legal and policy framework governing access, in Canada, to workers' compensation benefits for workers who are work disabled because of mental health problems attributed to stressful working conditions and events. It also provides a brief description of legislation regulating psychological harassment in Quebec and Saskatchewan. Applying classic legal methodology, the article examines the legal situation in Canada, relying on federal and provincial legislation and case law. While many of the jurisdictions studied explicitly restrict compensability to the consequences of traumatic incidents, application of this legislation is very different from one province to the next. In some provinces, legal exclusions are applied emphatically, whereas in others the workers' compensation appeal tribunals interpret the legislative exclusions much more narrowly, allowing for some access to compensation despite the legislative exclusions. Other provinces have no such exclusions and accept claims for both acute and chronic stress, although access to compensation remains more difficult for claimants with mental health problems than for those who are physically injured, regardless of where they live. The article concludes by offering an analysis of the consequences of the current situation from a public policy and public health perspective, notably underlining the negative consequences, particularly for women, of current workers' compensation policy in most Canadian provinces.

  12. 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

  13. The Relationship Between the Number of Types of Legal Gambling and the Rates of Gambling Behaviors and Problems Across U.S. States.

    Science.gov (United States)

    Welte, John W; Tidwell, Marie-Cecile O; Barnes, Grace M; Hoffman, Joseph H; Wieczorek, William F

    2016-06-01

    In this article, we examine the relationship between the total number of types of gambling that are legal in a state and the gambling involvement of state residents. Of particular interest is whether more types of legal gambling are associated with higher rates of problem gambling. Telephone surveys of U.S. adults were conducted in 1999-2000 and 2011-2013. The same questions were used and the data sets were combined for most of the analyses. Gambling exposure was defined as the sum of the number of years that all types were legal. Results tabulated by state showed progressively higher rates of problem gambling, frequent gambling and any past year gambling as the number of legal types of gambling increased. Holding constant the number of legal types, problem gambling rates increased as exposure increased. States with longer exposure to legal lotteries or casinos tended to have higher rates of problem gambling. An analysis was also conducted in which the data sets from 1999 to 2000 and from 2011 to 2013 were compared. Among the states, there was a striking positive relationship between changes in the number of legal types of gambling between the two studies and changes in rates of frequent gambling between the two studies. For states that had fewer types of legal gambling in 2011 than in 1999, the rates of frequent gambling went down. For states that increased their types of legal gambling, rates of frequent gambling typically, but not always, went up. Possible explanations for these results were discussed.

  14. PRE-TRIAL SETTLEMENT OF DISPUTES WITH CUSTOMS IN LITHUANIA: DEVELOPMENT OF LEGAL REGULATIONS, IT‘S PROBLEMS AND PROSPECTS

    Directory of Open Access Journals (Sweden)

    Gediminas Valantiejus

    2013-06-01

    Full Text Available Purpose – the aim of this article is to analyse and examine development of Lithuanian legislation governing the pre-trial settlement of the disputes with customs authorities (prior to accession to the European Union, and after it; discuss the practical problems related to regulation of the pre-trial litigation procedures and provide suggestions for the improvement of legal framework in order to ensure transparent and cost-effective resolution of disputes with customs. Design/methodology/approach – analysis of relevant issues is based both on theoretical (analysis and synthesis, historical, systematic, comparative and empirical methods (analysis of documents, generalization of professional practice (analysis of courts practice and practice of other dispute settlement bodies (institutions in Lithuania, statistical analysis of data concerning use of pre-trial and trial disputes resolution procedures in Lithuania. The article consists of an introduction and three chapters. Findings – procedures for the pre-trial settlement of disputes with customs in Lithuania are quite complex, diverse and are governed by different laws (legal documents, including the European Union law. The main legal documents are not compatible with each other and they do not provide a detail list of mandatory pre-trial dispute settlement procedures. Research limitations/implications – article analyzes legal regulations of pre-trial disputes with customs since restoration of Lithuanian independence to the present days, with particular emphasis on developments relating to entry of Lithuanian Republic to the European Union, as well as formation of the case law on the application of these legal regulations. Practical implications – article presents proposals for the improvement of current legislation – Regulations on Investigation of Complaints in the Custom of Lithuanian Republic approved by order No. 1B-540 of the Director General of the Customs Department under the

  15. 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.

  16. A Bayesian network approach to the database search problem in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Biedermann Alex

    2012-08-01

    Full Text Available Abstract Background The ‘database search problem’, that is, the strengthening of a case - in terms of probative value - against an individual who is found as a result of a database search, has been approached during the last two decades with substantial mathematical analyses, accompanied by lively debate and centrally opposing conclusions. This represents a challenging obstacle in teaching but also hinders a balanced and coherent discussion of the topic within the wider scientific and legal community. This paper revisits and tracks the associated mathematical analyses in terms of Bayesian networks. Their derivation and discussion for capturing probabilistic arguments that explain the database search problem are outlined in detail. The resulting Bayesian networks offer a distinct view on the main debated issues, along with further clarity. Methods As a general framework for representing and analyzing formal arguments in probabilistic reasoning about uncertain target propositions (that is, whether or not a given individual is the source of a crime stain, this paper relies on graphical probability models, in particular, Bayesian networks. This graphical probability modeling approach is used to capture, within a single model, a series of key variables, such as the number of individuals in a database, the size of the population of potential crime stain sources, and the rarity of the corresponding analytical characteristics in a relevant population. Results This paper demonstrates the feasibility of deriving Bayesian network structures for analyzing, representing, and tracking the database search problem. The output of the proposed models can be shown to agree with existing but exclusively formulaic approaches. Conclusions The proposed Bayesian networks allow one to capture and analyze the currently most well-supported but reputedly counter-intuitive and difficult solution to the database search problem in a way that goes beyond the traditional

  17. Introduction: The Incorporation Problem in Interdisciplinary Legal Research : Part 1: Theoretical Discussions

    NARCIS (Netherlands)

    H.S. Taekema (Sanne); W. van der Burg (Wibren)

    2015-01-01

    textabstractIn the past decades, there has been a rapid increase of interdisciplinary research with regard to law, exemplified in socio-legal research and law and economics. More recently, there has also been – albeit in some countries more than in others – a growing interest in the methodology of l

  18. Problem of long-datedness in banking crediting in Russia: legal aspect,

    Directory of Open Access Journals (Sweden)

    Ivan V. Makerov

    2016-03-01

    Full Text Available Objective to study the needs of economy in the longterm banking credit for capital renewal and in this regard to find in the current legislation the time frame of longdatedness in general and in particular time period of longterm banking credit relationships. Methods the work is based on the dialectical approach to cognition allowing to establish the diversity of longdated terms in the system of the current legislation by assessing the quantitative aspects to identify the components of a period of time comprehensively and objectively considered as longdated in bank crediting. The dialectical approach to cognition has determined the choice of specific research methods general scientific comparison description induction systemic approach and specific scientific analysis synthesis generalization methods. Results in the current legislation there is no clear definition of a longterm period of time. The concept used in the legislation characterizes different time periods. Also there is no generally accepted time period of longterm banking credit relationships as every legal act in crediting establishes its own time frame. Such situation of legal uncertainty of the timing of longterm bank crediting is an obstacle in enhancing the longterm component in bank crediting. In this regard to improve the legal regulation of longterm credit relationships it is essential to establish a unified period of longterm bank crediting. Scientific novelty for the first time the article describes and analyzes the current Russian legislation relating to longterm relationships and their timing as well as legal acts related to the activities of the banking sector which are determined by crediting terms depending on the situation and order of granting. Practical significance the main findings of the research can be used in scientific and theoretical activity in civil law when considering the timing of the relationships and their duration. They can be also used in the

  19. Environmental Management And Subsurface Use: Problem Of The Legal Concepts Ratio

    Directory of Open Access Journals (Sweden)

    Alexander M. Solncev

    2014-06-01

    Full Text Available In the present article comparative analysis of the known doctrinal and legal definitions of one of the key concepts of the ecological legislation – "environmental management" is conducted and on it's results the new, evidence-based definition of the concept is offered. It is noted that definition of the concept "environmental management" is absent in the main act of the ecological legislation – the Law on environmental protection, and in other regulations of this sphere of legislation. Generally environmental management is defined through the activity of person, purposeful, in the sphere of the research and rational use of nature, it's natural resources, used physical and mental capacities in exchange to the certain material benefits. Authors noticed that definitions, close to the concept "environmental management" belonging to the concept "use" concrete natural resources are present at the legislation. Also the ratio of the legal concepts "environmental management" and "subsurface use" which is one of types of environmental management connected with the identification, studying, use or preservation of the useful properties of the subsoil resources is considered. In the article specifics of the "subsurface use" as an object of administrative and legal regulation are noted. Authors researched opinions of various experts and scientists, presented own views regarding the research.

  20. The problems of the late implementation of the legal prevention measures for flood risk

    Directory of Open Access Journals (Sweden)

    Sanseverino-Godfrin Valérie

    2016-01-01

    Full Text Available Three main laws, 13th July 1982, 2nd February 1995 and 30th July 2003, have reformed the French legal framework and introduced special measures to prevent flood risks. Besides, completing these measures, the urban planning law have imposed since the 1987 Law that the urban planning documents have had to take into account the natural hazards to define the buildable areas. But, the late implementation of the prevention provisions and the lack of the urban planning documents concerning the natural hazards have led to a development of the urbanism in the flood prone areas. As consequences, most of the constructions are not flood proof, and many large damages are caused each time a flood occurs. We present this problematic through 8 municipalities in three departments (Aude, Gard, and Var.

  1. Neuroscience, ethics and legal responsibility: the problem of the insanity defense. Commentary on "The ethics of neuroscience and the neuroscience of ethics: a phenomenological-existential approach".

    Science.gov (United States)

    Smith, Steven R

    2012-09-01

    The insanity defense presents many difficult questions for the legal system. It attracts attention beyond its practical significance (it is seldom used successfully) because it goes to the heart of the concept of legal responsibility. "Not guilty by reason of insanity" generally requires that as a result of mental illness the defendant was unable to distinguish right from wrong at the time of the crime. The many difficult and complex questions presented by the insanity defense have led some in the legal community to hope that neuroscience might help resolve some of these problems, but that hope is not likely to be realized.

  2. Problem-Based Learning: An Exercise on Vermont's Legalization of Civil Unions

    Science.gov (United States)

    Ross, Susan M.; Hurlbert, Janet McNeil

    2004-01-01

    The majority of literature regarding problem-based learning demonstrates its usefulness as a teaching technique in the natural sciences curriculum. The purpose of this paper is twofold. First, the broad purpose is to illustrate the application of problem-based learning for instructing students about controversial issues in sociology. Within the…

  3. Männer und Frauen sind nicht gleich. Über Geschlechterstereotype in juristischen Verfahren Men and Women are not Equal. On Gender Stereotypes in Legal Proceedings

    Directory of Open Access Journals (Sweden)

    Claudia Fröhlich

    2004-07-01

    well as the television reporting in the 1970s on the Majdanek Trials against male and female SS concentration camp guards. The authors ask how and which gender stereotypes influenced the jurisdiction and media reporting, which functions the hereby formulated images of men and women took on in the context of the formation of both German societies, and how they are to be situated on a cultural-historical level. While research on female perpetrators has already been established, a gender-historical method is now considered in the research on Nazi legal proceedings and their perceptions. This research perspective can be thought-provoking for both women’s and men’s history.

  4. INTRODUCTION: The Physics of Chaos and Related Problems: Proceedings of the 59th Nobel Symposium

    Science.gov (United States)

    Lundqvist, Stig

    1985-01-01

    Gothenburg University. The idea to arrange a Nobel symposium on the physics of chaos and related problems came up more than three years ago. The rapid progress in the field since then seemed a bit frightening, to say the least, in view of the small format of the meeting. Nevertheless, we found the idea attractive - provided that we could restrict the programme to a few selected topics of current interest in order to generate a strong interaction between the participants and produce an intensive discussion. I feel that I need to express my apologies to all prominent scientists who could not be invited as a result of our planning. In the first place we did not attempt to review areas which seemed to be well established and have reached a certain level of maturity or saturation, irrespective of how great the individual contributions might have been. We decided firmly to concentrate on just a few of the recent developments which seemed to be in the focus of interest, deliberately leaving out important areas equally exciting. These proceedings contain practically all the material presented in the papers given at the Symposium. We felt that some participants might have found it inconvenient to prepare a full-length paper, which in some cases would have been merely modified versions of material due to appear in regular journals. We therefore took a liberal attitude and accepted everything from a brief abstract with some key references, up to a full-length paper. We would like to place on record our sincere thanks to all the participants who have contributed substantially in the planning of the Symposium by making valuable comments and suggestions about participants and topics. In particular, Jerry Gollub and Pierre Hohenberg helped me in organizing the programme and they also did a beautiful job with the concluding session and the conference summary. My co-organizers played a crucial role in the planning and during the Symposium week and always seemed to show an outstanding

  5. MEASURES TO COUNTER THE LEGALIZATION (LAUNDERING OF INCOME FROM CRIME

    Directory of Open Access Journals (Sweden)

    Shpak N. M.

    2015-05-01

    Full Text Available Illegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities

  6. Sickle Cell Screening: Medical, Legal, Ethical, Psychological and Social Problems; A Sickle Cell Crisis.

    Science.gov (United States)

    Bowman, James E.

    In recent years, sickle cell screening programs have been initiated by community groups, health centers, hospitals, medical schools, health departments, school systems, city and State governments, various branches of the Federal Government, fraternal and social clubs, and other organizations. Problems have resulted from mass sickle cell screening,…

  7. 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.

  8. Legal Interviewing For Paralegals.

    Science.gov (United States)

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  9. 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.

  10. Legal Problems on Alteration of Administrative Divisions%行政区划变更的法治问题

    Institute of Scientific and Technical Information of China (English)

    马怀德

    2016-01-01

    In recent years, the organizational system of administrative divisons in China can not meet the needs of local economic development. It has failed to comply with the Constitution and been feced with problems of backward legal basis, incomplete alteration procedure, neglect of local autonomous management. To improve the the organizational system of administrative divisons, this article presents several suggestions including the legislation of Law on Administrative divisions, more engagement from the Standing Committee of the People' s Congress, procedure system of public participation, expert opinions, and risk assessment.%近年来,我国行政区划建置与地方经济发展不协调、不适应的问题日渐突出.行政区划建置突破了《宪法》规定,行政区划变更所依据的法律规范滞后、不健全,行政区划变更程序不完善,存在隔级决定、忽视地方权力机关的自主管理权等问题.完善行政区划变更制度,关键在于加快制定《行政区划法》,建立人大常委会参与和决定机制,建立公民参与、专家论证和风险评估等程序制度.

  11. Application of PRECEDE-PROCEED model to tackle problems identified with diarrhoea burden among under-5s in Botswana.

    Science.gov (United States)

    Popoola, Tosin; Mchunu, Gugu

    2015-05-01

    Diarrhoea has been identified as the second leading cause of mortality among under-5s and also claims more life than HIV, measles and malaria combined together in the same category of population. This article is a combination of literature review and personal experience of lessons learnt from past diarrhoea outbreaks in Botswana that caused significant rate of mortality among under-5s. The paper used literature review to identify contributory factors to diarrhoea burden among under-5s in Botswana and applied a community health nursing framework (PRECEDE-PROCEED) to tackle the problems identified. The study revealed that Botswana mothers are lacking in knowledge related to exclusive breastfeeding, prevention and treatment of diarrhoea disease. The paper recommends that health-care workers in Botswana be sensitized on current diarrhoea management to tailor their health education methods appropriately. © 2015 Wiley Publishing Asia Pty Ltd.

  12. 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.

  13. Brazilian Civil Procedure in the ‘Age of Austerity’? : Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

    NARCIS (Netherlands)

    A. Gidi (Antonio); H. Zaneti Jr. (Hermes)

    2015-01-01

    textabstractThe current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the l

  14. Computers, Society and Law: The Role of Legal Education. Proceedings of the AFIPS/Stanford Conference, June 25-27, 1973.

    Science.gov (United States)

    Leininger, Joseph E., Ed.; Gilchrist, Bruce, Ed.

    At a conference held at Stanford University in June 1973, 91 lawyers, law teachers, computer scientists, and other scholars gave presentations on major, computer-related developments and issues affecting the law. Following an introduction into some general aspects of computers, their role in society, and their potential for legal education, a…

  15. Computers, Society and Law: The Role of Legal Education. Proceedings of the AFIPS/Stanford Conference, June 25-27, 1973.

    Science.gov (United States)

    Leininger, Joseph E., Ed.; Gilchrist, Bruce, Ed.

    At a conference held at Stanford University in June 1973, 91 lawyers, law teachers, computer scientists, and other scholars gave presentations on major, computer-related developments and issues affecting the law. Following an introduction into some general aspects of computers, their role in society, and their potential for legal education, a…

  16. Proceedings of the International Conference on Soft Computing for Problem Solving

    CERN Document Server

    Nagar, Atulya; Pant, Millie; Bansal, Jagdish

    2012-01-01

    The present book is based on the research papers presented in the International Conference on Soft Computing for Problem Solving (SocProS 2011), held at Roorkee, India. This book is divided into two volumes and covers a variety of topics, including mathematical modeling, image processing, optimization, swarm intelligence, evolutionary algorithms, fuzzy logic, neural networks, forecasting, data mining etc. Particular emphasis is laid on Soft Computing and its application to diverse fields. The prime objective of the book is to familiarize the reader with the latest scientific developments that are taking place in various fields and the latest sophisticated problem solving tools that are being developed to deal with the complex and intricate problems that are otherwise difficult to solve by the usual and traditional methods. The book is directed to the researchers and scientists engaged in various fields of Science and Technology.

  17. Proceedings of the International Conference on Soft Computing for Problem Solving

    CERN Document Server

    Nagar, Atulya; Pant, Millie; Bansal, Jagdish

    2012-01-01

    The present book is based on the research papers presented in the International Conference on Soft Computing for Problem Solving (SocProS 2011), held at Roorkee, India. This book is divided into two volumes and covers a variety of topics, including mathematical modeling, image processing, optimization, swarm intelligence, evolutionary algorithms, fuzzy logic, neural networks, forecasting, data mining etc. Particular emphasis is laid on Soft Computing and its application to diverse fields. The prime objective of the book is to familiarize the reader with the latest scientific developments that are taking place in various fields and the latest sophisticated problem solving tools that are being developed to deal with the complex and intricate problems that are otherwise difficult to solve by the usual and traditional methods. The book is directed to the researchers and scientists engaged in various fields of Science and Technology.

  18. EL PROBLEMA TEMPORAL EN EL INICIO DE LOS PROCEDIMIENTOS CONCURSALES: The timing problem in the opening of a bankruptcy proceeding

    Directory of Open Access Journals (Sweden)

    Juan L Goldenberg Serrano

    2012-01-01

    Full Text Available La definición del momento en que los interesados pueden dar inicio a un procedimiento concursal es un asunto de la mayor trascendencia para su éxito como mecanismo de solución al dilema de la insolvencia. El legislador, tomando en cuenta los diversos intereses involucrados, no sólo debe precisar el o los hechos que desencadenan tal apertura, sino configurar una serie de incentivos (positivos y negativos para ajustar la decisión del deudor y de los acreedores, a fin de que el concurso no sea abierto cuando ya no existan bienes suficientes para el reparto, como para que tampoco sea utilizado como una herramienta de amenaza y cobro cuando aún no es evidente su utilidad. El presente trabajo pretende dar algunas ideas sobre las razones de este "problema temporal", su magnitud e implicancias, y los medios que se han tenido a la vista para resolverlo en nuestro ordenamiento y en el Derecho comparado.The definition of the moment in which the stakeholders may initiate a bankruptcy proceeding is a matter of great importance for its success as a mechanism for resolving the insolvency dilemma. The lawmaker, considering the different interests that are involved in this issue, not only must specify the fact or facts that trigger such opening, but also must create a series of (positive and negative incentives to adjust the decision of the debtor and the creditors to ensure that the proceeding is not opened when there are no longer enough assets to be distributed, but it is not used as a threat or collection tool when its utility is not evident. This article aims to give some ideas for the reasons of this "timing problem", its magnitude and implications, and the means that have been considered in order to solve it in our system and in comparative law.

  19. Proceedings of the Workshop on open problems in heavy ion reaction dynamics at VIVITRON energies

    Energy Technology Data Exchange (ETDEWEB)

    Beck, F.A.

    1993-07-01

    Some problems of heavy ion reaction dynamics at the VIVITRON tandem accelerator and the experimental facilities are discussed at the meeting. Topics include light dinuclear systems, collision dynamics at low energies, fission evaporation and fusion of heavy nuclei and others. Most documents consist of transparencies presented at the workshop, texts of papers are missing. All items are indexed and abstracted for the INIS database. (K.A.).

  20. Proceedings of Workshops on Inverse Problems, Data, Mathematical Statistics and Ecology

    OpenAIRE

    2011-01-01

    Processes in Nature may be considered as deterministic or/and random. We are observing global problems such as climate changes (e.g. warming and extreme weather conditions), pollutions (e.g. acidification, fertilization, the spread of many types of pollutants through air and water) and whole ecosystems that are under pressure (e.g. the Baltic sea and the Arctic region). To understand the processes in Nature and (predict) understand what might occur it is not enough with empirical studies. One...

  1. A facility for using cluster research to study environmental problems. Workshop proceedings

    Energy Technology Data Exchange (ETDEWEB)

    1991-11-01

    This report begins by describing the general application of cluster based research to environmental chemistry and the development of a Cluster Structure and Dynamics Research Facility (CSDRF). Next, four important areas of cluster research are described in more detail, including how they can impact environmental problems. These are: surface-supported clusters, water and contaminant interactions, time-resolved dynamic studies in clusters, and cluster structures and reactions. These facilities and equipment required for each area of research are then presented. The appendices contain workshop agenda and a listing of the researchers who participated in the workshop discussions that led to this report.

  2. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  3. Nuclear Methods for Transmutation of Nuclear Waste: Problems, Perspextives, Cooperative Research - Proceedings of the International Workshop

    Science.gov (United States)

    Khankhasayev, Zhanat B.; Kurmanov, Hans; Plendl, Mikhail Kh.

    1996-12-01

    The Table of Contents for the full book PDF is as follows: * Preface * I. Review of Current Status of Nuclear Transmutation Projects * Accelerator-Driven Systems — Survey of the Research Programs in the World * The Los Alamos Accelerator-Driven Transmutation of Nuclear Waste Concept * Nuclear Waste Transmutation Program in the Czech Republic * Tentative Results of the ISTC Supported Study of the ADTT Plutonium Disposition * Recent Neutron Physics Investigations for the Back End of the Nuclear Fuel Cycle * Optimisation of Accelerator Systems for Transmutation of Nuclear Waste * Proton Linac of the Moscow Meson Factory for the ADTT Experiments * II. Computer Modeling of Nuclear Waste Transmutation Methods and Systems * Transmutation of Minor Actinides in Different Nuclear Facilities * Monte Carlo Modeling of Electro-nuclear Processes with Nonlinear Effects * Simulation of Hybrid Systems with a GEANT Based Program * Computer Study of 90Sr and 137Cs Transmutation by Proton Beam * Methods and Computer Codes for Burn-Up and Fast Transients Calculations in Subcritical Systems with External Sources * New Model of Calculation of Fission Product Yields for the ADTT Problem * Monte Carlo Simulation of Accelerator-Reactor Systems * III. Data Basis for Transmutation of Actinides and Fission Products * Nuclear Data in the Accelerator Driven Transmutation Problem * Nuclear Data to Study Radiation Damage, Activation, and Transmutation of Materials Irradiated by Particles of Intermediate and High Energies * Radium Institute Investigations on the Intermediate Energy Nuclear Data on Hybrid Nuclear Technologies * Nuclear Data Requirements in Intermediate Energy Range for Improvement of Calculations of ADTT Target Processes * IV. Experimental Studies and Projects * ADTT Experiments at the Los Alamos Neutron Science Center * Neutron Multiplicity Distributions for GeV Proton Induced Spallation Reactions on Thin and Thick Targets of Pb and U * Solid State Nuclear Track Detector and

  4. 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.

  5. 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

  6. Implementation of Legal Requirements for Energy Using Products (EuP in Lithuanian Industry: Problems and Possibilities

    Directory of Open Access Journals (Sweden)

    Inga Gurauskienė

    2010-07-01

    Full Text Available Energy using products (EuPs are of great concern, because of their proliferation in every-day activity and environmental impact through their life cycle. The greatest share of environmental impact is related to energy use in the usage stage. The new legal requirements implemented in the EU are intended for tackling the environmental impact of EuPs applying the life cycle approach. The aim of this paper is to present the legal requirements for EuPs and eco-design measures the manufacturing companies have to undertake in order to gain competitive advantage while implementing them at the production stage.

  7. On the problem of updating of the social and philosophical parameters in the studies of the law and dynamic legal processes

    Directory of Open Access Journals (Sweden)

    Trofimov V. V.

    2016-01-01

    Full Text Available In the article, the problem of socio-philosophical bases (parameters in the studies of the law and dynamic legal processes is discussed and described. The importance of socio-philosophical level of methodology for law understanding is stated. The idea of updating the required social and philosophical foundations of legal research is held. This thesis against the background of the famous comparison of innovations in the understanding of the essence of social development with the previously prevailing in the domestic science historical materialistic approach is justified. Taking into account some of the dignity of historical materialism, the inability to use it to reveal the deeper side of the social reality of law is asserted. According to the authors, the heuristic potential for an integrated and comprehensive study of the social patterns of legal phenomena is found in the socio-philosophical approach, where the focus is on the phenomenon of “interaction” as the basis of the maximum social foundation of rights. As a possible source of scientific understanding of the issues under consideration, the national (P. A. Sorokin, K. M. Takhtaryov, N. I. Karev, A. S. Zvonitskaya, M. M. Kovalevskiy and others and foreign sociological theories of classical scholars (T. Parsons, N. Luhmann, U. Habermas, K.-O. Apel, P. Berger, T. Luckmann and others are specified. The formation of the right, law-making, the implementation of the right, legal corresponding connections, and other dynamic processes of law is the result of the set of interactions between social actors, integrated into the legal sphere, and in these interactive links, social laws of the existence of the right should be researched.

  8. Organizational and Legal Issues of Combating Money Laundering: International Experience and Prospects of Its Use in the Russian Federation

    Directory of Open Access Journals (Sweden)

    Alexander V. Vlasov

    2015-12-01

    Full Text Available The article deals with the problem of counteraction to legalization (laundering of proceeds from crime - is the final stage of transformation into high crime and effective form of illegal business. During this process, illegal and highly dangerous for the concentration of economic society, and behind her, and political power in the hands of an uncontrolled group of people.

  9. Organizational and Legal Issues of Combating Money Laundering: International Experience and Prospects of Its Use in the Russian Federation

    OpenAIRE

    Alexander V. Vlasov

    2015-01-01

    The article deals with the problem of counteraction to legalization (laundering) of proceeds from crime - is the final stage of transformation into high crime and effective form of illegal business. During this process, illegal and highly dangerous for the concentration of economic society, and behind her, and political power in the hands of an uncontrolled group of people.

  10. PROBLEMS OF CUSTOMS LEGAL REGULATION IN INTERNATIONAL TRADE BETWEEN THE EUROPEAN UNION, RUSSIA AND CHINA: ANALYSIS OF LITHUANIAN JUDICIAL PRACTICE SINCE 2010

    Directory of Open Access Journals (Sweden)

    Gediminas Valantiejus

    2015-07-01

    Full Text Available Purpose – the aim of this article is: (i to overview the level of the problems and obstacles of international trade between the Republic of Lithuania, as the EU Member State and the BRICS group of countries (Russia, China according to the case-law of the Republic of Lithuania in disputes relating to customs decisions and actions (for the period from 2010-01-01 to 2015-01-01 and (ii to present proposals for development of the regulatory regime for import customs duties. Design/methodology/approach – analysis of relevant issues is based both on theoretical (analysis and synthesis, systematic and in particular empirical methods (statistical analysis of data, analysis of documents, generalization of professional experience, in particular – practice of the courts of Lithuanian Republic in disputes with customs authorities. The article consists of an introduction, three chapters and conclusions. Findings – for more than ten years (since 2004 the Republic of Lithuania is a member of 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 foreign trade policy (Common Commercial Policy. After accession to the EU, more than 20 percent of Lithuanian foreign trade consisted of trade transactions with the Russian Federation, which, despite of some fluctuations, had an overall trend to grow (increase (Bernatonytė, 2011; Slavickienė A., Jatkūnaitė D, 2006. In addition, from 2009 to 2014 Lithuania consistently increased its foreign trade (both imports and exports with the other country of the rapidly growing economic BRICS region of the world, i.e. China. On the other hand, the analysis on practical problems of the foreign trade with these particular countries which have arisen in Lithuania since 2010, justifies that most legal problems of customs regulation are caused by legal matters relating to the tariff classification of imported goods

  11. Research on the Legal Problem of Safe Haven%弃婴岛法律问题研究

    Institute of Scientific and Technical Information of China (English)

    蒋晓伟; 李彪

    2015-01-01

    Safe haven is a special facility authorized by civil affairs department and set up by the child welfare agencies for properly protecting the abandoned babies.According to related domestic and international legal rules of protecting personal rights of children,safe haven should ensure the baby's basic right about life and health,knowing life experience,and fostering.Since the safe haven is a new thing in our country,it is hard to avoid problems of one kind or another.We need to explore the regu-larity of safe haven operation and development,form rules,make laws,refer to and learn mature sys-tem of safe haven in many countries,including the west.We need timely make laws for regulating safe haven,increase resources input for normal operation in safe haven,specify the age of the baby and the conditions of admission,require mandatory provision of identity information of the abandoner;stand-ardize the specifications of baby admission and subsequent settlement procedures,and perfect related supporting system of safe haven,etc.%弃婴岛是由民政部门认可的、儿童福利机构设立、妥善保护被遗弃婴儿的专门性保护设施。根据国内、国际保护儿童人身权相关法律的规定,弃婴岛应当保障弃婴基本的生命健康权、身世知情权和受抚养权等基本权利。由于弃婴岛在中国是新生事物,难免存在这样或那样的问题。我们需要探索弃婴岛的运行和发展规律,健全完善弃婴岛规章制度,同时借鉴和学习包括西方在内的许多国家较为成熟的弃婴岛制度。我们需要适时制定弃婴岛的法规,以规范弃婴岛的运行;加大对弃婴岛的资源投入,以保障弃婴岛正常运行;明确规定弃婴的年龄和接受条件;强制弃婴者提供身份信息;规范弃婴接收及后续安置程序;完善与弃婴岛相关的配套制度等。

  12. 我国小产权房法律问题探析%On the Legal Problems of the Small Property Room

    Institute of Scientific and Technical Information of China (English)

    刘亚丽

    2012-01-01

    小产权房体现出农民财产权未得到平等保护;它和现行法律规定相冲突,购房者的权益难以得到法律保障;对小产权房进行强拆或者直接转正,或者对农村土地私有化等建议均非上策,而应该通过修改我国二元结构的土地制度和户籍制度,实现小产权房用地国有化和城乡户籍一体化,从根本上解决小产权房的法律困境。%The small property room reflects that the property right of peasants does not get equal protection.It conflicts with the current laws,and the right of buyers hardly gets legal protection.The basic way to solve legal problems of small property rooms is neither forced demolitions of the small property room,nor legal tenure,nor rural land privatization but the modification of dual land system and household register system in our country in order to nationalize small property rooms and to realize the integration of urban and rural areas.

  13. 狩猎权法律问题初探%Preliminary study on Legal Problems of hunting rights

    Institute of Scientific and Technical Information of China (English)

    刘良宏; 刘建中

    2011-01-01

    Hunting right refers to the right,made in accordance with legal procedures,of hunting non-key protected wild animals and owning them by natural or juridical persons and other organizations.There are three functions of establishing the right legally,namely the foundation of rights,ecological environment protection and the stimulation of economy.The right,which belongs to "the property right in special law" and bears characteristics of both public and private law,is limited and its setting should be realized through ways of marketing,such as auction and so on.%狩猎权是自然人、法人或其他组织依照法定程序取得,在特定狩猎场所猎捕非国家重点保护野生动物并取得猎获物所有权的权利。在法律上确立狩猎权具有权利创设、生态保护和经济激励三重功能。狩猎权属于"特别法上的物权",兼具公法和私法的双重性质,其权利的行使受到限制,权利的设定应主要采用拍卖等市场化方式。

  14. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  15. 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"

  16. Proceedings of the American Medical Association Congress on Environmental Health Problems (1st, Chicago, Illinois, May 1-2, 1964).

    Science.gov (United States)

    American Medical Association, Chicago, IL.

    Included are the proceedings of the first Congress on Environmental Health. Topics related to air pollution include the extent of human exposure, its relation to disease, evaluating effects clinically, community control and the physician's role. Topics related to pesticides include treatment of poisonings, occurrence of poisonings, safe usage, and…

  17. Workshop on borehole measurements and interpretation in scientific drilling - identification of problems and proposals for their solution: proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Cooper, D.L.; Traeger, R.K. (eds.)

    1984-03-01

    Critical instrumentation needs for borehole-oriented, geoscience research were identified in a program consisting of formal presentations, psoter sessions and a workshop. The proceedings include results of the workshops, abstracts of the papers and poster sessions, and the attendance list. Details of any of the presentations should be obtained from the individual authors. Separate entries were prepared for individual presentations.

  18. 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.

  19. Cultural Dimensions Of Legal Discourse

    Directory of Open Access Journals (Sweden)

    Sierocka Halina

    2014-09-01

    Full Text Available Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

  20. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  1. 人本理念下环境健康问题的法律思考%Legal Consideration of the Environmental Health Problems in People-oriented Concept

    Institute of Scientific and Technical Information of China (English)

    朱晓卓

    2012-01-01

    In recent years, environmental issues have become an important factor affecting human health. Analysis of environmental rights and the right of health from a legal point of view, explicit the core of the human right to the environment, and this concept is important connotation of the environmental law. We can solve the problems in purposes of environmental legislation, environmental legislation principle, the formulation of environmental standards, environmental health recommendations of the legal issues of environmental law operating and environmental health damage compensation.%近年来,环境问题已成为影响人类健康的重要因素之一.通过从法律角度对环境权和生命健康权的关系分析,明确人类的生命健康权为环境权的基础所在,而人本理念应是环境法的重要内涵.由此,从人本理念出发提出解决环境立法目的、立法原则、环境标准制订、环境法运行和环境健康损害补偿法律机制等环境健康法律问题的建议.

  2. 试论两性人法律人格的冲突与协调%The Special Problems Research about Intersexuality Legal Personality

    Institute of Scientific and Technical Information of China (English)

    赵敏洁

    2012-01-01

    两性人是一个特殊残障群体,其致畸原因极其复杂。两性人拥有两种性征,其法律人格存在冲突,对现行法律带来了极大的冲击,如何协调两性人法律人格冲突成为亟待解决的问题。从民法的基本原则中总结出了当事人意思自治、个人利益最大化和遵守公序良俗等冲突协调原则。%Intersexuality is a special disabled group, and their teratogenic reason is very complicated. Intersexuality has two kinds of sexual characteristics, its legal personality of existing laws is conflicting, there is a great shock to the existing law. Coordinating the legal personality conflicts of Intersexuality becomes problems to be solved. From the basic principles of the civil law of summarized the autonomy of the parties, personal benefit maximization and observe public order and good morals conflict coordination principle.

  3. Legally flawed, scientifically problematic, potentially harmful: The UK Psychoactive Substance Bill

    OpenAIRE

    Stevens, Alex; Fortson, Rudi; Measham, Fiona; Sumnall, Harry

    2015-01-01

    This journal has often analysed legislation in the field of drug policy. Rarely has it discussed a proposed law that has such deep problems in its legal and scientific bases. The Psychoactive Substances Bill, which is currently proceeding through the UK Parliament, will (if enacted) create a ‘blanket ban’ on the production, importation, exportation and supply of all psychoactive substances for human consumption, except for those that are specifically exempted. The Bill provides for a range of...

  4. 公安机关参与行政诉讼应注意的问题%Attentive Problems on Public Security Organs Participating in Administrative Proceedings

    Institute of Scientific and Technical Information of China (English)

    张力燕

    2012-01-01

      行政诉讼所确立保护公民、法人和其他组织的合法权益不受侵犯的目的,与公安机关的根本宗旨是完全一致的。为了确保公民、法人和其他组织的合法权益,公安行政行为必须接受人民法院的监督。熟悉和掌握行政诉讼规则对于我们依法办案、文明办案,提高办案效率和质量非常必要。本人认为,公安机关在收到人民法院送达的起诉状副本后,应从程序上充分行使诉讼权,从实体上准确把握规定,做透庭审过程细节三方面做好功课,为诉讼打下良好的基础%  Administrative proceedings are established to protect the legitimate rights of citizens, legal persons and other organizations from infringement, which is entirely in line with the basic aim of the public security organs. In order to ensure their legitimate rights, public security administrative acts must be under the supervision of the People's Court. It’s necessary to grasp and be familiar with the rules of administrative proceedings in handling cases by law and civilization, and improving the efficiency and quality of handling cases. After receiving a copy of the bill of complaint, public security organs should pave the way for litigation from using litigation rights in procedures, exactly grasping regulations in entity and mastering details in the process of court trial.

  5. Study on some teaching problems of History of China Legal Thought%《中国法律思想史》教学若干问题研究

    Institute of Scientific and Technical Information of China (English)

    潘松岭

    2011-01-01

    《中国法律思想史》课程存在定位偏低、易与法制史内容混同、忽视非正统法律思想、以现代眼光分析看待古代法律思想、教学形式简单等问题,需要提高课程定位,处理好与法制史的关系,重视非正统法律思想,客观评价中国古代法律思想,改进教学手段和方法。%There're the problems that the course of History of China Legal Thought locates a lower position.It is easy to confuse with the contents of the legal history,neglect of the unorthodox legal thoughts,analysis and size up the ancient legal thought with the modern vision.Also,its teaching form is too simple at this stage and needs to improve the course orientation,deal with the relationship of the legal history,think highly of the unorthodox legal thoughts,assess Chinese ancient legal thought objectively and make better the teaching means and methods.

  6. The problems of labor safety and health protection in construction – EU experiences and standards and legal regulations in the Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Dusan Gavanski

    2005-10-01

    Full Text Available Within the activities of the European Agency for Safety and Health at Work in 2004 a special attention was paid to the field of constructions with an accent on a one-week action “Building in Safety”. The research covered all stages of the construction process from planning to exploitation of a structure. Since in our country the new Low on safety and health at work is about to pass the procedure in the Parliament, and according to the tendency of harmonization of regulations and codes with EU countries, it is considered that it is necessary to carry out a comparative analysis of knowledge in this area in European countries and future legal measures and technical regulations in Serbia consequently. The aim of this paper is contribution to viewing the variety of problems and a unique approach to their solution in the direction of further improvement of sustainable development and humanization of working environment.

  7. Problems of administrative legal provision of observing the anti-corruption legislation by the state and municipal workers and other persons defined by law

    Directory of Open Access Journals (Sweden)

    Alexander V. Butkov

    2014-01-01

    Full Text Available Objective increasing the efficiency of administrative control over accomplishment of anticorruption legislation. Methods the dialectical method of cognition. Results basing on the evaluation of the opinions of various scholars in the field as well as on the foreign and domestic experience the measures are proposed to improve administrativelegal provision of anticorruption legislation observance. Scientific novelty current problems of application of the new anticorruption legislation are identified. The successful experience of foreign countries is analyzed concerning the organization of administrative legal provision of observing the obligation of providing information on property income and expenses by the officials. The ways of improving the administrative provision of compliance with anticorruption legislation are proposed. Practical value is manifested in the possibility to improve the system of anticorruption struggle.

  8. 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

    2013-12-01

    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 came 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 parenting by the other parent and number of overnights were considered together 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.

  9. La traduction juridique et son enseignment: aspects theoriques et pratiques (Legal Translation and Its Teaching: Theoretical and Practical Aspects).

    Science.gov (United States)

    Gemar, Jean-Claude

    1979-01-01

    Examines the constraining nature of legal language, legal terminology, the differences among legal systems, problems of documentation, and an interdisciplinary approach to legal translation, and their relationship to the teaching of legal translation. (AM)

  10. [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.

  11. 对企业国有资产相关法律问题的思考%Thinking on the Legal Problems Related to State-owned Assets

    Institute of Scientific and Technical Information of China (English)

    张樾勇

    2014-01-01

    State owned assets refer to the assets that belong to the state.Countries,as a representative of all the people's will and interests,enj oy the rights of possession,use,disposal and the management of all the state-owned assets.Enterprises owned by the whole people,ie:state-owned enterprise,whether it's a direct investment enterprise or made by the production and business operation activities,all belong to the country.The transfer of the state-owned property right mainly involves the following problems:the legal practice to conduct legal due diligence work of the target enterprise;review of the state-owned property right transaction contract;ad-ministrative confirmation of state-owned property rights transfer transaction.%国有资产是指属于国家所有的资产。国家作为全体人民意志和利益的代表,对全体人民共同所有的国有资产享有占有、使用、收益和处分的权利。全民所有制企业即国有企业,其资产不论是国家直接投入的,还是企业通过生产经营活动取得的,均属国家所有。国有产权转让主要涉及以下法律实务问题:一是就国有产权转让的标的企业开展法律尽职调查工作;二是对国有产权交易合同的审查;三是国有产权转移的行政确认事务。

  12. 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...

  13. 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

  14. 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

  15. 我国能源安全保障法律问题探析%An Analysis on Legal Problems Concerning China’s Energy Security

    Institute of Scientific and Technical Information of China (English)

    马波; 刘培良

    2015-01-01

    Energy security is an important part of the national security system,and directly affects the prospects of political, economic and social stability and sustainable development of a country. To build a complete legal system concerning energy security is an essential and important means to safeguard national security. Many developed countries have made effective explorations on how to achieve the important goals of national energy security through legislative tools,and have accumulated a series of legislative experiences. At present,there exist many problems about energy security in respects of establishment of law concept and legal system construction. Appropriate measures must be taken to solve the problems. We hold that it is undoubtedly of pragmatic meaning and in the long-term national interests to put emphasis on bilateral and multilateral interna-tional cooperation in energy security,to adopt a more active and more pragmatic diplomacy strategy for energy security and to build an energy security legal system with Chinese characteristics on the basis of the advanced legislation experiences from developed countries.%能源安全是国家安全体系的重要一环,直接影响着国家的政治、经济、社会稳定以及可持续发展的前景。构建完备的能源安全法律制度谱系,既是维护国家安全的必要手段,也是重要措施之一。通过立法工具实现保障国家能源安全的重要目标,许多发达国家都作出了有益的探索,积累了一系列较为成熟的立法经验,值得我国借鉴。当前我国能源安全保障在法制理念确立、法律体系建设以及法律制度构建等方面都存在着诸多问题,必须采取有针对性的措施予以完善。重视国际能源安全的双边与多边合作,采取更加积极务实的能源外交战略,汲取发达国家的先进立法经验,形塑具有中国特色的能源安全保障法制体系无疑是务实的,也是切合国家长远利益的不二选择。

  16. The research institutes as a form of scientific and economic State activity – the problem of their position and legal form

    Directory of Open Access Journals (Sweden)

    Małgorzata Cilak

    2015-12-01

    Full Text Available The research institutes are state-owned legal persons, created to conduct research focused on the economic use. They aren’t in public finance sector now. This might raise doubts. The article analyzes the legal status of research institutes and the character of their activities.

  17. INTRODUCTION Introduction to the conference proceeding of the Workshop on Electromagnetic Inverse ProblemsThe University of Manchester, UK, 15-18 June, 2009

    Science.gov (United States)

    Dorn, Oliver; Lionheart, Bill

    2010-11-01

    This proceeding combines selected contributions from participants of the Workshop on Electromagnetic Inverse Problems which was hosted by the University of Manchester in June 2009. The workshop was organized by the two guest editors of this conference proceeding and ran in parallel to the 10th International Conference on Electrical Impedance Tomography, which was guided by Bill Lionheart, Richard Bayford, and Eung Je Woo. Both events shared plenary talks and several selected sessions. One reason for combining these two events was the goal of bringing together scientists from various related disciplines who normally might not attend the same conferences, and to enhance discussions between these different groups. So, for example, one day of the workshop was dedicated to the broader area of geophysical inverse problems (including inverse problems in petroleum engineering), where participants from the EIT community and from the medical imaging community were also encouraged to participate, with great success. Other sessions concentrated on microwave medical imaging, on inverse scattering, or on eddy current imaging, with active feedback also from geophysically oriented scientists. Furthermore, several talks addressed such diverse topics as optical tomography, photoacoustic tomography, time reversal, or electrosensing fish. As a result of the workshop, speakers were invited to contribute extended papers to this conference proceeding. All submissions were thoroughly reviewed and, after a thoughtful revision by the authors, combined in this proceeding. The resulting set of six papers presenting the work of in total 22 authors from 5 different countries provides a very interesting overview of several of the themes which were represented at the workshop. These can be divided into two important categories, namely (i) modelling and (ii) data inversion. The first three papers of this selection, as outlined below, focus more on modelling aspects, being an essential component of

  18. 我国美沙酮门诊所面临的法律问题探讨%Legal Problems of Methadone Maintenance Treatment Clinics in China

    Institute of Scientific and Technical Information of China (English)

    孟金梅

    2015-01-01

    There are four main legal problems regarding methadone maintenance treatment clinic work in China. Methadone maintenance treatment clinics cannot meet the entry standards for such clinics and fail to comply with the legal requirements. Employees'rights of workers in such clinics cannot be fully protected. The compulsory drug rehabilitation work of the police has adverse effect on methadone maintenance treat⁃ment. Their lack psychological interventions for patients in the management of and medical services for patients in methadone maintenance clinics. Four suggestions are provided. It is needed to enhance the development of human resources in methadone maintenance treatment clinics and to im⁃prove the efficiency of staff distribution and skills of clinicians. To strengthen financial support and employment protection is crucial for ensuring the rights and interests of clinicians. Compulsory drug rehabilitation system should be reformed and sectors such as health administration, public security and judicial administration departments should introduce practical methods for effective collaboration. There is a need to enhance the training of social and psychological intervention skill for methadone maintenance treatment workers.%我国美沙酮维持治疗门诊工作存在四类主要法律问题:美沙酮门诊执业准入不够规范,不完全符合法律规定的标准;门诊工作人员的劳动权益得不到切实保护;公安部门的强制隔离戒毒工作给美沙酮维持治疗带来负面影响;患者管理与医疗服务工作缺少对患者的心理干预。建议加强美沙酮门诊人力资源建设,有效提高人员配置率和业务技能;加强资金支持和劳动保障,保护门诊工作人员的权益;改革强制隔离戒毒制度,做好卫生行政、公安与司法行政部门工作协调;加强全国美沙酮维持治疗门诊患者的社会心理干预技能培训。

  19. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  20. Ethical issues of using psychological knowledge in the proceedings of the non-procedural forms

    Directory of Open Access Journals (Sweden)

    Safuanov F.S.

    2014-12-01

    Full Text Available The article discusses the main ethical problems arising from the use of psychological knowledge in the criminal and civil proceedings in the form of non-procedural. Showing legal environment conducive to violations of ethics of psychological research reference and advisory nature: equality of the parties, the right of lawyers to draw on contractual basis to clarify issues related to the provision of legal aid. Reveals the main subjective factors of psychological research ethics violations: low level of professional competence psychologist, ignoring the principles of independence, objectivity, confidentiality. Suggests ways of overcoming the ethical issues - in the process of formation of graduate and postgraduate education of ethical competence, implementation of certain algorithms psychologist interaction with the side of a criminal or civil process - customer psychological services. It is proposed to consolidate legislation or regulations regulating certain kinds of non-procedural forms of use of psychological knowledge in the proceedings.

  1. 32 CFR 727.6 - Functions of legal assistance officers.

    Science.gov (United States)

    2010-07-01

    ... official duties in the capacity of an officer or an employee of the United States. Persons performing legal... processing courts-martial, nonjudicial punishments, administrative boards or proceedings, and...

  2. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  3. Proceedings of the workshop on hydrocarbon processing mixing and scale-up problems. [Fuels processing for fuel cells

    Energy Technology Data Exchange (ETDEWEB)

    Gabor, J. D. [ed.

    1978-01-01

    A workshop was convened by the Division of Fossil Fuel Utilization of the US Department of Energy in cooperation with the Particulate and Multiphase Process Program of the National Science Foundation to identify needs for fundamental engineering support for the design of chemical reactors for processing heavy hydrocarbon liquids. The problems associated with dispersing liquid hydrocarbons in a reacting gas and mixing within the gas phase are of primary concern. The transactions of the workshop begin with an introduction to the immediate goals of the Department of Energy. Fuel cell systems and current research and development are reviewed. Modeling of combustion and the problems of soot formation and deposits in hydrocarbon fuels are next considered. The fluid mechanics of turbulent mixing and its effect on chemical reactions are then presented. Current experimental work and process development provide an update on the present state-of-the-art.

  4. 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.

  5. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  6. 我国大学生权利法律保障问题及对策探究%The problems and countermeasures of college students' rights legal protection in China

    Institute of Scientific and Technical Information of China (English)

    潘玉萍; 潘雨婷

    2013-01-01

      China's legal confirms the rights enjoyed by the students, but there are still some deficiencies and shortcomings in the aspect of legal protection of the rights of students, and even the existence of significant deficiencies in local matters, these need to be further studied and improved. To solve the security problems of college students legal rights is a pressing matter of the moment, therefore we must guide students to establish modern legal consciousness, strengthen the legal consciousness, improve the students' ability of safeguarding rights, improve the relevant laws and regulations of higher education, establish perfect judicial relief system to provide legal protection for the student rights.%  我国法律确认学生所享有的各项权利,但在对学生权利的法律保障方面,还存在一定的缺陷和不足,甚至在局部问题上存在重大的缺陷,这些都有待于进一步的研究和改善。解决大学生法律权利保障问题已是当务之急,因此必须引导大学生树立现代法律意识,增强法律意识,提高学生维权能力,完善高等教育的相关法律法规,建立完备的司法救济体系为学生维权提供法律保障。

  7. 我国物流市场准入法律制度存在的问题及完善%Market Access Problems of the Legal System of Logistics in China and Its Perfection

    Institute of Scientific and Technical Information of China (English)

    刘亚梅

    2014-01-01

    China’s logistics industry development is quick ,but logistics related legal regulations is not sound ,especially in market access legal system exists legal effectiveness level is lower ,and legal reg-ulations provides more chaos ,and logistics market access conditions wide Yen not align ,and on logistics enterprise regulatory intensity is enough ,problem led to logistics market chaos ,and not specification , perfect logistics market access legal system ,improve logistics market access legislation levels ,and unified logistics market access legal system , and perfect logistics market access conditions provides , and strengthened logistics market regulatory intensity ,To promote the orderly development of China ’s logis-tics market ,plays a crucial role .%我国物流业发展迅速,但物流相关法律法规不健全,尤其是在市场准入法律制度上存在法律效力层级较低、法律法规规定较为混乱、物流市场准入条件宽严不齐、对物流企业监管力度不够等问题,导致物流市场混乱、不规范,完善物流市场准入法律制度,提高物流市场准入立法层次、统一物流市场准入法律制度、完善物流市场准入条件规定、加强物流市场监管力度,对促进我国物流市场规范、有序发展起到至关重要的作用。

  8. Supersymmetry: proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Brennan, E.C. (ed.)

    1985-07-01

    Some lectures in these proceedings examine the theoretical basis for supersymmetry, recent developments in theories with compact dimensions, and experimental searches for supersymmetric signatures. Technologies are explored for obtaining very high energy electron-positron colliding beams. Separate abstracts were prepared for 35 papers in these conference proceedings. (LEW)

  9. Conference Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Colman, B. [ed.

    1998-06-01

    Invited reviews and contributed papers comprise the Proceedings of the 3. International Symposium on Inorganic Carbon Acquisition by Aquatic Photosynthetic Organisms, held on the campus of the University of British Columbia from 28. July to 1. August 1998. The symposium was attended by 70 participants from Australia, Canada, Israel, Japan, the United States, and several western European countries, to discuss the unique problems of microorganisms in aquatic environments, particularly in the acquisition of inorganic carbon to support photosynthesis. It is known that aquatic microorganisms must obtain inorganic carbon from a medium where dissolved carbon dioxide is often present in limiting concentrations. Despite these limitations, evidence is widely available to show that aquatic plants can build up high intracellular concentrations of inorganic carbon under carbon-limited conditions that enable these plants to reduce or suppress photorespiration, a major source of carbon dioxide in C{sub 3} plants growing under carbon-limiting conditions. This active accumulation of carbon has been described as a carbon dioxide concentration mechanism (CCM). Papers at this symposium document advances in the physiology of inorganic carbon transport systems and their regulation in green algae, especially cyanobacteria, mechanisms of carbon acquisition, and ecological implications of CCMs and their role in the global carbon cycle.

  10. PROBLEMS OF SPONDYLOARTHRITIS IN THE PROCEEDINGS OF THE EULAR-2013 CONGRESS (MADRID, 12–15 JUNE 2013

    Directory of Open Access Journals (Sweden)

    Sh. F. Erdes

    2014-01-01

    Full Text Available The EULAR-2013 Congress took place in Madrid on 12–15 June 2013. The problem of spondyloarthritis (SA was one of the significant aspects at this scientific forum. It should be primarily pointed out that the congress presented a T2T (treat-to-target initiative to treat this disease. According to this concept, the main goal of SA therapy, as that for rheumatoid arthritis, is remission or low activity although there is no clear definition of these conditions in SA. A con- siderable amount of time was devoted to the results of recent SA pathogenesis investigations, including the role of interleukin 23. Discussions around the proposed SA classification concerning the criteria for mainly axial and periph- eral SAs and their clinical variety did not cease either. Reports on already well-known and novel treatment options and their efficiency during long term follow up held a prominent position at the congress. 

  11. 我国专车服务存在的问题及法律规制%THE PROBLEMS AND LEGAL REGULATIONS CONCERNING THE LIMOUSINE SERVICE IN CHINA

    Institute of Scientific and Technical Information of China (English)

    房雨璇

    2016-01-01

    随着我国各类专车软件的出现,专车服务逐渐兴起并在市场中占据一席之地,影响着公众的生活,但是由于缺乏具体的法律规制,对于专车服务的合法性以及运营模式一直存在争议。在当前互联网+的大背景下,为了实现共享经济,充分挖掘出租汽车客运服务的潜力,2016年7月28日,交通部联合工信部等七个部门正式颁布《网络预约出租汽车经营服务管理暂行办法》,对专车服务的各项内容进行具体的法律规制,具有重大的意义。从专车服务的概念及运营模式入手,分析其在运行中存在的问题,并结合美国对于Uber的规制办法对我国专车服务法律规制的完善提出建议。%With the emergence of various types of limousine software in China,limousine service has been gradually on the rise and occupied a place in the market,affecting the public life.But due to the lack of specif-ic laws and regulations,there has been controversy about the legitimacy and operation mode of limousine serv-ice.In the current Internet +background,in order to achieve shared economy and fully tap the potential of taxi passenger service,the Ministry of Communications and seven other departments such as the Ministry of In-dustry &Information jointly promulgated Interim Measures for the Administration of Network Booking Taxi Op-eration Services officially on July 28,2016,establishing specific laws and regulations involving the contents of limousine service,which is of great significance.The paper starts from the concept of limousine service and its operation mode,analyzes the problems existing in the operation and puts forward suggestions on improving the legal regulations on limousine service in China via using for reference the regulating measures of the United States for Uber.

  12. Study on the Problem of the Prevention and Control of Municipal Refuse Pollution to Enviroment and Legal Contermeasure%我国城市生活垃圾治理中存在的问题及法律对策

    Institute of Scientific and Technical Information of China (English)

    王彬辉

    2001-01-01

    The paper analyzed the problem of the prevention and control of municipal refuse pollution to enviroment in our country now ,and in order to attach legislative importance to the problem ,put forward the legal countermeasure.%我国城市生活垃圾的治理不仅在立法上而且在执法中都存在有诸多问题。借鉴海外经验,修改并完善立法,同时强化对垃圾处理,并实现管理的法制化,是需采取的必要措施。

  13. 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)

  14. Grid connection of wind farms in Poland. Problems of practical implementation; Netzanschluss von Windparks in Polen. Probleme der praktischen Umsetzung

    Energy Technology Data Exchange (ETDEWEB)

    Krawczyk, Joanna [Anwaltskanzlei bnt Neupert, Zamorska and Partnerzy s.c., Warsaw (Poland); Neupert, Martin [Anwaltskanzlei bnt Neupert, Zamorska and Partnerzy s.c., Warsaw (Poland); bnt Rechtsanwaelte GbR, Nuernberg (Germany)

    2010-08-15

    In the process of developing ideal locations for wind farms in Poland primarily capacities of the Polish grid have to be considered. Other factors, as environmental issues, wind speed and migration routes of different bird species are issues of minor importance in Poland. In the following you will learn how to obtain grid connection for wind farms in Poland, how to avoid typical problems and what are the differences in the proceedings compared to legal provisions in Germany. (orig.)

  15. The moral legalization analysis in our country

    Institute of Scientific and Technical Information of China (English)

    解小平

    2013-01-01

    the moral legalization is a controversial topic, but the proper moral legalization has become a consensus. China Is in the period of social transition , the moral anomie problem has become the wounds of the state and society, through analyzing the problems existing in the moral legalization at the present stage,.proposed to fol ow the tradition and reality, try to find the ethics which is suitable for our country, The cycle of the legislation, law enforcement and judicial wil help the moral legalization, so as to create a more harmonious society.

  16. PROBLEMS OF PRAVOSUB'EKTNOSTI OF AGRICULTURAL COOPERATIVES

    Directory of Open Access Journals (Sweden)

    Novoselov A. V.

    2016-06-01

    Full Text Available In this article the legal capacity and capacity of agricultural cooperatives fixed by the existing civil legislation of the Russian Federation, and also the international acts is considered. The concept and the maintenance of right subjectivity of legal entities in relation to such special look as agricultural production and agricultural consumer cooperatives is analyzed. The main essential differences in legal status and the maintenance of legal capacity of agricultural production and agricultural consumer cooperatives on the basis of the analysis of the agricultural cooperative legislation, law-enforcement practice and the existing points of view of various authors (scientists-lawyers are determined by this perspective in scientific literature. Proceeding from the detailed historical analysis cooperative legislative (both Russian, and international, and also the operating standard establishments, scientific views logical conclusions are drawn on lack of essential differences in legal status of agricultural production and agricultural consumer cooperatives. Besides, the reasoned conclusions are drawn on special legal status of agricultural cooperatives in system of legal entities and on shortcomings of the existing Russian civil legislation defining the bases for classification of legal entities and establishing their legal status. For the purpose of improvement and solution of problems of right subjectivity of agricultural cooperatives a number of measures of legislative character which are able to afford not only to allocate, isolate especially agricultural cooperatives from other organizational and legal forms of legal entities is offered, but also to make them the independent subjects of business activity possessing specific inherent only it right subjectivity that will allow to give them the special status and to increase their appeal and efficiency for the purpose of revival of agricultural branch of economy of Russia

  17. On Problem of Legal Supervision of Micro-Credit Company%论小额贷款公司的法律监管

    Institute of Scientific and Technical Information of China (English)

    陈世如

    2012-01-01

    以2008年《关于小额贷款公司试点的指导意见》为主要线索,探讨小额贷款公司在法律监管主体、法律监管内容以及法律监管处罚权方面存在的缺陷,提出完善措施,以期对小额贷款公司法律监管有所裨益。%The defects in the main body,the contents as well as punishment power of legal supervision of micro-credit company are discussed on the basis of Micro-Credit Company Pilot Guidance in 2008.Some measures are proposed in order to benefit the legal supervision of micro-credit company.

  18. Legal Comments.

    Science.gov (United States)

    Hankins, Grover G.

    1985-01-01

    The crux of the problem addressed by the concept of comparable worth is sex and race discrimination in employment. Aggressive enforcement of Title VII and the Equal Pay Act to ensure equal employment opportunities and pay equity is the only way of combatting the problem. (Author)

  19. 浅议特许经营的几个法律问题%Discussion on several legal problems of franchise

    Institute of Scientific and Technical Information of China (English)

    王爱群

    2012-01-01

      近年来,我国特许经营发展迅速,在服务民生、促进消费、拉动民间投资、带动就业等方面起了重要作用。但是,特许经营作为逐渐兴起的一种新的经营方式,它的出现对传统的民商法理论造成了冲击。结合特许经营的特点,分析了特许经营的外部法律关系和内部法律关系、特许人与受许人的关系、特许经营权的法律性质等问题。%  In recent years,the rapid development of franchise in China,in the service of the people's livelihood,promoting consump-tion,stimulating private investment,employment has played an important role.However,the franchise as the gradual emergence of a new mode of operation,the emergence of the traditional theory of civil law has caused shock.Combined with the characteristics of the franchise,franchising legal relations and internal legal relations,the franchisor and franchisee relations,franchising nature of the legal issues such as.

  20. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  1. Digital Audio Legal Recorder

    Data.gov (United States)

    Department of Transportation — The Digital Audio Legal Recorder (DALR) provides the legal recording capability between air traffic controllers, pilots and ground-based air traffic control TRACONs...

  2. Legal education as a national in the country in the modern Russian society

    OpenAIRE

    Аdaeva O.; Kopteva K.

    2017-01-01

    The article is devoted to problems of categorical apparatus of legal education. Examines different points of view of authors on the definition of the concept of legal education. Covers the problematic issues regarding the content, forms and means of legal education. The following is the analysis of normative–legal base in the sphere of legal education. Is the idea of the necessity of improving the state policy in the field of legal education and legal culture.

  3. Nuclear power sources in outer space. [spacecraft propulsion legal aspects

    Science.gov (United States)

    Hosenball, S. N.

    1978-01-01

    Legal problems associated with nuclear power sources in space are discussed with particular reference to the Cosmos 954 incident. Deliberations of the Legal and Scientific and Technical Subcommittees on the Peaceful Uses of Outer Space on this subject are discussed.

  4. 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.

  5. Intergas `95: International unconventional gas symposium. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-07-01

    The International Unconventional Gas Symposium was held on May 14--20, 1995 in Tuscaloosa, Alabama where 52 reports were presented. These reports are grouped in this proceedings under: geology and resources; mine degasification and safety; international developments; reservoir characterization/coal science; and environmental/legal and regulatory. Each report has been processed separately for inclusion in the Energy Science and Technology Database.

  6. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

    are obli-gated by law (article 96 of the Non-contentious Procedure Law, has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.

  7. Legal English and Adapted Legal Texts

    Directory of Open Access Journals (Sweden)

    Alvyda Liuolienė

    2012-06-01

    Full Text Available The article aims at analysing the significance of authentic legal English text and adapted legal texts in ESP classes. The authors point out the advantages and disadvantages of legal texts and analyse the possibilities of their efficient application in the teaching process. At the initial stage of teaching English legalese, materials prepared specially for teaching purposes in textbooks seem to be more appropriate as they are adapted for a particular level for law students whereas in more advanced levels, authentic texts in a legal English classroom can more considerably contribute to the learning experience. The usage of both legal authentic materials and adapted legal texts have tangible impact on mastering legal English.

  8. An instructional environment for learning to construct a legal case description: e-See

    NARCIS (Netherlands)

    Muntjewerff, A.J.; DeTombe, D.J.

    2007-01-01

    Law students experience difficulties in acquiring legal knowledge and in applying legal knowledge when performing a legal task. To support law students in acquiring legal knowledge and legal problem solving skills we develop e-materials for learning the law. In this paper we first describe the

  9. An instructional environment for learning to construct a legal case description: e-See

    NARCIS (Netherlands)

    Muntjewerff, A.J.; DeTombe, D.J.

    2007-01-01

    Law students experience difficulties in acquiring legal knowledge and in applying legal knowledge when performing a legal task. To support law students in acquiring legal knowledge and legal problem solving skills we develop e-materials for learning the law. In this paper we first describe the gener

  10. 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....

  11. «A REWARD FOR VIRTUE, AND A PENANCE FOR INIQUITY»: THE PROBLEMS OF FUNCTIONING OF THE LEGAL POLITICAL LANGUAGE IN XVIII CENTURY RUSSIAN PUBLIC THOUGHT

    Directory of Open Access Journals (Sweden)

    Konstantin D. BUGROV

    2016-01-01

    Full Text Available The paper deals with the issue of functioning of the legal political language in Russian public thought of XVIII century. The author demonstrates that for XVIII century Russian elites legal categories were inferior in comparison with the moral categories of the political analysis. The Russian political culture was dominated by the court communication sphere with panegyric, manifesto and report as its main genres and therefore was not sensitive to the theories of natural law and contractualism, staying closer to moralism of Leibniz rather than natural law jurisprudence of Pufendorf. However, in Russia the court political discourse also embraced the idea of miracle, a direct intervention of Providence into the political life, which reflected in the legitimation of several palace coups. The court elites were treating the law as a classification of administrative regulations and the necessity of punishing the vices and rewarding the virtues, just as Godly justice did. In turn, the growing public sphere also had little interest in the juridical glossaries, preferring to debate the moral, historical and economic texts. The author concludes that the weakness of the juridical doctrines in XVIII century Russia was conditioned by the specifics of Russian political system.

  12. Legal Problems and Risk Precaution of Integrated Peasonal Wealth Management Business of Commercial Banks%银行个人综合理财业务法律问题与风险防控

    Institute of Scientific and Technical Information of China (English)

    李江鸿; 沙金

    2011-01-01

    Integrated personal wealth management is becoming more and more important in the whole bank's bussiness, and banks need to pay more attention to its legal problems, legal risks and compliance risks. In order to precisely identify the relationship between banks which provide such service and investors, the paper classifies the types of integrated personal wealth management, and analyses them from two angles of interpretation and value. The business's legal risks may arise from compliance risks, consumer protection issues and derivatives transactions. In various operation patterns, wealth management based on trust will face some common legal risks, and different trust modes may result in their own speical legal risks. Compliance risks in the bussiness mainly occur in the fields of customer relationship, products management, internal control management and investment management, and banks should pay special attention to the compliance risks in overseas wealth management and cooperation between bank and trust.%个人综合理财在国内银行业务中的重要性日渐突出,其法律问题和法律、合规风险亟待关注。为准确界定综合理财业务的提供银行与投资者之间关系,应区分综合理财业务的类别,并从解释论和价值论两种角度分析。个人综合理财业务存在合规风险引发的法律风险、消费者保护方面的法律风险和衍生产品交易方面的法律风险,在其具体运作模式中也会产生信托理财的一般法律风险、不同信托模式的特殊法律风险等。银行在理财业务中的合规风险则主要体现在客户关系、产品管理、内控管理以及投资管理等领域,并须特别关注银信合作、境外理财等专门领域合规风险。

  13. 第三方物流服务合同中的法律问题研究%Study on Legal Problems in TPL Service Contracts

    Institute of Scientific and Technical Information of China (English)

    魏博洋; 张严冰

    2013-01-01

    In this paper,with the TPL service contract as the subject of this study,we analyzed the legal relationship,performance risk and insurance system involved as well as the breach liability system,etc.,in a bid to promote better development of third party logistics in China.%第三方物流服务行业涉及的范围广、服务周期长,因此产生的法律纠纷较多,以第三方物流服务合同为研究对象,分析合同中涉及的法律关系、履行中的风险与保险制度,以及违约责任追究制度等法律问题,旨在促进第三方物流的健康发展.

  14. Inmate Involvement in Prison Legal Services: Roles and Training Options for the Inmate as Paralegal.

    Science.gov (United States)

    Statsky, William P.

    An introduction to the role of the paralegal in the free world, the inmate as paralegal, legal service needs, and program planning are included along with guidelines for the training of inmates as paralegals. Paralegal services, legal problems, and legal services are extensively defined. The legal problems of inmates and methods of providing legal…

  15. 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....

  16. School Counselors and Consultants: Legal Duties and Liabilities.

    Science.gov (United States)

    McCarthy, Martha M.; Sorenson, Gail Paulus

    1993-01-01

    Provides overview of legal issues and problems salient to school counselors who provide direct services to students or indirect services through consultation. Among legal issues addressed are privacy, confidentiality, and privilege. Also covered are legal duties pertaining to handling student records, conducting research, reporting child abuse,…

  17. 网络购物中第三方物流存在的问题及法律应对%Legal Response for Problems Existing in TPL Market in Online Shopping Environment

    Institute of Scientific and Technical Information of China (English)

    鲁礼炎

    2015-01-01

    In this paper, we analyzed the problems in the TPL process during online shopping, and then proposed the corresponding legal countermeasures, such as clarifying the legal nature of the TPL contract, improving the regulations on the jurisdiction over the TPL-related cases in online shopping, and determining the liabilities of the TPL providers in online shopping.%分析网络购物中第三方物流存在的诸多问题,并提出了法律应对措施:明确网络购物中第三方物流合同的法律性质,完善网络购物中第三方物流诉讼管辖权相关规定,完善网络购物中对第三方物流的监督,明确网络购物中第三方物流的法律责任。

  18. The allocation of the burden of proof in mixed disputes in legal and non-legal contexts

    NARCIS (Netherlands)

    Feteris, E.T.

    2010-01-01

    In this paper the problems pertaining to the allocation of the burden of proof in mixed disputes in legal and non-legal contexts are addressed. First the traditional view on the allocation of the burden of proof based on Whately’s legal conception of ‘presumption’ is discussed. Whately’s proposal is

  19. “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。

  20. 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.

  1. Legal aspects of transferring some state powers to municipal administration

    OpenAIRE

    Kuznetsov, S.

    2011-01-01

    The article analyzes legal aspects of transferring some state powers to municipal administration; reveals problems arising during this process in some regions; draws conclusions on the topic concerned.

  2. 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

  3. 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...

  4. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  5. Managing bond proceeds improves financial performance.

    Science.gov (United States)

    Mates, W J

    1989-04-01

    Healthcare organizations must actively manage tax-exempt bond proceeds after they are initially invested at the time of financing or refinancing. The Tax Reform Act of 1986 imposes serious penalties on issuers who fail to comply with its complex requirements. An active program of bond proceeds management enables organizations to avoid this pitfall and take advantage of legal investment opportunities. Such a program must start with a set of clear guidelines on permitted investments, target rates of return, acceptable levels of risk, and liquidity requirements.

  6. Legally high? Legal considerations of Salvia divinorum.

    Science.gov (United States)

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  7. Digital sustainable publication of legacy parliamentary proceedings

    NARCIS (Netherlands)

    Marx, M.; Aders, N.; Schuth, A.

    2010-01-01

    We address the problem of publishing parliamentary proceedings in a digital sustainable manner. We give an extensive requirements analysis, and based on that propose a uniform XML format. We evaluated our approach by collecting and automatically processing proceedings from six parliaments spanning

  8. Digital sustainable publication of legacy parliamentary proceedings

    NARCIS (Netherlands)

    Marx, M.; Aders, N.; Schuth, A.

    2010-01-01

    We address the problem of publishing parliamentary proceedings in a digital sustainable manner. We give an extensive requirements analysis, and based on that propose a uniform XML format. We evaluated our approach by collecting and automatically processing proceedings from six parliaments spanning a

  9. Problems

    Directory of Open Access Journals (Sweden)

    Yekini Shehu

    2010-01-01

    real Banach space which is also uniformly smooth using the properties of generalized f-projection operator. Using this result, we discuss strong convergence theorem concerning general H-monotone mappings and system of generalized mixed equilibrium problems in Banach spaces. Our results extend many known recent results in the literature.

  10. 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

  11. A more coherent European wide legal language

    Directory of Open Access Journals (Sweden)

    Viola Heutger

    2004-03-01

    Full Text Available In this paper I would like to elaborate on the interaction between law and language. The use of the different (legal languages of the European Union Member States is one of the most practical and most difficult problems in the process of European integration. The linguistic matters are directly contacting all legal issues. In February 2003 the Commission launched an Action Plan on a more coherent European Contract Law. With this Action Plan a sector specific approach of legal and linguistic harmonization will start. On of the official aims will be the preparation of a common frame of reference, providing a pan-European terminology and rules. This contribution will reflect the need of a better and more coherent legal language use on a European Union level and describe a more concept-based approach of linguistic legal integration.

  12. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...

  13. 'Rome was not built in a day'. Legal Sources and Reuse in roman times (I century BC - VI century AD

    Directory of Open Access Journals (Sweden)

    Yuri A. Marano

    2014-07-01

    Full Text Available The number and complexities of the legal texts from the Roman world far surpass anything we have from other ancient societies, and this huge body of evidence allows chance to investigate how Roman jurists wished to regulate public and private construction activity. In particular, this paper aims at exploring how Roman authorities coped with salvage and reuse of buildings materials, focussing on the economic and organizational aspects of this practice. Proceeding chronologically and exploiting legal texts, literary and epigraphic sources and archaeology as complementary evidence, it will demonstrate how recycling has been an important feature of Roman building industry through the Republican and Imperial periods as a source of cheap building materials and a solution to problems related to the recycling and disposal of urban waste. At the same time, reuse will be considered as a crucial aspect of the general Imperial policy of exercising control over civic finances and patrimony.

  14. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse.

  15. Financing Problems of the Specialized Farmers Cooperatives and Legal Solutions%农民专业合作社融资问题及法律应对

    Institute of Scientific and Technical Information of China (English)

    向超; 刘妍妍; 梁进

    2014-01-01

    The financing problem has hindered the development of specialized farmers cooperatives. At present,the farmer cooperatives not only have difficulty in external financing,but also lack the ability to solve the shortage of funds by themselves. The vague value orientation of the farmers cooperatives,which leads to a series of management problems in systems of democ-racy in management,unrestricted withdrawal,tight membership qualification requirements and distribution of profits,is the fundamental reason of the financing problems. Therefore,we suggest that such problems be solved by clearly defining the rela-tionship between social value and economic value of the cooperatives according to the principles of corporate governance. The measures may include harmonizing personnel and finance resources,restricting withdrawal,relaxing membership qualification requirements,and modifying distribution system. Only when the financing problems faced by farmer cooperatives are solved, effective protection for its development can be provided.%融资问题一直阻碍着农民专业合作社的发展。农民专业合作社不仅获取非财政性外源融资难度较大,而且从内部自行解决资金短缺的能力也十分有限。农民专业合作社的价值定位模糊,进而导致包括民主管理、出入社自由、社员资格、盈余分配在内的一系列自身制度问题,这是农民专业合作社融资难问题的根本原因。在明晰农民专业合作社社会价值与经济价值之间关系的基础上,参考公司制治理原则修正上述制度,使“人和”与“资和”相结合,限制出入社自由,适当放宽入社组织的资格条件,同时完善盈余分配制度。只有解决好农民专业合作社面临的融资问题,才能从根本上为其发展提供有效的保障。

  16. Legal aspects of end-of-life decisions in Italy: the penal relevance of the limitation of treatment in the terminally ill and the problem of causality by omission. The legal puzzle of end-of-life care in Italy: is therapeutic limitation in the terminally ill patients a crime of omission liable to prosecution?

    Science.gov (United States)

    Fabris, E P; Piccinni, M

    2008-01-01

    The interruption of life support poses different problems for he who interrogates himself regarding the possible juridical role of omissible behaviour or activities by part of the physician when dealing with end-of-life interventions within the boundary of life and death. The present contribution proposes to trace the coordinates necessary to answer the main query regarding the obligations which may be incumbent on the physician. For this reason, the necessity to interpret the legal sanctions in a technical key is highlighted. This is performed in sight of a progressive and inevitable adaptation to problems which are the result of a social evolution, and to the conception of values which constitute an object responsibility, as renewed by the constitution. The laws that discipline crimes against life and individual integrity must be interpreted while keeping in mind that the objective of maintaining the patient in life must be integrated with the control of suffering and the guarantee of a dignified death. When identifying the principles which have to inspire the decisions during 'borderline or boundary situations', it is highlighted the way the physician has to resort to a just equilibrium between benefit, which can be reasonably expected, and sacrifice, which should be imposed, taking into consideration the criteria of good clinical practice, among which attention to the patient's will must be taken into consideration.

  17. 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

  18. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

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

  19. Qinghai Lake Watershed Wetland Environmental Protection Problems and Legal Advice%青海湖流域湿地环境保护问题及法律建议

    Institute of Scientific and Technical Information of China (English)

    陈娟; 张璐璐

    2015-01-01

    Qinghai lake environment in watershed wetland functions significantly in regulating climate , water conservation ,biodiversity conservation ,and other ecological functions ,on the Qinghai -tibet plat‐eau ecological environment security and regional sustainable development is of great significance .The in the development and protection of Qinghai lake watershed wetland process ,which on the one hand promoted the local wetland environment recovery ,broadening the channels for the local farming income ,on the oth‐er hand ,there are still some problems ,Such as tourism resource development caused by environmental pol‐lution ,ecological destruction in the process of the wetland conservation and protection of the rights and in‐terests of farmers and herdsmen and lack of the guarantee of legal system .,therefore ,we should be the qinghai lake watershed wetland protection legal system ,improving the system of public participation ,es‐tablishing the mechanism of ecological tourism ,consolidate the grazing fields and other wetland ecological restoration project results ,establishing the wetland ecological benefit compensation mechanism ,establish and perfect the system of basic rights and interests safeguard farmers and herdsmen .%青海湖流域湿地环境具有多种生态功能,对青藏高原生态环境安全和区域可持续发展具有重要意义。在对其开发和保护的过程中存在诸多问题,如旅游资源开发导致的环境污染、生态破坏以及湿地保护过程中农牧民权益保护缺失等。因此,应当健全相关制度,建立长期有效的湿地保护机制。

  20. Science and judicial proceedings--seventy-six years on.

    Science.gov (United States)

    French, Robert

    2009-10-01

    The intersection of law and science, particularly in relation to causality and the legal concept of causation, were of considerable interest to Sir Owen Dixon. In this article, revisiting Dixon's 1933 lecture "Science and Judicial Proceedings", the Chief Justice refers to Dixon's deep interest in science and the issues to which it can give rise in legal proceedings. The 1933 lecture followed shortly after the judgment of the High Court in Australian Knitting Mills Ltd v Grant (1933) 50 CLR 387 which involved consideration of expert testimony and causal connections between product characteristics and personal injury to the consumer.

  1. 农民工问题及其解决的法律路径%The Problems of Rural Migrant Workers and Its Legal Solutions

    Institute of Scientific and Technical Information of China (English)

    王少青

    2011-01-01

    Migrant workers should not be disadvantaged. The state should give them equal citizenship rights. Problems of migrant workers have a variety of reasons, China's household registration system is the main reason, and migrant workers have suffered social injustice. Migran to changes in interest caused by the social contradictions migrant workers, we should perfect our lethal system which t Workers in China's social transformation process due and social conflicts. In order to solve the problems of is based on the rule of law%农民工不应是弱势群体,国家应当赋予他们平等的公民权。农民工问题。是在我国社会转型过程中由于利益关系的改变而引起的社会矛盾和社会冲突。农民工问题的产生有多种原因,我国的户籍制度是主因,农民工问题根源在于社会方面的某些不公正。在法治的背景下,依据法治的精神完善我国相关法律制度,是解决农民工问题的重要途径。

  2. Legal aspects and conflicts in the context of offshore wind power plant licensing in the exclusive economic zone; Rechtliche Probleme der Zulassung von Windkraftanlagen in der ausschliesslichen Wirtschaftszone (AWZ)

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S. [Rechtsanwaltskanzlei Schmidt-Wottrich, Jungnickel und Partner, Berlin (Germany)

    2001-11-01

    The analysis presented discusses in depth the existing German laws, regulations and legal instruments, including constitutional case law, as well as European Directives and rulings of the European Court of Justice, which are to be observed in the context of planning and licensing of offshore wind power plants, in particular in the exclusive economic zone. The author elaborates on deficits in the system of applicable German law, incompatibility aspects with European law, and resulting problems. The conclusions to be considered by the German legislator are explained, and the author presents his recommendations in a list of ten items, addressing aspects of amendment and consolidation of existing German law, and harmonisation with European law. (orig./CB) [German] Diese Analyse untersucht alle nationalen und internationalen Rechtsgrundlagen und Instrumentarien, sowie Anforderungen und Bedingungen, die sich aus Gerichtsentscheidungen des Bundesverfassungsgerichts und des Europaeischen Gerichtshofes ergeben, die bei der Genehmigung von Windkraftanlagen in Kuestengewaessern und in der ausschliesslichen Wirtschaftszone (AWZ) beachtet werden muessen. Der rechtlich wichtigste Bereich ist die AWZ, der ausfuehrlich behandelt wird. Es werden Defizite im deutschen Recht aufgezeigt, Unvereinbarkeiten mit europaeischem Recht und daraus resultierende Probleme. In der Schlussfolgerung wird empfohlen, die deutschen rechtlichen Bestimmungen neu zu ordnen. Eine entsprechende Ausgestaltung wird anhand von 10 konkreten Ansatzpunkten erlaeutert. (orig./CB)

  3. Recent Developments in Legal Linguistics in Russia and Ukraine

    Directory of Open Access Journals (Sweden)

    Лиана Голетиани

    2012-01-01

    Full Text Available The paper examines the development – in both Russia and Ukraine – of legal linguistics , which has become more widespread in both countries over the past 15 years. It includes today any areas – legal stylistics, forensic phonetics, legal translation, legal terminology, understanding the language of legislation, the history of legal language, speech in the courtroom etc. The author presents the various publications and the most influential schools of this interdisciplinary field of research. The main lines of development of linguistic approaches are discussed in relation to the needs of Russian and Ukrainian legislation and justice. Particular attention is paid to the problems not yet addressed in current literature.

  4. The criminal legal aid in China

    Directory of Open Access Journals (Sweden)

    Long Changhai

    2017-01-01

    Full Text Available УДК 347.965The subject of the article is the criminal legal aid in China.The main goal of this work is to introduce the current state of legal aid in criminal cases in China to Russian scholars and legal professionals.Results. Criminal Legal Aid in China appeared relatively recently, and in the last years of its operation was marked by a number of achievements and some problems. Legal assistance in criminal cases is an integral part of the institute of legal aid in China and plays an invalu-able role in ensuring due process, maintaining the balance between prosecution and de-fense, as well as in guaranteeing human rights. This study contains a general description of the current state of criminal legal aid in China, highlights inherent problems of this institu-tion and describes prospects of its development. This work is based on the Criminal Proce-dure Code of the PRC in version of 2013 year, and provides analysis of the Russian and Chi-nese special literature, Chinese law and practice, as well as the official Chinese statistics. The scope of legal assistance in criminal cases is extremely narrow, the funding is not enough, and the quality leaves much to be desired. These and other shortcomings already have become obstacles to the development of the Chinese criminal procedure law. Despite of a number of changes to the legal regulation of the institute in the 2013 edition of the PRC Criminal Procedure Code, a number of issues remained unresolved.Conclusions. The existing difficulties can be overcame by expanding the scope of legal aid, increase in funding and introduction of public defenders. To increase funding in the budgets proposed to establish minimum public funding of legal aid, to attract non-governmental and international funding, to strengthen control and to ensure openness and transparency of spending. To improve the quality of legal aid PRC government should rise up compensations for lawyers, introduce the institution of public

  5. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  6. 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.

  7. Collaborative Problem-Solving Environments; Proceedings for the Workshop CPSEs for Scientific Research, San Diego, California, June 20 to July 1, 1999

    Energy Technology Data Exchange (ETDEWEB)

    Chin, George

    1999-01-11

    A workshop on collaborative problem-solving environments (CPSEs) was held June 29 through July 1, 1999, in San Diego, California. The workshop was sponsored by the U.S. Department of Energy and the High Performance Network Applications Team of the Large Scale Networking Working Group. The workshop brought together researchers and developers from industry, academia, and government to identify, define, and discuss future directions in collaboration and problem-solving technologies in support of scientific research.

  8. The Francis Report--dento-legal implications.

    Science.gov (United States)

    Foster, Martin

    2015-05-01

    This article explores the potential implications of the Francis Report for members of the dental team from a dento-legal perspective. It looks at the broad recommendations in light of the existing ethical environment in which dental registrants work and asks what is new and what the recommendations will actually mean for dental professionals in practical terms. Clinical Relevance: The fundamental recommendations of the Francis Report, namely, that those who provide care should put patients' interests first and be open about outcomes and performance, are not new concepts. A breach of these ethically based expectations may, however, create grounds for legal proceedings, which is clearly a significant point for all members of the dental team. It is therefore important to be aware of what is expected of those providing clinical care.

  9. Legal responsibility and accountability.

    Science.gov (United States)

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance.

  10. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  11. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  12. Underbanked: Cooperative Banking as a Potential Solution to the Marijuana-Banking Problem.

    Science.gov (United States)

    Tighe, Patrick A

    2016-01-01

    Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this "underbanking" problem is a financial cooperative approach such as a cannabis-only financial cooperative. Even in light of federal anti-money laundering laws, this Note contends that the Federal Reserve is legally authorized to grant some cannabis-only financial cooperatives access to its payment system services under the Monetary Control Act of 1980.

  13. Objectification of Value Judgement ---Solving the Fundamental Problem of Legal Methodology%价值判断的客观化——对法律方法论根本难题之破解

    Institute of Scientific and Technical Information of China (English)

    李可

    2012-01-01

    Objection of value judgment is a fundamental problem in legal methodology. The objectivity of value judgment is essentially a predictability problem of judgment, thus revealing the prelude to seek an objective judgment standard of that. These approaches such as positivism and individual - case have their own advantages and disadvantages which must be arranged and coordinated under the principle of "suit for individual case". Thus it also reveals the factors such as culture, procedure, norm and fact which are beneficial to the objectification of value judgment and can be also integrated into a mechanism for the foregoing purposes under the guidance of "judicial purpose".]%可以说,价值判断之客观化是法律方法论上的一个根本难题。价值判断的客观性在本质上是一个判决的可预期性问题,由此揭开了人们探寻一个客观的判断标准之序幕。实证主义、本质主义和个案主义等进路各有优劣,必须在“适合个案”原则的指导下予以安排和协调。由是亦揭示了诸如文化、程序、规范和事实等有利于价值判断之客观化的因素,在“司法目的”的指引下亦可整合达成前述目的之机制。

  14. 食品安全自媒体监督:现状、问题及其法律规制%Supervision of We Media over Food Safety:Its Present Situation,Problems and Legal Regulations

    Institute of Scientific and Technical Information of China (English)

    郭兰英; 单飞跃; 赵文焕

    2014-01-01

    以微博、微信、个人网站等为代表的自媒体,具有重构公共话语平台的现实功能,能够拓展食品安全信息的传播和监督空间,成为公众参与食品安全监督的新方式。但在«食品安全法»确立的现行食品安全监督法律机制中并无包括自媒体在内的公众参与食品安全监督的位置,再加之自媒体传导食品安全信息存在的缺陷,导致公众在使用自媒体进行食品安全监督时产生新的问题。这些问题需要法律对其作出回应。完善自媒体监督的规范,可以鼓励公众参与食品安全监督,提升食品安全监督效果。%We Media,represented by micro-blogs,Wechat and personal websites,has the realistic function of reconstructing a public discourse platform,which has gradually become a new and effective way for the public to participate in the supervision over food safety,such as expanding the space of spreading the information of and making supervision over food safety.However,the existing legal mechanism of food safety supervision established by the Food Safety Law of the People's Republic of China does not provide for any public participation in supervision over food safety;in addition,the defects of spreading information of food safety by employing we media have aroused new problems about public supervision over food safety.So new legal norms are demanded to improve the supervision of we media so as to encourage the public participation in and enhance the effect of supervision over food safety.

  15. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  16. Proceedings of the Conference on Joint Problem Solving and Microcomputers (San Diego, California, March 31 - April 2, 1983). Technical Report No. 1.

    Science.gov (United States)

    Cole, Michael; And Others

    A group of American and Japanese psychologists, anthropologists, linguists, and computer scientists gathered at the University of California, San Diego, to exchange ideas on models of joint problem solving and their special relevance to the design and implementation of computer-based systems of instruction. Much of the discussion focused on…

  17. Major Problems and Counter-measures in the Promotion of Legal Knowledge%普法工作中的主要问题及解决举措

    Institute of Scientific and Technical Information of China (English)

    刘艳丽

    2011-01-01

    The promotion of legal knowledge is an important part in the socialist democratic and legal construction.There exists a cognitive mistake of being indifferent to legal knowledge promotion.Legal publicity and education do not meet the diverse needs of the masses.To improve the effectiveness of legal promotion,we must heighten our senses of responsibility and urgency,give the education of legal publicity full play,enhance the awareness and competence of public servants,leading cadres in particular,innovate the forms of publicity and perfect working mechanisms to ensure initial results in the promotion of legal knowledge.%普法工作已经成为我国社会主义民主法制建设的一个重要组成部分。目前对普法工作存在与己无关的认识误区,法制宣传教育不适应群众多元化的需求。要增强做好普法工作的责任感和紧迫感,发挥各种法制宣传阵地的教育引领作用,提高公务员尤其是领导干部依法行政的意识与能力,创新宣传形式,健全工作机制,保障普法工作取得阶段性成果。

  18. Imaging Sciences Workshop Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Candy, J.V.

    1996-11-21

    This report contains the proceedings of the Imaging Sciences Workshop sponsored by C.A.S.LS., the Center for Advanced Signal & Image Sciences. The Center, established primarily to provide a forum where researchers can freely exchange ideas on the signal and image sciences in a comfortable intellectual environment, has grown over the last two years with the opening of a Reference Library (located in Building 272). The Technical Program for the 1996 Workshop include a variety of efforts in the Imaging Sciences including applications in the Microwave Imaging, highlighted by the Micro-Impulse Radar (MIR) system invented at LLNL, as well as other applications in this area. Special sessions organized by various individuals in Speech, Acoustic Ocean Imaging, Radar Ocean Imaging, Ultrasonic Imaging, and Optical Imaging discuss various applica- tions of real world problems. For the more theoretical, sessions on Imaging Algorithms and Computed Tomography were organized as well as for the more pragmatic featuring a session on Imaging Systems.

  19. Proceedings with confidence

    NARCIS (Netherlands)

    Cutler, A.

    1992-01-01

    Nobody loves published conference proceedings. I certainly don't, as readers of this magazine may remember (Forum, 14 December 1991). Proceedings are too big and unwieldy, and waste authors' time by insisting that they write papers to a rigid format. Publications in proceedings are unrefereed, add l

  20. PROBLEMS IN THE THERAPY OF AXIAL SPONDYLOARTHRITIS IN THE PROCEEDINGS OF THE EULAR CONGRESS 2015 (ROME, 10–13 JUNE 2015

    Directory of Open Access Journals (Sweden)

    O. A. Rumyantseva

    2016-01-01

    Full Text Available The Congress considered the issues pertinent  to the latest approaches to therapy for axial spondyloarthritis  (axSpA, as well as the problems associated with a search for axSpA-modifying anti-rheumatic drugs. Reports on the results of therapy with nonsteroidal  anti-inflammatory drugs and biological agents (tumor necrosis factor-α  and interleukin 17/23 inhibitors were of the most relevance.

  1. Noise as a Public Health Problem: Proceedings of the International Congress (4th) Held at Turin (Italy) on June 21-25, 1983. Volume 1.

    Science.gov (United States)

    1983-11-01

    place or auditoria where hearing-impaired and/or deaf people ass- ble. The problem is now being actively pursued by well qualified, multidisciplinary...Lab (NAL), Rep. 89, 1982, Australian Govern- ment Printing Service. Mankovsky, V. S. Acoustics of studios and auditoria , (Ed. C. Gilford, Translator...Houtgast, T. and Steeneken, H.J.M., 1983. A multi-language evaluation of the RASTI-method for estimating speech intelligibility in auditoria . Acustica, in

  2. Legal Services: The Army Legal Assistance Program

    Science.gov (United States)

    2007-11-02

    legal services providedpro bono publico are not always on a no-fee basis because a reduced fee for professional services may be permissible in such...y f o u n d w i t h i n a p r i n c i p a l residence. Pro bono publico Legal services provided by civilian attorneys “for the public good or welfare...business activities, 3–6, 3–8 P r i v i l e g e , a t t o r n e y - c l i e n t , 3 – 8 , 4 – 3 , 4 – 8 , 5–5 Prisoners, 2–5 Pro bono publico , 3–7

  3. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  4. Evaluation of legal liability for technological risks in view of requirements for peaceful coexistence and progress.

    Science.gov (United States)

    Zandvoort, Henk

    2011-06-01

    Legal liability for risk-generating technological activities is evaluated in view of requirements that are necessary for peaceful human coexistence and progress in order to show possibilities for improvement. The requirements imply, given that political decision making about the activities proceeds on the basis of majority rule, that legal liability should be unconditional (absolute, strict) and unlimited (full). We analyze actual liability in international law for various risk-generating technological activities, to conclude that nowhere is the standard of unconditional and unlimited liability fully met. Apart from that there are enormous differences. Although significant international liability legislation is in place for some risk-generating technological activities, legislation is virtually absent for others. We discuss fundamental possibilities and limitations of liability and private insurance to secure credible and ethically sound risk assessment and risk management practices. The limitations stem from problems of establishing a causal link between an activity and a harm; compensating irreparable harm; financial warranty; moral hazard in insurance and in organizations; and discounting future damage to present value. As our requirements call for prior agreement among all who are subjected to the risks of an activity about the settlement of these difficult problems, precautionary ex ante regulation of risk-generating activities may be a more attractive option, either combined with liability stipulations or not. However, if ex ante regulation is not based on the consent of all subjected to the risks, it remains that the basis of liability in the law should be unconditional and unlimited liability.

  5. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

  6. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  7. Controlling Legal Risk for Effective Hospital Management.

    Science.gov (United States)

    Park, Hyun Jun; Cho, Duk Young; Park, Yong Sug; Kim, Sun Wook; Park, Jae-Hong; Park, Nam Cheol

    2016-04-01

    To analyze the types of medical malpractice, medical errors, and medical disputes in a university hospital for the proposal of countermeasures that maximize the efficiency of hospital management, medical departments, and healthcare providers. This study retrospectively reviewed and analyzed 55 closed civil lawsuits among 64 medical lawsuit cases carried out in Pusan National University Hospital from January 2000 to April 2013 using medical records, petitions, briefs, and data from the Medical Dispute Mediation Committee. Of 55 civil lawsuits, men were the main plaintiffs in 31 cases (56.4%). The average period from medical malpractice to malpractice proceeding was 16.5 months (range, 1 month to 6.4 years), and the average period from malpractice proceeding to the disposition of a lawsuit was 21.7 months (range, 1 month to 4 years and 11 months). Hospitals can effectively manage their legal risks by implementing a systematic medical system, eliminating risk factors in administrative service, educating all hospital employees on preventative strategies, and improving customer service. Furthermore, efforts should be made to establish standard coping strategies to manage medical disputes and malpractice lawsuits, operate alternative dispute resolution methods including the Medical Dispute Mediation Committee, create a compliance support center, deploy a specialized workforce including improved legal services for employees, and specialize the management-level tasks of the hospital.

  8. Empirical Legal Research: The Gap between Facts and Values and Legal Academic Training

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2015-07-01

    Full Text Available While traditional legal scholarship is under pressure and debates are taking place on the aims and methods of the academic study of law, at the same time empirical legal research is blossoming if not booming. The more empirical legal research is a growth industry, the more important it is to understand and discuss epistemological, methodological and translational problems of this field of study. This paper focuses on problems of a translational character, i.e. how to bring empirical evidence to the fore, in such a way that it can be understood and used by lawyers, legislators and regulators. And how to deal with the gap between facts (‘evidence’ and values, also known as the fact-value dichotomy. Our perspective is what students of law, including PhD candidates and legal practitioners (in training, need to know about this problem and how to address it. The paper summarizes several approaches to this gap problem, based on Giesen (2015 and continues with a critical analysis of his due process approach. Our analysis is that the gap problem continues to exist despite Giesen’s suggestions. Therefore four other approaches are put forward, two from the field of evaluation studies, one from argumentational analysis and one from empirically informed ethics. Finally, the paper discusses the relevance of these approaches for the legal curriculum.

  9. Jurisdiction without conflict? Remarks on non-adverse proceedings in Italy

    Directory of Open Access Journals (Sweden)

    Elisabetta Silvestri

    2017-01-01

    Full Text Available The subject. This essay describes the procedural treatment of non-contentious matters inItaly. After a brief historical recount on the evolution of the concept of ‘non-contentiousjurisdiction’, from Roman law to the law in force, the chapter emphasizes the extreme varietyof non-adverse proceedings governed by the Code of civil procedure and special statutesas well.The purpose of the article is to understand the ‘default rules’ of non-adverse proceedings(meaning the rules applicable insofar as the law does not ordain otherwise provided by theCode of civil procedure. These rules outline a procedure in chambers that is simpler andless time-consuming than the ordinary one: for these reasons, the procedure in chambershas been increasingly adopted for the judicial treatment of a few contentious matters, withmixed results.Methodology. The methodological basis for the study: general scientific methods (analysis,synthesis, comparison, description; private and academic (comparative legal, interpretation,formal-legal.Results. It is difficult to foresee whether in the near future more attention will be devotedby Italian legislators to non-contentious jurisdiction so as to lay down rules that are uniformand consistent. In recent decades, Italian civil procedure has been re-written again andagain in the attempt to solve the most serious and enduring problem of the justice system,namely, the excessive length of proceedings.Conclusions. As far as non-contentious matters, in light of the notorious overload of Italiancourts the author believes that they could be handles more efficiently by administrativeauthorities.

  10. 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

  11. Judging Amy: Automated legal assessment using OWL 2

    NARCIS (Netherlands)

    van de Ven, S.; Hoekstra, R.; Breuker, J.; Wortel, L.; El-Ali, A.

    2008-01-01

    One of the most salient tasks in law is legal assessment, and concerns the problem of determining whether some case is allowed or disallowed given an appropriate body of legal norms. In this paper we describe a system and Protégé 4 plugin, called OWL Judge, that uses standard OWL 2 DL reasoning for

  12. A Transformative Approach to Work Integrated Learning in Legal Education

    Science.gov (United States)

    Babacan, Alperhan; Babacan, Hurriyet

    2015-01-01

    Purpose: The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper…

  13. Un vocabulaire juridique bilingue canadien (A Canadian Bilingual Legal Vocabulary).

    Science.gov (United States)

    Lauziere, Lucie

    1979-01-01

    Describes a project called JURIVOC which sought to deal with the problem of a duality of language and a duality in legal systems in Canada. The development of a bilingual lexicon is discussed, and an example is given of the classic language/legal system duality in Canadian law. (AM)

  14. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  15. [The legal status of a human corpse].

    Science.gov (United States)

    Sodesaki, K

    2001-07-01

    A human corpse presents a number of difficulties, one of which involves difficulties associated with its legal status. A human body, once dead, is considered only as a weight of material, although it signifies continuity of what used to be a living being. A corpse is not an integral part of a human being any more. Legal human rights are only applicable to living humans, and not to a corpse. A fertilized human ovum, a human embryo, a fetus or a separated part of a (live) human body has legal-status problems that are similar to those of a corpse. In Japan, destruction, abandonment or ryotoku (take illegal possession) of a corpse, is forbidden by Japanese Criminal Law #190. This law aims to respect popular religious beliefs, rather than to protect personal rights of a given dead person. Our society needs some other way to provide a dead person with legal protection. Those of us practicing in legal medicine should remind the students in our classroom as well as ourselves of the problems just mentioned. We must always keep in mind that autopsy is exceptionally permitted by law with respect to a corpse for the larger good of society at large.

  16. 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

  17. Fluid injection for salt water disposal and enhanced oil recovery as a potential problem for the WIPP: Proceedings of a June 1995 workshop and analysis

    Energy Technology Data Exchange (ETDEWEB)

    Silva, M.K.

    1996-08-01

    The Waste Isolation Pilot Plant (WIPP) is a facility of the U.S. Department of Energy (DOE), designed and constructed for the permanent disposal of transuranic (TRU) defense waste. The repository is sited in the New Mexico portion of the Delaware Basin, at a depth of 655 meters, in the salt beds of the Salado Formation. The WIPP is surrounded by reserves and production of potash, crude oil and natural gas. In selecting a repository site, concerns about extensive oil field development eliminated the Mescalero Plains site in Chaves County and concerns about future waterflooding in nearby oil fields helped eliminate the Alternate II site in Lea County. Ultimately, the Los Medanos site in Eddy County was selected, relying in part on the conclusion that there were no oil reserves at the site. For oil field operations, the problem of water migrating from the injection zone, through other formations such as the Salado, and onto adjacent property has long been recognized. In 1980, the DOE intended to prohibit secondary recovery by waterflooding in one mile buffer surrounding the WIPP Site. However, the DOE relinquished the right to restrict waterflooding based on a natural resources report which maintained that there was a minimal amount of crude oil likely to exist at the WIPP site, hence waterflooding adjacent to the WIPP would be unlikely. This document presents the workshop presentations and analyses for the fluid injection for salt water disposal and enhanced oil recovery utilizing fluid injection and their potential effects on the WIPP facility.

  18. 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.

  19. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

  20. 论少数民族经济权利的法律救济%On Legal Remedies of Minority Economic Rights

    Institute of Scientific and Technical Information of China (English)

    翟东堂

    2012-01-01

    Legal remedies to protect and achieve minority economic rights has very important significance. The main motivation of minority economic rights of legal remedies is abuse of power, conflict of rights, abuse of rights. Its main remedies include civil remedies, administrative remedies, criminal remedies, constitutional relief. At present, Chinese minority economic rights of legal remedies achieved some success, but also there are some problems. Therefore Chinese minority economic rights of legal relief system is needed to proceed from a variety of aspects.%法律救济对少数民族经济权利的保障和实现具有极为重要的意义。少数民族经济权利法律救济的主要动因是权力滥用、权利冲突、权利滥用,其主要救济方法包括民事救济、行政救济、刑事救济、宪法救济等。目前我国在少数民族经济权利法律救济方面取得了一定的成就,但同时也存有一定的问题,因此需要从多方面着手完善中国的少数民族经权利法律救济制度。

  1. The Electronic Evidence in Trial Proceedings

    Directory of Open Access Journals (Sweden)

    Monica Pocora

    2015-05-01

    Full Text Available This paper will consider theoretical and practical issues which arise in trial proceedings, throughout the virtual presence of persons involved. The EU Convention of 2000 provide the legal base for the use of video conference. In most jurisdictions, all forms of evidence is admissible, subject to rules relating to the exclusion of evidence because of improper actions or because the inclusion of the evidence would be unfair to the defendant. There is a difference between the admissibility of the evidence and laying the correct foundations before the evidence can be admitted.

  2. Collective legal protection: The European approach

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

  3. The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

    Directory of Open Access Journals (Sweden)

    Felipe Vollbrecht Sperandio

    2012-07-01

    Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

  4. Power and control in the legal system: from marriage/relationship to divorce and custody.

    Science.gov (United States)

    Watson, Laurel B; Ancis, Julie R

    2013-02-01

    The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.

  5. 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.

  6. Legal and administrative frameworks for electricity enterprises

    Energy Technology Data Exchange (ETDEWEB)

    1973-01-01

    The present study, designed to assist electricity-undertaking managers in the developing countries, briefly outlines the main legal and administrative problems that may be faced. It presents pointers to choices that can be made specifically for a particular country's geographical, political, economic, and social conditions. Part I, Legal Regimes Governing Electricity, is presented in three parts: Formal Features; Basic Political Options; and Administrative and Institutional Problems. Part II, Public Undertakings, contains four parts: Different Types of Public Undertaking; Public Corporation: The Problems and Their Solutions; Public Corporation: Management Structure; and Organigram, Management and Control Principles for the Public Undertaking. Part Three, Private and Semi-public Undertakings--Nationalization, contains three areas of study: Private Undertakings; Semi-public Undertakings; and Nationalization. Following the concluding chapter, a Draft Code of Electricity is annexed.

  7. Data Leak, Critical Information Infrastructure and the Legal Options: What does Wikileaks teach us?

    Directory of Open Access Journals (Sweden)

    Ida Madieha Abdul Ghani Azmi

    2015-05-01

    Full Text Available The massive data leaks by Wikileaks suggest how fragile a national security is from the perspective of information system and network sustainability. What Wikileaks have done and achieved raises some causes of concern. How do we view such leaks? Are they an act of whistle-blowing or disclosure of government misconduct in the interest of the public? Are they the champion of free press? Or are they a form of data breach or information security attack? What if it involves the critical information infrastructure (CII? Could they be classified as ‘cyber-terrorist’? The objective this paper is to outline the problems and challenges that Malaysia should anticipate and address in maintaining its national CII. The paper first looks at Wikileaks as it is the ‘icon’ of data leaks. Then it examines the causes of data breach before proceeding to foray into the concept of ‘critical information infrastructure’ in the US and Malaysia. Finally, the paper explores legal options that Malaysia can adopt in preparing herself to possible data breaches onslaught. It is the contention of the paper that the existing traditional legal framework should be reformed in line with the advances of the information and communications technologies, especially in light of the onslaught of data leaks by the new media typically represented by Wikileaks.

  8. 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.

  9. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  10. 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)

  11. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  12. 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...

  13. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  14. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  15. Legalization White Paper.

    Science.gov (United States)

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  16. 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)

  17. 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.

  18. 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.).

  19. 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.

  20. 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.

  1. 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 expl

  2. 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.

  3. 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

  4. To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

    Directory of Open Access Journals (Sweden)

    Tomas A. Lipinski

    2002-01-01

    Full Text Available This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections.  First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has altered the traditional legal paradigm of responsibility and as a result creates potential problems for the future of anonymous speech on the Internet.  As a result plaintiffs are no longer pursuing litigation against service providers but taking their dispute directly to the anonymous speaker. Second, several cases have arisen in the United States where plaintiffs have requested that the identity of an anonymous Internet speaker be revealed.  These cases are surveyed.  Third, the cases are analyzed in order to determine the factors that courts require to be present before the identity of an anonymous speaker will be revealed.  The release is typically accomplished by the enforcement of a discovery subpoena instigated by the party seeking the identity of the anonymous speaker. The factors courts have used are as follows: jurisdiction, good faith (both internal and external, necessity (basic and sometimes absolute, and at times proprietary interest. Finally, these factors are applied in three scenarios--e-commerce, education, and employment--to guide institutions when adopting policies that regulate when the identity of an anonymous speaker--a customer, a student or an employee--would be released as part of an internal initiative, but would nonetheless be consistent with developing legal standards.

  5. Immigrant health: legal tools/legal barriers.

    Science.gov (United States)

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

  6. 公司法修改背景下的青年创业法律问题研究%Study on Legal Problems of Youth Startups under the Background of Company Law Amendment

    Institute of Scientific and Technical Information of China (English)

    贾辰君

    2014-01-01

    At the end of 2013, some modification was made for the Company law, mainly making it simplified for the company registration procedures and easier for the company registration. It is necessary to make young entrepreneurs understand these changes clearly in order to eliminate their concerns. However, legal risks still remain in the course of youth entrepreneurship, mainly including the breach of the capital contribution obligation, withdrawal of contributed capital, bearing joint liability to other initiators, and stock transaction. It is essential that the young people recognize these legal risks during startups. The youth should evade these legal risks, legally run the business with sincerity, and reduce unnecessary loss.%公司法于2013年底进行修改,主要简化了公司注册手续,降低了公司注册门槛,这就需要对公司注册登记方面的变化进行法律分析使得青年创业者对这些变化有比较清晰的认识,消除青年创业者的顾虑。在创业门槛降低的同时,青年创业的法律风险依然存在,主要集中在违反出资义务、抽逃出资、对其他发起人股东承担连带责任、受让股权等方面,非常有必要让广大青年认识到这些法律风险,在创业过程中规避这些法律风险,合法创业,诚信经营,以减少损失。

  7. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    requirements, state living will statutes, state death and gift taxes, and adoption of the Uniform Gifts to Minors Act. Several forms designed to be...health care, and a summary of state living will legislation. Legal assistance attorneys are advised that these state and territorial statutes are subject... state living will statutes is Gelfand, Living Will Statutes: The First Decade, 5 Wis. Law. Rev. 737 (1987). a A recent article addressing the types of

  8. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  9. Sharing the proceeds from a hierarchical venture

    DEFF Research Database (Denmark)

    Hougaard, Jens Leth; Moreno-Ternero, Juan D.; Tvede, Mich;

    2017-01-01

    We consider the problem of distributing the proceeds generated from a joint venture in which the participating agents are hierarchically organized. We introduce and characterize a family of allocation rules where revenue ‘bubbles up’ in the hierarchy. The family is flexible enough to accommodate...

  10. A legal institutional perspective on the European Union External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2010-01-01

    It is beyond doubt that setting up the European External Action Service will have a deep impact on EU external policy making. Both in legal and policy terms, this new player thoroughly changes the institutional balance in EU external relations. The goal of this paper is to examine the legal side...... of that coin, by exploring the legal and institutional nature and position of the EEAS in the EU’s external relations machinery. To that end, it queries the meaning of the EEAS’ sui generis status in the EU institutional set-up: what does it mean to say that the EEAS is ‘functionally autonomous’ from...... the Council and Commission? What are the implications of its absence of legal personality? What are its formal powers – if any, and could the EEAS be subject or object of Court proceedings? Against the backdrop of seeking answers to these questions, the paper then queries to which extent the legal choices...

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

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

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

  12. Legal aspects in implantable defibrillator extraction.

    Science.gov (United States)

    D'Ovidio, C; Costantini, S; Vellante, P; Carnevale, A

    2013-10-01

    At the Institute of Legal Medicine in Chieti, a case of iatrogenic superior vena cava perforation was observed during laser extraction of an infected biventricular implantable cardiac defibrillator. The presentation of this particular case represented a starting point for studying the occurrence of similar complications in literature, since their knowledge and understanding should induce resolution of any organisation problems, aid in increasing physicians' training and impose the availability of cardiac surgeons during such operations.

  13. IPHE Infrastructure Workshop Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    None

    2010-02-01

    This proceedings contains information from the IPHE Infrastructure Workshop, a two-day interactive workshop held on February 25-26, 2010, to explore the market implementation needs for hydrogen fueling station development.

  14. Health benefits of legal abortion: an analysis.

    Science.gov (United States)

    Tyrer, L B

    1985-01-01

    The abolition of legal abortion in the US would seriously threaten the health, and even the lives, of women and children. Statistics on the relationship between abortion and health attained before and after abortion was legalized were used to project some of the probable consequences of reversing the US Supreme Court's 1973 Roe v. Wade decision. Abortion has been widely practiced throughout US history, but the actual number of procedures performed before some states legalized abortion is unknown. Few legal procedures were performed for medical reasons, yet many illegal abortions took place. In 1955, a panel of experts could only provide a "best estimate" of between 200,000 and 1,200,000 illegally induced abortions occurring annually in the US. The actual number was most likely closer to the higher figure. The complication rates for illegal abortions, most of which were performed by unskilled practitioners in unsafe settings, were much higher than the rates for legal abortion now. Complications were related to ineffective or unsafe methods, Sepsis, particularly with the bacterium "Clostridium prefringens," which causes gas gangrene, was a major problem that has virtually disappeared. Each year prior to the 1970s, more than 100 women in the US died of abortion complications. Due to the fact that vital statistics reflect an incomplete ascertainment of deaths, the actual number of deaths is probably larger, possibly by as much as 50%. In 1983 more than 1.3 million procedures were performed -- a figure close to the estimated number of illegal abortions performed before 1970. In comparison, 672,000 hysterectomies and 424,000 tonsillectomy operations were performed the same year. The number of abortion-related deaths in the US decreased between 1972 and 1980, from 90 to 16. Most of this decrease resulted from the availability and safety of legal abortion. Legal abortion carries an especially low risk of death, particularly when performed in the 1st trimester. For the 1972

  15. Perspectives on Changes in the Right to Legal Assistance Prior to and During Police Interrogation

    NARCIS (Netherlands)

    W-J. Verhoeven (Willem-Jan)

    2014-01-01

    markdownabstract__Abstract__ The requirement of legal assistance prior to and during police interrogation constitutes one of the major changes in Dutch criminal proceedings during the past years. Legislation, policy, and practice in the Netherlands have been adapted to European case law, including

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  17. 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.

  18. The Concept of Legal Coercion and Power-Conferring Legal Regimes

    Directory of Open Access Journals (Sweden)

    Sergey Tretyakov

    2017-01-01

    Full Text Available The basic question of the paper: are power-conferring legal rules coercive and in what sense can we say that power-conferring legal rules coerce? In his recent book, Frederick Schauer answers the first question in the affirmative and proposes an interesting account of how it works. I believe that this claim is unsustainable due to the inconsistencies in the psychological account of coercion applied by Schauer, and his theory’s unrestricted reliance on counterfactuals. In what follows, I try to reconstruct the thesis on the coerciveness of the power-conferring legal rules. The basic insight is that the powerconferring legal rules coerciveness claim is inextricably connected to the unmoralized account of coercion, as any moralized theory shifts the problem from coercion to the issue of distributive justice. However, the unmoralized concept of coercion can hardly be coherent in law because it makes coercion a matter of context, dependent on the willpower of each individual, which threatens to eliminate the force of law as such. Even applied on its own terms, the unmoralized concept of coercion is unworkable within the context of power-conferring through law because power-conferring legal regimes do not eliminate non-legal alternatives, making it dependent on the will of the legal subjects themselves. Schauer’s everlasting contribution lies in his ingenious attempt to substantiate the coercion (of power-conferring rules claim relying on counterfactuals.A (coerced choice has been limited relative to some situation which never occurred but would or should have occurred. In order to limit a set of counterfactuals, making them realistic (preferences and needs are limited only by imagination, one should impose severe limits on them, which makes it impossible to characterize the particular situations described by Schauer as coercive in that sense.

  19. Legal Risk of Layoff and Prevention of the Risk

    Institute of Scientific and Technical Information of China (English)

    马亮

    2014-01-01

    The primary goal of business management is to create economic profit, so it’s a major study seeking the ways of making good profit with low cost. Among such ways, layoff is a key measure for the enterprise to cut down cost and expense. The writer, from legal point of view, studies the layoff risk and its prevention, approaches the relevant problems by the discussion on the two major topics-“Can enterprise terminate labor contracts when workers refuse layoff”and“Is there any legal risk if the enterprises conduct layoff in conformity with laws”, and tries to work out a best legal prevention.

  20. Legal nature of the agency in legal system of the Republic of Serbia

    Directory of Open Access Journals (Sweden)

    Martinović Aleksandar

    2012-01-01

    Full Text Available The roots of the agency as a public law, go back to the nineteenth century, when the first independent regulatory agency - Interstate Trade Commission was formed by the United States. In the legal system of the Republic of Serbia, agencies have the right to acquire citizenship since 2001. In the past ten years, a very large number of agencies were formed in different areas of social life, with their different legal nature. Disparity in legal character agency in the Republic of Serbia in general raises no small problems. The economic and financial characteristics of agencies are expressed especially in situations when a same social area 'covered' simultaneously by the relevant ministry and its counterpart - the agency.

  1. 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)

  2. 海事管理机构司法协助若干法律问题探讨%Discussion on several legal problems about the judicial assistance of maritime administrative organs

    Institute of Scientific and Technical Information of China (English)

    杨文杰

    2016-01-01

    The paper analyzes the common legal issues in the judicial assistance by the maritime administration and provides relevant suggestions, aiming at further regulating the procedures of assistance, preventing risks in performing duties, and safeguarding the legitimate rights and interests of administrative counterparts.%文中针对海事司法协助中常见法律问题进行分析并提出应对建议,以进一步规范协助程序,防范履职风险、维护行政相对人合法权益。

  3. Civil Law Legal Assistance; Lawyer’s Study Guide

    Science.gov (United States)

    1998-05-01

    SURVIVOR BENEFITS FAMILY SUPPORT FAMILY LAW UNIFORMED SERVICES FORMER SPOUSES PROCTECTION ACT (USFSPA) SEPARATION AGREEMENTS CONSUMER LAW #1... CONSUMER LAW #2 CONSUMER LAW #3 INCOME TAXES BlTCQt& Am**»imftji CHAPTER I PART A - LEGAL ASSISTANCE OVERVIEW 0101 REFERENCES 1-1 A. 10 U.S.C...Publication 1-3 Rev. 5/98 Legal Assistance Overview a. Consumer law problems such as time-share agreements; door-to- door sales; mail order

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

    DEFF Research Database (Denmark)

    Larsen, Aase Voldgaard

    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...... that the meanings and contents of the legal terms and expressions used in the contract are explained explicitly, and references are made to legal provisions important to the wording and function of the contract. On the other hand, however, some surprising exceptions are made, also in ‘layman-friendly’ contracts...

  5. Did Legalized Abortion Lower Crime?

    OpenAIRE

    2001-01-01

    This paper examines the relationship between the legalization of abortion and subsequent decreases in crime. In a current study, researchers estimate that the legalization of abortion explains over half of the recent decline in national crime rates. The association is identified by correlating changes in crime with changes in the abortion ratio weighted by the proportion of the criminal population exposed to legalized abortion. In this paper, I use an alternative identification strategy. I an...

  6. 网络信息法制化建设问题及策略探析%The network information legal construction strategy and the problems in this paper

    Institute of Scientific and Technical Information of China (English)

    谯冉

    2012-01-01

    随着市场经济发展,网络成为了人们传播信息的主要途径。但是网络是把双刃剑,网络信息确实可以给人们带来极大的便利,但同时也会带来毒瘤。因此,必须要构建网络信息法制化,让网络信息成为人们信赖的传播渠道。本文就是从网络信息法制化建设的问题入手,有针对性在给出相关对策。%with the development of the market economy,the Internet as the main way people spread information.But the network is a double-edged sword,the network information can really bring great convenience to people,but at the same time also can bring cancer.Therefore,we must to construct the network information legalization,let the network information become the people of transmission channels of trust.This paper is the network information from the legal construction of targeted given in related countermeasures.

  7. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  8. Biopiracy: about its legal meanings

    National Research Council Canada - National Science Library

    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...

  9. CRIMINAL PROCEEDINGS AGAINST CHILD

    Directory of Open Access Journals (Sweden)

    Marija Jovanova

    2015-07-01

    Full Text Available Juvenile criminal law is part of the criminal law of a country, it is set of rules and regulations governing the rights and obligations of the minors concerned. Criminal proceedings against a child will raise if there is a crime which has been committed by the child when the child or minor may be answerable for the deed pursuant to justice for children. When it comes to criminal proceedings against a child that is significantly different from the procedure against adult offenders because here we have a special category of people who still do not have sufficient mental maturity and procedures that would guide could have negative consequences child. What characterizes proceedings against a child is that the main emphasis is on offense but the offender. Another feature of the criminal proceedings against children that have some direct criminal proceeding in the direction of an alternative procedure , for example in front of Social Work or a procedure in which a whole would raise concerns about the child's personality , there are numerous variations and entire procedure is conducted in the best interest of the child.

  10. Abortion in Iranian legal system: a review.

    Directory of Open Access Journals (Sweden)

    Mahmoud Abbasi

    2014-02-01

    Full Text Available 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.

  11. Buddhism and Legal Tradition in Mongolia

    Directory of Open Access Journals (Sweden)

    Mergen S. Ulanov

    2016-12-01

    Full Text Available The article is devoted to the problem of the influence of Buddhism on the legal tradition in Mongolia. The scientific relevance of the study concerning the history of interaction of Buddhism and legal tradition lies in the fact that religion and law are the values and norms that regulate social relations, revealing level and condition of morality of society, determining the system of value coordinates. The analysis of the cultural-historical context of interaction of legal and religious institutions is of particular importance. In this regard, the questions regarding the history of interaction of Buddhism and legal traditions in Mongolia are of special interest. The authors consider such monuments of Mongolian law as the «Great Yasa», the Hutuktay-Sechen’s Law, the Altan Khan’s Code, the «Eighteen steppe laws», the «Ih tsaaz» (the Mongol-Oirat Code of 1640, the «Mongol Tsaadzhin Bichig» («the Mongolian law», the «Khalkha Dzhirum» and modern legislation of Mongolia. A common in the religious studies view on Buddhism as a contemplative religion, indifferent to political-legal issues, is not entirely true. The study showed that Buddhism had a significant influence on the formation of state-legal relations in Mongolia. Inclusion of the Buddhist Canon law in the national legislation contributed to strengthening of the provisions of the world religion in the Mongolian society. As a result it became an important regulator of legal relations. It also contributed to the fact that the Buddhist clergy was beginning to be perceived by the population as an important and integral part of society. After proclamation of the Mongolian People's Republic and the subsequent persecution of the Church Buddhism ceased to have any serious impact on the law. In the modern democratic Mongolia the leading role of Buddhism in the country is enshrined in law, and it is regarded as an ideological foundation for preservation of national culture and Mongols

  12. 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…

  13. 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…

  14. The International Society for the Social Studies Annual Conference Proceedings (Orlando, Florida, February 27-28, 2014). Volume 2014, Issue 1

    Science.gov (United States)

    Russell, William Benedict, III, Ed.

    2014-01-01

    The "International Society for the Social Studies (ISSS) Annual Conference Proceedings" is a peer-reviewed professional publication published once a year following the annual conference. The following papers are included in the 2014 proceedings: (1) Legal Profession in the Technological Era with Special Reference to Women Lawyers in…

  15. 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.

  16. 我国私人参与警察任务执行的法律问题探析%Analysis on Legal Problems of Individual Participating in the Police Mission in China

    Institute of Scientific and Technical Information of China (English)

    朱虹

    2015-01-01

    With the development of society an d the strengthening of consciousness of law and civil rights, the public security authorities are required to strictly implement its management for social order, to maintain the social security responsibility and obligation, to provide more comprehensive social security ser-vice. But the conflicts showed the inadequate police forces, inevitably causing individual participation in policing missions. At present, the public-individual partnership is reflected in the legal community correction or in the cooperation rehabilitation, in the auxiliary police system research or in a controversial public securi-ty contact, informants and photographing offence rewarding. If we want to conduct both the individual partici-pation in policing and police only in mission to be legal, we must clearly definite the individual law position, subject, object and its legal responsibility, and set up related support systems for specifications.%社会的不断发展,公民权利意识、法律意识的增强,要求公安机关严格履行其管理社会秩序、维护社会治安的职责和义务,并提供更多更全面的社会安全服务。与之相矛盾的是,我国警力不足甚至极度短缺,这不可避免地导致私人对警察任务的参与。目前,不论是具有法律相关依据的社区矫正和合作戒毒,还是正在探索发展中的辅警制度,或是饱受争议的治安承包、警方线人和违拍有奖,都反映出了我国不断探索公私合作模式的现状。要引领私人参与警察任务执行走上法制化道路,就必须从立法上明晰其法律地位、主体、客体、实施对象与法律责任,并建立相关的配套制度予以规范。

  17. Legal capacity of the elderly in Greece.

    Science.gov (United States)

    Giannouli, Vaitsa; Tsolaki, Magda

    2014-01-01

    of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary results show for the first time in Greece that: a) four groups of elderly people (suffering from Alzheimer's disease at different stages, Parkinson's disease and amnestic Mild Cognitive Impairment and healthy elders) show a significantly different profile on all examined domains of this new test according to their diagnosis, b) people with MCI from Greece do face problems in the domains outlined above (mainly financial decision making problems), and that c) subsequent changes in the Greek law should be made.

  18. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  19. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    Plain language changes in the municipality of Stevns In 2014 the municipality of Stevns in Denmark carried out a pilot project to initiate a plain language initiative covering the entire municipality. The pilot project involved a small section of Social Services and dealt with the reformulation...... of a series of letters. The group consisted of the project leader, the section’s head, and five staff members. The staff members went through the letters that they send out to citizens in order to edit them to plain language principles. I followed the process from beginning to end by observing meetings...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  20. Conference proceedings ISES 2014

    DEFF Research Database (Denmark)

    Christensen, Janne Winther; Peerstrup Ahrendt, Line; Malmkvist, Jens

    The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers.......The 10th Internatinal Equitation Science Conference is held i Denmark from August 6th - 9th 2014. This book of proceedings contaions abstracts of 35 oral and 57 poster presentations within the conference themes Equine Stress, Learning and Training as well as free papers....

  1. The Problems in and the Possibility of the Court's Legal Explanation Conforming to Constitution%论法院合宪性解释的可能与问题

    Institute of Scientific and Technical Information of China (English)

    王广辉

    2014-01-01

    普通法院审理刑事、民事案件时,需要对作为裁判依据的立法进行解释之时,应当将宪法的原则和精神纳入考量范围。宪法最高法律效力的普适法理以及宪法典的既有规定为法院进行合宪性解释提供了理论和规范层面的可能性,司法实践中的适用难题印证了合宪性解释的必要性。而法院能否进行恰如其分的合宪性解释,离不开宪法至上权威的落实和良好法治意识的形成,离不开审判中独立地位的确定,也离不开法官自身的素养和技能。%In ordinary court dealings with criminal and civil cases the principles and spirit of the constitution should be taken into account when it is necessary to explain the legislation as the referee basis. The supreme legal effect of constitution and the provisions of Constitutional law are helpful for the court to explain by constitution and especially to provide the theory and the possibility to do so.Also the judicial practice confirms the necessity of explanation by constitution.To make appropriate explanation the court needs to respect the highest authority of the constitution and form legal consciousness to establish trial independence and also to improve the professional skills of the judges.

  2. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters...

  3. The living will: legal and ethical perspectives.

    Science.gov (United States)

    Wold, J L

    1992-02-01

    Problems surrounding issues of dying and death are many. Health professionals, families and individuals all must cope with different aspects of these problems. The living will has been discussed as one way people can alleviate many of the problems associated with the decision to die with dignity. Nurses are in the perfect position to educate people concerning the benefits of having a living will. As patient advocate, it is imperative nurses be apprised of the laws in their states regarding living wills. By initiating a living will, individuals can make their wishes known to both family and the medical establishment. Increased public education concerning state living will legislation and concomitant rights under these laws is needed. Through education, many of the legal and ethical issues that arise from ignorance of the law may be avoided before they become problems.

  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...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  5. 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...

  6. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  7. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  8. 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, legislator

  9. Unique Problems in Prosecuting Child Abuse Cases Overseas

    Science.gov (United States)

    1991-04-01

    Background The legal system of Korea is relatively new and almost entirely foreign. The modern legal system was installed after the liberation of the...nation in 1945 and was modeled after western legal systems .8 The imposition of a westernized legal system has created some problems. As one scholar noted...Third-world countries have often confronted significant trouble in importing the modern legal system from the West, and Korea has been no exception

  10. A Study on Judges and Prosecutors’ Information Behavior for Legal Resources

    Directory of Open Access Journals (Sweden)

    Jia-miin Lin

    2005-03-01

    Full Text Available The goal of this study is to understand judges and prosecutor’s information behavior, i.e., their information needs, seeking, and using of legal resources. Methods of questionnaire, interview, observation, and content analysis of legal forums were adopted to collect quantitative and qualitative data. The result shows that legal resources are mainly to support judges and prosecutors when conducting justice and criminal investigation, and they are mostly interested in the information being able to solve practical legal problems. The study also found 13 important characteristics of their seeking behaviors. Suggestions for improvement in publication of legal resources, legal information services, legal information system design, and law education are also provided. Finally, the study proposed an information behavior model of judges and prosecutors, which may benefit future related research. [Article Content in Chinese

  11. Legal Language in Intercultural Communication

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2012-12-01

    Full Text Available This paper addresses the considerable role of legal translation in intercultural communication. Effective intercultural communication requires sufficient language skills and also extensive knowledge of the cultures involved, which encompass official social behaviour norms, enshrined in the corresponding legal systems. The basic legal terms often pose substantial difficulties even for experienced translators and, hence, to communication, because these terms nominate concepts that are inherently linked with culture, moral values and legal tradition of a given country. In intercultural communication the most widely used legal English is permeated by Anglo-Saxon legal system and concepts which have little or no equivalents in Romano-Germanic or other continental law countries. The authors present a comparative analysis of the translation strategies employed by the compilers of two main English-Lithuanian law dictionaries (V. Bitinaitė „Mokomasis anglų-lietuvių kalbų teisės terminų žodynas“ and O. Armalytė, L. Pažūsis. „Anglų-lietuvių kalbų teisės žodynas“ in translation of the English-Welsh law terms defining abstract common law terms, some specific English-Welsh legal professions and the English-Welsh court names. The findings of the analysis reveal the difficulties which the dictionary compilers have to cope with when translating culture-bound terms and the strategies chosen by them for problematic translations. The research also highlights the role of the legal language translator as the key figure in facilitating different cultural background comprehension of the legal terms and, what is even more important, specific aspects of legal systems; the latter being necessary for efficacious intercultural cooperation.

  12. Violence in Clinical Psychiatry. Proceedings of the 6th European congress

    NARCIS (Netherlands)

    Needham, I.; Callaghan, P.; Palmstierna, T.; Nijman, H.L.I.; Oud, N.E.

    2009-01-01

    This book of conference proceedings offers an overview of the work of many clinicians, researchers, and others on topics pertinent to the field of clinical violence such as legal and ethical perspectives on violence, the impact of violence on patients and staff, coercive measures, the pharmacologica

  13. 45 CFR 1641.21 - Additional proceedings as to disputed material facts.

    Science.gov (United States)

    2010-10-01

    ... facts. 1641.21 Section 1641.21 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL... proceedings as to disputed material facts. (a) In actions not based upon a conviction or civil judgment under... of material fact, the IPA shall be afforded an opportunity to appear (with counsel, if...

  14. 45 CFR 1641.10 - Additional proceedings as to disputed material facts.

    Science.gov (United States)

    2010-10-01

    ... facts. 1641.10 Section 1641.10 Public Welfare Regulations Relating to Public Welfare (Continued) LEGAL... proceedings as to disputed material facts. (a) In actions not based upon a conviction or civil judgment under... of material fact, the IPA shall be afforded an opportunity to appear (with counsel, if...

  15. 76 FR 55817 - Broadcast Applications and Proceedings; Fairness Doctrine and Digital Broadcast Television...

    Science.gov (United States)

    2011-09-09

    ... COMMISSION 47 CFR Parts 1, 73 and 76 Broadcast Applications and Proceedings; Fairness Doctrine and Digital Broadcast Television Redistribution Control; Fairness Doctrine, Personal Attacks, Political Editorials and... legal effect and are obsolete. The deleted rules include ] the fairness doctrine, broadcast flag rules...

  16. FINPIE/97. Workshop proceedings

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-31

    This publication contains the proceedings of 1997 Finnish Workshop on Power and Industrial Electronics, held in Espoo, Finland, on 26 August, 1997. The programme consisted of technical sessions on Advanced AC Motor Control, Electric Machines and Drives, Advanced Control and Measurement, Power Electronics Systems, Modelling and Simulation, and Power Converters

  17. EMAC Proceedings, Academic Sessions

    DEFF Research Database (Denmark)

    1997-01-01

    The EMAC Proceedings contains many papers related to digital information processing and telecommunications, reflecting the importance of the telecommunications industry, but also many papers on sensor systems and control systems are included. The papers come from all over Europe, from within the ...

  18. 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.

  19. Five-Year Changes in Alcohol Knowledge, Consumption and Problems among Students Exposed to a Campus-Wide Alcohol Awareness Program and a Rise in the Legal Drinking Age.

    Science.gov (United States)

    Gonzalez, Gerardo M.

    1991-01-01

    Levels of alcohol knowledge, consumption and problems among college students in 1983 and 1988 were compared. Although the drinking age was raised to 21 in the state and alcohol awareness program was in existence at university, no significant differences were found between 2 samples in alcohol knowledge, consumption, or problems. (Author/ABL)

  20. PCaPAC 2006 Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Pavel Chevtsov; Matthew Bickley (Eds.)

    2007-03-30

    The 6-th international PCaPAC (Personal Computers and Particle Accelerator Controls) workshop was held at Jefferson Lab, Newport News, Virginia, from October 24-27, 2006. The main objectives of the conference were to discuss the most important issues of the use of PCs and modern IT technologies for controls of accelerators and to give scientists, engineers, and technicians a forum to exchange the ideas on control problems and their solutions. The workshop consisted of plenary sessions and poster sessions. No parallel sessions were held.Totally, more than seventy oral and poster presentations as well as tutorials were made during the conference, on the basis of which about fifty papers were submitted by the authors and included in this publication. This printed version of the PCaPAC 2006 Proceedings is published at Jefferson Lab according to the decision of the PCaPAC International Program Committee of October 26, 2006.

  1. 75 FR 81459 - Simplified Proceedings

    Science.gov (United States)

    2010-12-28

    ... HEALTH REVIEW COMMISSION 29 CFR Part 2700 Simplified Proceedings AGENCY: Federal Mine Safety and Health... simplify the procedures for handling certain civil penalty proceedings. DATES: The final rule takes effect... ``Comments on Simplified Proceedings'' in the subject line and be sent to mmccord@fmshrc.gov . FOR...

  2. How International is the European Legal Order?

    OpenAIRE

    Besson, Samantha

    2012-01-01

    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and...

  3. preliminary study of American legal culture

    Institute of Scientific and Technical Information of China (English)

    周杨

    2016-01-01

    This thesis is a preliminary study of American legal culture. Nowadays more and more scholars see the importance of legal culture and do studies on it. The author selects a number of American legal TV plays and movies; analyzes their topics, main characters, and plots; then finds out why United States adopt the legal system; what kind of legal culture it has; and how the legal culture is reflected in those movies and TV plays. The author hopes this thesis can work not only as an insight into the American legal culture, but also a source of reference for china to improve its legal system.

  4. 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.

  5. 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.

  6. Carrots and Sticks as Incentive Mechanisms for the Optimal Initiation of Insolvency Proceedings

    Directory of Open Access Journals (Sweden)

    Cepec Jaka

    2016-06-01

    Full Text Available The pursuit of ex-ante efficiency in bankruptcy law has been widely discussed in recent law and economics literature. However, the exact incentive mechanisms inducing the optimal commencement of bankruptcy proceedings have generally been exempted from the current scholarly debate. Using the law and economics tools and comparative analysis, this paper seeks to identify insolvency-specific optimal incentive mechanisms, while using the general theory on carrots and sticks in legal regulations. The paper suggests the employment of mixed-sticks-and-carrots incentive mechanisms for managers’ prompt proposals of insolvency proceedings as an optimal regulatory response. Moreover, the article provides comparative evidence that exclusive use of sticks or carrots in French, German, US, English, and Slovenian legal systems results in sub-optimal initiation of insolvency proceedings and may also induce adverse effects on prompt initiation.

  7. Public assistance, drug testing, and the law: the limits of population-based legal analysis.

    Science.gov (United States)

    Player, Candice T

    2014-01-01

    In Populations, Public Health and the Law, legal scholar Wendy Parmet urges courts to embrace population-based legal analysis, a public health inspired approach to legal reasoning. Parmet contends that population-based legal analysis offers a way to analyze legal issues--not unlike law and economics--as well as a set of values from which to critique contemporary legal discourse. Population-based analysis has been warmly embraced by the health law community as a bold new way of analyzing legal issues. Still, population-based analysis is not without its problems. At times, Parmet claims too much territory for the population perspective. Moreover, Parmet urges courts to recognize population health as an important norm in legal reasoning. What should we do when the insights of public health and conventional legal reasoning conflict? Still in its infancy, population-based analysis offers little in the way of answers to these questions. This Article applies population-based legal analysis to the constitutional problems that arise when states condition public assistance benefits on passing a drug test, thereby highlighting the strengths of the population perspective and exposing its weaknesses.

  8. 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.

  9. Legalized Abortion in Japan

    Science.gov (United States)

    Hart, Thomas M.

    1967-01-01

    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. PMID:6062283

  10. SPAM -- Technological and Legal Aspects

    CERN Document Server

    Banday, M Tariq

    2011-01-01

    In this paper an attempt is made to review technological, economical and legal aspects of the spam in detail. The technical details will include different techniques of spam control e.g., filtering techniques, Genetic Algorithm, Memory Based Classifier, Support Vector Machine Method, etc. The economic aspect includes Shaping/Rate Throttling Approach/Economic Filtering and Pricing/Payment based spam control. Finally, the paper discusses the legal provisions for the control of spam. The scope of the legal options is limited to USA, European Union, New Zealand, Canada, Britain and Australia.

  11. On the technique of legal expertise of the essence of changes in legislation

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2014-01-01

    Full Text Available Objective to create algorithms for the study of normative legal acts and their drafts in order to solve the problem in favor of which legal subjects the changes in the legal regulation of the relations are implemented. Methods universal dialecticmaterialistic formal dogmatic comparative analysis and synthesis. Results the method of legal expertise of changes in the legislation is proposed. The method is used to obtain an objective and verifiable conclusions about what social groups associations state agencies and their officials legal entities benefit from the changes introduced into the legal regulation of relations with their participation. Comments to the method are given. The analysis is described of the legal expertise of the Law of the Perm region of March 5 2013 № 173PK quotOn amendments to the Law of the Perm region quotOn additional measures of social support of certain categories of people awarded with the degree of Doctor of sciencequot of November 11 2009 № 538PK law edition of 29.11.2011 № 873PK. Scientific novelty a new type of legal examination of normative legal acts and their drafts is proposed. Practical value the technique allows to make objective and verifiable conclusions about in whose favour the legal regulation of social relations is changed as well as to to reveal the real objectives of the authors of normative legal acts drafts.

  12. 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

  13. Legal Facts and Dependence on Representations

    Directory of Open Access Journals (Sweden)

    Almäng Jan

    2016-03-01

    Full Text Available Barry Smith has recently argued against John Searle’s thesis that institutional facts exist because they are represented as existing in a certain community. Smith argues that institutional facts can exist even though they are not represented as existing and that institutional facts can fail to obtain even though they are represented as obtaining. In this paper it is argued that Smith’s challenge can be met for a certain class of legal facts. I argue that in order to solve the problem posed by Smith, we must distinguish between three different kinds of institutional facts and between three different kinds of representation which sustain their existence.

  14. 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.

  15. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang-zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consider-ation of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of foren-sic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteris-tics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its char-acteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods in-clude literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  16. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consideration of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of forensic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its characteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods include literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  17. The Albanian legal framework on non-discrimination and gender equality in employment relationships

    Directory of Open Access Journals (Sweden)

    Ilir Rusi

    2012-02-01

    Full Text Available The aim of this article is to present the concept of bankruptcy as a legal judicial procedure to be followed in case that the legal or natural person becomes insolvent. The paper is focused on the meaning of bankruptcy, the subjects of bankruptcy proceedings, causes for the opening of this proceeding, the competent court and its decision according to the law no.8901, dated 23.05.2002 “On bankruptcy” published in official Journal nr.31/2002. These article deals also with the organs of bankruptcy proceedings, administrator, meeting of creditors and methods of the conclusion of bankruptcy proceedings. A brief description of debtor’s possibilities during bankruptcy proceedings is given also in article. It deals with debtor’s closeout, rehabilitation/reorganization of the company and debtor’s liquidation. However, it should be noted that the bankruptcy procedure is a procedure not very widespread in our country, that due to the small number of cases before our courts. It also has to do with the fact that subjects rarely addressed the court.

  18. 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...

  19. The Legal System in China

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    @@ The present legal system dates back to the late 1970s. The Sino-Foreign Equity Joint Venture (JV) Law of 1979 was the first step towards creating laws to meet the changing political and economic landscape.

  20. 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.

  1. Several Legal Problems on Foreign Investment in the Construction of Central Plains Economic Zone%中原经济区建设背景下外商投资的若干法律问题

    Institute of Scientific and Technical Information of China (English)

    马志强

    2015-01-01

    Foreign investment is not only a complicate economic activity, but also a complex legal activity. Foreign investment is a “double-edged sword”, on one hand, the construction of Central Plains Economic Zone needs to attract a large number of foreign investments, and guide them to service for the sustainable de-velopment of Central Plains Economic Zone. On the other hand, the improper behavior of foreign investment can cause destruction for Central Plains Economic Zone. So, we should grasp the balance point of flexible or strict between foreign capital access and supervision. In addition, it is necessary to strengthen the intellectual property protection of foreign companies, especially the multinational corporations. Using the advantages of Central Plains Economic Zone, we should quicken the pace of attracting foreign capital in service industry.%外商投资既涉及复杂的经济活动,也涉及复杂的法律活动。外商投资是一把“双刃剑”,一方面,中原经济区建设需要大量吸引外商投资,引领外商投资为中原经济区的可持续发展服务;另一方面,外商投资中的不当行为又会给中原经济区的经济建设带来“麻烦”。因此,在外资准入和监管方面要把握宽严的平衡点。必须加大对外资企业尤其是跨国公司的知识产权保护力度。利用中原经济区的自身优势,加大服务业的引资步伐。

  2. [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.

  3. Quantum interaction. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Bruza, Peter [Queensland Univ. of Technology, Brisbane (Australia). Faculty of Science and Technology; Sofge, Donald [Navy Center for Applied Research in Artificial Intelligence, Washington, DC (United States). Naval Research Lab.; Lawless, William [Paine Coll., Augusta, GA (United States); Rijsbergen, Keith van [Glasgow Univ. (United Kingdom). Dept. of Computing Science; Klusch, Matthias (eds.) [German Research Center for Artificial Intelligence, Saarbruecken (Germany)

    2009-07-01

    This book constitutes the refereed proceedings of the Third International Symposium on Quantum Interaction, QI 2009, held in Saarbruecken, Germany, in March 2009. The 21 revised full papers presented together with the 3 position papers were carefully reviewed and selected from numerous submissions. The papers show the cross-disciplinary nature of quantum interaction covering topics such as computation, cognition, decision theory, information retrieval, information systems, social interaction, computational linguistics and finance. (orig.)

  4. Equalization of Legal Status with Respect to Gender

    Directory of Open Access Journals (Sweden)

    Nadezhda Tarusina

    2016-01-01

    Full Text Available This article discusses the current trends in Russian legal doctrine and legislation on aligning the legal status of women and men, taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights.It analyzes and critically reflects upon the gender aspects and content of those branches of Russian law in which such aspects are most clearly represented, either objectively or by tradition – techniques for gender neutralization of legal norms, the establishment of gender privileges and gender restrictions in legal status.Constitutional law: the basic premise of gender equality, preferential treatment for certain categories of citizens, gender limitations; problems of quotas for women’s representation in government, administration and other structures, provisions for women’s representation in party electoral lists, etc.Criminal Law: trends in the gender neutralization of crimes of a sexual nature while maintaining criminal responsibility for offenses against pregnant women, etc.; gender neutralization of preferential treatment in the punishment of persons with children.Family Law: Russia’s traditional view of marriage and parenthood; privileges for women in the divorce process, disputes about children, maintenance obligations; gender restrictions on adoption, assisted reproductive technologies; variants of gender neutralization of some family law norms.Labor law: the preservation of absolute protection of the rights and interests of pregnant women and mothers of young children; the trend for gender neutralization of the legal status of parents of young children; continued restrictions on women’s access to certain areas of work.Analysis of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights shows that on a number of gender equality aspects in Russian legislation and law enforcement practice, the views of these

  5. What Really Drives Advice Seeking Behaviour? Looking Beyond the Subject of Legal Disputes

    Directory of Open Access Journals (Sweden)

    Stian Reimers

    2011-10-01

    Full Text Available When faced with a broad range of justiciable problems, people seek advice for around half of them, and advice from lawyers on around 13% of occasions. Various factors have been found to link to advice seeking behaviour, but it is commonly recognized that problem type ‘swamps’ other factors. This study draws on an Internet survey of 1,031 respondents, aged between 16 and 66, in which respondents were presented with a range of problem scenarios and asked to place them on a severity scale, characterize them (as legal or otherwise and suggest an appropriate source of advice. The study assesses the impact of problem severity and legal characterization on the likelihood of identifying legal advice, advice sector advice or other advice as being appropriate. Even having controlled for problem type, both problem severity and characterization have a highly significant impact on adviser choice. As severity increases, so does the likelihood of suggesting legal advice is appropriate. Where problems are characterized as legal, there is a significant increase in the likelihood of suggesting a lawyer across problem types. However, choice of advice sector advice was relatively unaffected by characterization. The findings move us beyond problem type being the primary explanation of advice seeking behaviour, and are discussed in the context of legal service delivery as well as with reference to Felstiner et al’s model of disputing behaviour.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934140

  6. TARGETED SANCTIONS, JUDICIAL ANTAGONISM OR LEGAL DIALOGUE

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2014-05-01

    Full Text Available This piece begins by illustrating the current status of United Nations targeted sanctions regimes, from the formal point of view. It then proceeds to explain the mechanisms of listing and de-listing at the UN level, as well as the means by which UN Member States, and the European Union, implement these sanctions in their national (regional legal orders, and why the chosen means of implementation create potential situations where the states (the EU might find themselves in breach of differing international obligations. In the final part, the article shows how the major international European courts (the Court of Justice of the European Union and the European Court of Human Rights have dealt with this potential conflict, and posits that their approaches are very different and will have different consequences: i.e. whereas the CJEU has taken a militant approach, which threatens to damage the unity of international law, the ECtHR has taken an unitary approach, which strengthens the international system, while also promoting human rights over sanctions.

  7. Legal and Program Issues Related to Child Custody and Late Parents.

    Science.gov (United States)

    Southern Regional Education Board, Atlanta, GA. Training for Child Care Project.

    This bulletin, the third in a series on selected issues in day care, addresses two problems involving legal issues: (1) what are the implications for the day care program when parents or other legal guardians are involved in a dispute over the custody of children? and (2) what are the rights and responsibilities of day care programs when parents…

  8. Ensuring Human Rights and the Development of Legal Awareness of Juvenile Offenders in Closed Institutions

    Science.gov (United States)

    Pevtsova, Elena A.; Sapogov, Vladimir M.; Timofeev, Stanislav V.; Knyazeva, Elena Y.

    2016-01-01

    The relevance of the investigated problem is caused by the need to study the negative effects of juvenile offenders placement in places of social exclusion, violations of their social and legal development and effective methods of formation of socio-legal competence of students of closed type institutions. In this regard, this article aims to…

  9. Issues Bearing on the Legal Regulation of Violent and Sexually Violent Media.

    Science.gov (United States)

    Linz, Daniel; And Others

    1986-01-01

    Examines legal responses to the problem of media violence. Focuses on: (1) tension between evidence collected by social scientists and traditional First Amendment protections; and (2) legal actions against sexually violent materials to which social science research may be relevant. Suggests ways in which research may be most useful in establishing…

  10. A Basic Classification of Legal Institutions

    NARCIS (Netherlands)

    Ruiter, Dick W.P.

    1997-01-01

    The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former

  11. Legal Typewriting, Business Education: 7705.35.

    Science.gov (United States)

    Missirlian, Melanie

    The course is designed to help the student qualify for employment as a typist in a legal office. Instruction is given to enable the student to prepare all types of legal documents, spell and use legal terminology correctly, and transfer legal information from one document to another. The course description includes: (1) equipment and supplies, (2)…

  12. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

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

  13. 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.

  14. 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.

  15. 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.

  16. Sexual Harassment of Employees: Legal, Educational, and Ethical Significance.

    Science.gov (United States)

    Curcio, Joan L.; Milford, Amy C.

    1993-01-01

    Explores the legal, educational, and ethical significance of sexual harassment of employees in school settings. A review of case law is followed by perspectives of the sexual harassment experience and difficulties (such as lack of reporting) inherent in obtaining justice. Sexual harassment is a pandemic problem (really a power issue) that renders…

  17. Upholding Legal and Ethical Duties in the Age of Collaboration

    Science.gov (United States)

    Shapiro, Elika A.; Morgan, Kara Puklich; Wilde, Laura K.

    2008-01-01

    As public schools across the nation begin to implement the response to intervention (RTI) model of service delivery, school psychologists may find themselves in the difficult position of trying to balance the need to collaborate as part of a problem-solving team with their duty to uphold legal and ethical obligations surrounding informed consent…

  18. A Qualitative Evaluation of Medico-Legal Services in Gauteng ...

    African Journals Online (AJOL)

    A Qualitative Evaluation of Medico-Legal Services in Gauteng, South Africa: Service Accessibility and Quality of Care to Rape Survivors. ... women\\'s health and safety issues have highlighted the extent of the problem of rape in South Africa. ... in developing and improving service accessibility at district and regional levels, ...

  19. ECONOMIC AND LEGAL MECHANISMS TO COUNTER TERRORIST THREATS

    Directory of Open Access Journals (Sweden)

    G. V. Startsev

    2010-01-01

    Full Text Available Issues related to problems arising while using economic and legal facilities of counteraction to terroristic threats in Russian Federation A complex of. key national safety maintenance matters vital in modern conditions is analyzed. Particular attention is paid to economic and financial safety in interrelation with issues common to counteraction to organized and economic criminality, corruption and terrorism.

  20. Upholding Legal and Ethical Duties in the Age of Collaboration

    Science.gov (United States)

    Shapiro, Elika A.; Morgan, Kara Puklich; Wilde, Laura K.

    2008-01-01

    As public schools across the nation begin to implement the response to intervention (RTI) model of service delivery, school psychologists may find themselves in the difficult position of trying to balance the need to collaborate as part of a problem-solving team with their duty to uphold legal and ethical obligations surrounding informed consent…

  1. The Great Drug Debate: I. The Case for Legalization.

    Science.gov (United States)

    Nadelmann, Ethan A.

    1988-01-01

    Argues that current drug control policies are failing and that new proposals are even more costly and repressive. Contends that legalization would eliminate many drug-related problems and allow the government to redirect its efforts toward assistance and positive inducements. (FMW)

  2. 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.

  3. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2014-01-01

    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.

  4. Attitudes towards cannabis legalization in Iceland

    OpenAIRE

    Sigurbjörg Lára Kristinsdóttir 1991

    2016-01-01

    The debate on whether or not cannabis should be legalized has been growing in recent years. The legality of cannabis varies from country to country. Possession of cannabis have been decriminalized or legalized in numerous countries. The main aim of the present study was to examine both what characterizes those who are in favor of cannabis legalization and the potential effect on the community and cannabis consumption if cannabis would be legalized. The participants were 1198 obtained from an ...

  5. 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.

  6. 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.

  7. Framing a Knowledge Base for a Legal Expert System Dealing with Indeterminate Concepts

    Science.gov (United States)

    Araszkiewicz, Michał; Łopatkiewicz, Agata; Zienkiewicz, Adam; Zurek, Tomasz

    2015-01-01

    Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS) to support parents in drafting an agreement (the parenting plan) for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains. PMID:26495435

  8. Framing a Knowledge Base for a Legal Expert System Dealing with Indeterminate Concepts

    Directory of Open Access Journals (Sweden)

    Michał Araszkiewicz

    2015-01-01

    Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.

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

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

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

  10. The Terri Schiavo case: legal, ethical, and medical perspectives.

    Science.gov (United States)

    Perry, Joshua E; Churchill, Larry R; Kirshner, Howard S

    2005-11-15

    Although tragic, the plight of Terri Schiavo provides a valuable case study. The conflicts and misunderstandings surrounding her situation offer important lessons in medicine, law, and ethics. Despite media saturation and intense public interest, widespread confusion lingers regarding the diagnosis of persistent vegetative state, the judicial processes involved, and the appropriateness of the ethical framework used by those entrusted with Terri Schiavo's care. First, the authors review the current medical understanding of persistent vegetative state, including the requirements for patient examination, the differential diagnosis, and the practice guidelines of the American Academy of Neurology regarding artificial nutrition and hydration for patients with this diagnosis. Second, they examine the legal history, including the 2000 trial, the 2002 evidentiary hearing, and the subsequent appeals. The authors argue that the law did not fail Terri Schiavo, but produced the highest-quality evidence and provided the most judicial review of any end-of-life guardianship case in U.S. history. Third, they review alternative ethical frameworks for understanding the Terri Schiavo case and contend that the principle of respect for autonomy is paramount in this case and in similar cases. Far from being unusual, the manner in which Terri Schiavo's case was reviewed and the basis for the decision reflect a broad medical, legal, and ethical consensus. Greater clarity regarding the persistent vegetative state, less apprehension of the presumed mysteries of legal proceedings, and greater appreciation of the ethical principles at work are the chief benefits obtained from studying this provocative case.

  11. Issues of remedial development of forms in criminal proceedings

    Directory of Open Access Journals (Sweden)

    Tsyganenko Sergey, S.

    2015-12-01

    Full Text Available The paper deals with the main issues of the modern concept of the criminal proceeding differentiation in terms of new methodological and theoretical approaches - models of criminal justice and the theory of criminal procedural strategy. This draws attention to a trend to expand the scope of application in criminal proceedings, along with production and procedural forms of justice and law and technology. In connection with what is considered their place in the structure of modern criminal procedure, the application conditions and development prospects. For a long time in the theory of criminal systemology a key element in the process acted as a procedural form of normative-functional complex stages and phases of activity in the pre-trial and judicial parts of the criminal justice system. Its mission has been focused on the achievement of major milestones in the implementation of justice, which, ultimately, are expressed in establishing the truth in the case. Thus, there was a two-element mechanism consisting of pre-trial proceedings, due to the need to solve the crime and bringing charges and proceedings, consisting primarily of the trial based on the principles of justice. This order, established regulations, is unified - it is equally applied to all categories of criminal cases and with all the procedural authorities. Modern criminal procedure is a differentiated form in which, along with established procedural steps and process of production, and has been actively used legal procedural technology.

  12. 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

  13. 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

  14. La technologie ADN dans la justice pénale : une illustration de la recomposition de l’action de la justice par la science, la technique et l’expertise ? The DNA Technology in Criminal Justice: An Example of how the Interweaving of Science, Technology and Expertise Impacts on Legal Proceedings.

    Directory of Open Access Journals (Sweden)

    Bertrand Renard

    2011-10-01

    Full Text Available Le recours à l’ADN dans le processus judiciaire pénal s’est progressivement développé pour devenir en moins de 20 ans l’une des ressources scientifiques les moins contestées de la justice pénale. Cette forme d’autorité acquise en un temps assez court invite à se pencher sur les conditions sociales de l’émergence de l’ADN et de son utilisation comme élément de preuve en contexte judiciaire. Comment et dans quelle mesure l’ADN est-il endogénéisé, par le biais de l’expertise judiciaire, dans la justice et quels en sont les effets sur les raisonnements et les pratiques judiciaires ? Il convient, pour le savoir, de décrire et d’analyser les pratiques sociales relatives à l’identification par analyse génétique (IAG en justice pénale, qui sont ce par quoi l’action judiciaire intègre des éléments technologiques et les « digère ». Pour ce faire, l’article procède d’une démarche en trois temps, en illustrant d’abord l’intérêt d’ouvrir la boîte noire du travail de l’expert en IAG et en montrant ensuite à quel point l’intégration des dimensions scientifiques dans l’élaboration du droit se révèle difficile. Sur cette base enfin, l’auteur tire quelques enseignements sur les relations qu’entretiennent droit et science dans ce contexte d’un usage technologique au sein de l’action judiciaire pénale.In less than 20 years, the use of DNA has progressively increased and is now considered as one of the less problematic scientific resources in the judicial criminal process. The fact that this new form of authority has been accepted relatively quickly raises the question of the social conditions of its use as an element of proof in judicial context. How and to which extent DNA has been integrated in the legal process and has impacted on the legal reasoning and practices? What kind of role judicial experts and forensic scientists have played to translate and integrate this part of

  15. Rural Poverty and the Law in Southern Colorado. American Bar Foundation Series on Legal Services for the Poor.

    Science.gov (United States)

    American Bar Foundation, Chicago, IL.

    Legal problems of the rural poor in 2 counties of southern Colorado (Conejos and Costilla) are examined in this 1970 report. The empirical research for this project consisted of 3 phases: (1) determination (by questionnaire) of attitudes of rural Colorado attorneys toward the legal problems of the indigenous poor; (2) the use of unstructured…

  16. 2015 Brainhack Proceedings

    OpenAIRE

    Pierre Bellec; Daniel S. Margules; AmanPreet Badhwar; David Kennedy; Jean-Baptiste Poline; Roberto Toro; Ben Cipollini; Ariel Rokem; Daniel Clark; Cécile Madjar; Ayan Sengupta; Zia Mohades; Sebastien Dery; Weiran Deng; Eric Earl

    2016-01-01

    Table of contents I1 Introduction to the 2015 Brainhack Proceedings R. Cameron Craddock, Pierre Bellec, Daniel S. Margules, B. Nolan Nichols, Jörg P. Pfannmöller A1 Distributed collaboration: the case for the enhancement of Brainspell’s interface AmanPreet Badhwar, David Kennedy, Jean-Baptiste Poline, Roberto Toro A2 Advancing open science through NiData Ben Cipollini, Ariel Rokem A3 Integrating the Brain Imaging Data Structure (BIDS) standard into C-PAC Daniel Clark, Krzysztof J. Gorgolewski...

  17. 2015 Brainhack Proceedings

    OpenAIRE

    2016-01-01

    Table of contents I1 Introduction to the 2015 Brainhack Proceedings R. Cameron Craddock, Pierre Bellec, Daniel S. Margules, B. Nolan Nichols, Jörg P. Pfannmöller A1 Distributed collaboration: the case for the enhancement of Brainspell’s interface AmanPreet Badhwar, David Kennedy, Jean-Baptiste Poline, Roberto Toro A2 Advancing open science through NiData Ben Cipollini, Ariel Rokem A3 Integrating the Brain Imaging Data Structure (BIDS) standard into C-PAC Daniel Clark, Krzysztof J. Gorgolewski...

  18. To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

    OpenAIRE

    Tomas A. Lipinski

    2002-01-01

    This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections.  First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has alte...

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

    Energy Technology Data Exchange (ETDEWEB)

    1978-01-01

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

  20. 非法入境问题的公安治理及法制措施--基于吉林省辖内朝鲜公民案例分析%Public Security Managment and Legal Measures of Illegal Immigration Problem

    Institute of Scientific and Technical Information of China (English)

    孙琳

    2015-01-01

    跨国边境的非法入境问题,一直是公安机关及相关政府部门在履行职责过程中遇到的棘手问题,它涉及到人民群众人身财产安全保障、社会经济人口管理、社会稳定秩序维系、法制尊严与权威维护以及国际关系建立等诸多复杂的因素。妥善处理非法入境问题始终是各级政府和公安机关需要严阵以待的工作任务,尤其在地处边境的地区。吉林省与朝鲜毗邻,朝鲜公民非法入境的现象较为严重。应在深入了解吉林省辖内朝鲜公民非法入境现状和问题的基础上,提出应对非法入境问题的公安治理及法制措施,并对实践工作提供有益的理论指导。%Illegal immigration is a difficult problem that public security organs and relevant government departments are faced with in the process of performing duties,involving people’s personal property security,social and economic management,social stability and order,legal dignity and authority maintenance,even international relations and many other complex factors.Properly dealing with these issues is an important task for all levels of government and public security organs;especially in border areas,these are difficult prob-lems for public security management.The phenomenon of illegal entry of North Korea citizens in Jilin province is rather serious.Based on the analysis of illegal immigration status and problem of North Korean citizens in Jilin province,the paper puts forward relevant pub-lic security management and legal measures to provide references for practical works.

  1. Accountable care organizations: legal concerns.

    Science.gov (United States)

    Sanbar, S Sandy

    2011-01-01

    The Accountable Care Organizations (ACOs) shared savings program has serious concerns about anti-trust and anti-fraud laws. Additionally, ACOs present several other legal concerns relating to the duties and responsibilities of the physician-hospital partnership. The federal regulations hold physicians who participate in the ACO shared savings program to the highest standards of care without offering them protection from liability. The structure and procedures required of ACOs may be detrimental and may significantly impact the liability of its contracting physicians. Therefore, it behooves physicians to obtain legal advice regarding one's estate planning and legal asset protection or wealth management techniques, and to thoroughly review the agreement with one's attorney before signing a contract with an ACO.

  2. Language Standardization Problems Spotted in "CCTV News", "Legal Report", and "Avenue of Stars" during the Putonghua Promotion Week%推普周期间电视语言规范问题研究——以央视新闻类、专题类、综艺类节目为例

    Institute of Scientific and Technical Information of China (English)

    卢迪迪

    2012-01-01

    本文对2011年第十四届推普周期间中央电视台《新闻联播》《今日说法》《星光大道》进行调查,统计分析其出现的语言问题并指出原因及解决办法,旨在更有针对性地研究电视语言问题,提升播音员主持人的规范意识,进一步提高电视语言的规范性。%It is known to all that CCTV serves as the role model for the whole media to follow and is always at the front of language standardization. Moreover, although it plays an important role in standardizing the social language, there is some room for improvement. This article takes Xinwen Lianbo (CCTV News), Jinri Shuofa (Legal Report) and Xinguang Dadao (Avenue of Stars) as examples, by analyzing the language problems of which in the week of promoting putonghua in 2011, the causes and countermeasures are provided so as to improve the standardization of broadcasters and presenters. Furthermore, it may contribute to better understanding of TV language problems.

  3. Legal aspects of Russian political agency in the emirate of Bukhara (cross over review)

    OpenAIRE

    KLICHEV OYBEK ABDURASULOVICH

    2016-01-01

    In article the agency in Bukhara is considered questions legal aspects Russian political. Including in article are studied question are connected with appointment of political agents and their office problems

  4. Proceedings of conference on geothermal energy and the law

    Energy Technology Data Exchange (ETDEWEB)

    Stone, C.D.

    1975-01-01

    Work group reports are presented for the following problem areas: legal and other institutional barriers complicating efforts at the earliest stages of geothermal development; the perspective of potential investors and the connection with specific uncertainties in the legal environment; preserving the interests of the government, the public generally, and the private geothermal lessors; the various water law conflicts, including potential conflicts between users of water in geothermal production and users of water for other purposes; jurisdictional conflict and overlapping administration; and problems of utilities and dependent users. (MHR)

  5. Knowledge discovery from legal databases

    CERN Document Server

    Stranieri, Andrew; Schauer, Frederick

    2006-01-01

    Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit.  Issues such as the selection of commonplace cases, the use of discretion as a form

  6. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...... patterns and family life among Pakistani immigrants but also have long- lasting effects on the relationship between minorities and majorities in Denmark....

  7. The Relationship between EU Legal Order and Albanian Legal Order

    Directory of Open Access Journals (Sweden)

    Merisë Rukaj

    2015-07-01

    Full Text Available This paper is an analysis of the interaction of Community law with the national law and in particular the ratio between Community - Albanian law. Main purpose of this paper is to clarify the position of the international legal order and in particular that of the Community in the Albanian legal regulated by constitutional provisions. During the analysis of the interaction between the Community and the Albanian law a question arises in case of a conflictual confrontation between the two legal systems, which one will be applied? Such situation always occurs in the cases when a provision of EU law transfers the rights and imposes direct obligations to the citizens of the EU while the content of this provision collides with the rule of national law. To resolve such a situation, the Republic of Albania has held a definite stance: bigotry retains superiority of international versus national law, positioning it in the hierarchy of sources of law immediately after the Constitution of the Republic of Albania. It is clear that the Albanian constitution legislators have been aware of their European perspective and for this fact the EU law and its legal order can survive only if compliance and protection is guaranteed by two cornerstones: direct applicability of Community law and the advantage of Community law over national law. They are two fundamental principles of European law which guarantee the implementation of the uniform and priority of the right of the EU in all Member States.

  8. Legal theory, legal practice and drama (1200-1600)

    NARCIS (Netherlands)

    Bouhaïk-Gironès, M.; Gabay, S.; Koopmans, J.; Lavéant, K.

    2011-01-01

    Theatre and the law always have a complex relationship. An analysis of French legal sources from the Middle Ages and the early modern period clearly points to the tension between the conceptual and the practical sides of drama. Three main issues will be addressed: codification by the Church, what no

  9. Competitive legal professionals' use of technology in legal practice ...

    African Journals Online (AJOL)

    Tanya du Plessis

    KM systems and strategies can support the legal research process, and what the benefits of KM are to .... c) Planning and developing a search strategy; d) Applying different approaches to formulating a .... that is the basis for a new law firm marketing strategy. Moreover ... This not only includes the basic skills, for instance ...

  10. Do organizational and political-legal arrangements explain financial wrongdoing?

    Science.gov (United States)

    Prechel, Harland; Zheng, Lu

    2016-12-01

    The 2008 financial crisis was a systemic problem with deep-rooted structural causes that created opportunities to engage in financial malfeasance, a form of corporate wrongdoing. However, few quantitative studies exist on the effects of organizational and political-legal arrangements on financial malfeasance. In this paper, we examine the effects of organizational and political-legal arrangements that emerged in the 1990s in the FIRE sector (i.e., financial, insurance, and real estate) on financial malfeasance. Our historical contextualization demonstrates how changes in the political-legal arrangements facilitate the emergence of new corporate structures and opportunities for financial malfeasance. Our longitudinal quantitative analysis demonstrates that US FIRE sector corporations with a more complex organizational structure, larger size, lower dividend payment, and higher executive compensation are more prone to commit financial malfeasance. © London School of Economics and Political Science 2016.

  11. Tuskegee redux: evolution of legal mandates for human experimentation.

    Science.gov (United States)

    Levine, Robert S; Williams, Jamila C; Kilbourne, Barbara A; Juarez, Paul D

    2012-11-01

    Human health experiments systematically expose people to conditions beyond the boundaries of medical evidence. Such experiments have included legal-medical collaboration, exemplified in the U.S. by the Public Health Service (PHS) Syphilis Study (Tuskegee). That medical experiment was legal, conforming to segregationist protocols and specific legislative authorization which excluded a selected group of African Americans from any medical protection from syphilis. Subsequent corrective action outlawed unethical medical experiments but did not address other forms of collaboration, including PHS submission to laws which may have placed African American women at increased risk from AIDS and breast cancer. Today, anti-lobbying law makes it a felony for PHS workers to openly challenge legally anointed suspension of medical evidence. African Americans and other vulnerable populations may thereby face excess risks-not only from cancer, but also from motor vehicle crashes, firearm assault, end stage renal disease, and other problems-with PHS workers as silent partners.

  12. DIFFICULTIES AND STRATEGIES IN THE PROCESS OF LEGAL TEXTS TRANSLATION

    Directory of Open Access Journals (Sweden)

    Adela-Elena, DUMITRESCU

    2014-11-01

    Full Text Available This article aims to identify the difficulties and find approaches in translating legal texts which involve a lot of different types of translation problems. The translator has the task to discover proper strategies to render the translated text comprehensible for the reader in the target language simultaneously reflecting the unique character of the legal system from the source language country. Some of the necessary strategies which the translator should take into account are: the borrowing of original terms, the naturalization of specific terms into the target language, the language calques usage, or the introduction of descriptive translation. Even if a translator tries to solve any difficulty when he translates a legal text, he must maintain the source culture characteristics and do not deprive the texts of their specific character.

  13. Major Problem and Legal Regulation of Soil Heavy Metals Pollution Prevention and Control%防治土壤重金属污染面临的主要问题及法律规制

    Institute of Scientific and Technical Information of China (English)

    李元吉; 王有强

    2015-01-01

    近几年新闻媒体曝光了“毒大米”、“血铅超标”等一批土壤重金属污染致害事件。我国在土壤重金属污染防治工作中,长期以来没有重视土壤重金属污染的特性以及针对这些特性制定相应的法律规范,因此,现如今面临两大困扰:一是历史遗留问题全面爆发;二是缺乏相应法律规制。可以通过借鉴美国“超级基金”制度来建设我国自己的“超级基金”以解决受污染土地的治理问题,同时转变立法导向,重新制定符合重金属污染特征的环境保护标准以实现对土壤重金属污染的规制。%“Poison rice”and “Lead poisoning”was caused by soil heavy metals pollution is exposed by news media recently. Our country does not pay attention to the characteristic of soil heavy metals pollution and establishment law in soil heavy metals pollution prevention and control,which caused two problems:problems left over by history and pollution is the lack of regulation.Our country need learning from the USA Superfund program and set up our Superfund to improvement contaminated land,and regulate the pollution through new legislative direction and new environmental standard which conform to the characteristic of soil heavy metals pollution.

  14. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

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

  15. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    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...... 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...

  16. 75 FR 28223 - Simplified Proceedings

    Science.gov (United States)

    2010-05-20

    ... HEALTH REVIEW COMMISSION 29 CFR Part 2700 Simplified Proceedings AGENCY: Federal Mine Safety and Health... proposing a rule to simplify the procedures for handling certain civil penalty proceedings. DATES: Written... three copies of their comments. Electronic comments should state ``Comments on Simplified...

  17. Sexual harassment in the medical profession: legal and ethical responsibilities.

    Science.gov (United States)

    Mathews, Ben; Bismark, Marie M

    2015-08-17

    Sexual harassment of women in medicine has become a subject of national debate after a senior female surgeon stated that if a woman complained of unwanted advances her career would be jeopardised, and subsequent reports suggest that sexual harassment is a serious problem in the medical profession. Sexual harassment of women in the medical profession by their colleagues presents substantial legal, ethical and cultural questions for the profession. Women have enforceable legal rights to gender equality and freedom from sexual harassment in the workplace. Both individual offenders and employers face significant legal consequences for sexual harassment in every Australian state and territory, and individual medical practitioners and employers need to understand their legal and ethical rights and responsibilities in this context. An individual offender may be personally liable for criminal offences, and for breaching anti-discrimination legislation, duties owed in civil law, professional standards and codes of conduct. An employer may be liable for breaching anti-discrimination legislation, workplace safety laws, duties owed in contract law, and a duty of care owed to the employee. Employers, professional colleges and associations, and regulators should use this national debate as an opportunity to improve gender equality and professional culture in medicine; individuals and employers have clear legal and ethical obligations to minimise sexual harassment to the greatest extent possible.

  18. Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States.

    Science.gov (United States)

    Randall, Lisa H; Curran, Eileen A; Omer, Saad B

    2013-04-03

    Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.

  19. The Young Adult and Intellectual Freedom. Proceedings of an Institute (University of Wisconsin, June 14-18, 1976).

    Science.gov (United States)

    Woodworth, Mary L.

    The proceedings of this 1976 University of Wisconsin Institute contain the texts of 19 presentations about the young adult and intellectual freedom. Papers cover the areas of: (1) censorship - overview, in film, science, humanities, and schools; (2) legal aspects; (3) realistic adult novels; (4) transitional novels; (5) evolutionists and…

  20. Epigenetics and Child Psychiatry: Ethical and Legal Issues.

    Science.gov (United States)

    Thomas, Christopher R

    2015-10-01

    Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

  1. The Legal Framework for Regionalization of Romania

    Directory of Open Access Journals (Sweden)

    Ion Popescu-Slăniceanu

    2013-05-01

    Full Text Available Deepening relationships and interdependencies today between states and other participants in international relations, globalization issues and solutions, acceleration of socio-political phenomena bring new problems to the people.Among the issues at the heart of contemporary research interest is public law and relative to new forms of international cooperation, development cooperation and regional integration at the state and sovereignty, the need for democratic values, the development of local autonomy, the rights human. In Romania, regional experiences, in different forms, dating back to the interwar period. Currently, the institutional framework, objectives, powers and instruments of regional development policy in Romania was established by Law no. 315/2004 on regional development in Romania, but not developing regions and municipalities have no legal personality and therefore be a reform aimed at regionalization of Romania. Under the provisions of article 3, 1 of the Constitution, republished, Romanian territory is organized administratively into communes, towns and counties. It is therefore necessary to amend the Constitution in order to create the legal framework for regionalization constitutional Romania and then passing bills related to regionalization and administrative decentralization to properly delineate the respective responsibilities of administrative units in Romania.

  2. The curious case of legal translation

    Directory of Open Access Journals (Sweden)

    E. Cornelius

    2011-06-01

    Full Text Available This article explores the nature and scope of legal translation which is an under-researched area in South Africa. In this article the author predicts that the demand for competent legal translators will increase in the future, evidenced by a recent call by the Department of Justice and Constitutional Development(DoJ&CD, inviting applications for ten positions for “legislative language practitioners”. However, legal translation differs substantially from general translation in the sense that legal translation is subject to heavy restrictions at all levels and legal considerations are of paramount importance in a country such as South Africa, which provides for eleven official languages. Legal translation involves different legal languages, different legal systems and different cultural systems that require specialised knowledge and skills of the translator. The aim of this article is to investigate the core competencies and skills the legal translator must have; to consider the balance between legal competence and translation or linguistic competence; and to propose a discourse-analytical method of source text analysis, developed by Bhatia as a simplification strategy, as this may be a powerful tool in the training of legal translators in South Africa. Recent developments in South Africa relating to the Department of Arts and Culture’s obligation to translate legislation into all official languages, have important consequences for legal translation in general and the training of legal translators in particular.

  3. 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)

  4. [Legal aspects of ritual circumcision].

    Science.gov (United States)

    Schreiber, M; Schott, G E; Rascher, W; Bender, A W

    2009-12-01

    Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out - be it for medical or ritual reasons - without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.

  5. Legal Issues in Nursing Homes.

    Science.gov (United States)

    Kapp, Marshall B.

    This paper examines the variety of legal rules and processes which have been established to assess and ensure that the quality of care provided in nursing homes satisfies an acceptable level. It begins with a general overview of nursing home law. Areas discussed in this section include: (1) sources of nursing home law; (2) theories of liability;…

  6. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

    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...

  7. Legal restrictions and Investment Growth

    NARCIS (Netherlands)

    Lensink, B.W.; Scholtens, B.

    2007-01-01

    We analyze the impact of legal restrictions on investment growth at the firm level. With the help of a unique firm-level survey database, we analyze whether firm investments are related to the efficiency and quality of the judiciary. Furthermore, we analyze whether the investment behavior of large a

  8. Legal restrictions and investment growth

    NARCIS (Netherlands)

    Lensink, B.W.; Scholtens, B.

    2007-01-01

    We analyze the impact of legal restrictions on investment growth at the firm level. With the help of a unique firm-level survey database, we analyze whether firm investments are related to the efficiency and quality of the judiciary, Furthermore, we analyze whether the investment behavior of large a

  9. 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...

  10. Proceedings of the switched power workshop

    Energy Technology Data Exchange (ETDEWEB)

    Fernow, R.C. (ed.)

    1988-01-01

    These proceedings contain most of the presentations given at a workshop on the current state of research in techniques for switched power acceleration. The proceedings are divided, as was the workshop itself, into two parts. Part 1, contains the latest results from a number of groups active in switched power research. The major topic here is a method for switching externally supplied power onto a transmission line. Advocates for vacuum photodiode switching, solid state switching, gas switching, and synthetic pulse generation are all presented. Other important areas of research described in this section concern: external electrical and laser pulsing systems; the properties of the created electromagnetic pulse; structures used for transporting the electromagnetic pulse to the region where the electron beam is located; and possible applications. Part 2 of the proceedings considers the problem of designing a high brightness electron gun using switched power as the power source. This is an important first step in demonstrating the usefulness of switched power techniques for accelerator physics. In addition such a gun could have immediate practical importance for advanced acceleration studies since the brightness could exceed that of present sources by several orders of magnitude. I would like to take this opportunity to thank Kathleen Tuohy and Patricia Tuttle for their assistance in organizing and running the workshop. Their tireless efforts contribute greatly to a very productive meeting.

  11. Mixed waste: Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Moghissi, A.A.; Blauvelt, R.K.; Benda, G.A.; Rothermich, N.E. [eds.] [Temple Univ., Philadelphia, PA (United States). Dept. of Environmental Safety and Health

    1993-12-31

    This volume contains the peer-reviewed and edited versions of papers submitted for presentation a the Second International Mixed Waste Symposium. Following the tradition of the First International Mixed Waste Symposium, these proceedings were prepared in advance of the meeting for distribution to participants. The symposium was organized by the Mixed Waste Committee of the American Society of Mechanical Engineers. The topics discussed at the symposium include: stabilization technologies, alternative treatment technologies, regulatory issues, vitrification technologies, characterization of wastes, thermal technologies, laboratory and analytical issues, waste storage and disposal, organic treatment technologies, waste minimization, packaging and transportation, treatment of mercury contaminated wastes and bioprocessing, and environmental restoration. Individual abstracts are catalogued separately for the data base.

  12. Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators

    Directory of Open Access Journals (Sweden)

    Muntaha A. Abdulwahid

    2017-01-01

    Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.

  13. Should UK law reconsider the initial threshold of legal personality? A critical analysis.

    Science.gov (United States)

    Nixon, David J

    2010-01-01

    At present UK Law states that the unborn child only becomes a legal person invested with legal rights and full protections, like other human persons, at birth. This article critiques the present legal position of setting the threshold for legal personality at birth, showing its inconsistencies and fundamentally pragmatic basis. Against this background, it is argued that a principled approach towards unborn life is necessary, which reflects in law the reality that the unborn child is a type of human person deserving protection as it develops through the continuum of human personhood--from embryonic personhood, to infant personhood and ultimately into adult personhood Human personhood is defined as a union of a material and immaterial self meaning that at every stage of their development they are never a "potential person," but rather a "person with potential" even if it is not actualized through miscarriage, premature death, or disability. This moral and philosophical reasoning is what justifies protecting the sanctity of unborn life in law. The rest of the article explores and critiques the alternative static legal threshold for ascribing legal personality, at conception, implantation and viability. Having considered the practical moral, legal and philosophical problems of these alternatives; the final proposal for law reform combines all three of these thresholds in a proposal for a "dynamic" threshold for legal personality commencing at conception, which would render birth as an irrelevant threshold for moral and legal reasoning about the unborn.

  14. 农村土地“以租代征”问题的法律研究%A Legal Study of "Lease Instead of Expropriation" Problem in Countryside

    Institute of Scientific and Technical Information of China (English)

    杨世建

    2012-01-01

    农村土地"以租代征"之所以屡禁不止,根源在于建设用地的国家管理制度。根据该制度,除兴办乡镇企业、乡镇公共事业等可以使用集体土地外,所有建设用地均需使用国有土地,然而,国有土地不仅指标有限,而且还要经过繁琐的转用审批手续和支付高昂的土地出让金,很多农村企业无力承担用地成本。因此,一律要求所有建设用地均使用国有土地,势必对农村的个体企业、私营企业造成事实歧视。为合理解决"以租代征"问题,应当考虑修改《土地管理法》,允许集体土地自由进入建设用地市场,同时鼓励中小企业与土地权利人通过市场交易方式实现建设用地自由流转,只有在市场交易失败时,国家才能强制征地。%It failed to prohibit "lease instead of expropriation" problem in countryside due to the national governance system of land for construction use.According to the system,state-owned land resources should be used for land construction except for township enterprises,township public utility,etc.,which can make use of collective land.However,there are many township enterprises can not afford the cost of land because of the limited state-owned land resources and the complicated approval procedures and high pay for land-transferring fees.Therefore,if all enterprises,including private and private-owned ones,are asked to use state-owned land for their production so that they would be treated unequally.In order to solve "lease instead of expropriation" problem,it is necessary to consider to implement Land Management Law to allow collective land be part of constructive land market freely,meanwhile,encourage small and medium sized enterprises trade with the land owner through market transaction.State can only take coercive measures to expropriate land if the market transaction fails.

  15. International Legal Concept of Environmentally Sustainable Cities

    Directory of Open Access Journals (Sweden)

    Mikhail N. Kopylov

    2015-12-01

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

  16. Analysis of Fuzzy Words in Legal English

    Institute of Scientific and Technical Information of China (English)

    赵波

    2015-01-01

    With the development of legal English,fuzzy words are poured into legislative language and judicial practice constantly.Hence,this paper aims at exploring the application and funtion of different kinds of fuzzy words in legal English.

  17. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  18. Recycling technologies and market opportunities: Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Goland, A.N.; Petrakis, L. [eds.

    1993-09-20

    These proceedings are the result of our collective effort to meet that challenge. They reflect the dedication and commitment of many people in government, academia, the private sector and national laboratories to finding practical solutions to one of the most pressing problems of our time -- how to deal effectively with the growing waste s that is the product of our affluent industrial society. The Conference was successful in providing a clear picture of the scope of the problem and of the great potential that recycling holds for enhancing economic development while at the same time, having a significant positive impact on the waste management problem. That success was due in large measure to the enthusiastic response of our panelists to our invitation to participate and share their expertise with us.

  19. The New Insolvency Law and Governance of Corporate Legal Person

    Institute of Scientific and Technical Information of China (English)

    WANG Weiguo

    2006-01-01

    Start of the insolvency proceedings influences the two basic problems of corporate governance:restriction about the "soft budget" of corporation and "information asymmetry"between the interior and exterior person.In fact,the insolvency law is a mechanism of the potential exterior supervision.In the insolvency proceedings,most of the information is open to the creditor and to the superintendent,who is liable for protecting the interest of the creditor.The key problems of corporate governance are transparency and information disclosure.The insolvency law provides the power of supervision to the creditor when corporation insolvency.Of importance is that power is conducted by collectivity and supported by judicatory and professional organization.In June 2004,the finance committee submitted the new draft of the insolvency law to the standing committee of the national people's congress.There are many articles about corporate governance.These articles are generally divided into two kinds,one is restriction on conduct of the supervisors in the period of the insolvency proceedings,and the other is examination of the conduct before the start of the insolvency proceedings.

  20. Important Problem in Construction of Legal System---On Public Opinions Guidance in News Aid%法制建设的一个重要问题--论新闻援助的舆论引导

    Institute of Scientific and Technical Information of China (English)

    田华

    2014-01-01

    In the news aid report of “twelve years old girl to give birth in Hunan”some news media un-der the cover of complying with the public opinion reported news for news′sake and attracted a large media crowd ,which result in forced public opinions .This is not only an excursion from the media re-sponsibility resulting from maximizing the economic benefits ,but also is related to vulnerable groups′seeking help and audience being keen to watch the fun .In order to give full play to the advantages of news aid in showing social positive energy and contributing to solving problems of vulnerable groups , new s media and its practitioners should not only adhere to the law s of new s and be strict in new s selec-tion ,but also insist on ethical reports with humane care .%在对“湖南十二岁幼女产子”事件的新闻援助报道中,一些媒体在顺应民意的掩护下,为了新闻而新闻,形成大规模的媒体围观,进而导致舆论倒逼现象的出现。这既是媒体追求经济利益最大化导致的媒体责任偏移,也与弱势群体寻求帮助、受众热衷于看热闹有关。要充分发挥新闻援助彰显社会正能量、促成弱势群体问题的解决等优势,新闻媒体及其从业人员不但要坚持新闻规律严把新闻选择关,而且要坚持人文关怀进行合乎伦理的报道。

  1. Legal issues in clinical nursing education.

    Science.gov (United States)

    Patton, Carla Wheeler; Lewallen, Lynne Porter

    2015-01-01

    Nurse educators are concerned about legal implications of teaching students in clinical settings. Although literature is available about legal issues in working with students in the classroom, there is little recent information on clinical nursing faculty's legal liability when working with students and ways to reduce the risk of becoming involved in a lawsuit. This article discusses the major issues in clinical settings that contribute to lawsuits against faculty and offers suggestions to reduce legal liability with students in clinical settings.

  2. Foreign and Russian legal psychology: meeting in St. Petersburg

    Directory of Open Access Journals (Sweden)

    Dozortseva E.G.

    2016-01-01

    Full Text Available 24 - 27 June 2014 in St. Petersburg state University hosted the conference of the European Association of Psychology and Law (EAPL "Actual problems of legal psychology. Victims and witnesses: from research to effective practice". The conference was attended by over 330 professionals from 24 countries, making it the largest international forum on legal psychology in Russia. Special symposia were dedicated to an outstanding scientist working in the field of forensic psychology in the Netherlands and Russia, - V. A. Wagenaar and M. M. Kochenova. 42 thematic sessions presentations were made, covering all areas of legal psychology. For the first time foreign colleagues and national experts had the opportunity to get acquainted with the issues and each other's experiences in this volume. Great attention was paid to the issues of memory, true and false memories, lie detection, of investigation of serial crimes. A feature of the conference was the active participation not only of psychologists but also of lawyers, who presented his view of psychological problems in a legal context. Currently is working on a book, a collection of papers following the conference.

  3. DNA paternity tests in Spain without the mother's consent: the legal responsibility of the laboratories.

    Science.gov (United States)

    Barrot, C; Sánchez, C; Ortega, M; De Alcaraz-Fossoul, J; Carreras, C; Medallo, J; Bono, N; Royes, A; Gené, M

    2014-01-01

    It is technically feasible to perform paternity diagnosis testing solely involving an alleged father and his descendent. However, there are serious legal and ethical problems for forensic genetics laboratories when it comes to paternity testing cases for investigating the alleged father-child relationship if the biological mother has not given consent to access her genetic information. Based on the Spanish Constitution, the new Code of Ethics of the Spanish Medical Association includes several articles on studies about genetic information and their acceptance by all the individuals involved. This problem is greater when the child is a minor, mentally incapacitated or psychologically incapable, because current Spanish law requires informed consent from legal representatives, but the law does not typify what happens when one parent gives consent (the putative father) and the other parent (the mother) does not agree. The aim of this study is to put forward legal solutions to avoid potential legal problems.

  4. [Animal experiments: legal, scientific and ethical aspects].

    Science.gov (United States)

    Houvenaghel, A

    2000-01-01

    Among the legal aspects the following topics are treated: the definitions of an experimental animal, an animal experiment and alternative methods with special reference to the 3 R's (replacement, reduction and refinement of animal experiments); the qualifications, education and training of researchers and animal technicians; the licence for animal experimentation; the control on animal welfare; the origin and identification of experimental animals; statistical data on the number of experimental animals; ethics committees and their structure and functions in The Netherlands and Flanders. Extrapolation, species specificity and variability are the most important scientific limitations of animal experimentation. After a short historical survey on the man-animal relation, the following ethical aspects are discussed: the instrumental versus intrinsic value of an experimental animal; the hybrid status of the animal; the objectives of animal rights movements; the balance between the human benefit of an animal experiment and the discomfort for the animal; the problem of animal rights and animal suffering and pain.

  5. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    A. Boer; T. van Engers

    2013-01-01

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

  6. Prospective Educators' Knowledge of Children's Legal Rights.

    Science.gov (United States)

    Mcloughlin, Caven S.; And Others

    1983-01-01

    Prospective educators' knowledge of children's legal rights in several areas was assessed. Results indicated limited legal knowledge and some misconceptions about the law. The need for colleges of education to adapt their curricula to include legal issues is discussed. (Author/DWH)

  7. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

  8. A Storytelling Learning Model for Legal Education

    Science.gov (United States)

    Capuano, Nicola; De Maio, Carmen; Gaeta, Angelo; Mangione, Giuseppina Rita; Salerno, Saverio; Fratesi, Eleonora

    2014-01-01

    The purpose of this paper is to describe a learning model based on "Storytelling" and its application in the context of legal education helping build challenging training resources that explain, to common citizens with little or no background about legal topics, concepts related to "Legal Mediation" in general and in specific…

  9. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  10. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  11. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  12. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

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

  13. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

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

  15. 75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

    Science.gov (United States)

    2010-08-13

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations Cleveland Office... Assistance on June 22, 2010, applicable to workers of Thomson Reuters Legal, Legal Editorial Operations... unemployment insurance (UI) tax account under the name West Publishing Corporation, a Thomson Reuters...

  16. Legal pluralism and the continuing quest for legal certainty in Ecuador: A case study from the Andean Highlands

    Directory of Open Access Journals (Sweden)

    Marc Simon Thomas

    2012-12-01

    Full Text Available In 1998 Ecuador constitutionally recognised the use of customary law alongside national law, through which a situation of formal (de jure legal pluralism came into being. However, rules that would define the personal, territorial and material jurisdiction of both forms of law have never been approved and no case law has yet been developed. There is still no general agreement regarding the proper scope to be granted indigenous authorities for the administration of customary law. The purpose of this article is to shed light on that ongoing challenge by focusing on its practical implications at the local level. Starting with an historical overview of how legal pluralism has been dealt with over the last 500 years, this article proceeds to examine the contemporary situation, including an interpretation of a recent homicide which occurred in the indigenous parish of Zumbahua. The indigenous proceedings in this case support this article’s thesis that the absence of coordinating rules, and the resulting legal uncertainty, may be leading to increasingly punitive measures by indigenous authorities. En 1998 Ecuador reconoció constitucionalmente el uso del derecho consuetudinario a la par que la legislación nacional. Así, entró en vigor una situación de pluralismo legal formal (de jure. Sin embargo, nunca se ha aprobado la normativa que defina la jurisdicción personal, territorial y material de ambas formas de derecho, y todavía no se ha desarrollado jurisprudencia al respecto. Todavía no se ha llegado a un acuerdo general en lo que respecta al alcance adecuado, de forma que se garantice a las autoridades indígenas la administración del derecho consuetudinario. El propósito de este artículo es arrojar luz sobre esta situación, centrándose en sus implicaciones prácticas en el ámbito local. Empezando por un análisis histórico del pluralismo jurídico en los últimos 500 años, este artículo pasa a analizar la situación contempor

  17. European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

    Science.gov (United States)

    Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

    2015-08-28

    Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

  18. Study on the Legal Problems of Local Taxation Usufruct in Post Business Tax-to-Added Value Tax Era%后“营改增”时代的地方税收收益权法律问题研究--以上海市为样本

    Institute of Scientific and Technical Information of China (English)

    欧阳天健; 李震

    2014-01-01

    自1994年分税制改革以来,我国的财税体制逐步朝着科学化、民主化、法制化的方向发展。但是面对当今社会的新形势、新挑战,分税制改革中的许多漏洞正逐渐暴露出来,其负面效应不断显现。尤其是自2012年我国正式启动“营改增”试点工作以来,地方政府税收收益权问题逐渐浮出水面,其问题主要表现在地方立法权缺失和分配制度的混乱。%Since the reform of the tax system in 1994,China's tax system gradually develops toward scientific,democratiza-tion,legalization direction. But in the face of the new situation and the new challenges of today's society,many loopholes in the tax system reform is gradually exposed,its negative effect continues to appear. Especially since the official launch of the pilot work of business tax-to-added value tax in 2012,tax return power of local government gradually surfaced,the main problems mainly perform in the local legislative power loss and confusion of the distribution system.

  19. Physics Careers, Employment and Education. AIP Conference Proceedings, No. 39.

    Science.gov (United States)

    Perl, Martin L., Ed.

    This publication contains the proceedings of a Conference on Changing Career Opportunities for Physicists, held at the Pennsylvania State University, August 1-3, 1977. The purpose of the conference was to study present and future manpower problems in the physics profession. The breadth and depth of the conference is demonstrated by these…

  20. Proceedings of the 1986 seminar on nuclear data

    Energy Technology Data Exchange (ETDEWEB)

    Nakagawa, Tsuneo; Asami, Tetsuo (eds.)

    1987-02-15

    The seminar focused on problems with nuclear data and reactor constants and their sensitivity analyses. The poster session concerned recent measurements of neutron cross sections and computer codes for theoretical calculations. Separate abstracts were prepared for 34 papers in these proceedings. (DWL)

  1. Genesis of regulatory and legal provision of financial safety

    Directory of Open Access Journals (Sweden)

    M.V. Pataridze-Vyshynska

    2016-07-01

    Full Text Available The article describes the main problems that concern regulatory and legal provision of financial safety. The scientific groundwork of researchers of this matter in Ukraine is analyzed and its gaps are revealed. The state competences concerning the regulation of financial safety are investigated. The legal provision of financial safety in a retrospective section is considered. The short characteristic of the main legal instruments that make the subsoil for formation of financial safety environment is provided. The main stages of legislative process of ensuring financial safety are found out. The paradigm of financial safety formation is generalized. The possibilities of ensuring financial safety in different areas of the state financial policy through the definition of problem aspects and ways of their decision are defined. It is certain that the problem of protection of national interests in the economic sphere is rather actual, especially in formation of financial safety environment in modern conditions. This problem is subject to further investigation of both lawmakers and scientists-economists.

  2. DOCTRINAL BASICS OF THE LEGAL TECHNIQUE: COMPARATIVE ANALYSIS WITHIN THE EUROPEAN LEGAL FRAMEWORK

    Directory of Open Access Journals (Sweden)

    Alexander Malko

    2014-07-01

    Full Text Available The legal technique was initially developed as a kind of “interpreter” for the legislative will in the legal language using a specific ingenuity of legal engineering. Historically, the theoretical base of the legal technique was formed on a phased basis, essentially stimulated by state reforms, social transformations, and active legislation systematization. It should be mentioned here that legal technique is a distinctive category reflecting the political, economic, and legal situation in the historical period of a certain state development, but being extra-national in itself.The resource harmonization of the legal technique within the European legal framework means norm-setting regulations, coordination, and elaboration of common recommendations for the European countries. The cooperation in the legal technique standards harmonization will require the all-European cooperation to the new level as far as legal standards, human rights, democratic development, legitimacy and cultural cooperation are concerned.

  3. 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.

  4. Digital Identity - The Legal Person?

    Science.gov (United States)

    Sullivan, Clare

    This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual’s transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.

  5. Legal briefing: Healthcare ethics committees.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2011-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving institutional healthcare ethics committees. This topic has been the subject of recent articles in JCE. Healthcare ethics committees have also recently been the subject of significant public policy attention. Disturbingly, Bobby Schindler and others have described ethics committees as "death panels." But most of the recent attention has been positive. Over the past several months, legislatures and courts have expanded the use of ethics committees and clarified their roles concerning both end-of-life treatment and other issues. These developments are usefully grouped into the following eight categories: 1. Existence and availability. 2. Membership and composition. 3. Operating procedures. 4. Advisory roles. 5. Decision-making and gate-keeping roles. 6. Confidentiality. 7. Immunity. 8. Litigation and court cases.

  6. 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.

  7. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

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

  8. Proceedings of the Conference on Research for the Development of Geothermal Energy Resources

    Science.gov (United States)

    1974-01-01

    The proceedings of a conference on the development of geothermal energy resources are presented. The purpose of the conference was to acquaint potential user groups with the Federal and National Science Foundation geothermal programs and the method by which the users and other interested members can participate in the program. Among the subjects discussed are: (1) resources exploration and assessment, (2) environmental, legal, and institutional research, (3) resource utilization projects, and (4) advanced research and technology.

  9. 2014 German refrigeration and air conditioning meeting. Proceedings; Deutsche Kaelte- und Klimatagung 2014. Tagungsbericht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2014-07-01

    The proceedings of the 2014 German refrigeration and air conditioning meeting contain contributions on the following topics: cryotechnology, fundamentals and materials for the refrigeration and heat pump technology, devices and components for the refrigeration and heat pump technology, applications of refrigeration technologies, air conditioning technology and heat pump applications, cryotechnology in biology and medicine, heat transfer and ventilation, guidelines and legal topics, refrigerant fluid - oil mixtures, control and surveillance, simulation and control, ambient air.

  10. Legal Rights for Criminal Minors

    Institute of Scientific and Technical Information of China (English)

    2000-01-01

    IN a theft case cracked in Guiyang City, Guizhou Province, the seven juvenile delinquents involved were mainly junior middle school students around 13 to 14 years old. What are the legal rights they can enjoy when brought to trial? It is clearly defined in the Law of the People's Republic of China for the Protection of Minors enforced on September 4, 1991. Minors refers to citizens below the age of 18.

  11. Prospects of ASEAN Legal Cooperation

    OpenAIRE

    Agus Riyanto

    2016-01-01

    Association of Southeast Asian Nations (ASEAN) is a regional organization in the countries of Southeast Asia established in Bangkok, Thailand, on August 8, 1967 (the Bangkok Declaration) by Indonesia, Malaysia, Philippines, Singapore, and Thailand. One form of cooperation that could further encourage the establishment of ASEAN's goal was legal cooperation. This was because, this cooperation could further strengthen cooperation in politics, economy, social and culture in Southeast Asia. ...

  12. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

    Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  13. 33 CFR 109.15 - Enforcement proceedings.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Enforcement proceedings. 109.15... GENERAL § 109.15 Enforcement proceedings. Proceedings against a vessel violating the Anchorage Regulations... of the Port. When the vessel is at a port where there is no Coast Guard officer, proceedings will...

  14. 39 CFR 3020.35 - Further proceedings.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Further proceedings. 3020.35 Section 3020.35... proceedings. If the Commission determines that further proceedings are necessary, a conference shall be...) Explain the reasons for not going forward with additional proceedings and approve the request to...

  15. 12 CFR 225.31 - Control proceedings.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Control proceedings. 225.31 Section 225.31... Proceedings § 225.31 Control proceedings. (a) Preliminary determination of control. (1) The Board may issue a... proceeding. (c) Hearing and final determination. (1) The Board shall order a formal hearing or...

  16. 29 CFR 8.16 - Oral proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Oral proceedings. 8.16 Section 8.16 Labor Office of the... General Procedural Matters § 8.16 Oral proceedings. (a) With respect to any proceedings before it, the... of the proceeding. (b) In its discretion, the Board or a single presiding member may permit...

  17. 25 CFR 11.606 - Dissolution proceedings.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Dissolution proceedings. 11.606 Section 11.606 Indians... ORDER CODE Domestic Relations § 11.606 Dissolution proceedings. (a) Either or both parties to the marriage may initiate dissolution proceedings. (b) If a proceeding is commenced by one of the parties,...

  18. 49 CFR 6.31 - Further proceedings.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Further proceedings. 6.31 Section 6.31... PROCEEDINGS Procedures for Considering Applications § 6.31 Further proceedings. (a) Ordinarily, the... proceedings, such as an informal conference, oral argument, additional written submissions or an...

  19. 47 CFR 1.1208 - Restricted proceedings.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Restricted proceedings. 1.1208 Section 1.1208... Restricted Proceedings § 1.1208 Restricted proceedings. Unless otherwise provided by the Commission or its... in all proceedings not listed as exempt in § 1.1204(b) or permit-but-disclose in § 1.1206(a) of...

  20. 45 CFR 81.121 - Posttermination proceedings.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 1 2010-10-01 2010-10-01 false Posttermination proceedings. 81.121 Section 81.121... HEARINGS UNDER PART 80 OF THIS TITLE Posttermination Proceedings § 81.121 Posttermination proceedings. (a... Federal financial assistance in consequence of proceedings pursuant to this title may request...

  1. 29 CFR 18.42 - Expedited proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Expedited proceedings. 18.42 Section 18.42 Labor Office of... OF ADMINISTRATIVE LAW JUDGES General § 18.42 Expedited proceedings. (a) When expedited proceedings are required by statute or regulation, or at any time after commencement of a proceeding, any...

  2. 22 CFR 1423.31 - Backpay proceedings.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Backpay proceedings. 1423.31 Section 1423.31... PRACTICE PROCEEDINGS § 1423.31 Backpay proceedings. After the entry of a Board order directing payment of... proceeding, the Regional Director may issue and serve on all parties a backpay specification accompanied by...

  3. 39 CFR 3020.56 - Further proceedings.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Further proceedings. 3020.56 Section 3020.56... proceedings. If the Commission determines that further proceedings are necessary, a conference shall be... reasons for not going forward with formal proceedings; or (d) Direct other action as the Commission...

  4. 34 CFR 668.85 - Suspension proceedings.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 3 2010-07-01 2010-07-01 false Suspension proceedings. 668.85 Section 668.85 Education... Proceedings § 668.85 Suspension proceedings. (a) Scope and consequences. (1) The Secretary may suspend an... a suspension proceeding against a third-party servicer, the Secretary also may begin a...

  5. 28 CFR 2.14 - Subsequent proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Subsequent proceedings. 2.14 Section 2.14... proceedings. (a) Interim proceedings. The purpose of an interim hearing required by 18 U.S.C. 4208(h) shall be... date or commence rescission proceedings as provided by § 2.34; (iv) Advance the parole date...

  6. 46 CFR 502.61 - Proceedings.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Proceedings. 502.61 Section 502.61 Shipping FEDERAL MARITIME COMMISSION GENERAL AND ADMINISTRATIVE PROVISIONS RULES OF PRACTICE AND PROCEDURE Proceedings; Pleadings; Motions; Replies § 502.61 Proceedings. (a) Proceedings are commenced by the filing of a...

  7. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

  8. LHC Nobel Symposium Proceedings

    Science.gov (United States)

    Ekelöf, Tord

    2013-12-01

    puzzlement. The apparent absence of hints in the LHC experimental data of new phenomena that could relate to dark matter, dark energy, the dominance of matter over antimatter in the Universe, the unification of the strong and the electroweak interactions and their further unification with gravity left the Symposium with no guidance as to how to answer the question: what next? And in experimental fundamental science it is not the confirmation of already established theories that thrills the most; it is the appearance of the unexpected that creates the greatest excitement. However, the LHC is only at the beginning of its voyage into the uncharted territories of higher energies and smaller dimensions that it was built for, so the possibilities for unexpected discoveries are only starting to be explored. The LHC will start up again in 2015 with nearly twice its previous energy and with increased luminosity—new discoveries might then appear sooner than we even dare hope for! The LHC Nobel Symposium was attended by about 60 invited participants and lasted four days. The program was divided into seven sessions; QCD and Heavy Ion Physics, B Physics, Electroweak Physics, The Higgs Boson, Connections to Neutrino Physics and Astroparticle Physics, Beyond the Standard Model and Forward Look. There were 27 plenary invited talks given by participants, each followed by lively discussions. All but one of the speakers have submitted write-ups of their talks for these proceedings. We are hopeful that the remaining talk will be published in a forthcoming issue of Physica Scripta . I am gratified that Professor Roland Allen has agreed to write a paper on the essence of the Higgs boson discovery to be published in Physica Scripta , intended for undergraduate students and educated physicists, regardless of their field of research. I wish to express my deep gratitude to all Speakers and Participants in the Symposium, to the Members of the Local and International Organizing Committees, to the

  9. Uranium hexafluoride handling. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    1991-12-31

    The United States Department of Energy, Oak Ridge Field Office, and Martin Marietta Energy Systems, Inc., are co-sponsoring this Second International Conference on Uranium Hexafluoride Handling. The conference is offered as a forum for the exchange of information and concepts regarding the technical and regulatory issues and the safety aspects which relate to the handling of uranium hexafluoride. Through the papers presented here, we attempt not only to share technological advances and lessons learned, but also to demonstrate that we are concerned about the health and safety of our workers and the public, and are good stewards of the environment in which we all work and live. These proceedings are a compilation of the work of many experts in that phase of world-wide industry which comprises the nuclear fuel cycle. Their experience spans the entire range over which uranium hexafluoride is involved in the fuel cycle, from the production of UF{sub 6} from the naturally-occurring oxide to its re-conversion to oxide for reactor fuels. The papers furnish insights into the chemical, physical, and nuclear properties of uranium hexafluoride as they influence its transport, storage, and the design and operation of plant-scale facilities for production, processing, and conversion to oxide. The papers demonstrate, in an industry often cited for its excellent safety record, continuing efforts to further improve safety in all areas of handling uranium hexafluoride. Selected papers were processed separately for inclusion in the Energy Science and Technology Database.

  10. NIC symposium 2010. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Muenster, Gernot [Muenster Univ. (Germany). Inst. fuer Theoretische Physik 1; Wolf, Dietrich [Duisburg-Essen Univ., Duisburg (Germany). Fakultaet fuer Physik; Kremer, Manfred (eds.) [Forschungszentrum Juelich GmbH (DE). Juelich Supercomputing Centre (JSC)

    2012-06-21

    The fifth NIC-Symposium gave an overview of the activities of the John von Neumann Institute for Computing (NIC) and of the results obtained in the last two years by research groups supported by the NIC. The large recent progress in supercomputing is highlighted by the fact that the newly installed Blue Gene/P system in Juelich - with a peak performance of 1 Petaflop/s - currently ranks number four in the TOP500 list. This development opens new dimensions in simulation science for researchers in Germany and Europe. NIC - a joint foundation of Forschungszentrum Juelich, Deutsches Elektronen-Synchrotron (DESY) and Gesellschaft fuer Schwerionenforschung (GSI) - supports with its members' supercomputer facilities about 130 research groups at universities and national labs working on computer simulations in various fields of science. Fifteen invited lectures covered selected topics in the following fields: Astrophysics Biophysics Chemistry Elementary Particle Physics Condensed Matter Materials Science Soft Matter Science Environmental Research Hydrodynamics and turbulence Plasma Physics Computer Science The talks are intended to inform a broad audience of scientists and the interested public about the research activities at NIC. The proceedings of the symposium cover projects that have been supported by the IBM supercomputers JUMP and IBM Blue Gene/P in Juelich and the APE topical computer at DESY-Zeuthen in an even wider range than the lectures.

  11. Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

    Science.gov (United States)

    Speldewinde, Christopher A; Parsons, Ian

    2015-01-01

    Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

  12. 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".

  13. SOCIAL LEGAL TRANSFORMATION OF PAKISTAN

    Directory of Open Access Journals (Sweden)

    Sohaib Mukhtar

    2015-07-01

    Full Text Available Pakistan came into being in 1947. It struggled a lot during its initial days. It did not come to consensus to make a constitution until 1956 but later on military regime intervened. It is a drawback of Pakistan that laws and the constitution are not made indeed for its people rather they are made for the selfish elite who come into the power time to time without the support of the people. An unelected person cannot make a law for the betterment of the people he always do things for his own interest. Purpose - To point out weaknesses and hindrances in the social legal transformation of Pakistan and to recommend changes and best possible ways to build a highly social legal transformed society. Design/methodology/approach - The treatise is made taking into account the qualitative approach by looking into the historical prospect of social legal issues of Pakistan and to come to a conclusion to draw a better picture if followed the suggested steps. Findings - The paper includes the review of the history and weaknesses in legal transformation and comprehensive suggested steps to be followed to overcome the weaknesses and deficiencies. Research limitations/implications - The paper is limited to the social and legal aspects of the transformation in Pakistan and does not go into the deep details of politics and culture. Practical implications - Suggested steps can be followed by the legislature to make amendments in laws and to make more suitable laws which is a necessity for the better social transformation of Pakistan. Originality/Value - The research is a good piece and has an importance in its field and may help a lot in the development of the country and the region specially and the world at large generally. Keywords: Islamic rulers of the sub-continent; British India and its laws; Constitution of Pakistan 1956,1962 and 1973. Research type: The said research is a critical analysis on the development and transformation of Pakistan with respect to law

  14. Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities

    Directory of Open Access Journals (Sweden)

    Jens Knutsson

    2014-07-01

    Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.

  15. Legal System for China’s Forest Resource Protection:A Case Study of Poyang Lake Eco-economic Zone

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China’forest resource protection from the perspective of legal system.The problems include unclear property right system of forest resource,imperfect compensation mechanism for forest ecology,forest cutting quota scheme not resolutely put into practice,legal supervision of forest protection not implemented,and lack of integration in forest protection laws.Based on these problems,we put forward countermeasures and suggestions:establish clear forest resource property system;improve ecological benefit compensation mechanism in legal form;strictly implement forest cutting quota scheme;strengthen legal supervision of forest protection;and keep legal system integral for forest resource protection.

  16. Reproductive Technologies and the Legal Determination of Fatherhood

    OpenAIRE

    Sheldon, Sally

    2005-01-01

    In Re D is the most recent in a line of cases to have raised problems with the determination of legal fatherhood under s.28(3) of the Human Fertilisation and Embryology Act (1990). The judgment is interesting in particular as a demonstration of the growing currency of the idea that a child has a right to ‘genetic truth’ and for further evidencing a ‘fragmentation of fatherhood’.

  17. Ethical and legal implications of marketing in Dentistry

    OpenAIRE

    Luiz Renato Paranhos; Eduardo de Novaes Benedicto; Mário Marques Fernandes; Fábio Roberto de Souza Viotto; Eduardo Daruge Júnior

    2011-01-01

    Introduction and objective: The aim of this study was to discuss the ethical and legal use of marketing in dentistry by the professionals. Marketing itself is very important for solving the problems of competitiveness of daily private practice, but in several times its application methods may raise concern due to the current regulations. Literature review: The marketing concepts have been frequently reported, and this literature review shows that the methods of marketing in Dentistry are v...

  18. Equity – Connotations in the Current Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2014-05-01

    Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.

  19. The experience of the child witness: Legal and psychological issues.

    Science.gov (United States)

    Robinson, Jana

    2015-01-01

    The increasing presence of child witnesses in the courtroom has brought with it a host of challenges and dilemmas. Related concerns include whether children may be deemed incompetent solely because of their age, whether their testimony is reliable and accurate in light of their allegedly suggestible nature, and whether the experience of testifying may re-traumatize witnesses who are also victims. A growing body of multidisciplinary research continues to address the legal and clinical implications of permitting children to testify in open court. Numerous guidelines have been promulgated that contain recommendations for protecting children's best interests as they journey through the criminal justice system. Related courtroom procedures vary greatly among American jurisdictions, and innovations in other countries--for example, the United Kingdom's Youth Justice and Criminal Evidence Act of 1999, and similar legislation in Israel and in Norway--have introduced a range of alternative measures that can be employed with young witnesses, depending primarily on whether the child witness is ultimately deemed either "vulnerable" or "intimidated." This article incorporates legal and psychological studies--from geographically diverse perspectives--that focus upon the courtroom experiences of child witnesses in criminal proceedings, including determinations of testimonial capacity and other matters unique to this population. Copyright © 2015 Elsevier Ltd. All rights reserved.

  20. Reliability of repeated forensic evaluations of legal sanity.

    Science.gov (United States)

    Kacperska, Iwona; Heitzman, Janusz; Bąk, Tomasz; Leśko, Anna Walczyna; Opio, Małgorzata

    2016-01-01

    Criminal responsibility evaluation is a very complex and controversial issue due to the gravity of its consequences. Polish legislation allows courts to request multiple sanity evaluations. The purpose of this study was to assess the extent of agreement on sanity evaluations in written evidence provided by experts of criminal cases in Poland. A total of 381 forensic evaluation reports addressing 117 criminal defendants were analysed. In sixty eight cases, there was more than one forensic evaluation report containing an assessment of legal sanity, including forty one cases containing two assessments of criminal responsibility, seventeen containing three assessments, eight containing four assessments and two containing five assessments. We found that in 47% of the cases containing more than one sanity assessment, the initial criminal responsibility assessment was changed after a subsequent forensic evaluation. The agreement between repeated criminal responsibility evaluations was found to be fair. This study found a strong correlation between the number of forensic reports and the number of contradictory sanity assessments. There were fewer forensic opinions involved in the cases in which the same conclusion regarding criminal responsibility was reached in subsequent forensic evaluation reports compared to the cases in which more forensic opinions were involved. There is a clear need for further research in this area, and it is necessary to standardise criminal responsibility evaluations in order to improve their reliability and to shorten the legal proceedings.

  1. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts

    Directory of Open Access Journals (Sweden)

    Mohammad Hajizadeh

    2016-08-01

    Full Text Available Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens’ tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada’s black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

  2. Legalizing and Regulating Marijuana in Canada: Review of Potential Economic, Social, and Health Impacts.

    Science.gov (United States)

    Hajizadeh, Mohammad

    2016-05-25

    Notwithstanding a century of prohibition, marijuana is the most widely used illicit substance in Canada. Due to the growing public acceptance of recreational marijuana use and ineffectiveness of the existing control system in Canada, the issue surrounding legalizing this illicit drug has received considerable public and political attentions in recent years. Consequently, the newly elected Liberal Government has formally announced that Canada will introduce legislation in the spring of 2017 to start legalizing and regulating marijuana. This editorial aims to provide a brief overview on potential economic, social, and public health impacts of legal marijuana in Canada. The legalization could increase tax revenue through the taxation levied on marijuana products and could also allow the Government to save citizens' tax dollars currently being spent on prohibition enforcement. Moreover, legalization could also remove the criminal element from marijuana market and reduce the size of Canada's black market and its consequences for the society. Nevertheless, it may also lead to some public health problems, including increasing in the uptake of the drug, accidents and injuries. The legalization should be accompanied with comprehensive strategies to keep the drug out of the hands of minors while increasing awareness and knowledge on harmful effects of the drug. In order to get better insights on how to develop an appropriate framework to legalize marijuana, Canada should closely watch the development in the neighboring country, the United States, where some of its states viz, Colorado, Oregon, Washington, and Alaska have already legalized recreational use of marijuana.

  3. Legal Problems in Broadcasting: Identification and Analysis of Selected Issues.

    Science.gov (United States)

    Toohey, Daniel W.; And Others

    This book is designed as an introduction and reference to broadcast law for commercial and noncommercial station managers and staff, college students of radio and television, and general readers. It is divided into two sections, "Freedom of Expression and Related Issues" and "Business Aspects of Programming." The first section contains seven…

  4. The Problems of Contraction: Legal Considerations in University Retrenchment.

    Science.gov (United States)

    Johnson, Annette B.

    1981-01-01

    Higher education administrators planning for retrenchment should follow these guidelines: document the financial circumstances justifying retrenchment; devise a long-range financial plan; identify how and by whom retrenchment decisions are made; and know both the interests of and procedural protections available to faculty, staff, and other…

  5. Legal Problems Concerning "Other Maritime Liens"

    Institute of Scientific and Technical Information of China (English)

    WangShumin

    1999-01-01

    "Other maritime liens" as contained in Artide 6 of Convention 1993 is enacted on the basis of Convention 1967. The Convention 1967 provides that each contracting state may grant liens or rights of retention so as to secure claims other than those as referred ID in Article 4. Such liens shall rank after all maritime liens as set out in Article 4 and after all registered and "hypotheques" which comply with the provisions of Article 1;

  6. Hazardous Waste Sites Pose Investigation, Evaluation, Scientific, and Legal Problems.

    Science.gov (United States)

    1981-04-24

    EPA has emphasized the development of short- term tests to detect a chemical’s genotoxic potential, that is, its ability to alter a cell’s genetic... wave of incredulity through the Michigan farm community. No appeal was filedi. The ruling also had a significant impact on the approxi- mately 83 other...measurements such as ground penetrating radar, seismic reflection, electromagnetic induction, and magnetometry will be made to help in detailed geophysical

  7. Legal Problems Concerning "Other Maritime Liens"

    Institute of Scientific and Technical Information of China (English)

    WangShumin

    1999-01-01

    It is more likely accepted that maritime liea is an old and unique statutory right in different maritime legislation or laws in the world. In the past few decades, the intemational organizations have made good efforts in establishing three conventions for the unification of laws concerning maritime liens and mortgages, i.e. the Intenational Convention for the Unification of Certain Rules Relating to Maritime Mortgages and Liens, 1926 (hereinafter referred to as the Convention 1926),

  8. Problems on the legal status of the Church of Scientology

    Directory of Open Access Journals (Sweden)

    Germana Carobene

    2014-06-01

    Full Text Available Il contributo, sottoposto a valutazione, è destinato alla pubblicazione nel volume Scientology in scholary perspective, Atti del Convegno, Antwerpen (Belgio, 24-25 gennaio 2014, a cura di R. Dericquebourg,Equinox Publishing.SUMMARY: 1. Preliminary observations. The recent English case law about Scientology - 2. The long Italian process - 3. The condemnation of the religious movement in France - 4. Conclusion.

  9. SLC summer 2010 university - The ocean in the climate-energy problem, urban policies. Proceedings; Universite d'ete 2010 SLC - L'Ocean dans la problematique Climat-Energie, politiques urbaines. Recueil des presentations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    This document brings together the available presentations given at the summer 2010 university of the SLC (save the climate) organization on the topics of the ocean in the climate-energy problem, and of the urban policies. Nine presentations (slides) are compiled in this document and deal with: 1 - Biofuels made from micro-algae: stakes and challenges (Olivier Bernard, Comore - INRIA /CNRS/UPMC); 2 - The energy of waves (Alain Clement, Ecole Centrale de Nantes); 3 - The sea, new source of renewable energies? (J.J. Herou, EDF CIH); 4 - Oceans acidification: the other CO{sub 2} problem (James Orr, Pierre Simon Laplace Institute - IPSL, Laboratory of climate and environmental Sciences - LSCE, CEA-CNRS-UVSQ); 5 - Oceans and carbon cycle (Laurent Bopp, IPSL/LSCE); 6 - Renewable marine energies (Yann-Herve De Roeck, France Energies Marines); 7 - Energy renovation of buildings (Jean-Claude Terrier, Mesac Europe); 8 - Modevur research project - Modeling of urban development, sketch of a development typology of chinese cities (Clement-Noel Douady); 9 - Urban areas in the fight against climate change: stakes, knowledge and controversies (Francois Menard, PUCA)

  10. European legal developments in product safety and liability: the role of customer complaint management as a defensive marketing tool

    NARCIS (Netherlands)

    de Ruyter, Ko; de Ruyter, J.C.; Brack, Antoni

    1993-01-01

    In view of recent European legal developments, our purpose in this article is to position customer complaint management as an essential instrument for a defensive marketing strategy, specifically to prevent legal problems in the fields of product liability and product safety.

  11. Retention Issues in Legal Education: The Roles of Undergraduate Educators and of Academic Support in the Law School.

    Science.gov (United States)

    Cabrera, Richard

    2002-01-01

    Reviews legal education and student retention, particularly of minority students, from three perspectives: current trends in law school admissions, the role of undergraduate institutions in avoiding retention problems by preparing candidates for successful legal education, and the increased role of law school academic support programs in student…

  12. European legal developments in product safety and liability: the role of customer complaint management as a defensive marketing tool

    NARCIS (Netherlands)

    Ruyter, de Ko; Brack, Antoni

    1993-01-01

    In view of recent European legal developments, our purpose in this article is to position customer complaint management as an essential instrument for a defensive marketing strategy, specifically to prevent legal problems in the fields of product liability and product safety.

  13. Village Power `97. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Cardinal, J.; Flowers, L.; Taylor, R.; Weingart, J. [eds.

    1997-09-01

    It is estimated that two billion people live without electricity and its services. In addition, there is a sizable number of rural villages that have limited electrical service, with either part-day operation by diesel gen-sets or partial electrification (local school or community center and several nearby houses). For many villages connected to the grid, power is often sporadically available and of poor quality. The U.S. National Renewable Energy Laboratory (NREL) in Golden, Colorado, has initiated a program to address these potential electricity opportunities in rural villages through the application of renewable energy (RE) technologies. The objective of this program is to develop and implement applications that demonstrate the technical performance, economic competitiveness, operational viability, and environmental benefits of renewable rural electric solutions, compared to the conventional options of line extension and isolated diesel mini-grids. These four attributes foster sustainability; therefore, the program is entitled Renewables for Sustainable Village Power (RSVP). The RSVP program is a multi-disciplinary, multi-technology, multi-application program composed of six key activities, including village application development, computer model development, systems analysis, pilot project development, technical assistance, and an Internet-based village power project database. The current program emphasizes wind, photovoltaics (PV), and their hybrids with diesel gen-sets. NREL`s RSVP team is currently involved in rural electricity projects in thirteen countries, with U.S., foreign, and internationally based agencies and institutions. This document contains reports presented at the Proceedings of Village Power, 1997. Individual projects have been processed separately for the United States Department of Energy databases.

  14. The relevance of introducing opposition proceedings into the Serbian trademark legislation

    Directory of Open Access Journals (Sweden)

    Vasić Aleksandra

    2014-01-01

    Full Text Available This paper analyzes the quality of certain legal procedures applied in domestic trademark legislation in the light of harmonizing our legislation with those of the EU. Trademark Law in the Republic of Serbia (2009 does not rely on opposition proceedings as a phase in the process of trademark registration and a tool that would ensure that only those trademarks that fulfill the necessary conditions are granted legal protection. Intellectual Property Office examines the so-called relative grounds for trademark registration refusal but does so ex officio, thus preventing the holders of trademark rights from benefiting from a relatively inexpensive and effective opposition procedure regarding the registration of a second trademark which violates their previously established rights. In contrast to our trademark laws, EU Council Regulation 207/2009 on Community Trademarks of February 26, 2009 (CTMR -Community trademark regulation enforces opposition proceedings as the most important phase in the process of trademark registration. European experience shows that opposition proceedings carry significant benefits for the process of trademark application. First of all, they allow the holders of previously established trademark rights to avoid long and costly court proceedings whose purpose is to dispute trademarks that violate the owner's rights. Also, state agencies authorizing in trademark approval no longer need to monitor registered trademarks.

  15. 77 FR 26430 - Unfair Labor Practice Proceedings; Negotiability Proceedings; Review of Arbitration Awards...

    Science.gov (United States)

    2012-05-04

    ... requests for Federal Service Impasses Panel assistance in the resolution of negotiation impasses. See 77 FR... Proceedings; Review of Arbitration Awards; Miscellaneous and General Requirements AGENCY: Federal Labor... Practice Proceedings, part 2424, Negotiability Proceedings, part 2425, Review of Arbitration Awards,...

  16. Civil Rights of Foreigners in Private Legal Relations

    Directory of Open Access Journals (Sweden)

    Dukagjin Leka

    2016-03-01

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

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

    Directory of Open Access Journals (Sweden)

    Georgiana, MÎNDRECI

    2014-11-01

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

  18. Navigating New Legal Demands For Franchisor Accountability

    Directory of Open Access Journals (Sweden)

    Carolyn Plump, Esq.

    2014-08-01

    Full Text Available Franchising is a relationship wherein one organization (i.e., the franchisor allows other organizations (i.e., franchisees to use its brand name, products, and processes in exchange for fees. Because franchising offers franchisors the opportunity to build their brands quickly, it is perhaps not surprising that many firms rely on franchising as a key tool for organization design. One caution about franchising is that its use brings a complex array of legal issues into play. As franchising increases in popularity, so too does the scrutiny paid to this organizational form by the legal system. Indeed, the courts appear to be demanding increased accountability from franchisors. The goal of this Point of View article is to explain how organizations can avoid problems associated with increased accountability and even benefit from it. Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;}

  19. 外来侵袭物种的法律定义%Legal Definition on Alien Invasive Species

    Institute of Scientific and Technical Information of China (English)

    高敏

    2005-01-01

    Agriculture,economy,ecological environment and human health are heavily threatened by alien invasive species ,Alien invasive species is spreading in our country,How to prevent,control and destroy alien invasive species through systems and regulations is problem for related legislation to resolve,However,how to deline alien species,invasive and introduction is premise of legal control on alien invasive species,and determines scope and offect of legal control,through comparing and analyzing legal definition of other countries.legal definition on alien invasive species in our country is put forwarded in the article。

  20. Legal Language – a Cultural Ambassador. A Language for Various Purposes, not only a Language for Specific Purposes

    DEFF Research Database (Denmark)

    Cancino, Rita

    /culture to another. It means also overcoming the typical blindness to one’s own culture. The Spanish-Danish Legal Language course introduces Danish language students to a new world of cultural knowledge, as they generally have insignificant knowledge of Danish law and the Danish legal system. Furthermore, they have...... no knowledge of Spanish law and the Spanish legal system. In this paper I will discuss some of the problems/possibilities the students meet when trying to ‘translate’ from one legal language/culture to another also in the case of culture-bound terms with little or no equivalence. The examples are taken from my...