WorldWideScience

Sample records for legal process requiring

  1. 5 CFR 582.203 - Information minimally required to accompany legal process.

    Science.gov (United States)

    2010-01-01

    ... CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process... to the court, or other authority, with an explanation of the deficiency. However, prior to returning...

  2. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

    ... the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires withholding for the payment of attorney fees, interest, and/or court costs, the governmental entity must...

  3. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

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

  4. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make... relating to the DOE notice of proposed rulemaking to revise existing regulations covering contractor legal...

  5. 5 CFR 582.202 - Service of legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

  6. 78 FR 29247 - Contractor Legal Management Requirements; Acquisition Regulations; Correction

    Science.gov (United States)

    2013-05-20

    ... DEPARTMENT OF ENERGY 48 CFR Part 952 RIN 1990-AA37 Contractor Legal Management Requirements; Acquisition Regulations; Correction AGENCY: Department of Energy. ACTION: Final rule; correction. SUMMARY: The... (78 FR 25795). In this document, DOE revised existing regulations covering contractor legal management...

  7. Legal requirements governing proxy voting in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

    The requirements in Danish company law concerning proxy voting in companies whose shares have been accepted for listing on a regulated market have been successively tightened in recent years, and corporate governance principles have also led to the introduction of several requirements concerning...... proxy holders. A thorough knowledge of these requirements is important not only for the listed companies but also for their advisers and investors in Denmark and abroad. This article considers these requirements as well as the additional requirements which will derive from Directive 2007....../36 on the exercise of shareholders' rights in listed companies, which must be implemented by 3 August 2009. It is pointed out that companies may provide with advantage in their articles of association for both the existing and the forthcoming requirements at this early stage....

  8. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

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

  9. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

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

  10. The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

    OpenAIRE

    Mardha, Amil

    2009-01-01

    THE PROCESS OF LEGAL DRAFTING REGULATION IN THE DEVELOPMENT OF THE NUCLEAR POWER PLANT IN INDONESIA. In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related g...

  11. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  12. Legal requirements concerning the technical safety of nuclear installations

    International Nuclear Information System (INIS)

    Nolte, R.

    1984-01-01

    A short survey on nuclear risks and the nuclear safety conception is followed by the attempted clear definition of the semantic import of section 7, sub-section (2), No. 3 of the Atomic Energy Act. There are first beginnings of a concretization of the state-of-the-art in science and technology, i.e. all kinds of sub-legislative regulations such as the regulations of the Radiation Protection Ordinance which show scientific substance, guidelines issued by the Ministers, as well as codes for practice set up by various technical bodies and standardization associations, all of which are designed to compensate for this loop hole in the legislation. This study goes to examine to what extent administration and jurisdiction may take into account such codes of practice for the concretization of the legal requirements, and whether they are even binding on those executing the law. Only the respective regulations of the Radiation Protection Ordinance have a binding effect. All other guidelines and codes of practice are not legally binding per se, nor are they capable of being legally permitted by being referred to in terms of legal norms or by the self-commitment of those executing the law. Any attempt of using them, as the basis of a prime facie evidence or as an anticipating expertise, at least evidentarily for the concretization will have to fail owing to their evaluating character and to the fact that they may interfere in sociological conflict. An exception may be a case where a clear distinction can be made as to what extent the contents of such codes of practice is related to scientific and technological findings or to decisions based on evaluations. In such a case, a prima facil evicdence for the conformity of the regulation in question with the state-of-the-art in science and technology may be considered, which would easy the concretization of Art. 7 II Section 3 of the Atomic Law. (orig./HSCH) [de

  13. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952 and 970 RIN 1990-AA37 Contractor Legal... Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

  14. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2013-05-03

    ... DEPARTMENT OF ENERGY 10 CFR Part 719 48 CFR Parts 931, 952, and 970 RIN 1990-AA37 Contractor Legal.... ACTION: Final rule. SUMMARY: The Department of Energy revises existing regulations covering contractor... costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained...

  15. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Science.gov (United States)

    2010-10-01

    ... MANUFACTURED IN TWO OR MORE STAGES § 568.7 Requirements for manufacturers who assume legal responsibility for a vehicle. (a) If an incomplete vehicle manufacturer assumes legal responsibility for all duties and... 49 CFR 567.5(f). (b) If an intermediate manufacturer of a vehicle assumes legal responsibility for...

  16. Legal constraints on genetic data processing in European grids

    NARCIS (Netherlands)

    Mouw, Evert; van't Noordende, Guido; van Kampen, Antoine H. C.; Louter, Baas; Santcroos, Mark; Olabarriaga, Silvia D.

    2012-01-01

    European laws on privacy and data security are not explicit about the storage and processing of genetic data. Especially whole-genome data is identifying and contains a lot of personal information. Is processing of such data allowed in computing grids? To find out, we looked at legal precedents in

  17. Domestic violence survivors and their experiences during legal process.

    Science.gov (United States)

    Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak

    2016-05-01

    Many victims of domestic violence do not seek recourse to the needed medical and legal services. The aim of this study was to determine the difficulties faced by and experiences of female survivors of domestic violence during their medical and legal proceedings. We designed our study using a qualitative approach to understand the experiences of survivors during the legal process as well as their feelings and attitudes towards domestic violence through in-depth interviews. The data obtained from the participants were analyzed and synthesized using a thematic analysis procedure. Most of our participants reported different types of domestic violence, citing feelings of fear and loneliness during these experiences. They reported feeling dissatisfied with their complaints being ignored by the police and the perpetrators remaining unpunished. They complained of the complex procedures and negligence of staff in health-care centers such as hospitals, and they reported being shifted to several different places. We believe that an assessment of such female survivors in terms of specific standards set by specialists will help make improvements to the legal process. Education programs should be organized for professionals dealing with survivors of domestic violence. Special health-care services with fast proceedings must be established in health-care centers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  18. 22 CFR 92.85 - Service of legal process usually prohibited.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process usually prohibited. 92... RELATED SERVICES Quasi-Legal Services § 92.85 Service of legal process usually prohibited. The service of process and legal papers is not normally a Foreign Service function. Except when directed by the...

  19. 22 CFR 92.89 - Fees for service of legal process.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Fees for service of legal process. 92.89 Section 92.89 Foreign Relations DEPARTMENT OF STATE LEGAL AND RELATED SERVICES NOTARIAL AND RELATED SERVICES Quasi-Legal Services § 92.89 Fees for service of legal process. No charge should be made for...

  20. Clinical trials using a radiopharmaceutical investigational drug: What legal environment and what authorizations required?

    International Nuclear Information System (INIS)

    El-Deeb, G.; Nguon, B.; Tibi, A.; Rizzo-Padoin, N.

    2009-01-01

    Recent revision of the legal environment for clinical research in France provided an opportunity to review what a hospital needs to carry out clinical trials using a radiopharmaceutical investigational drug. Legal measures concerning radiopharmaceutical investigational drugs are indeed more complex than those of classical clinical trials because of the additional legal provisions governing the use of ionizing radiation. Thus, requirements by the concerned staff (sponsor, pharmacist, person in charge of the nuclear activity) are described here. (authors) [fr

  1. Legislative Process For National Atomic Energy Laws Various Legal Approaches And Lessons Learned

    International Nuclear Information System (INIS)

    Ali, A.M.

    2008-01-01

    Legislative Process for National Atomic Energy Laws (NAELs) aim at establishing a legal base for the peaceful uses of nuclear energy. Various approaches (partial and comprehensive) to draft the NAELs are studied. The paper also studies some national nuclear energy laws through a comparative legal analysis and the important developments that have taken place in the legislative process for NAELs. There are lessons learned from the legislative process for NAELs. First, each state must develop its own legislative framework based on its own situation. Second, although the NAELs have common features, they vary considerably due to national legal traditions, social, economic circumstances and cultural values. Third, the NAELs have also evolved in time. Fourth, the technical standards, rules and guidelines should not be part of legislation issued by the Parliament because they would also facilitate quick adaption to new technical developments. Fifth, interface between legal and technical issues, requiring legal and technical experts to interact with each other. Sixth, continuing assessment that may lead to amendments to the law over time

  2. [Consent and confidentiality in occupational health practice: balance between legal requirements and ethical values].

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

    The recently introduced Italian law on the protection of workers' health states that the occupational health physician (competent physician) is required to act according to the Code of Ethics of the International Commission on Occupational Health (ICOH). This paper aims at examining the articles of legislative decree 81/2008 dealing with informed consent and confidentiality compared with the corresponding points of the ICOH Ethics Code. Analysis of the relationship between articles 25 and 39 (informed consent) and 18, 20 and 39 (confidentiality) of the decree shows that there are some points of disagreement between the legal requirements and the Code of Ethics, in particular concerning prescribed health surveillance, consent based on appropriate information (points 8, 10 and 12 of the Code) and some aspects of confidentiality (points 10, 20, 21, 22 and 23 of the Code). Although the competent physician is required to act according to the law, the decisional process could lead to a violation of workers' autonomy.

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

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

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

  4. Investment in Azerbaijan's upstream requires attention to legal details

    International Nuclear Information System (INIS)

    Horton, S.; Mamedov, N.

    1996-01-01

    When the 20th century began, Baku was a boom town without equal in the Russian empire. The city developed into a legendary cultural center, where some of the West's leading commercial geniuses made substantial investments. Baku also was a city of diverse peoples, with its Azerbaijani core supplemented by substantial communities of Armenians, Germans, Russians and Swedes, not to mention merchant communities of other central Asian and Middle Eastern peoples. The miracle that caused Baku to bloom, then as now, was the promise of oil. Baku is arguably the world's first important oil-producing city. As the 20th century draws to a close, Baku once more is on the verge of a transition that may restore its status as an important center for international investment and commerce. This article examines Azerbaijan's legal environment as it relates to the natural resources sector

  5. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...

  6. Monitoring groundwater: optimising networks to take account of cost effectiveness, legal requirements and enforcement realities

    Science.gov (United States)

    Allan, A.; Spray, C.

    2013-12-01

    The quality of monitoring networks and modeling in environmental regulation is increasingly important. This is particularly true with respect to groundwater management, where data may be limited, physical processes poorly understood and timescales very long. The powers of regulators may be fatally undermined by poor or non-existent networks, primarily through mismatches between the legal standards that networks must meet, actual capacity and the evidentiary standards of courts. For example, in the second and third implementation reports on the Water Framework Directive, the European Commission drew attention to gaps in the standards of mandatory monitoring networks, where the standard did not meet the reality. In that context, groundwater monitoring networks should provide a reliable picture of groundwater levels and a ';coherent and comprehensive' overview of chemical status so that anthropogenically influenced long-term upward trends in pollutant levels can be tracked. Confidence in this overview should be such that 'the uncertainty from the monitoring process should not add significantly to the uncertainty of controlling the risk', with densities being sufficient to allow assessment of the impact of abstractions and discharges on levels in groundwater bodies at risk. The fact that the legal requirements for the quality of monitoring networks are set out in very vague terms highlights the many variables that can influence the design of monitoring networks. However, the quality of a monitoring network as part of the armory of environmental regulators is potentially of crucial importance. If, as part of enforcement proceedings, a regulator takes an offender to court and relies on conclusions derived from monitoring networks, a defendant may be entitled to question those conclusions. If the credibility, reliability or relevance of a monitoring network can be undermined, because it is too sparse, for example, this could have dramatic consequences on the ability of a

  7. The Process of Legal Drafting Regulation in the Development of the Nuclear Power Plant in Indonesia

    International Nuclear Information System (INIS)

    Amil Mardha

    2009-01-01

    In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related government agencies, and stakeholders such as utility, academic institutions, and publics. In general, in the process of legal drafting, international publications or other country regulations can be a reference and adopted. In the establishment of the regulations of nuclear energy, BAPETEN has issued some Government Regulations and Chairman Regulations of BAPETEN. For nuclear safety of NPP, the regulations have not been completed yet, but some regulations related in the area of siting of NPP have been already available. In this paper, it is discussed the process of the establishment of legislation and of the legal drafting nuclear regulation of NPP, and the current status of NPP regulations. (author)

  8. Functional Behavior Assessments and Behavior Intervention Plans: Legal Requirements and Professional Recommendations

    Science.gov (United States)

    Collins, Lauren W.; Zirkel, Perry A.

    2017-01-01

    Functional behavior assessments (FBAs) and behavior intervention plans (BIPs) are critical components in the education of students with, or at risk for, emotional disturbance (ED). The purpose of this article is to compare the legal requirements with the professional requirements for FBAs and BIPs. The comparison is first according to the…

  9. Airport Planning and Design - Legal and Professional Competence Requirements

    Science.gov (United States)

    Kazda, Antonin

    2017-12-01

    Airport design and planning considerably differs from the design of other transport infrastructure. The reasons are the wide scope of regulation in civil aviation and the lack of links between the Civil Aviation Act and the Building Act. The effect is that the sequence of procedures, negotiation, and/or document approval is not clearly defined. The situation is further complicated by the fact that an airport is a unique construction both for the investor and for the local building authority. The paper is an outcome of our research, building on long-term experience in airport planning and design, and the elucidation of planning and approval processes with experts from the Transport Authority and the Ministry of Transport and Construction of the Slovak Republic.

  10. Dementia and Legal Competency

    OpenAIRE

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

    2011-01-01

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

  11. The Adequacy of Doctor Patient the Relationship to the Requirements of Validity of the legal Transaction: the Doctor Patient Relationship as legal Phenomenon

    Directory of Open Access Journals (Sweden)

    Silvio Romero Beltrão

    2015-04-01

    Full Text Available This work is interdisciplinary and aims to examine the adequacy of the patient-physician relationship to the requirements of validity of legal business. The doctor-patient relationship needs a complete overview on the elements and requirements that constitute its validity in law. As a starting point analyzes the doctor-patient relationship as a legal fact, to then verify the validity requirements of the patient medical legal business, capable agent, object and lawful manner prescribed by law. Investigating the manifestation of the will as the main element of the legal transaction to define the end of the study the importance of the doctor-patient relationship by law, based on the General Theory of Civil Law.

  12. Legal and governmental infrastructure for nuclear, radiation, radioactive waste and transport safety. Safety requirements

    International Nuclear Information System (INIS)

    2004-01-01

    This publication establishes requirements for legal and governmental responsibilities in respect of the safety of nuclear facilities, the safe use of sources of ionizing radiation, radiation protection, the safe management of radioactive waste and the safe transport of radioactive material. Thus, it covers development of the legal framework for establishing a regulatory body and other actions to achieve effective regulatory control of facilities and activities. Other responsibilities are also covered, such as those for developing the necessary support for safety, involvement in securing third party liability and emergency preparedness

  13. Legal and governmental infrastructure for nuclear, radiation, radioactive waste and transport safety. Safety requirements

    International Nuclear Information System (INIS)

    2000-01-01

    This publication establishes requirements for legal and governmental responsibilities in respect of the safety of nuclear facilities, the safe use of sources of ionizing radiation, radiation protection, the safe management of radioactive waste and the safe transport of radioactive material. Thus, it covers development of the legal framework for establishing a regulatory body and other actions to achieve effective regulatory control of facilities and activities. Other responsibilities are also covered, such as those for developing the necessary support for safety, involvement in securing third party liability and emergency preparedness

  14. New legal requirements for submission of product information to poisons centres in EU member states.

    Science.gov (United States)

    de Groot, Ronald; Brekelmans, Pieter; Desel, Herbert; de Vries, Irma

    2018-01-01

    In the past eight years, the European Association of Poisons Centres and Clinical Toxicologists (EAPCCT) has been intensively involved in a European Commission led process to develop EU legislation on the information of hazardous products that companies have to notify to EU Poisons Centres (or equivalent "appointed bodies"). As a result of this process, the Commission adopted Regulation (EU) No 2017/542, amending the CLP Regulation by adding an Annex on harmonised product submission requirements. Harmonised mixture information requirements: Detailed and consistent information on the composition of the hazardous product will become available to EU Poisons Centres (PC). The information will be submitted by companies to PCs (or equivalent "appointed bodies") using a web-based software application or in-house software. Two new important features are introduced. Firstly, to be able to rapidly identify the product formula, a Unique Formula Identifier (UFI) on the product label links to the submitted information. Secondly, for better comparability of reports on poisonings between EU member states, a harmonised Product Categorisation System will specify the intended use of a product. Rapid product identification and availability of detailed composition information will lead to timely and adequate medical intervention. This may lead to considerable reduction in healthcare costs. Additionally, for companies trading across the EU, costs of submission of this information will be reduced significantly. Next steps: From 2017, an implementation period has started, consisting of a three-year period for stakeholders to implement the new requirements, followed by a gradual applicability for consumer products (2020), professional products (2021) and industrial use-only products (2024). Technical tools to generate the electronic format and the UFI together with guidance documents are expected to be made available by the end of 2017 by the European Chemicals Agency (ECHA). Guidance on

  15. Rape as a legal indication for abortion: implications and consequences of the medical examination requirement.

    Science.gov (United States)

    Teklehaimanot, K I; Smith, C Hord

    2004-01-01

    A number of countries adopt abortion laws recognizing rape as a legal ground for access to safe abortion service. As rape is a crime, these abortion laws carry with them criminal and health care elements that in turn result in the involvement of legal and medical expertise. The most common objective of the laws should be providing safe abortion services to women survivors of rape. Depending on purposes of a given abortion law, the laws usually require women to undergo a medical examination to qualify for a legal abortion. Some abortion laws are so vague as to result in uncertainties regarding the steps health personnel must follow in conducting medical examination. Another group of abortion laws do not leave room for regulation and remain too rigid to respond to changing socio-economic circumstances. Still others require medical examination as a prerequisite for abortion. As a result, a number of abortion laws remain on the books. The paper attempts to analyze legal and practical issues related to medical examination in rape cases.

  16. Promoting awareness of legal requirements and liabilities in food and beverage operations

    Directory of Open Access Journals (Sweden)

    A. Nicolaides

    2012-01-01

    Full Text Available The purpose of this article is to shed more light on the importance of promoting greater awareness of legal requirements and liabilities of food and beverage operations (F&B operations. It is a descriptive analysis which highlights aspects related to food hygiene. Managing legal issues in the hospitality industry, especially in F&B, is a tricky business. The magnitude of the global tourism industry means that the laws governing it are exhaustive and at the best of times, highly complex. Since tourists need to eat and drink it is imperative that industry employees have a meaningful grasp on what is expected legally speaking. Tourists spend large amounts of money on food and beverages and this is second only to airfare to and from destinations. Creating awareness of legal requirements and liabilities in food and beverage operations among industry employees is essential. As very little has been written on consumer rights and industry obligations in the South African hospitality industry food and beverage context, it is hope that this article will create greater awareness of a critically important aspect in the hospitality industry.

  17. Heavy oils processing materials requirements crude processing

    Energy Technology Data Exchange (ETDEWEB)

    Sloley, Andrew W. [CH2M Hill, Englewood, CO (United States)

    2012-07-01

    Over time, recommended best practices for crude unit materials selection have evolved to accommodate new operating requirements, feed qualities, and product qualities. The shift to heavier oil processing is one of the major changes in crude feed quality occurring over the last 20 years. The three major types of crude unit corrosion include sulfidation attack, naphthenic acid attack, and corrosion resulting from hydrolyzable chlorides. Heavy oils processing makes all three areas worse. Heavy oils have higher sulfur content; higher naphthenic acid content; and are more difficult to desalt, leading to higher chloride corrosion rates. Materials selection involves two major criteria, meeting required safety standards, and optimizing economics of the overall plant. Proper materials selection is only one component of a plant integrity approach. Materials selection cannot eliminate all corrosion. Proper materials selection requires appropriate support from other elements of an integrity protection program. The elements of integrity preservation include: materials selection (type and corrosion allowance); management limits on operating conditions allowed; feed quality control; chemical additives for corrosion reduction; and preventive maintenance and inspection (PMI). The following discussion must be taken in the context of the application of required supporting work in all the other areas. Within that context, specific materials recommendations are made to minimize corrosion due to the most common causes in the crude unit. (author)

  18. Legality, legitimacy and formal and informal decision-making processes: when does a decision become legitimate?

    International Nuclear Information System (INIS)

    Zwetkoff, C.

    2004-01-01

    A few words on the purpose of this paper are given by way of introduction. A brief analysis will be made of the relationship between legality and legitimacy in relation to decision-making processes and within the context of the policies concerning the public management of technological risks. The aim is to raise questions and outline some reflections based on the theory of the state, from the perspective of the conditions of the institutionalization of power. I shall first clarify a few conceptual points. The notion of legality refers to the notion of compliance with legal standards, that is to say, with the law. Is the decision made by a person empowered by law so do to (legal competence)? Is it taken in compliance with legal procedure? And are the effects implicitly in keeping with the spirit of the law? The legitimacy of the power of those who govern, or the legitimacy of their decisions, is not determined solely by legal standards but rather, is a matter of individual and social representation or view. As Hobbes says, in essence, to govern is to convince: to convince people of the rightfulness of the source of the power of those who govern and of the action or public policies that they formulate. The paper is organised around three propositions: 1. The role of the legitimacy or social acceptability of public policies has always been an element of the way all political systems function. This role, however, occupies an increasingly important place on the political agenda in a societal decision-making context that has undergone irreversible changes. 2. Although the essence of the social legitimacy of public policies remains the same, the conditions, mechanisms and criteria evolve. 3. The critical centrality of social legitimacy, together with the evolution of the criteria for legitimate decision, today modify the decision-making mechanisms that were established in response to the requirements of classical democracy. We observe a political organisation i n the

  19. Legal Reserve Requirements in Brazilian Forests: Path Dependent Evolution of De Facto Legislation

    OpenAIRE

    Lee J. Alston; Bernardo Mueller

    2007-01-01

    Why would a poor and largely pro-developmental country such as Brazil, that has so much of its territory covered in forest, adopt one of the most restrictive land use requirements in the world when it comes to cutting the forest to give way to other economic uses? We describe the evolution of legal reserve legislation in Brazil, which currently requires that 20% of the area in a property (80% in the Amazon) be left in forest or its native vegetation. This legislation was put into place in 193...

  20. Legal aspects concerning the requirement for completion of the backend of the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

    Most european states are forced by their political institutions, parliaments or governments to establish integrated programmes about the recycling and safe disposal of all kinds of radioactive materials resulting from the application of nuclear energy. A proper solution is not an option as on other continents, but an obligation, due to environmental and economical reasons. First, I will outline the ''Fuel Management Concept'' in the Federal Republic of Germany, than, I will say something about the institutional responsibilities, the package deal clause and the actual practice of management and disposal. We will look into the legal aspects of the atomic energy act, the hazard protection and precaution, the administrative requirements, the discretionary rules of law and some undefined legal conceptions, the practice of public licencing, the advanced public participation and the immediate effectiveness as the substance of my reflections. Finally there shall be some closing remarks on assessing the German fuel management concept

  1. Security and privacy of EHR systems--ethical, social and legal requirements.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

    This paper addresses social, ethical and legal concerns about security and privacy that arise in the development of international interoperable health information systems. The paper deals with these concerns under four rubrics: the ethical status of electronic health records, the social and legal embedding of interoperable health information systems, the overall information-requirements healthcare as such, and the role of health information professionals as facilitators. It argues that the concerns that arise can be met if the development of interoperability protocols is guided by the seven basic principles of information ethics that have been enunciated in the IMIA Code of Ethics for Health Information Professionals and that are central to the ethical treatment of electronic health records.

  2. The legal process of environmental evaluation and examination in North America and in the European Union

    International Nuclear Information System (INIS)

    Delpiano, V.

    1999-01-01

    The most important goal of the Environmental Law is to maximize the prevention approach. As so far, a scheme has been initiated since a few years to reach this objective: a legal environmental process with a lot of mechanisms whose the objective is to estimate the environmental impact of a project in order to control it. This legal environmental process including for example the Environmental Impact Assessment is more and more integrated in the environmental policies of the industrialized countries. It began in North America, first in the U.S.A. but also in Canada. A few years after, the countries of the Western Europe, particularly the European Unions, have introduced a similar legal process taking into account the specificities of these European countries. So if the goals of this legal environmental preventive approach are similar in North America and in Western Europe, the implementation is often different according to the legal, economic but also sociological structures of these two major regions. This Phd Thesis try to study the two major impacts of this legal evaluating process: it is implemented by the public authorities to reach with a best result a Sustainable Development. But also, it tries to combine the protection of the Environment and the utilisation of legal, economic and financial mechanisms of the Market to obtain a fair trade competition. (authors)

  3. Paradigms of forensic science and legal process: a critical diagnosis.

    Science.gov (United States)

    Roberts, Paul

    2015-08-05

    This article reconsiders the relationship between criminal adjudication and forensic expertise in the light of 'new paradigms' of forensic practice and recent law reform. It briefly summarizes conventional wisdom on the typical shortcomings of forensic science and other expert evidence, as a springboard for a more searching critical diagnosis of longstanding maladies. The fundamentally jurisdictional nature of law is emphasized, and some implications for expert testimony noted. English law's traditionally adversarial model of criminal procedure is then reassessed, taking account of a proper understanding of its normative structure and modern development, and drawing on comparative legal research and theorizing to obtain a more rounded second opinion. In conclusion, some avenues for intelligent prescription are canvassed, highlighting the importance of promoting and facilitating effective communication between experts, lawyers and courts, and prioritizing modest practical remedies over radical surgery. © 2015 The Author(s) Published by the Royal Society. All rights reserved.

  4. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  5. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Arabic Edition)

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  6. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  7. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  8. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2010-01-01

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered

  9. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1, Revision 1 (Chinese Edition)

    International Nuclear Information System (INIS)

    2016-01-01

    This publication establishes requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered. A review of Safety Requirements publications was commenced in 2011 following the accident in the Fukushima Daiichi nuclear power plant in Japan. The review revealed no significant areas of weakness and resulted in just a small set of amendments to strengthen the requirements and facilitate their implementation, which are contained in the present publication.

  10. Legal Terms Used in Reception Order and their Relevance to Judicial Process.

    Science.gov (United States)

    Subramanian, Nakkeerar; Ramanathan, Rajkumar; Kumar, Venkatesh Madhan; Chellappan, Dhanabalan Kalingarayan Palayam; Ramasamy, Jeyaprakash

    2016-01-01

    Law governs the admission and management of involuntary admissions of mentally ill persons who are admitted under the provisions of the mental health act. The court directs the doctor to take charge of such persons. In the further dealings of such person the medical officer of the psychiatric facility comes across legal terms, which require understanding so that patients could be dealt with properly. Various terms such as accused, under police custody, judicial custody, remand prisoner, or under trial prisoner are used to denote their legal status. It is imperative for the medical officer to understand the nuances in the meanings of these terms. There are many times when the relevant section under which the admission is ordered is not found in the reception order. In these cases the terminology by which the patient is mentioned throws a light on the status of the patient. Towards this aim a study was carried out to assess the awareness and understanding of such terms by the faculty and post- graduates of a tertiary care hospital that deals with the admission and care of such patients. They were administered a questionnaire containing these terms and asked to provide the meaning of these terms. The results showed that nearly half the faculty and students were not having clarity in awareness or understanding of the terms. Hence these terms and their meanings were gleaned from various judgments. The proper meaning of these terms and their use in judicial process and their importance is discussed.

  11. Women's opinions of legal requirements for drug testing in prenatal care.

    Science.gov (United States)

    Tucker Edmonds, Brownsyne; Mckenzie, Fatima; Austgen, MacKenzie B; Carroll, Aaron E; Meslin, Eric M

    2017-07-01

    To explore women's attitudes and perceptions regarding legal requirements for prenatal drug testing. Web-based survey of 500 US women (age 18-45) recruited from a market research survey panel. A 24-item questionnaire assessed their opinion of laws requiring doctors to routinely verbal screen and urine drug test patients during pregnancy; recommendations for consequences for positive drug tests during pregnancy; and opinion of laws requiring routine drug testing of newborns. Additional questions asked participants about the influence of such laws on their own care-seeking behaviors. Data were analyzed for associations between participant characteristics and survey responses using Pearson's chi-squared test. The majority of respondents (86%) stated they would support a law requiring verbal screening of all pregnant patients and 73% would support a law requiring universal urine drug testing in pregnancy. Fewer respondents were willing to support laws that required verbal screening or urine drug testing (68% and 61%, respectively) targeting only Medicaid recipients. Twenty-one percent of respondents indicated they would be offended if their doctors asked them about drug use and 14% indicated that mandatory drug testing would discourage prenatal care attendance. Women would be more supportive of policies requiring universal rather than targeted screening and testing for prenatal drug use. However, a noteworthy proportion of women would be discouraged from attending prenatal care - a reminder that drug testing policies may have detrimental effects on maternal child health.

  12. Political Science, The Judicial Process, and A Legal Education

    Science.gov (United States)

    Funston, Richard

    1975-01-01

    Application of the behavioral approach to the study of the judicial process is examined including methodological approaches used, typical findings, and "behavioralists'" rejection of the case method of studying law. The author concludes that the behavioral approach to the study of judicial politics has not been substantially productive. (JT)

  13. 49 CFR 551.66 - What is the legal effect of service of process on an agent?

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 6 2010-10-01 2010-10-01 false What is the legal effect of service of process on... Service of Process on Foreign Manufacturers and Importers Method of Service of Process § 551.66 What is the legal effect of service of process on an agent? Service on an agent of administrative or judicial...

  14. Psycho-social processes in dealing with legal innovation in the community: insights from biodiversity conservation.

    Science.gov (United States)

    Castro, Paula; Mouro, Carla

    2011-06-01

    Mitigation measures for tackling the consequences of a changing climate will involve efforts of various types including the conservation of affected ecosystems. For this, communities throughout the world will be called on to change habits of land and water use. Many of these changes will emerge from the multilevel governance tools now commonly used for environmental protection. In this article, some tenets of a social psychology of legal innovation are proposed for approaching the psycho-social processes involved in how individuals, groups and communities respond to multilevel governance. Next, how this approach can improve our understanding of community-based conservation driven by legal innovation is highlighted. For this, the macro and micro level processes involved in the implementation of the European Natura 2000 Network of Protected Sites are examined. Finally, some insights gained from this example of multilevel governance through legal innovation will be enumerated as a contribution for future policy making aimed at dealing with climate change consequences.

  15. The process of outsourcing applied to public administration - legal approach

    Directory of Open Access Journals (Sweden)

    Bruno Magera Conceição

    2018-01-01

    Full Text Available The article presents an analysis of outsourcing in the Brazilian Public Administration and the way it currently operates, initiating a process of reform, aiming to reduce the size of the administrative apparatus. Several doctrinal and jurisprudential concepts have been demonstrated in order to demonstrate in a concise way the applicability of outsourcing as a mechanism to reduce costs of the public machine, increase its efficiency and decrease its size. Some advantages of the use of outsourcing by the public administration by several jurists are presented, including the gains in competitiveness and ease of supervision by the citizens. The extension of the responsibility of the public administration by the outsourced company and the way in which it operates, in the light of the legislation, jurisprudence and the best doctrine, suggest efficient alternatives in the exercise of the administration, increasing its credibility and efficiency in the attainment of governmental objectives. The methodology used was through deductive. The achieved results demonstrate that the process of outsourcing after quality and a new dynamics in the public service.

  16. 5 CFR 297.402 - Disclosure pursuant to a compulsory legal process served on the Office.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Disclosure pursuant to a compulsory legal process served on the Office. 297.402 Section 297.402 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS PRIVACY PROCEDURES FOR PERSONNEL RECORDS Disclosure of Records § 297.402 Disclosure pursuant to a compulsory...

  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. Legal requirements for human-health based appeals of wind energy projects in ontario.

    Science.gov (United States)

    Engel, Albert M

    2014-01-01

    In 2009, the government of the province of Ontario, Canada passed new legislation to promote the development of renewable energy facilities, including wind energy facilities in the province. Throughout the legislative process, concerns were raised with respect to the effect of wind energy facilities on human health. Ultimately, the government established setbacks and sound level limits for wind energy facilities and provided Ontario residents with the right to appeal the approval of a wind energy facility on the ground that engaging in the facility in accordance with its approval will cause serious harm to human health. The first approval of a wind facility under the new legislation was issued in 2010 and since then, Ontario's Environmental Review Tribunal as well as Ontario's courts has been considering evidence proffered by appellants seeking revocation of approvals on the basis of serious harm to human health. To date, the evidence has been insufficient to support the revocation of a wind facility approval. This article reviews the legal basis for the dismissal of human-health based appeals.

  19. A BRIEF STUDY ABOUT THE LEGAL NATURE OF PRECAUTIONA RY PRISONS (? IN BRAZILIAN CRIMINAL PROCESS

    Directory of Open Access Journals (Sweden)

    Tatiana Paula Cruz de Siqueira

    2015-12-01

    Full Text Available This article analyzes, even if soon, the legal nature of prison said as precautionary, that occur during the police investigation or criminal process. Over this study, prison in the act, preventive prison, according to each of its assumptions and, lastly, temporary prison will bel analyzed. At the end, will be presented the measures, which are effectively considered precautionary, serving to the utility of the final provision, like security measures

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  1. Critical Review of NOAA's Observation Requirements Process

    Science.gov (United States)

    LaJoie, M.; Yapur, M.; Vo, T.; Templeton, A.; Bludis, D.

    2017-12-01

    NOAA's Observing Systems Council (NOSC) maintains a comprehensive database of user observation requirements. The requirements collection process engages NOAA subject matter experts to document and effectively communicate the specific environmental observation measurements (parameters and attributes) needed to produce operational products and pursue research objectives. User observation requirements documented using a structured and standardized manner and framework enables NOAA to assess its needs across organizational lines in an impartial, objective, and transparent manner. This structure provides the foundation for: selecting, designing, developing, acquiring observing technologies, systems and architectures; budget and contract formulation and decision-making; and assessing in a repeatable fashion the productivity, efficiency and optimization of NOAA's observing system enterprise. User observation requirements are captured independently from observing technologies. Therefore, they can be addressed by a variety of current or expected observing capabilities and allow flexibility to be remapped to new and evolving technologies. NOAA's current inventory of user observation requirements were collected over a ten-year period, and there have been many changes in policies, mission priorities, and funding levels during this time. In light of these changes, the NOSC initiated a critical, in-depth review to examine all aspects of user observation requirements and associated processes during 2017. This presentation provides background on the NOAA requirements process, major milestones and outcomes of the critical review, and plans for evolving and connecting observing requirements processes in the next year.

  2. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations

    International Nuclear Information System (INIS)

    Buckler, Julius

    2016-01-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [de

  3. A methodology to describe process control requirements

    International Nuclear Information System (INIS)

    Carcagno, R.; Ganni, V.

    1994-01-01

    This paper presents a methodology to describe process control requirements for helium refrigeration plants. The SSC requires a greater level of automation for its refrigeration plants than is common in the cryogenics industry, and traditional methods (e.g., written descriptions) used to describe process control requirements are not sufficient. The methodology presented in this paper employs tabular and graphic representations in addition to written descriptions. The resulting document constitutes a tool for efficient communication among the different people involved in the design, development, operation, and maintenance of the control system. The methodology is not limited to helium refrigeration plants, and can be applied to any process with similar requirements. The paper includes examples

  4. Responsibilities in the Usability Requirements Elicitation Process

    Directory of Open Access Journals (Sweden)

    Marianella Aveledo

    2008-12-01

    Full Text Available Like any other software system quality attribute, usability places requirements on software components. In particular, it has been demonstrated that certain usability features have a direct impact throughout the software process. This paper details an approach that looks at how to deal with certain usability features in the early software development stages. In particular, we consider usability features as functional usability requirements using patterns that have been termed usability patterns to elicit requirements. Additionally, we clearly establish the responsibilities of all the players at the usability requirements elicitation stage.

  5. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  6. Specifying process requirements for holistic care.

    Science.gov (United States)

    Poulymenopoulou, M; Malamateniou, F; Vassilacopoulos, G

    2013-09-01

    Holistic (health and social) care aims at providing comprehensive care to the community, especially to elderly people and people with multiple illnesses. In turn, this requires using health and social care resources more efficiently through enhanced collaboration and coordination among the corresponding organizations and delivering care closer to patient needs and preferences. This paper takes a patient-centered, process view of holistic care delivery and focuses on requirements elicitation for supporting holistic care processes and enabling authorized users to access integrated patient information at the point of care when needed. To this end, an approach to holistic care process-support requirements elicitation is presented which is based on business process modeling and places particular emphasis on empowering collaboration, coordination and information sharing among health and social care organizations by actively involving users and by providing insights for alternative process designs. The approach provides a means for integrating diverse legacy applications in a process-oriented environment using a service-oriented architecture as an appropriate solution for supporting and automating holistic care processes. The approach is applied in the context of emergency medical care aiming at streamlining and providing support technology to cross-organizational health and social care processes to address global patient needs.

  7. On legal requirements for construction of high temperature reactors (HTR) in Poland

    Energy Technology Data Exchange (ETDEWEB)

    Nowacki, Tomasz R. [Ministry of Economic Development, Warsaw (Poland). Dept. for Regulatory Risk Assessment

    2017-08-15

    In the July 2016 issue of atw an article has been published on the legal obstacles to the construction of HTRs in Poland. The authors have raised a number of objections to the Polish law with the main thesis of the inability, or at least a significant impediment to the construction of such installations without significant legislative intervention. The main purpose of this text is to prove that the construction of HTRs based on the existing Polish laws and regulations is possible. In addition, the author intends to clarify the particular concerns expressed in the article regarding the particular legislation and correct improper statements and interpretations of the Polish nuclear law. The article deals only with strictly legal issues and does not take a stand on the technical feasibility and reality of ambitious plans for the construction of HTRs in Poland.

  8. Legal requirements for long-lasting radioactive waste disposal; Rechtliche Anforderungen der Beseitigung hochradioaktiver langlebiger Abfaelle

    Energy Technology Data Exchange (ETDEWEB)

    Giesselmann, Matthias

    2016-07-01

    The topic of nuclear disposal has been treated in juridical regard up to now only rudimentary. To this day the federation has not met the legal obligation existing for roughly 40 years to set up a plant for the safekeeping and for the permanent storage of highly-radioactive waste. Repeatedly changed disposal-conceptual approaches have contributed perpetually to a temporal shift of the ''dumping question'' into an uncertain future. Against this background it seems necessary on to examine whether such a ''politics of ephemeral solution attempts'' is legally to be accepted (any longer). Hence, including the recently remitted site selection law the author works out extensively the removal regime applying in Germany for highly radioactive long-lasting rubbish and verifies his compatibility with the European law, the German constitutional law and the thematically relevant International treaty law.

  9. On legal requirements for construction of high temperature reactors (HTR) in Poland

    International Nuclear Information System (INIS)

    Nowacki, Tomasz R.

    2017-01-01

    In the July 2016 issue of atw an article has been published on the legal obstacles to the construction of HTRs in Poland. The authors have raised a number of objections to the Polish law with the main thesis of the inability, or at least a significant impediment to the construction of such installations without significant legislative intervention. The main purpose of this text is to prove that the construction of HTRs based on the existing Polish laws and regulations is possible. In addition, the author intends to clarify the particular concerns expressed in the article regarding the particular legislation and correct improper statements and interpretations of the Polish nuclear law. The article deals only with strictly legal issues and does not take a stand on the technical feasibility and reality of ambitious plans for the construction of HTRs in Poland.

  10. Perspectives on the divorce process: parental perceptions of the legal system and its impact on family relations.

    Science.gov (United States)

    Pruett, M K; Jackson, T D

    2001-01-01

    Through semistructured interviews, divorcing parents provide a consumer perspective of the legal process of divorce discussed in law and mental health literature. The parents offer a heightened awareness of families' basic needs within the legal system that may otherwise be overlooked by professionals. This article focuses on narrative accounts provided by 41 divorcing parents to describe both their positive and negative experiences with the legal system and court-related professionals. Although many parents entered the divorce process with hopes for a fair and reasonable experience and outcome, only 12 percent of the parents ended the process with positive expectations. Parents conveyed feelings of a lack of power and control over divorce outcomes. The responses from parents provide valuable insight into how reforms of the legal system can be structured best to increase the quality of the process and ameliorate potentially destructive effects of divorce on the family.

  11. Deficiency tracking system, conceptual business process requirements

    Energy Technology Data Exchange (ETDEWEB)

    Hermanson, M.L.

    1997-04-18

    The purpose of this document is to describe the conceptual business process requirements of a single, site-wide, consolidated, automated, deficiency management tracking, trending, and reporting system. This description will be used as the basis for the determination of the automated system acquisition strategy including the further definition of specific requirements, a ''make or buy'' determination and the development of specific software design details.

  12. Deficiency tracking system, conceptual business process requirements

    International Nuclear Information System (INIS)

    Hermanson, M.L.

    1997-01-01

    The purpose of this document is to describe the conceptual business process requirements of a single, site-wide, consolidated, automated, deficiency management tracking, trending, and reporting system. This description will be used as the basis for the determination of the automated system acquisition strategy including the further definition of specific requirements, a ''make or buy'' determination and the development of specific software design details

  13. Change in requirements during the design process

    DEFF Research Database (Denmark)

    Sudin, Mohd Nizam Bin; Ahmed-Kristensen, Saeema

    2011-01-01

    Specification is an integral part of the product development process. Frequently, more than a single version of a specification is produced due to changes in requirements. These changes are often necessary to ensure the scope of the design problem is as clear as possible. However, the negative...... on a pre-defined coding scheme. The results of the study shows that change in requirements were initiated by internal stakeholders through analysis and evaluation activities during the design process, meanwhile external stakeholders were requested changes during the meeting with consultant. All...

  14. Process heat supply requirements on HTGRs

    International Nuclear Information System (INIS)

    Schad, M.K.

    1989-01-01

    Since it has been claimed that the MHTGR is competitive with coal in producing electricity, the MHTGR must be competitive in producing process heat. There is a huge process heat market and there are quite a number of processes where the industrial MHTGR = HTRI could supply the necessary process heat and energy. However, to enhance its introduction on the market and to conquer a reasonable share of the market, the HTRI should fulfill the following major requirements: Unlimited constant and flexible heat supply, no secondary heat transport system at higher temperatures and low radioactive contamination level of the primary helium. Unlimited constant and flexible heat supply could be achieved with smaller HTRIs having heat generation capacities below 100 MW-th. The process heat generated by smaller HTRIs need not be more expensive since the installed necessary heat supply redundancy is smaller and the excess power density lower. The process heat at elevated temperatures generated by a HTRI with a secondary heat transfer system is much more expensive due to the additional investment and operating cost as well as the reduced helium temperature span available. For some processes, the HTRI is not able to cover the total process heat requirement while other processes can consume only part of the heat offered. These limitations could be reduced by using higher core outlet and inlet temperatures or both. Due to the considerably lower heat transfer rates and the resulting larger heat transfer areas in process plants, the diffusion of nuclear activity at elevated temperatures may increase so that a more efficient helium cleaning system may be required. (author). 5 figs, 3 tabs

  15. Procedural Due Process and Fairness in Student Discipline. A Legal Memorandum.

    Science.gov (United States)

    Johnson, T. Page

    When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

  16. Financial Management: DoD Process for Reporting Contingent Legal Liabilities

    National Research Council Canada - National Science Library

    Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

    2006-01-01

    Personnel within the Office of the Secretary of Defense, other DoD Components responsible for preparing the annual financial statements, and legal counsel who provide legal representations regarding...

  17. Aerodynamic isotope separation processes for uranium enrichment: process requirements

    International Nuclear Information System (INIS)

    Malling, G.F.; Von Halle, E.

    1976-01-01

    The pressing need for enriched uranium to fuel nuclear power reactors, requiring that as many as ten large uranium isotope separation plants be built during the next twenty years, has inspired an increase of interest in isotope separation processes for uranium enrichment. Aerodynamic isotope separation processes have been prominently mentioned along with the gas centrifuge process and the laser isotope separation methods as alternatives to the gaseous diffusion process, currently in use, for these future plants. Commonly included in the category of aerodynamic isotope separation processes are: (a) the separation nozzle process; (b) opposed gas jets; (c) the gas vortex; (d) the separation probes; (e) interacting molecular beams; (f) jet penetration processes; and (g) time of flight separation processes. A number of these aerodynamic isotope separation processes depend, as does the gas centrifuge process, on pressure diffusion associated with curved streamlines for the basic separation effect. Much can be deduced about the process characteristics and the economic potential of such processes from a simple and elementary process model. In particular, the benefit to be gained from a light carrier gas added to the uranium feed is clearly demonstrated. The model also illustrates the importance of transient effects in this class of processes

  18. Evaluation of Legal Data Protection Requirements in Cloud Services in the Context of Contractual Relations with End-Users

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

    Full Text Available Purpose – to analyse the compliance with basic principles of data protection in selected consumer oriented cloud services contracts, and also to highlight the adequate level of data protection in the mentioned contracts, evaluating existing data protection directive 95/46/EC, also proposed General data protection regulation.Design/methodology/approach – various survey methods have been used in the work integrated. Documental analysis method has been used in analysis of scientific literature, legal acts and other documents, where aspects of legal data protection requirements have been included. Legal documents analysis method together with logical-analytic method has been used in analysing Directive 95/46/EU, Proposal for a regulation of the European Parliament and of the Council and jurisprudence of the European Court of Human Rights. Comparative method has been applied for revealing difference between particular cloud services contracts and also comparing the compliance of cloud services contracts to requirements of basic European data protection principles, established in the international documents.Findings – from the brief analysis of selected consumer oriented cloud service providers, it may be implied that more or less all the legal principles, established in the legal acts, are reflected in the privacy policies and/or service agreements. However, it shall be noted that there is a big difference in wording of the analysed documents. Regarding other principles, all examined cloud service providers do not have indemnification provisions regarding unlawful use of personal data.Research limitations/implications – the concept of the contract was presented in a broad sense, including the privacy policies and/or terms and conditions of the service providers. In accordance with the content of the principles, the authors grouped data protection principles, applied in cloud services into fundamental and recommendatory.Practical implications

  19. Legal Regulations Concerning Some Measures Taken To Accelerate The Settlement Of The Processes In Romania

    Directory of Open Access Journals (Sweden)

    Ion Țuțuianu

    2014-03-01

    Full Text Available AbstractThe small reform represented a significant step in the dynamics of the Romanian legal life. The amendments of the civil and criminal law prefigured the long waited big reform of the national legislation, to identify the mechanisms needed to accelerate the settlement of the processes as an essential coordinate of the constitutional state. The Law no. 202 from October 25, 2010 concerning some measures to accelerate the settlement of the processes brought in actuality several problems the activity of interpretation and law enforcement, of bridging modifying provisions with the existing ones in the Code of Civil Procedure and the Code of Criminal Procedure, at that time, but also concerning the application in time.Keywords: reform, mediation, offense.

  20. The Training Requirements for the Workers a Legal Instrument to Ensure the Safety Use of the Ionizing Radiation Sources

    International Nuclear Information System (INIS)

    Rosca, G.; Coroianu, A.; Stanescu, G.

    2009-01-01

    Recognizing the need for a graded and commensurate with the practice associated risk approach, the Romanian Regulatory Authority developed the legal framework for defining the roles, duties and responsibilities for the radiation workers (RWs) and the radiological safety officer (RPO). The licensee is responsible to provide for the RWs basic knowledge and understanding of radiation proprieties, good knowledge of the local rules and the operational radiation protection methods and the safety features of the devices, on the job training under the supervision of a RPO or a qualified expert (RPE). Every 5 years the participation to a refresher course is required

  1. 'The biggest legal battle in UK casino history': Processes and politics of 'cheating' in sociotechnical networks.

    Science.gov (United States)

    Johnson, Mark R

    2018-04-01

    Previous literature on cheating has focused on defining the concept, assigning responsibility to individual players, collaborative social processes or technical faults in a game's rules. By contrast, this paper applies an actor-network perspective to understanding 'cheating' in games, and explores how the concept is rhetorically effective in sociotechnical controversies. The article identifies human and nonhuman actors whose interests and properties were translated in a case study of 'edge sorting' - identifying minor but crucial differences in tessellated patterns on the backs of playing cards, and using these to estimate their values. In the ensuing legal controversy, the defending actors - casinos - retranslated the interests of actors to position edge sorting as cheating. This allowed the casinos to emerge victorious in a legal battle over almost twenty million dollars. Analyzing this dispute shows that cheating is both sociotechnically complex as an act and an extremely powerful rhetorical tool for actors seeking to prevent changes to previously-established networks. Science and Technology Studies (STS) offers a rich toolkit for examining cheating, but in addition the cheating discourse may be valuable to STS, enlarging our repertoire of actor strategies relevant to sociotechnical disputes.

  2. Classification and disposal of radioactive wastes: History and legal and regulatory requirements

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1990-01-01

    This document discusses the laws and regulations in the United States addressing classification of radioactive wastes and the requirements for disposal of different waste classes. This review emphasizes the relationship between waste classification and the requirements for permanent disposal

  3. Gas industry standards board: Legal considerations in the standard setting process

    Energy Technology Data Exchange (ETDEWEB)

    Mishkin, M.T.; Adelman, D.I.

    1994-01-01

    On December 23, 1993, the Federal Energy Regulatory Commission (FERC) issued Order 563, a Final Rule adopting the agreements of informal industry-wide working groups to standardize information relating to pipeline capacity release programs mandated under Order 636. Order 563 is noteworthy for its reliance upon the industry to develop consensus standards for Commission adoption. The industry's success in reaching agreements on key communication standards issues spawned recommendations from the working groups to continue the development and maintenance of industry-wide standards through a permanent Gas Industry Standards Board (GISB). This article examines legal issues bearing on GISB's potential role in the regulatory process. Specifically, this article addresses constitutional and statutory considerations relating to the FERC's authority to delegate certain responsibilities to a voluntary, industry sponsored and supported private body such as that taking shape within the gas industry.

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

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Sergiu CORNEA

    2012-12-01

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

  6. The Requirement of Being a "Fit and Proper" Person for the Legal ...

    African Journals Online (AJOL)

    An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This requirement of being a "fit and proper" person is not defined or described in legislation. It is left to the ...

  7. 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.

  8. How to integrate legal requirements into a requirements engineering methodology for the development of security and privacy patterns

    NARCIS (Netherlands)

    Compagna, L.; El Khoury, P.; Krausová, A.; Massacci, F.; Zannone, N.

    2009-01-01

    Laws set requirements that force organizations to assess the security and privacy of their IT systems and impose them to implement minimal precautionary security measures. Several IT solutions (e.g., Privacy Enhancing Technologies, Access Control Infrastructure, etc.) have been proposed to address

  9. Physician perspectives on legal processes for resolving end-of-life disputes.

    Science.gov (United States)

    Chidwick, Paula; Sibbald, Robert

    2011-01-01

    In order to understand how to effectively approach end-of-life disputes, this study surveyed physicians' attitudes towards one process for resolving end-of-life disputes, namely, the Consent and Capacity Board of Ontario. In this case, the process involved examining interpretation of best interests between substitute decision-makers and medical teams. Physicians who made "Form G" applications to the Consent and Capacity Board of Ontario that resulted in a decision posted on the open-access database, Canadian Legal Information Institute (CanLii), were identified and surveyed. This purposive sample led to 13 invitations to participate and 12 interviews (92% response rate). Interviews were conducted using a prescribed interview guide. No barriers to the Consent and Capacity Board process were reported. Applications were made when physicians reached an impasse with the family and further treatment was perceived to be "unethical." The most significant challenge reported was the delay when appeals were launched. Appeals extended the process for an indefinite period of time making it so lengthy it negated any perceived benefits of the process. Benefits included that a neutral third party, namely the Consent and Capacity Board, was able to assess best interests. Also, when decisions were timely, further harm to the patient was minimized. Physicians reported this particular approach, namely the Consent and Capacity Board has a mechanism that is worthwhile, patient centred, process oriented, orderly and efficient for resolving end-of-life disputes and, in particular, determining best interests. However, unless the appeal process can be adjusted to respond to the ICU context there is a risk of not serving the best interest of patients. Physicians would recommend framing end-of-life treatment plans in the positive instead of negative, for example, propose palliative care and no escalation of treatment as opposed to withdrawal.

  10. Sources, classification, and disposal of radioactive wastes: History and legal and regulatory requirements

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1991-01-01

    This report discusses the following topics: (1) early definitions of different types (classes) of radioactive waste developed prior to definitions in laws and regulations; (2) sources of different classes of radioactive waste; (3) current laws and regulations addressing classification of radioactive wastes; and requirements for disposal of different waste classes. Relationship between waste classification and requirements for permanent disposal is emphasized; (4) federal and state responsibilities for radioactive wastes; and (5) distinctions between radioactive wastes produced in civilian and defense sectors

  11. Processing Multimodal Legal Discourse; The Case of Stanley ‘Tookie’ Williams

    NARCIS (Netherlands)

    van den Hoven, P.J.|info:eu-repo/dai/nl/070378096; Kišiček, Gabrijela

    2017-01-01

    We focus on a striking difference between prototypical legal discourse format and a complex multimodal discourse format: the role of the mediating narrator. In prototypical verbal legal discourse, the narrator concurs with one clearly identifiable top-voice. The narration is close to ‘monotone’; the

  12. The Requirement of Being a "Fit and Proper" Person for the Legal Profession

    Directory of Open Access Journals (Sweden)

    M Slabbert

    2011-07-01

    Full Text Available An important requirement for admission as an attorney or advocate is to be a "fit and proper" person. Lawyers are also struck from the respective rolls of advocates or attorneys if they cease to be "fit and proper". This requirement of being a "fit and proper" person is not defined or described in legislation. It is left to the subjective interpretation of and application by seniors in the profession and ultimately the court. In the apartheid years this requirement was applied arbitrarily but today the question may be asked why some lawyers who have been found to be "fit and proper" do not act as such. The pre-admission character screening of lawyers seems not to be effective any more. Post- admission moral development is imperative.

  13. Sound insulation of dwellings - Legal requirements in Europe and subjective evaluation of acoustical comfort

    DEFF Research Database (Denmark)

    Rasmussen, B.; Rindel, Jens Holger

    2003-01-01

    Acoustical comfort is a concept that can be characterised by absence of unwanted sound and by opportunities for acoustic activities without annoying other people. In order to achieve acoustical comfort in dwellings certain requirements have to be fulfilled concerning the airborne sound insulation...... requirement for sound insulation. The findings can also be used as a guide to specify acoustic requirements for dwellings in the future......., the impact sound insulation and the noise level from traffic and building services. For road traffic noise it is well established that an outdoor noise level LAeq, 24 h below 55 dB in a housing area means that approximately 15-20% of the occupants are annoyed by the noise. However, for sound insulation...

  14. Developing a 3D Road Cadastral System: Comparing Legal Requirements and User Needs

    Science.gov (United States)

    Gristina, S.; Ellul, C.; Scianna, A.

    2016-10-01

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

  15. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement.

    Science.gov (United States)

    Ferri, Giovane Lopes; Chaves, Gisele de Lorena Diniz; Ribeiro, Glaydston Mattos

    2015-06-01

    This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the characteristic of social vulnerability, must be included in the system. In addition to the theoretical contribution to the reverse logistics network problem, this study aids in decision-making for public managers who have limited technical and administrative capacities for the management of solid wastes. Copyright © 2015 Elsevier Ltd. All rights reserved.

  16. Sound insulation of dwellings - Legal requirements in Europe and subjective evaluation of acoustical comfort

    OpenAIRE

    Rasmussen, Birgit; Rindel, Jens Holger

    2003-01-01

    Acoustical comfort is a concept that can be characterised by absence of unwanted sound and by opportunities for acoustic activities without annoying other people. In order to achieve acoustical comfort in dwellings certain requirements have to be fulfilled concerning the airborne sound insulation, the impact sound insulation and the noise level from traffic and building services.For road traffic noise it is well established that an outdoor noise level LAeq, 24 h below 55 dB in a housing area ...

  17. Consideration of the legal system required for achievement of current nuclear power plant construction programmes

    International Nuclear Information System (INIS)

    Castellon Fernandez, E.; Forum Atomico Espanol, Madrid)

    1976-01-01

    The extensive nuclear power plant construction programmes currently in progress in western countries require updating of the legislation in force in this field, especially as regards the following: acquisition of the sites necessary by means of a national planning programme of available sites; simplification of formalities concerning issuance of administrative licenses; revision of the principle of absolute and exclusive liability of the nuclear operator which forms the basis of the third party liability system for nuclear damage; radioactive waste management and decommissioning of nuclear plants. Furthermore, this new legislation should be harmonized between the different countries concerned. (N.E.A.) [fr

  18. Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

    Energy Technology Data Exchange (ETDEWEB)

    Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

    2012-12-15

    A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

  19. Financial Management: DoD Process for Reporting Contingent Legal Liabilities

    National Research Council Canada - National Science Library

    Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

    2006-01-01

    .... The report is intended to convey systemic concerns across DoD and to provide DoD management and legal counsel the basis for developing policies and procedures for reporting and disclosing contingent...

  20. Financial Management: DoD Process for Reporting Contingent Legal Liabilities

    National Research Council Canada - National Science Library

    Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

    2006-01-01

    ... contingent liabilities should read this report. It identifies areas where DoD and its Components have not fully complied with Federal financial accounting standards and are not consistent in computing and disclosing contingent legal liabilities...

  1. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

    Science.gov (United States)

    Otgaar, Henry; Sauerland, Melanie; Petrila, John P

    2013-01-01

    The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  2. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

    Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

  3. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement

    Energy Technology Data Exchange (ETDEWEB)

    Ferri, Giovane Lopes, E-mail: giovane.ferri@aluno.ufes.br [Department of Engineering and Technology, Federal University of Espírito Santo – UFES, Rodovia BR 101 Norte, Km 60, Bairro Litorâneo, São Mateus, ES, 29.932-540 (Brazil); Diniz Chaves, Gisele de Lorena, E-mail: gisele.chaves@ufes.br [Department of Engineering and Technology, Federal University of Espírito Santo – UFES, Rodovia BR 101 Norte, Km 60, Bairro Litorâneo, São Mateus, ES, 29.932-540 (Brazil); Ribeiro, Glaydston Mattos, E-mail: glaydston@pet.coppe.ufrj.br [Transportation Engineering Programme, Federal University of Rio de Janeiro – UFRJ, Centro de Tecnologia, Bloco H, Sala 106, Cidade Universitária, Rio de Janeiro, 21949-900 (Brazil)

    2015-06-15

    Highlights: • We propose a reverse logistics network for MSW involving waste pickers. • A generic facility location mathematical model was validated in a Brazilian city. • The results enable to predict the capacity for screening and storage centres (SSC). • We minimise the costs for transporting MSW with screening and storage centres. • The use of SSC can be a potential source of revenue and a better use of MSW. - Abstract: This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the

  4. Reverse logistics network for municipal solid waste management: The inclusion of waste pickers as a Brazilian legal requirement

    International Nuclear Information System (INIS)

    Ferri, Giovane Lopes; Diniz Chaves, Gisele de Lorena; Ribeiro, Glaydston Mattos

    2015-01-01

    Highlights: • We propose a reverse logistics network for MSW involving waste pickers. • A generic facility location mathematical model was validated in a Brazilian city. • The results enable to predict the capacity for screening and storage centres (SSC). • We minimise the costs for transporting MSW with screening and storage centres. • The use of SSC can be a potential source of revenue and a better use of MSW. - Abstract: This study proposes a reverse logistics network involved in the management of municipal solid waste (MSW) to solve the challenge of economically managing these wastes considering the recent legal requirements of the Brazilian Waste Management Policy. The feasibility of the allocation of MSW material recovery facilities (MRF) as intermediate points between the generators of these wastes and the options for reuse and disposal was evaluated, as well as the participation of associations and cooperatives of waste pickers. This network was mathematically modelled and validated through a scenario analysis of the municipality of São Mateus, which makes the location model more complete and applicable in practice. The mathematical model allows the determination of the number of facilities required for the reverse logistics network, their location, capacities, and product flows between these facilities. The fixed costs of installation and operation of the proposed MRF were balanced with the reduction of transport costs, allowing the inclusion of waste pickers to the reverse logistics network. The main contribution of this study lies in the proposition of a reverse logistics network for MSW simultaneously involving legal, environmental, economic and social criteria, which is a very complex goal. This study can guide practices in other countries that have realities similar to those in Brazil of accelerated urbanisation without adequate planning for solid waste management, added to the strong presence of waste pickers that, through the

  5. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

  6. Improving the requirements process in Axiomatic Design Theory

    DEFF Research Database (Denmark)

    Thompson, Mary Kathryn

    2013-01-01

    This paper introduces a model to integrate the traditional requirements process into Axiomatic Design Theory and proposes a method to structure the requirements process. The method includes a requirements classification system to ensure that all requirements information can be included...... in the Axiomatic Design process, a stakeholder classification system to reduce the chances of excluding one or more key stakeholders, and a table to visualize the mapping between the stakeholders and their requirements....

  7. Understanding Modeling Requirements of Unstructured Business Processes

    NARCIS (Netherlands)

    Allah Bukhsh, Zaharah; van Sinderen, Marten J.; Sikkel, Nicolaas; Quartel, Dick

    2017-01-01

    Management of structured business processes is of interest to both academia and industry, where academia focuses on the development of methods and techniques while industry focuses on the development of supporting tools. With the shift from routine to knowledge work, the relevance of management of

  8. Churn in the Aircraft Spares Requirements Process.

    Science.gov (United States)

    1988-04-01

    compute the BY and EY (198.4 and 1935 ) requi rements. The EY requirement woDuld have been Used forY the-_ 1985 budget reque-st submit ted tc...ami ne thws _ hanges ~a~dby chu..rn, a sample was ad cc ,Led. Thixsrrpiewas no--t r andc:m and c an no.:t be assumed to- be r epr e- en t t iye of...in the FY86, Apprpriations Act, and the budglet r eqUest was reduc-ed 3(. - mill ion dcll1ar s based on a HO’’ E? Surveys aind Investigation : epr that

  9. Participatory Metalegal and Legal Processes for the Coastal Development Plan of Bolinao, Pangasinan

    Directory of Open Access Journals (Sweden)

    Wenceslao Asido Jr.

    2000-12-01

    Full Text Available The Coastal Development Plan that was passed into law as the Municipal Fisheries Ordinance of Bolinao, Pangasinan, is a concrete example of community participation in policy development. Among the effective metalegal strategies used during the evolution of the plan into an ordinance were the lobbies staged by the federation of people’s organizations (KAISAKA, the Municipal Fisheries and Aquatic Resources Management Council (MFARMC, and the Municipal Mayor. The capacity of various sectors to participate actively in the passage of the plan was enhanced through legal consultations and training provided by the Marine Fisheries Resources Management Project, in partnership with Tanggol Kalikasan, the legal arm of Haribon Foundation. The experience underscores the need for development projects to include the metalegal training of community constituents as a requisite for the latter to actively participate in the formulation of policies and laws for coastal resources management.

  10. U.S. Case Law and Legal Precedent Affirming the Due Process Rights of Immigrants Fleeing Persecution.

    Science.gov (United States)

    Sidhu, Shawn S; Boodoo, Ramnarine

    2017-09-01

    The political discourse on domestic immigration policy has shifted rapidly in recent years, mirrored by similar shifts in the geopolitical climate worldwide. However, a nuanced assessment of the legal basis backing such rhetoric is sorely lacking. This article examines the historical, legal, and case law precedent as it pertains specifically to immigrants who are fleeing persecution and residing within the United States. Due process rights emerged from the Fifth, Sixth, and Fourteenth Constitutional Amendments and have been expanded to include this population through several sequential United States Supreme Court Cases. We review the 1951 Convention Related to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees and examine subsequent case law and legal precedent. We then present evidence documenting widespread violations of due process rights for immigrants fleeing persecution. Specifically, we address the right to a fair hearing for individuals fearing for their lives upon return to their home country, the right against wrongful detainment, and the right to apply for asylum regardless of religion or country of origin. We conclude by addressing potential counterarguments to our thesis, future directions, and the role of forensic psychiatrists. © 2017 American Academy of Psychiatry and the Law.

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

    Directory of Open Access Journals (Sweden)

    Marco Antonio Lima

    2016-10-01

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

  12. Procurement activities required by the nuclear program developed by nuclearelectrica national company- technical issues versus public acquisitions legal issues

    International Nuclear Information System (INIS)

    Vatamanu, Mariana

    2007-01-01

    Public procurement is one of the areas of the single market where the results of the liberalization drive have not yet measured up to expectations. This communication presents some technical issues versus public acquisition legal issues and suggests ways and means of improving contract award procedures. Procurement area includes the acquisition of goods, services and works, thus assumption not only for purchasing equipment, components, spare-parts or materials, but also hiring of the contractors or consultants to carry out services and works. Procurement is related to the function of management of supply, which encompasses aside range of planning function, coding and classification, stockholding policies, store-keeping, stores accounting, etc. but it is also related to the hiring of contractors or consultants for work or services. As an answer to the challenge of the increasing market globalization it has been developed the ISO quality system, within 9000 family of standards. The very intensive competition for all market clients, either locally or globally, encouraged development of a new concept of quality management systems. Due to its specificity of activity and with respect to the rules and legislation requirements imposed either by the internal Romanian Laws and Regulations or/and by international market rules and constrains, the development, construction and operation of a Nuclear Power Plant shall be performed in a controlled condition and based on specific authorizations obtained by the Owner of the NPP from the Romanian Regulatory Authorities. The experience, accumulated by over 10 years of operation of Cernavoda NPP Unit 1 by our company, demonstrates the high importance of the Quality Management System that imposes the quality of the components installed on the plant, the services and the works developed to assure a safety operation of the nuclear unit, with a strongly dependence by the procurement system established for purchasing of goods, services and

  13. Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era

    Directory of Open Access Journals (Sweden)

    Leisy Abrego

    2017-09-01

    our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA. The second section of our analysis explores the social impacts of immigrant criminalization, as people’s experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjivar and Abrego 2012, a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today’s ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of

  14. Spiritual Occlusion and Systemic Integrity: Legal Evaluations of Due Process Protections and Freedom of Religious Expression and Practices Safeguards

    Directory of Open Access Journals (Sweden)

    Jason R. Jolicoeur

    2018-05-01

    Full Text Available As is the case with other constitutionally protected rights, the freedom of religion is not unlimited nor without restriction or constraint. Rather, the courts have long held that the state may have legitimate reasons for placing reasonable restrictions on the otherwise free exercise of religious practice. The courts have also held that the state cannot restrict religious practice in a capricious or gratuitous manner. However, the courts have also held that individuals have a constitutional right to due process legal protections. In many instances, these two freedoms exist independently of each other. In instances when they intersect, conflict may result from one right seeking hegemony over the other. In instances such as these, the courts may have to resolve conflicts by establishing legal principles and precedents regarding which of these constitutional protections will be granted contextual prominence over the other. Thus far, the legal evaluation of this important question has been confused at best and contradictory at worst. This has resulted in a number of substantive outcomes that pose significant challenges to the practice and application of both rights and an underlying avoidance of broader constitutional questions.

  15. A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation.

    Science.gov (United States)

    Annan, Joe-Steve; Addai, Emmanuel K; Tulashie, Samuel K

    2015-06-01

    Occupational health and safety (OHS) is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements.

  16. A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation

    Directory of Open Access Journals (Sweden)

    Joe-Steve Annan

    2015-06-01

    Full Text Available Occupational health and safety (OHS is a broad field of professional practice, which involves specialists from different disciplines including but not limited to engineers, occupational health physicians, physical and biological scientists, economists, and statisticians. The preventive systems required to ensure workers are protected from injuries and illnesses dwell heavily on engineers; however, the extent to which the engineer can go regarding planning and implementing preventive measures is dependent on specific legal requirements, leadership commitment from the company, organization, and nation. The objective of this paper is to identify the areas of opportunities for improvements in OHS management in Ghana with regard to the nation's legal requirements, commitment of the Ghana government, and Ghanaian leadership as well as appropriate structuring of Ghanaian institutions responsible for monitoring and managing OHS in Ghana. This paper identified Ghana's fragmented legal requirements concerning OHS, which are under different jurisdictions with unclear responsibilities and accountabilities. The paper also highlights the training needs of Ghanaian academic institutions regarding OHS. Among other recommendations made including structuring of Ghanaian institutions to manage OHS in line with the ILO-OSH 2001, this paper aligns the recommendations with the articles and elements of International Labour Organization convention number 155 and OHSAS 18001 elements.

  17. Aligning Requirements-Driven Software Processes with IT Governance

    OpenAIRE

    Nguyen Huynh Anh, Vu; Kolp, Manuel; Heng, Samedi; Wautelet, Yves

    2017-01-01

    Requirements Engineering is closely intertwined with Information Technology (IT) Governance. Aligning IT Governance principles with Requirements-Driven Software Processes allows them to propose governance and management rules for software development to cope with stakeholders’ requirements and expectations. Typically, the goal of IT Governance in software engineering is to ensure that the results of a software organization business processes meet the strategic requirements of the organization...

  18. What the History of Drugs Can Teach Us About the Current Cannabis Legalization Process: Unfinished Business.

    Science.gov (United States)

    Adrian, Manuella

    2015-01-01

    Over time, there have been considerable changes in the variety, availability, production, distribution, and use and user(s) of psychoactive substances, the meaning of substance use and its impact on users and their social or physical environment(s). This article reviews the mechanisms of introduction of psychoactive substances such as alcohol, tobacco, coffee, tea and cannabis to populations and communities that did not have them before. It considers the historical tension between early adopters who greet new substances with various levels of enthusiasm in their eagerness to enjoy what they believe to be the benefits of using these substances, and those focused on what they believe to be the negative aspects of use, who decry these new substances with horror. With more nonusers than users in the population, social policies tend to be directed at preventing, restricting, or punishing selected use, users and .drugs., using controls and interventions such regulation, incarceration, death sentence, treatment, prevention, legalization, taxation, among others. Whatever their intent or wished-for impact, all had consequences that produced additional, unplanned for, and (often) negative effects. This paper will consider some of these sequences as they occurred historically with other substances in light of the current shift to legalization and normalization of cannabis, noting the mechanisms of use, controls, and consequences of some types of formal interventions and give some attention to how and what we can learn from our experiences in order to plan ahead and become better prepared to successfully deal with the 'unexpecteds' of that well-known 'hell' paved with good intentions.

  19. Business Process Simulation: Requirements for Business and Resource Models

    Directory of Open Access Journals (Sweden)

    Audrius Rima

    2015-07-01

    Full Text Available The purpose of Business Process Model and Notation (BPMN is to provide easily understandable graphical representation of business process. Thus BPMN is widely used and applied in various areas one of them being a business process simulation. This paper addresses some BPMN model based business process simulation problems. The paper formulate requirements for business process and resource models in enabling their use for business process simulation.

  20. A Compositional Knowledge Level Process Model of Requirements Engineering

    NARCIS (Netherlands)

    Herlea, D.E.; Jonker, C.M.; Treur, J.; Wijngaards, W.C.A.

    2002-01-01

    In current literature few detailed process models for Requirements Engineering are presented: usually high-level activities are distinguished, without a more precise specification of each activity. In this paper the process of Requirements Engineering has been analyzed using knowledge-level

  1. 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.

  2. Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

    Science.gov (United States)

    Trembecka, Anna

    2013-06-01

    Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings. Zmiana ustawy o szczególnych zasadach przygotowywania i realizacji inwestycji w zakresie dróg publicznych spowodowała przyspieszony tryb pozyskiwania gruntów przeznaczonych pod budowę dróg. Wydawana na jej podstawie decyzja o zezwoleniu na realizację inwestycji drogowej wywołuje szereg skutków, tj. m.in. ustala lokalizację drogi, zatwierdza podziały geodezyjne, zatwierdza projekt budowlany a także powoduje nabycie nieruchomości z mocy prawa, przez Skarb Państwa lub jednostki samorządu terytorialnego. Przeprowadzone badania wykazały iż w powyższym trybie miasto Kraków nabyło w okresie 3 lat ponad 31 ha gruntów przeznaczonych na realizację inwestycji drogowych. Odszkodowanie ustalane jest w drodze odrębnego postępowania w oparciu o operat szacunkowy okre

  3. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

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

  4. Mimicry of the Legal: Translating de jure Land Formalization Processes Into de facto Local Action in Jambi Province, Sumatra

    Directory of Open Access Journals (Sweden)

    Yvonne Kunz

    2016-06-01

    Full Text Available In Indonesia, as in many other countries of the global South, processes to formalize rights over land have been implemented with the intention to reduce deforestation, decrease poverty and increase tenure security. Literature on de jure processes of land formalization is widely available. There is a gap, however, on the discrepancy of de jure land titling procedures and de facto strategies to legitimize land claims. Led by the theoretical concepts of “law as process” and “politics of scale”, this study closes this gap by analyzing the impact of national tenure formalization processes on de facto local patterns of land titling. Using empirical material from 16 villages in Jambi province, we show that the outcomes of the state-led land reforms and land tenure formalization processes are imitated and translated into locally feasible actions. We refer to these translation processes as “mimicry of the legal”. The land formalization endeavors fostering mimicry of the legal allow for resource exploitation and rent-seeking behavior.

  5. [Legal issues of physician-assisted euthanasia. Part II--Help in the dying process, direct and indirect active euthanasia].

    Science.gov (United States)

    Laux, Johannes; Röbel, Andreas; Parzeller, Markus

    2013-01-01

    In Germany, physician-assisted euthanasia involves numerous risks for the attending physician under criminal and professional law. In the absence of clear legal provisions, four different categories of euthanasia have been developed in legal practice and the relevant literature: help in the dying process, direct active euthanasia, indirect active euthanasia and passive euthanasia. The so-called "help during the dying process" by administering medically indicated analgesic drugs without a life-shortening effect is exempt from punishment if it corresponds to the will of the patient. If the physician omits to give such analgesic drugs although the patient demands them, this is deemed a punishable act of bodily injury. The same applies if the physician administers analgesics against the will of the patient. Medically indicated pain treatment which has a potential or certain life-shortening effect (indirect active euthanasia) is permitted under certain conditions: if there are no alternative and equally suitable treatment options without the risk of shortening the patient's life, if the patient has given his consent to the treatment and if the physician does not act with the intention to kill. The deliberate killing of a dying or terminally ill patient for the purpose of ending his suffering (direct active euthanasia) is prohibited. This includes both deliberately killing a patient against or without his will (by so-called "angels of death") and the killing of a patient who expressly and earnestly demands such an act from his physician (killing on request/on demand). Physician-assisted suicide is generally not liable to punishment in Germany. Nevertheless, the action may be subject to punishment if the physician omits to rescue the life of an unconscious suicide victim. "Palliative sedation" is regarded as a special case. It may become necessary if certain symptoms in the terminal stage of a fatal disease unbearable for the patient cannot be controlled by any other

  6. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (French Edition); Cadre gouvernemental, legislatif et reglementaire de la surete. Prescriptions generales de surete. Partie 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  7. Governmental, Legal and Regulatory Framework for Safety. General Safety Requirements. Part 1 (Spanish Edition); Marco gubernamental, juridico y regulador para la seguridad. Requisitos de Seguridad Generales. Parte 1

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

    The objective of this publication is to establish requirements in respect of the governmental, legal and regulatory framework for safety. It covers the essential aspects of the framework for establishing a regulatory body and taking other actions necessary to ensure the effective regulatory control of facilities and activities utilized for peaceful purposes. Other responsibilities and functions, such as liaison within the global safety regime and on support services for safety (including radiation protection), emergency preparedness and response, nuclear security, and the State system of accounting for and control of nuclear material, are also covered.

  8. A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice

    DEFF Research Database (Denmark)

    Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

    2015-01-01

    BACKGROUND: Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic...... countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. OBJECTIVE: The overall aim of this study was to describe society's expectations of pharmacist......-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. METHOD: A legal review was performed using online legislative databases...

  9. 5 CFR Appendix A to Part 581 - List of Agents Designated To Accept Legal Process

    Science.gov (United States)

    2010-01-01

    ... REGULATIONS PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY Pt. 581, App. A Appendix A to Part... Supervisor, 1969 So. Sheridan Ave., Sheridan, WY 82801, (307) 672-0751 Medicine Bow—Forest Supervisor, 2468...

  10. Usage of information safety requirements in improving tube bending process

    Science.gov (United States)

    Livshitz, I. I.; Kunakov, E.; Lontsikh, P. A.

    2018-05-01

    This article is devoted to an improvement of the technological process's analysis with the information security requirements implementation. The aim of this research is the competition increase analysis in aircraft industry enterprises due to the information technology implementation by the example of the tube bending technological process. The article analyzes tube bending kinds and current technique. In addition, a potential risks analysis in a tube bending technological process is carried out in terms of information security.

  11. 78 FR 38555 - Importer Permit Requirements for Tobacco Products and Processed Tobacco, and Other Requirements...

    Science.gov (United States)

    2013-06-27

    ..., and Other Requirements for Tobacco Products, Processed Tobacco, and Cigarette Papers and Tubes AGENCY... administration and enforcement of importer permits over the past decade, TTB believes that it can gain... minimum manufacturing and marking requirements for tobacco products and cigarette papers and tubes, and...

  12. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  13. Perceptions of legally mandated public involvement processes in the U.S. Forest Service

    Science.gov (United States)

    S. Andrew Predmore; Marc J. Stern; Michael J. Mortimer; David N. Seesholtz

    2011-01-01

    Results from an agency-wide survey of U.S. Forest Service personnel indicate that respondents in our sample engage in National Environmental Policy Act (NEPA) public involvement processes primarily to accomplish two goals. The most commonly supported goal was to inform and disclose as mandated by the act. The other goal reflected interests in managing agency...

  14. "An absolutely necessary piece": A qualitative study of legal perspectives on medical affidavits in the asylum process.

    Science.gov (United States)

    Scruggs, Elizabeth; Guetterman, Timothy C; Meyer, Anna C; VanArtsdalen, Jamie; Heisler, Michele

    2016-11-01

    A key challenge for asylum seekers in the United States is being able to provide evidence of prior persecution in their home countries. Medical/psychological affidavits corroborating applicants' accounts often make the difference between successful and unsuccessful applications. The purpose of this study was to identify the unmet demand for and features of effective medical/psychological affidavits in the asylum process, as well as the personal and systemic barriers for asylum seekers. This is a qualitative study of semi-structured interviews with legal professionals who work in asylum law. Sixteen asylum lawyers and one Board of Immigration Appeals accredited representative practicing in the state of Michigan, United States, participated in this study. All participants noted that a vast majority of their asylum cases would benefit from a medical affidavit but that they have difficulty finding qualified physicians with experience writing such affidavits and testifying as expert witnesses. The major barriers to obtaining medical/psychological evaluations included inability to pay for services, lack of practitioner availability, and lack of practitioner training. The participants reported that features of a strong medical affidavit included clear, concise, and corroborative accounts that supported the applicant's story from a diagnostic perspective and forensic descriptions that reinforced the credibility of the applicant. Several also noted that medical/psychological evaluations frequently would reveal additional details and incidents of trauma beyond those stated in the applicant's preliminary statement. The study results suggest substantial unmet need for trained physicians to perform medical and psychological evaluations on a pro bono basis. Lawyers' recommendations regarding effective medical affidavits and necessary ongoing support for asylum applicants should inform current efforts to improve physician and lawyer collaborations on asylum cases. Copyright

  15. Business Process Quality Computation : Computing Non-Functional Requirements to Improve Business Processes

    NARCIS (Netherlands)

    Heidari, F.

    2015-01-01

    Business process modelling is an important part of system design. When designing or redesigning a business process, stakeholders specify, negotiate, and agree on business requirements to be satisfied, including non-functional requirements that concern the quality of the business process. This thesis

  16. The minimum work required for air conditioning process

    International Nuclear Information System (INIS)

    Alhazmy, Majed M.

    2006-01-01

    This paper presents a theoretical analysis based on the second law of thermodynamics to estimate the minimum work required for the air conditioning process. The air conditioning process for hot and humid climates involves reducing air temperature and humidity. In the present analysis the inlet state is the state of the environment which has also been chosen as the dead state. The final state is the human thermal comfort fixed at 20 o C dry bulb temperature and 60% relative humidity. The general air conditioning process is represented by an equivalent path consisting of an isothermal dehumidification followed by a sensible cooling. An exergy analysis is performed on each process separately. Dehumidification is analyzed as a separation process of an ideal mixture of air and water vapor. The variations of the minimum work required for the air conditioning process with the ambient conditions is estimated and the ratio of the work needed for dehumidification to the total work needed to perform the entire process is presented. The effect of small variations in the final conditions on the minimum required work is evaluated. Tolerating a warmer or more humid final condition can be an easy solution to reduce the energy consumptions during critical load periods

  17. Green Software Engineering Adaption In Requirement Elicitation Process

    Directory of Open Access Journals (Sweden)

    Umma Khatuna Jannat

    2015-08-01

    Full Text Available A recent technology investigates the role of concern in the environment software that is green software system. Now it is widely accepted that the green software can fit all process of software development. It is also suitable for the requirement elicitation process. Now a days software companies have used requirements elicitation techniques in an enormous majority. Because this process plays more and more important roles in software development. At the present time most of the requirements elicitation process is improved by using some techniques and tools. So that the intention of this research suggests to adapt green software engineering for the intention of existing elicitation technique and recommend suitable actions for improvement. This research being involved qualitative data. I used few keywords in my searching procedure then searched IEEE ACM Springer Elsevier Google scholar Scopus and Wiley. Find out articles which published in 2010 until 2016. Finding from the literature review Identify 15 traditional requirement elicitations factors and 23 improvement techniques to convert green engineering. Lastly The paper includes a squat review of the literature a description of the grounded theory and some of the identity issues related finding of the necessity for requirements elicitation improvement techniques.

  18. Compliance with NRC subsystem requirements in the repository licensing process

    International Nuclear Information System (INIS)

    Minwalla, H.

    1994-01-01

    Section 121 of the Nuclear Waste Policy Act of 1982 requires the Nuclear Regulatory Commission (Commission) to issue technical requirements and criteria, for the use of a system of multiple barriers in the design of the repository, that are not inconsistent with any comparable standard promulgated by the Environmental Protection Agency (EPA). The Administrator of the EPA is required to promulgate generally applicable standards for protection of the general environment from offsite releases from radioactive material in repositories. The Commission's regulations pertaining to geologic repositories are provided in 10 CFR part 60. The Commission has provided in 10 CFR 60.112 the overall post-closure system performance objective which is used to demonstrate compliance with the EPA high-level waste (HLW) disposal standard. In addition, the Commission has provided, in 10 CFR 60.113, subsystem performance requirements for substantially complete containment, fractional release rate, and groundwater travel time; however, none of these subsystem performance requirements have a causal technical nexus with the EPA HLW disposal standard. This paper examines the issue of compliance with the conflicting dual regulatory role of subsystem performance requirements in the repository licensing process and recommends several approaches that would appropriately define the role of subsystem performance requirements in the repository licensing process

  19. An analytical approach to customer requirement information processing

    Science.gov (United States)

    Zhou, Zude; Xiao, Zheng; Liu, Quan; Ai, Qingsong

    2013-11-01

    'Customer requirements' (CRs) management is a key component of customer relationship management (CRM). By processing customer-focused information, CRs management plays an important role in enterprise systems (ESs). Although two main CRs analysis methods, quality function deployment (QFD) and Kano model, have been applied to many fields by many enterprises in the past several decades, the limitations such as complex processes and operations make them unsuitable for online businesses among small- and medium-sized enterprises (SMEs). Currently, most SMEs do not have the resources to implement QFD or Kano model. In this article, we propose a method named customer requirement information (CRI), which provides a simpler and easier way for SMEs to run CRs analysis. The proposed method analyses CRs from the perspective of information and applies mathematical methods to the analysis process. A detailed description of CRI's acquisition, classification and processing is provided.

  20. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  1. The Legal Context for Teacher Improvement.

    Science.gov (United States)

    Belsches-Simmons, Grace; Bray, Judith

    Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

  2. 5 CFR 582.306 - Lack of entitlement by the employee-obligor to pay from the agency served with legal process.

    Science.gov (United States)

    2010-01-01

    ... OFFICE OF PERSONNEL MANAGEMENT CIVIL SERVICE REGULATIONS COMMERCIAL GARNISHMENT OF FEDERAL EMPLOYEES' PAY... procedures are set forth therein, the agency shall return the legal process to the court, or other authority from which it was issued, and advise the court, or other authority, that the identified employee...

  3. Integrating reuse measurement practices into the ERP requirements engineering process

    NARCIS (Netherlands)

    Daneva, Maia; Münich, Jürgen; Vierimaa, Matias

    2006-01-01

    The management and deployment of reuse-driven and architecturecentric requirements engineering processes have become common in many organizations adopting Enterprise Resource Planning solutions. Yet, little is known about the variety of reusability aspects in ERP projects at the level of

  4. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

    Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

  5. Impact of sending email reminders of the legal requirement for posting results on ClinicalTrials.gov: cohort embedded pragmatic randomized controlled trial.

    Science.gov (United States)

    Maruani, Annabel; Boutron, Isabelle; Baron, Gabriel; Ravaud, Philippe

    2014-09-19

    To evaluate the impact of sending an email to responsible parties of completed trials that do not comply with the Food and Drug Administration Amendments Act 801 legislation, to remind them of the legal requirement to post results. Cohort embedded pragmatic randomized controlled trial. Trials registered on ClinicalTrials.gov. 190 out of 379 trials randomly selected by computer generated randomization list to receive the intervention (personalized emails structured as a survey and sent by one of us to responsible parties of the trials, indirectly reminding them of the legal requirement and potential penalties for non-compliance). The primary outcome was the proportion of results posted on ClinicalTrials.gov at three months. The secondary outcome was the proportion posted at six months. In a second step, two assessors blinded to the intervention group collected the date of the first results being received on ClinicalTrials.gov. A post hoc sensitivity analysis excluding trials wrongly included was performed. Among 379 trials included, 190 were randomized to receive the email intervention. The rate of posting of results did not differ at three months between trials with or without the intervention: 36/190 (19%) v 24/189 (13%), respectively (relative risk 1.5, 95% confidence interval 0.9 to 2.4, P=0.096) but did at six months: 46/190 (24%) v 27/189 (14%), 1.7, 1.1 to 2.6, P=0.014. In the sensitivity analysis, which excluded 48/379 trials (13%), 26/190 (14%) and 22/189 (12%), respectively, results were significant at three months (relative risk 5.1, 1.1 to 22.9, P=0.02) and at six months (4.1, 1.3 to 10.6, P=0.001). Sending email reminders about the FDA's legal requirement to post results at ClinicalTrials.gov improved significantly the posting rate at six months but not at three months.Trial registration ClinicalTrials.gov NCT01658254. © Maruani et al 2014.

  6. 67. Anniversary festival of the VSE 23 May 1981, at Interlaken. [Attitude of VSE to the legal requirements concerning the use of nuclear energy and protection of the public from radiation

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-17

    The meeting report contains six statements relating to the attitude of the Swiss Engineers to the legal requirements concerning the use of nuclear energy and the protection of the public from radiation. These imply that the present laws make it almost impossible to proceed with nuclear energy development. Although a proposed article has been introduced into the constitution accepting nuclear power development in parallel with conventional sources, the legal framework is inadequate to support this in practice.

  7. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations; Stromwirtschaftsrecht in Frankreich. Der Rechtsrahmen fuer die franzoesische Elektrizitaetsversorgung zwischen unionsrechtlichen Marktoeffnungsvorgaben und gemeinwirtschaftlichen Verpflichtungen

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [German] Der Strombinnenmarktprozess ist nach wie vor unvollendet. Dies hat neben technischen auch rechtliche Gruende: Die Beharrungskraefte der zu Monopolzeiten gewachsenen Strukturen und Ordnungsrahmen sind zum Teil aeusserst stark, was sich besonders in Frankreich deutlich zeigt. Die dortige Stromversorgung wird ausgehend von ihrer Einordnung als Service Public sowohl mittelbar durch das Staatsunternehmen EDF als auch unmittelbar durch gesetzliche Regelungen intensiv staatlich kontrolliert. Die Marktoeffnung wird dadurch zwar nicht vollkommen verhindert. Zusammen mit der besonderen Bedeutung der Kernkraft fuer die franzoesische Stromversorgung ergeben sich hieraus aber erhebliche Marktoeffnungshemmnisse. Vor diesem Hintergrund und ausgehend von der historischen Entwicklung untersucht der Autor das geltende franzoesische Stromwirtschaftsrecht ueber alle Wertschoepfungsstufen hinweg in seinen Bezuegen zum EU-Recht.

  8. Beyond Section 508: The Spectrum of Legal Requirements for Accessible e-Government Web Sites in the United States

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

    In the United States, a number of federal laws establish requirements that electronic government (e-government) information and services be accessible to individuals with disabilities. These laws affect e-government Web sites at the federal, state, and local levels. To this point, research about the accessibility of e-government Web sites has…

  9. 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.

  10. 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...

  11. The Right of the Accused in Saudi in Criminal Procedure during Investigation Process and Arbitrary Dentation and Prohibits Torture and Protects the Rights of Suspects to Obtain Legal Council

    Directory of Open Access Journals (Sweden)

    Mohmed Alqahtani Faten

    2018-01-01

    Full Text Available Saudi Arabia has recent in years pass several important legislations to ensure a fair and balanced justice system, including: 1 The Law of Procedure Before Sharia Courts of September 2001, which grants defendants the right to legal representation and outlines the process by which please, evidence and experts are heard by the courts. 2 The Code of Law Practice of January 2001, which outlines requirements necessary to become an attorney and defines the duties and right of lawyers, including the right of attorney-client privilege. 3 The Law of Criminal Procedure of May 2001, which protects a defendant right with the regard to interrogation, investigation, and incarceration; outlines a series of regulations that justice and law enforcement authorities must follow during all stages of legal process, from arrest and interrogation to trial and sentencing; prohibits torture and protects the right of suspects to obtain legal counsel; and limits the period of arbitrary detention. The main objective of this study is to examine the operation of the criminal justice system in Saudi Arabia in light of the international human rights standards pertaining to the administration of justice. It involves the international human rights treaties and focuses mainly on the instruments in which the right to a fair trail in Saudi Arabia.

  12. REQUIREMENTS PROCESSING TOOLS AND THE BUILDING DESIGNERS MOTIVATION ON USE

    Directory of Open Access Journals (Sweden)

    Camila Pegoraro

    2017-04-01

    Full Text Available The successful development of projects requires, among other conditions, the ability to process requirements. In the construction literature, researchers have figured out that human difficulties was often at the root of Requirements Processing (RP problems throughout the design phases, and that the employment of tools could be a key factor for RP implementation. To check these outcomes and to look at how current practitioners behave in relation to the RP tools, an exploratory case study was conducted with a building design team from a public university. The aim of this paper was to investigate the perception of benefits and the motivation of designers regarding the RP tools. The results indicated that 42% of the participants are highly motivated to use new tools and that they have more interest in tools that deal directly with design activities than in those focused on data. Validation tools aroused interest as the most useful tools for designers. 66,7% of the participants mentioned that the tools can make the design process clearer, and that training and adaptation are crucial to promote acceptance and commitment to RP. The main contribution is the indication of gaps for further research and for tools improvement from the designers’ perspective.

  13. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  14. Legal and security requirements for the air transportation of cyanotoxins and toxigenic cyanobacterial cells for legitimate research and analytical purposes.

    Science.gov (United States)

    Metcalf, J S; Meriluoto, J A O; Codd, G A

    2006-05-25

    Cyanotoxins are now recognised by international and national health and environment agencies as significant health hazards. These toxins, and the cells which produce them, are also vulnerable to exploitation for illegitimate purposes. Cyanotoxins are increasingly being subjected to national and international guidelines and regulations governing their production, storage, packaging and transportation. In all of these respects, cyanotoxins are coming under the types of controls imposed on a wide range of chemicals and other biotoxins of microbial, plant and animal origin. These controls apply whether cyanotoxins are supplied on a commercial basis, or stored and transported in non-commercial research collaborations and programmes. Included are requirements concerning the transportation of these toxins as documented by the United Nations, the International Air Transport Association (IATA) and national government regulations. The transportation regulations for "dangerous goods", which by definition include cyanotoxins, cover air mail, air freight, and goods checked in and carried on flights. Substances include those of determined toxicity and others of suspected or undetermined toxicity, covering purified cyanotoxins, cyanotoxin-producing laboratory strains and environmental samples of cyanobacteria. Implications of the regulations for the packaging and air-transport of dangerous goods, as they apply to cyanotoxins and toxigenic cyanobacteria, are discussed.

  15. Quality assurance requirements for dedication process in Angra 1

    Energy Technology Data Exchange (ETDEWEB)

    Baliza, Ana Rosa, E-mail: baliza@eletronuclear.gov.br [Eletrobras Termonuclear S.A. (ELETRONUCLEAR), Angra dos Reis, RJ (Brazil). Departamento GQO.G; Morghi, Youssef, E-mail: ymo@cdtn.br [Centro de Desenvolvimento da Tecnologia Nuclear (CDTN/CNEN-MG), Belo Horizonte, MG (Brazil)

    2015-07-01

    In Brazil the regulatory body is CNEN (Comissao Nacional de Energia Nuclear), according to its requirements, when there is not a Brazilian standard, the utilities shall follow the requirements of the designer. For Angra 1, the designer is an American company - Westinghouse. So, the requirements for dedication of U.S. NRC (United States Nuclear Regulatory Commission) shall be applied, these requirements are in 10CFR21 - Reporting of Defects and Noncompliance. According to 10CFR21, when applied to nuclear power plants licensed dedication is an acceptance process undertaken to provide reasonable assurance that a commercial grade item to be used as a basic component will perform its intended safety function and, in this respect, is deemed equivalent to an item designed and manufactured under a quality assurance program standard for nuclear power plant. This assurance is achieved by identifying the critical characteristics of the item and verifying their acceptability by inspections, tests, or analyses by the purchaser or third-party dedicating entity. (author)

  16. Quality assurance requirements for dedication process in Angra 1

    International Nuclear Information System (INIS)

    Baliza, Ana Rosa

    2015-01-01

    In Brazil the regulatory body is CNEN (Comissao Nacional de Energia Nuclear), according to its requirements, when there is not a Brazilian standard, the utilities shall follow the requirements of the designer. For Angra 1, the designer is an American company - Westinghouse. So, the requirements for dedication of U.S. NRC (United States Nuclear Regulatory Commission) shall be applied, these requirements are in 10CFR21 - Reporting of Defects and Noncompliance. According to 10CFR21, when applied to nuclear power plants licensed dedication is an acceptance process undertaken to provide reasonable assurance that a commercial grade item to be used as a basic component will perform its intended safety function and, in this respect, is deemed equivalent to an item designed and manufactured under a quality assurance program standard for nuclear power plant. This assurance is achieved by identifying the critical characteristics of the item and verifying their acceptability by inspections, tests, or analyses by the purchaser or third-party dedicating entity. (author)

  17. Project Interface Requirements Process Including Shuttle Lessons Learned

    Science.gov (United States)

    Bauch, Garland T.

    2010-01-01

    Most failures occur at interfaces between organizations and hardware. Processing interface requirements at the start of a project life cycle will reduce the likelihood of costly interface changes/failures later. This can be done by adding Interface Control Documents (ICDs) to the Project top level drawing tree, providing technical direction to the Projects for interface requirements, and by funding the interface requirements function directly from the Project Manager's office. The interface requirements function within the Project Systems Engineering and Integration (SE&I) Office would work in-line with the project element design engineers early in the life cycle to enhance communications and negotiate technical issues between the elements. This function would work as the technical arm of the Project Manager to help ensure that the Project cost, schedule, and risk objectives can be met during the Life Cycle. Some ICD Lessons Learned during the Space Shuttle Program (SSP) Life Cycle will include the use of hardware interface photos in the ICD, progressive life cycle design certification by analysis, test, & operations experience, assigning interface design engineers to Element Interface (EI) and Project technical panels, and linking interface design drawings with project build drawings

  18. Fuel processing requirements and techniques for fuel cell propulsion power

    Science.gov (United States)

    Kumar, R.; Ahmed, S.; Yu, M.

    Fuels for fuel cells in transportation systems are likely to be methanol, natural gas, hydrogen, propane, or ethanol. Fuels other than hydrogen will need to be reformed to hydrogen on-board the vehicle. The fuel reformer must meet stringent requirements for weight and volume, product quality, and transient operation. It must be compact and lightweight, must produce low levels of CO and other byproducts, and must have rapid start-up and good dynamic response. Catalytic steam reforming, catalytic or noncatalytic partial oxidation reforming, or some combination of these processes may be used. This paper discusses salient features of the different kinds of reformers and describes the catalysts and processes being examined for the oxidation reforming of methanol and the steam reforming of ethanol. Effective catalysts and reaction conditions for the former have been identified; promising catalysts and reaction conditions for the latter are being investigated.

  19. The documental management of the Educational Secretary as guarantee of legality in the control of the university processes

    Directory of Open Access Journals (Sweden)

    Neyda Armenteros Arencibia

    2015-06-01

    Full Text Available The pedagogic professional formation aspires to obtain superior results in the documental management in order to guarantee the required confidence in the norms and p rocedures. The present article deal the theoretical bases that should be took into account for such aspiration, making emphasis in the characteristics of this process in the faculty of Infantile Education of the U CP the Pinar del Río.

  20. 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

  1. 48 CFR 1352.237-70 - Security processing requirements-high or moderate risk contracts.

    Science.gov (United States)

    2010-10-01

    ... background inquiries pertaining to verification of name, physical description, marital status, present and... undergo security processing by the Department's Office of Security before being eligible to work on the.... citizens must have: (1) Official legal status in the United States; (2) Continuously resided in the United...

  2. Legal Technology for Law Firms: Determining Roadmaps for Innovation

    OpenAIRE

    Kerikmäe, Tanel; Hoffmann, Thomas; Chochia, Archil

    2018-01-01

    The business model of many law firms, as legal professions on the whole, will be facing a considerable paradigm change since the work provided by law firms in the form of billable hours, in fact, largely consists of services which do not require superior legal education but involve mere data procession. It is only a question of time that the consequence – to have all outsourceable services be performed by means of legal technology – will become public knowledge in the branch, as the costs sav...

  3. 76 FR 36078 - Milk for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for...

    Science.gov (United States)

    2011-06-21

    ...] Milk for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for... to quality and sanitation requirements for the production and processing of manufacturing grade milk... Manufacturing Purposes and Its Production and Processing; Recommended Requirements for Adoption by State...

  4. Existing nuclear power plants and new safety requirements - an international survey. A description of the legal situation and of the regulatory practice in eight countries and in Germany

    International Nuclear Information System (INIS)

    Raetzke, C.; Micklinghoff, M.

    2006-01-01

    In our days, the question of whether existing nuclear power plants can be expected to comply with new standards is relevant for many reasons. The idea of writing this report was sparked by the fact that the German Federal Ministry of the Environment is planning a thorough revision of the regulations concerning nuclear safety. Since in Germany, according to the latest amendment to the Nuclear Act, a licence for a new plant cannot be granted, this project inevitably raises the basic question of whether the existing plants can be forced to comply with new safety regulation, if necessary by performing substantial backfitting. Aim of the enquiry is to find out how the question outlined above - new requirements for existing nuclear power plants - is dealt with in nine countries, namely Germany, Switzerland, France, Sweden, Finland, the United Kingdom, the USA, Spain and Belgium. In order to give a legible and qualified account, the authors have also investigated and depicted the general legislative and regulatory framework for nuclear of each country. Therefore, the book can also be read as a general introduction into the legal system and regulatory practice of these countries. (orig.)

  5. Plug and Process Loads Capacity and Power Requirements Analysis

    Energy Technology Data Exchange (ETDEWEB)

    Sheppy, M.; Gentile-Polese, L.

    2014-09-01

    This report addresses gaps in actionable knowledge that would help reduce the plug load capacities designed into buildings. Prospective building occupants and real estate brokers lack accurate references for plug and process load (PPL) capacity requirements, so they often request 5-10 W/ft2 in their lease agreements. Limited initial data, however, suggest that actual PPL densities in leased buildings are substantially lower. Overestimating PPL capacity leads designers to oversize electrical infrastructure and cooling systems. Better guidance will enable improved sizing and design of these systems, decrease upfront capital costs, and allow systems to operate more energy efficiently. The main focus of this report is to provide industry with reliable, objective third-party guidance to address the information gap in typical PPL densities for commercial building tenants. This could drive changes in negotiations about PPL energy demands.

  6. A review of countries' pharmacist-patient communication legal requirements on prescription medications and alignment with practice: Comparison of Nordic countries.

    Science.gov (United States)

    Svensberg, Karin; Sporrong, Sofia Kälvemark; Björnsdottir, Ingunn

    2015-01-01

    Pharmacist-patient communication around prescription medications can optimize treatment outcomes. Society's expectations of pharmacist-patient communication around medications can be expressed in legislation, economic incentives, and authority control. In this study, the Nordic countries of Denmark, Finland, Iceland, Norway and Sweden provide the legislative examples and can be used as a platform to discuss how society's expectations, professional visions, and practice are aligning. The overall aim of this study was to describe society's expectations of pharmacist-patient communication around medications as expressed by the state in Nordic legislation, economic incentives and authority control. Additionally, this study describes how the states govern Nordic pharmacists in different pharmacy systems. A legal review was performed using online legislative databases. Regulating authorities were contacted to gather supplementary information. Thereafter, a qualitative document analysis was conducted. The Nordic countries regulate staff-patient communication by using broad laws. The legislation's main focus during dispensing is information on the use of medications, but also generic substitution and pricing. Pharmacies should have internal routines for this in place. Pharmacists' obligation to keep a journal on advice given during dispensing is ambiguously regulated. The economic incentives for communication on prescription medication during dispensing are included in the general pharmacy mark-up. Today's authority control focuses on the pharmacy management and appears to primarily evaluate structure indicators of communication, for example, if there is a routine method of counseling available. Various countries throughout the world differ in their requirements for pharmacy staff to communicate on the use of medicines during dispensing. The Nordic countries all require such communication, which aligns with professional visions. Regardless of the pharmacy system, the

  7. Improvement of Requirement Elicitation Process through Cognitive Psychology

    Directory of Open Access Journals (Sweden)

    Sana Fatima

    2017-06-01

    Full Text Available Proper requirement elicitation is necessary for client satisfaction along with the overall project success, but requirement engineers face problems in understanding user requirements and the users of the required system fail to make requirement engineering team understand what they actually want. It is then responsibility of requirement engineers to extract proper requirements. This paper discusses how to use cognitive psychology and learning style models (LSM to understand the psychology of clients. Moreover, it also discusses usage of proper elicitation technique according to one’s learning style and gather the right requirements.

  8. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  9. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  10. 75 FR 61418 - Milk for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for...

    Science.gov (United States)

    2010-10-05

    ... for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for Adoption by... sanitation requirements for the production and processing of manufacturing grade milk. These Recommended... comments. SUMMARY: This document proposes to amend the recommended manufacturing milk requirements...

  11. 75 FR 6683 - Notice of Proposed Information Collection: Comment Request; Technical Processing Requirements for...

    Science.gov (United States)

    2010-02-10

    ... Information Collection: Comment Request; Technical Processing Requirements for Multifamily Project Mortgage... information: Title of Proposal: Technical Processing Requirements for Multifamily Project Mortgage Insurance... information collection requirement described below will be submitted to the Office of Management and Budget...

  12. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

  13. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  14. 40 CFR 63.2252 - What are the requirements for process units that have no control or work practice requirements?

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 12 2010-07-01 2010-07-01 true What are the requirements for process units that have no control or work practice requirements? 63.2252 Section 63.2252 Protection of... Pollutants: Plywood and Composite Wood Products General Compliance Requirements § 63.2252 What are the...

  15. What do information reuse and automated processing require in engineering design? Semantic process

    Directory of Open Access Journals (Sweden)

    Ossi Nykänen

    2011-12-01

    Full Text Available Purpose: The purpose of this study is to characterize, analyze, and demonstrate machine-understandable semantic process for validating, integrating, and processing technical design information. This establishes both a vision and tools for information reuse and semi-automatic processing in engineering design projects, including virtual machine laboratory applications with generated components.Design/methodology/approach: The process model has been developed iteratively in terms of action research, constrained by the existing technical design practices and assumptions (design documents, expert feedback, available technologies (pre-studies and experiments with scripting and pipeline tools, benchmarking with other process models and methods (notably the RUP and DITA, and formal requirements (computability and the critical information paths for the generated applications. In practice, the work includes both quantitative and qualitative components.Findings: Technical design processes may be greatly enhanced in terms of semantic process thinking, by enriching design information, and automating information validation and transformation tasks. Contemporary design information, however, is mainly intended for human consumption, and needs to be explicitly enriched with the currently missing data and interfaces. In practice, this may require acknowledging the role of technical information or knowledge engineer, to lead the development of the semantic design information process in a design organization. There is also a trade-off between machine-readability and system complexity that needs to be studied further, both empirically and in theory.Research limitations/implications: The conceptualization of the semantic process is essentially an abstraction based on the idea of progressive design. While this effectively allows implementing semantic processes with, e.g., pipeline technologies, the abstraction is valid only when technical design is organized into

  16. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

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

  17. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

    Full Text Available The institute of administrative contract was mentioned for the first time in the legislation of our country in the Preliminary Draft to the Law on Amandments of the Law on Administrative Procedure of Bosnia and Herzegovina from 2012. Although insufficiently, the first step is made towards fullfillment of the reform requirements in the area of admisitrative procedure on the way to the European integration and in accordance with the changed role of administration and the need for improvement of cooperation between the administration and citizens, or legal entities. In Bosnia and Herzegovina there is still no general legal regulation of administrative contracts, but administrative contracts are subjects to specific laws and as such already exist in the legal system. After some introductory remarks, the paper deals with the concept and characteristics of administrative contracts, and also presents legal regulation of administrative contracts highlighting their specificities and differences in relation to private law contracts. The importance of general legal norm governing administrative contracts is especially emphasized, as well as their importance for reform processes in our country. Accordingly, the importance of introducing a complaint as a legal remedy that a client can use if the public authority fails to meet contractual obligations is pointed out, but also the possibility of judicial protection in case of legal dispute.

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

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

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

  19. 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...

  20. Dosimetry control for radiation processing - basic requirements and standards

    International Nuclear Information System (INIS)

    Ivanova, M.; Tsrunchev, Ts.

    2004-01-01

    A brief review of the basic international codes and standards for dosimetry control for radiation processing (high doses dosimetry), setting up a dosimetry control for radiation processing and metrology control of the dosimetry system is made. The present state of dosimetry control for food processing and the Bulgarian long experience in food irradiation (three irradiation facilities are operational at these moment) are presented. The absence of neither national standard for high doses nor accredited laboratory for calibration and audit of radiation processing dosimetry systems is also discussed

  1. 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...

  2. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  3. Evidence-based process for decision-making in the analysis of legal demands for medicines in Brazil

    Directory of Open Access Journals (Sweden)

    Tatiana Aragão Figueiredo

    2013-11-01

    Full Text Available Legal actions have been playing a significant role as an alternative pathway to access to medicines in Brazil. These lawsuits demand medicines used in Primary Health Care as well as medicines that are still in clinical research and have not been market approved by the Brazilian National Agency for Sanitary Surveillance (ANVISA. The goal was to analyze medicines demanded through lawsuits brought to the judicial district which includes the city of Rio de Janeiro, Brazil, from July/2007 to June/2008. The medicines in 281 lawsuits were examined for their respective indications, classified according to their presence in publicly-funded lists, market approval by ANVISA, compliance with national clinical guidelines, existence of alternative therapies in lists and support of indication by scientific evidence. Six different categories were described, which are deemed useful to managers and the Judiciary in decision-making. The support of evidence is of utmost importance for medicines that are not included in public funding lists and also for those with no available therapeutic alternatives.

  4. Development of plasma cutting process at observation of environmental requirements

    International Nuclear Information System (INIS)

    Czech, J.; Matusiak, J.; Pasek-Siurek, H.

    1997-01-01

    Plasma cutting is one of the basic methods for thermal cutting of metals. It is characterized by high productivity and quality of the cut surface. However, the plasma cutting process is one of the most harmful processes for environment and human health. It results from many agents being a potential environmental risk The large amount of dust and gases emitted during the process as well as an intensive radiation of electric arc and excessive noise are considered as the most harmful hazards. The existing ventilation and filtration systems are not able to solve all problems resulting from the process. Plasma cutting under water is worthy of notice, especially during an advancement of plasma cutting process, because of human safety and environment protection. Such a solution allows to reduce considerably the emission of dust and gases, as well as to decrease the noise level and ultraviolet radiation. An additional advantage of underwater plasma cutting is a reduction in the width of material heating zone and a decrease in strains of elements being cut. However, the productivity of this process is a little lower what results in an increase in cutting cost. In the paper, it has been presented the results of the investigations made at the Institute of Welding in Gliwice on the area of plasma cutting equipment with energy-saving inverter power supplies used in automated processes of underwater plasma cutting as well as the results of testing of welding environment contamination and safety hazards. (author)

  5. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  6. Hanford Tanks Initiative requirements and document management process guide

    International Nuclear Information System (INIS)

    Schaus, P.S.

    1998-01-01

    This revision of the guide provides updated references to project management level Program Management and Assessment Configuration Management activities, and provides working level directions for submitting requirements and project documentation related to the Hanford Tanks Initiative (HTI) project. This includes documents and information created by HTI, as well as non-HTI generated materials submitted to the project

  7. Embedding stakeholder values in the requirements engineering process

    NARCIS (Netherlands)

    Harbers, M.; Detweiler, C.; Neerincx, M.A.

    2015-01-01

    Software has become an integral part of our daily lives and should therefore account for human values such as trust, autonomy and privacy. Human values have received increased attention in the field of Requirements Engineering over the last few years, but existing work offers no systematic way to

  8. 48 CFR 1337.110-70 - Personnel security processing requirements.

    Science.gov (United States)

    2010-10-01

    ... information technology (IT) system, as required by the Department of Commerce Security Manual and Department of Commerce Security Program Policy and Minimum Implementation Standards. (b) Insert clause 1352.237... as National Security Contracts that will be performed on or within a Department of Commerce facility...

  9. Defining DSL design principles for enhancing the requirements elicitation process

    Directory of Open Access Journals (Sweden)

    Gustavo Arroyo

    2012-03-01

    Full Text Available La Elicitación de Requisitos propicia el entendimiento de las necesidades de los usuarios con respecto a un desarrollo de software. Los métodos que se emplean provienen de las ciencias sociales por lo que se carece de una retroalimentación ejecutable. Consecuentemente, la primera versión del software podría no cumplir con las expectativas. El uso de DSLs como herramientas para el descubrimiento de requisitos es una idea aceptada, desafortunadamente, muy pocos trabajos en la literatura se enfocan en la definición de principios de diseño de DSLs. En este trabajo planteamos principios de diseño de DSLs orientados a la elicitación de requisitos, enseguida, generamos casos de prueba en ANTLR, Ruby y Curry. También, enunciamos el perfil que debe tener el nuevo analista de software. Con ello, se incrementa la retroalimentación entre los involucrados en el desarrollo de software y se mejora el producto.Requirements elicitation is concerned with learning and understanding the needs of users w.r.t. a new software development. Frequently the methods employed for requirements elicitation are adapted from areas like social sciences that do not include executable (prototype based on feedback. As a consequence, it is relatively common to discover that the first release does not fit the requirements defined at the beginning of the project. Using domain-specific languages (DSLs as an auxiliary tool for requirements elicitation is a commonly well accepted idea. Unfortunately, there are few works in the literature devoted to the definition of design principles for DSLs to be experienced in the frameworks for DSL developing such as ANTLR, Ruby, and Curry. We propose design principles for the DSL development (regardless of paradigm which are sufficient to model the domain in a requirements phase. Further more we enunciate a new profile for the requirements analyst and a set of elicitation steps. The use of DSLs not only giveus an immediate feedback with

  10. 78 FR 64146 - 30-Day Notice of Proposed Information Collection: Technical Processing Requirements for...

    Science.gov (United States)

    2013-10-25

    ... Information Collection: Technical Processing Requirements for Multifamily Project Mortgage Insurance AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: HUD has submitted the proposed... Information Collection Title of Information Collection: Technical Processing Requirements for Multifamily...

  11. 78 FR 65695 - 30-Day Notice of Proposed Information Collection: Technical Processing Requirements for...

    Science.gov (United States)

    2013-11-01

    ... Information Collection: Technical Processing Requirements for Multifamily Project Mortgage Insurance AGENCY: Office of the Chief Information Officer, HUD. ACTION: Correction, notice. SUMMARY: On October 25, 2013 at... Collection Title of Information Collection: Technical Processing Requirements for Multifamily Project...

  12. 40 CFR 74.17 - Application requirements for process sources. [Reserved

    Science.gov (United States)

    2010-07-01

    ... requirements for process sources. [Reserved] ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Application requirements for process sources. [Reserved] 74.17 Section 74.17 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY...

  13. Mathematical Formulation Requirements and Specifications for the Process Models

    International Nuclear Information System (INIS)

    Steefel, C.; Moulton, D.; Pau, G.; Lipnikov, K.; Meza, J.; Lichtner, P.; Wolery, T.; Bacon, D.; Spycher, N.; Bell, J.; Moridis, G.; Yabusaki, S.; Sonnenthal, E.; Zyvoloski, G.; Andre, B.; Zheng, L.; Davis, J.

    2010-01-01

    The Advanced Simulation Capability for Environmental Management (ASCEM) is intended to be a state-of-the-art scientific tool and approach for understanding and predicting contaminant fate and transport in natural and engineered systems. The ASCEM program is aimed at addressing critical EM program needs to better understand and quantify flow and contaminant transport behavior in complex geological systems. It will also address the long-term performance of engineered components including cementitious materials in nuclear waste disposal facilities, in order to reduce uncertainties and risks associated with DOE EM's environmental cleanup and closure activities. Building upon national capabilities developed from decades of Research and Development in subsurface geosciences, computational and computer science, modeling and applied mathematics, and environmental remediation, the ASCEM initiative will develop an integrated, open-source, high-performance computer modeling system for multiphase, multicomponent, multiscale subsurface flow and contaminant transport. This integrated modeling system will incorporate capabilities for predicting releases from various waste forms, identifying exposure pathways and performing dose calculations, and conducting systematic uncertainty quantification. The ASCEM approach will be demonstrated on selected sites, and then applied to support the next generation of performance assessments of nuclear waste disposal and facility decommissioning across the EM complex. The Multi-Process High Performance Computing (HPC) Simulator is one of three thrust areas in ASCEM. The other two are the Platform and Integrated Toolsets (dubbed the Platform) and Site Applications. The primary objective of the HPC Simulator is to provide a flexible and extensible computational engine to simulate the coupled processes and flow scenarios described by the conceptual models developed using the ASCEM Platform. The graded and iterative approach to assessments naturally

  14. Through the Eyes of Higher Education Attorneys: How Department Chairs Are Navigating the Waters of Legal Issues and Risk Management

    Science.gov (United States)

    Hustoles, Carol L. J.

    2012-01-01

    Legal and risk management issues substantially impact the operations of colleges and universities, which face escalating compliance requirements in an increasingly litigious environment. Failing to assess legal liability issues and to constructively address them with risk management processes create vulnerability to claims and litigation,…

  15. Deriving business processes with service level agreements from early requirements

    NARCIS (Netherlands)

    Frankova, Ganna; Seguran, Magali; Gilcher, Florian; Trabelsi, Slim; Doerflinger, Joerg; Aiello, Marco

    When designing a service-based business process employing loosely coupled services, one is not only interested in guaranteeing a certain flow of work, but also in how the work will be performed. This involves the consideration of non-functional properties which go from execution time and costs, to

  16. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

    Full Text Available The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.

  17. Mathematical Formulation Requirements and Specifications for the Process Models

    Energy Technology Data Exchange (ETDEWEB)

    Steefel, C.; Moulton, D.; Pau, G.; Lipnikov, K.; Meza, J.; Lichtner, P.; Wolery, T.; Bacon, D.; Spycher, N.; Bell, J.; Moridis, G.; Yabusaki, S.; Sonnenthal, E.; Zyvoloski, G.; Andre, B.; Zheng, L.; Davis, J.

    2010-11-01

    The Advanced Simulation Capability for Environmental Management (ASCEM) is intended to be a state-of-the-art scientific tool and approach for understanding and predicting contaminant fate and transport in natural and engineered systems. The ASCEM program is aimed at addressing critical EM program needs to better understand and quantify flow and contaminant transport behavior in complex geological systems. It will also address the long-term performance of engineered components including cementitious materials in nuclear waste disposal facilities, in order to reduce uncertainties and risks associated with DOE EM's environmental cleanup and closure activities. Building upon national capabilities developed from decades of Research and Development in subsurface geosciences, computational and computer science, modeling and applied mathematics, and environmental remediation, the ASCEM initiative will develop an integrated, open-source, high-performance computer modeling system for multiphase, multicomponent, multiscale subsurface flow and contaminant transport. This integrated modeling system will incorporate capabilities for predicting releases from various waste forms, identifying exposure pathways and performing dose calculations, and conducting systematic uncertainty quantification. The ASCEM approach will be demonstrated on selected sites, and then applied to support the next generation of performance assessments of nuclear waste disposal and facility decommissioning across the EM complex. The Multi-Process High Performance Computing (HPC) Simulator is one of three thrust areas in ASCEM. The other two are the Platform and Integrated Toolsets (dubbed the Platform) and Site Applications. The primary objective of the HPC Simulator is to provide a flexible and extensible computational engine to simulate the coupled processes and flow scenarios described by the conceptual models developed using the ASCEM Platform. The graded and iterative approach to assessments

  18. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

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

  19. Legal Developments and Problems of the Bologna Process within the European Higher Education Area and European Integration

    Science.gov (United States)

    Cippitani, Roberto; Gatt, Suzanne

    2009-01-01

    2010 sees the end of the process of establishing the European Higher Education Area (EHEA). Although not all countries may have achieved all the objectives, many are those countries and universities who have implemented many of the targets set. Within the Bologna Process, there have been many developments such as: European Credit Transfer and…

  20. Process requirements of galactose oxidase catalyzed oxidation of alcohols

    DEFF Research Database (Denmark)

    Pedersen, Asbjørn Toftgaard; R. Birmingham, William; Rehn, Gustav

    2015-01-01

    -electron oxidants to reactivate the enzyme upon loss of the amino acid radical in its active site. In this work, the addition of catalase, single-electron oxidants, and copper ions was investigated systematically in order to find the minimum concentrations required to obtain a fully active GOase. Furthermore....... GOase was shown to be completely stable for 120 h in buffer with stirring at 25 °C, and the activity even increased 30% if the enzyme solution was also aerated in a similar experiment. The high Km for oxygen of GOase (>5 mM) relative to the solubility of oxygen in water reveals a trade-off between...... supplying oxygen at a sufficiently high rate and ensuring a high degree of enzyme utilization (i.e., ensuring the highest possible specific rate of reaction). Nevertheless, the good stability and high activity of GOase bode well for its future application as an industrial biocatalyst....

  1. 40 CFR 63.7506 - Do any boilers or process heaters have limited requirements?

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 13 2010-07-01 2010-07-01 false Do any boilers or process heaters have..., and Institutional Boilers and Process Heaters General Compliance Requirements § 63.7506 Do any boilers or process heaters have limited requirements? (a) New or reconstructed boilers and process heaters in...

  2. Specific requirements of GS-R3 related to process implementation

    International Nuclear Information System (INIS)

    Florescu, N.

    2009-01-01

    The PowerPoint presentation gives: an overview of IAEA management system requirements or topics; - the requirements specific to processes and process implementation; - the key practical challenge of using the process approach specified in IAEA SG GS-G3.1 and GS-G3.5. The following items are thoroughly discussed: - Requirements related to specific process implementation and developing processes; - Process management; Generic management; - System processes: - Control of documents; Control of products; Control of records; - Purchasing; - Communication; - Managing organizational change; - Other requirements concerning the process management system; - General management system; - Grading; - Documentation; - Fulfilling the requirements of interested parties; - Management responsibility; - Planning responsibility and authority for the management system monitoring and measurement; - Independent assessment; - Management system review; - Non-conformances, corrective and preventive actions; - Improvement key practical challenge of using the process approach specified in IAEA SG GS-G3.1 and GS-G3.5; - Key challenge: - Process common to all stages; - Phases of process development proposed by IAEA. The following conclusions complete the presentation: GS-R-3 sets basic requirements for process-based integrated management system; - Some key generic processes required, no specific process model favoured namely, no reference to management, core and support processes; - Up to organization to determine appropriate process model; - Easily applicable to a wide range of facilities and activities, including those of a regulatory body; - Specific requirements are found in specific Safety Guide. (author)

  3. Legal developments and problems of the Bologna process within the European higher education area and European integration

    OpenAIRE

    Cippitani, Roberto; Gatt, Suzanne

    2009-01-01

    2010 sees the end of the process of establishing the European Higher Education Area (EHEA). Although not all countries may have achieved all the objectives, many are those countries and universities who have implemented many of the targets set. Within the Bologna Process, there have been many developments such as: European Credit Transfer and Accumulation System (ECTS) for the transfer of period of study abroad; joint degrees; and quality assurance aspects among others. Guidelines for Quality...

  4. Proposal for elicitation and analysis of environmental requirements into the construction design process: a case study

    Directory of Open Access Journals (Sweden)

    Camila Pegoraro

    2010-05-01

    Full Text Available Proposal: As new demands from sustainable development, environmental requirements arise as another challenge to design process management. It is already known that companies which design buildings are usually exposed to many managerial difficulties. Faced to the environmental demands, these companies require new facilities to align environmental requirements to the business goals and to include them properly in design process. This paper is based on a case study in a construction company, which was developed through interviews and document analysis. It is intended to present a procedure for the project environmental requirements elicitation, organization and analysis, which is based on the requirements engineering (ER concepts. As results it was concluded that the ER concepts are useful for the environmental requirements integration into the design process and that strategic planning should give directions for the effective environmental requirements adherence. Moreover, a procedure for environmental requirements modeling is proposed. Key-words: Design process, Requirements management, Environmental requirements, Construction

  5. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

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

  6. Is a pre-analytical process for urinalysis required?

    Science.gov (United States)

    Petit, Morgane; Beaudeux, Jean-Louis; Majoux, Sandrine; Hennequin, Carole

    2017-10-01

    For the reliable urinary measurement of calcium, phosphate and uric acid, a pre-analytical process by adding acid or base to urine samples at laboratory is recommended in order to dissolve precipitated solutes. Several studies on different kind of samples and analysers have previously shown that a such pre-analytical treatment is useless. The objective was to study the necessity of pre-analytical treatment of urine on samples collected using the V-Monovette ® (Sarstedt) system and measured on the analyser Architect C16000 (Abbott Diagnostics). Sixty urinary samples of hospitalized patients were selected (n=30 for calcium and phosphate, and n=30 for uric acid). After acidification of urine samples for measurement of calcium and phosphate, and alkalinisation for measurement of uric acid respectively, differences between results before and after the pre-analytical treatment were compared to acceptable limits recommended by the French society of clinical biology (SFBC). No difference in concentration between before and after pre-analytical treatment of urine samples exceeded acceptable limits from SFBC for measurement of calcium and uric acid. For phosphate, only one sample exceeded these acceptable limits, showing a result paradoxically lower after acidification. In conclusion, in agreement with previous study, our results show that acidification or alkalinisation of urine samples from 24 h urines or from urination is not a pre-analytical necessity for measurement of calcium, phosphate and uric acid.

  7. 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....

  8. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

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

    Directory of Open Access Journals (Sweden)

    Hajdini Bojana

    2017-06-01

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

  10. 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.

  11. 25 CFR 42.6 - When does due process require a formal disciplinary hearing?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false When does due process require a formal disciplinary... RIGHTS § 42.6 When does due process require a formal disciplinary hearing? Unless local school policies and procedures provide for less, a formal disciplinary hearing is required before a suspension in...

  12. The Association of State Legal Mandates for Data Submission of Central Line-associated Blood Stream Infections in Neonatal Intensive Care Units with Process and Outcome Measures

    Science.gov (United States)

    Zachariah, Philip; Reagan, Julie; Furuya, E. Yoko; Dick, Andrew; Liu, Hangsheng; Herzig, Carolyn T.A; Pogorzelska-Maziarz, Monika; Stone, Patricia W.; Saiman, Lisa

    2014-01-01

    Objective To determine the association between state legal mandates for data submission of central line-associated blood stream infections (CLABSIs) in neonatal intensive care units (NICUs) with process/outcome measures. Design Cross-sectional study. Participants National sample of level II/III and III NICUs participating in National Healthcare Safety Network (NHSN) surveillance. Methods State mandates for data submission of CLABSIs in NICUs in place by 2011 were compiled and verified with state healthcare-associated infection coordinators. A web-based survey of infection control departments in October 2011 assessed CLABSI prevention practices i.e. compliance with checklist and bundle components (process measures) in ICUs including NICUs. Corresponding 2011 NHSN NICU CLABSI rates (outcome measures) were used to calculate Standardized Infection Ratios (SIR). The association between mandates and process/outcome measures was assessed by multivariable logistic regression. Results Among 190 study NICUs, 107 (56.3%) NICUs were located in states with mandates, with mandates in place for 3 or more years for half. More NICUs in states with mandates reported ≥95% compliance to at least one CLABSI prevention practice (52.3% – 66.4%) than NICUs in states without mandates (28.9% – 48.2%). Mandates were predictors of ≥95% compliance with all practices (OR 2.8; 95% CI 1.4–6.1). NICUs in states with mandates reported lower mean CLABSI rates in the prevention practices but not with lower CLABSI rates. PMID:25111921

  13. Integration of radiation protection in occupational health and safety managementsystems - legal requirements and practical realization at the example of the Fraunhofer occupational health and safety management system FRAM

    International Nuclear Information System (INIS)

    Lambotte, S.; Severitt, S.; Weber, U.

    2002-01-01

    The protection of the employees, the people and the environment for the effects of radiation is regulated by numerous laws and rules set by the government and the occupational accident insurances. Primarily these rules apply for the responsibles, normally the employer, as well as for the safety officers. Occupational safety management systems can support these people to carry out their tasks and responsibilities effectively. Also, a systematic handling of the organisation secures that the numerous duties of documentation, time-checking of the proof-lists and dates are respected. Further more, the legal certainty for the responsibles and safety officers will be raised and the occupational, environment, radiation and health protection will be promoted. At the example of the Fraunhofer occupational safety management system (FrAM) it is demonstrated, how radiation protection (ionizing radiation) can be integrated in a progressive intranet supported management system. (orig.)

  14. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

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

  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. Interpretation of 'Unnatural death' in coronial law: A review of the English legal process of decision making, statutory interpretation, and case law: The implications for medical cases and coronial consistency.

    Science.gov (United States)

    Harris, Andrew; Walker, Andrew

    2018-04-23

    The article examines the decision-making process for medical reporting of deaths to a coroner and the statutory basis for coronial decisions whether to investigate. It analyses what is published about the consistency of decision making of coroners and discusses what should be the legal basis for determining whether a particular death is natural or unnatural in English law. There is a review of English case law, including the significance of Touche and Benton and the development of 'unnatural' as a term of art, which informs what the courts have held to be an unnatural death. What case law indicates about multiple causes and the significance of the wording in the Coroners & Justice Act 2009 that triggers an investigation are considered. It highlights the importance of considering the medical cause of death and to what extent information other than the initial death report is required, before making the decision that the coroner's duty to open an investigation is triggered. The article concludes that a two-stage test is required. Firstly, is the cause of death medically unnatural? Secondly, whether the circumstances themselves are unnatural or such as to make a medically natural cause of death unnatural. If the coroner has reason to suspect the medical cause of death is unnatural per se the statutory duty to investigate will be engaged, regardless of the circumstances.

  17. Dust and radon: the legal implications

    International Nuclear Information System (INIS)

    Van Sittert, J.M.O.

    1990-01-01

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

  18. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  19. Assessment of energy requirements in proven and new copper processes. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Pitt, C.H.; Wadsworth, M.E.

    1980-12-31

    Energy requirements are presented for thirteen pyrometallurgical and eight hydrometallurgical processes for the production of copper. Front end processing, mining, mineral processing, gas cleaning, and acid plant as well as mass balances are included. Conventional reverberatory smelting is used as a basis for comparison. Recommendations for needed process research in copper production are presented.

  20. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

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

    1991-01-01

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

  1. Some considerations on the legal regulation of the process for public licitation, contracts and agreements on the establishment of educational partnerships between the government and the private sector

    Directory of Open Access Journals (Sweden)

    Adriana A. Dragone Silveira

    2009-06-01

    Full Text Available Currently the joint between the public administration and the private sector assumes new contours in function of the of the Brazilian State reform, configuring itself as a trend that if it has accented in the educational area, in the São Paulo’s cities, from the municipalization (municipal ownership of elementary school education, with the consolidation of partnerships and agreements involving the purchase of educational private system’s for municipal education net’s, the vacant subvention in private entities and the hiring of private institutions, aiming at the elaboration of educational politics for the management municipal. (ADRIÃO, BORGHI, 2008. Thus being, this article to look for introduce and to analyze, from the national legislation, the procedures for the establishment of these different partnership’s modalities between the municipal government and private institutions, physical or corporation body, discussing the rules for the licitation process for the services and works hiring, property and consumer goods acquisition, for the contracts celebration and the accords establishment with social organizations to transfer it of public resources, to look for understand the legal possibilities for the introduction of the privatizations mechanisms in the education.

  2. Spacelab Level 4 Programmatic Implementation Assessment Study. Volume 2: Ground Processing requirements

    Science.gov (United States)

    1978-01-01

    Alternate ground processing options are summarized, including installation and test requirements for payloads, space processing, combined astronomy, and life sciences. The level 4 integration resource requirements are also reviewed for: personnel, temporary relocation, transportation, ground support equipment, and Spacelab flight hardware.

  3. Data acquisition and online processing requirements for experimentation at the superconducting super collider

    International Nuclear Information System (INIS)

    Lankford, A.J.; Barsotti, E.; Gaines, I.

    1990-01-01

    Differences in scale between data acquisition and online processing requirements for detectors at the Superconducting Super Collider and systems for existing large detectors will require new architectures and technological advances in these systems. Emerging technologies will be employed for data transfer, processing, and recording. (orig.)

  4. 10 CFR 70.64 - Requirements for new facilities or new processes at existing facilities.

    Science.gov (United States)

    2010-01-01

    ... postulated accidents that could lead to loss of safety functions. (5) Chemical protection. The design must... 10 Energy 2 2010-01-01 2010-01-01 false Requirements for new facilities or new processes at... Critical Mass of Special Nuclear Material § 70.64 Requirements for new facilities or new processes at...

  5. Data acquisition and online processing requirements for experimentation at the Superconducting Super Collider

    International Nuclear Information System (INIS)

    Lankford, A.J.; Barsotti, E.; Gaines, I.

    1989-07-01

    Differences in scale between data acquisition and online processing requirements for detectors at the Superconducting Super Collider and systems for existing large detectors will require new architectures and technological advances in these systems. Emerging technologies will be employed for data transfer, processing, and recording. 9 refs., 3 figs

  6. [Temporary disability and its legal implications].

    Science.gov (United States)

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

    2014-03-01

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

  7. Process and utility water requirements for cellulosic ethanol production processes via fermentation pathway

    Science.gov (United States)

    The increasing need of additional water resources for energy production is a growing concern for future economic development. In technology development for ethanol production from cellulosic feedstocks, a detailed assessment of the quantity and quality of water required, and the ...

  8. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  9. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  10. 21 CFR 111.315 - What are the requirements for laboratory control processes?

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false What are the requirements for laboratory control... MANUFACTURING, PACKAGING, LABELING, OR HOLDING OPERATIONS FOR DIETARY SUPPLEMENTS Production and Process Control System: Requirements for Laboratory Operations § 111.315 What are the requirements for laboratory control...

  11. Three Tier Unified Process Model for Requirement Negotiations and Stakeholder Collaborations

    Science.gov (United States)

    Niazi, Muhammad Ashraf Khan; Abbas, Muhammad; Shahzad, Muhammad

    2012-11-01

    This research paper is focused towards carrying out a pragmatic qualitative analysis of various models and approaches of requirements negotiations (a sub process of requirements management plan which is an output of scope managementís collect requirements process) and studies stakeholder collaborations methodologies (i.e. from within communication management knowledge area). Experiential analysis encompass two tiers; first tier refers to the weighted scoring model while second tier focuses on development of SWOT matrices on the basis of findings of weighted scoring model for selecting an appropriate requirements negotiation model. Finally the results are simulated with the help of statistical pie charts. On the basis of simulated results of prevalent models and approaches of negotiations, a unified approach for requirements negotiations and stakeholder collaborations is proposed where the collaboration methodologies are embeded into selected requirements negotiation model as internal parameters of the proposed process alongside some external required parameters like MBTI, opportunity analysis etc.

  12. 29 CFR 520.200 - What is the legal authority for payment of wages lower than the minimum wage required by section...

    Science.gov (United States)

    2010-07-01

    ... the minimum wage required by section 6(a) of the Fair Labor Standards Act? 520.200 Section 520.200... lower than the minimum wage required by section 6(a) of the Fair Labor Standards Act? Section 14(a) of..., for the payment of special minimum wage rates to workers employed as messengers, learners (including...

  13. 10 CFR 719.10 - What information must be included in the legal management plan?

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false What information must be included in the legal management plan? 719.10 Section 719.10 Energy DEPARTMENT OF ENERGY CONTRACTOR LEGAL MANAGEMENT REQUIREMENTS Legal Management Plan § 719.10 What information must be included in the legal management plan? The legal management...

  14. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ...-hour) costs in the form of filing fees and postage costs. This collection has filing fees associated... that approximately 5 petitions will be filed per year with a fee of $130, for a total fee cost of $650. There are no other fees associated with this information collection. Customers may incur postage costs...

  15. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450...; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing... CONTACT: Requests for additional information should be directed to Shirley Hassan, Office of General Law...

  16. Process of establishing design requirements and selecting alternative configurations for conceptual design of a VLA

    Directory of Open Access Journals (Sweden)

    Bo-Young Bae

    2017-04-01

    Full Text Available In this study, a process for establishing design requirements and selecting alternative configurations for the conceptual phase of aircraft design has been proposed. The proposed process uses system-engineering-based requirement-analysis techniques such as objective tree, analytic hierarchy process, and quality function deployment to establish logical and quantitative standards. Moreover, in order to perform a logical selection of alternative aircraft configurations, it uses advanced decision-making methods such as morphological matrix and technique for order preference by similarity to the ideal solution. In addition, a preliminary sizing tool has been developed to check the feasibility of the established performance requirements and to evaluate the flight performance of the selected configurations. The present process has been applied for a two-seater very light aircraft (VLA, resulting in a set of tentative design requirements and two families of VLA configurations: a high-wing configuration and a low-wing configuration. The resulting set of design requirements consists of three categories: customer requirements, certification requirements, and performance requirements. The performance requirements include two mission requirements for the flight range and the endurance by reflecting the customer requirements. The flight performances of the two configuration families were evaluated using the sizing tool developed and the low-wing configuration with conventional tails was selected as the best baseline configuration for the VLA.

  17. Process qualification and control in electron beams--requirements, methods, new concepts and challenges

    International Nuclear Information System (INIS)

    Mittendorfer, J.; Gratzl, F.; Hanis, D.

    2004-01-01

    In this paper the status of process qualification and control in electron beam irradiation is analyzed in terms of requirements, concepts, methods and challenges for a state-of-the-art process control concept for medical device sterilization. Aspects from process qualification to routine process control are described together with the associated process variables. As a case study the 10 MeV beams at Mediscan GmbH are considered. Process control concepts like statistical process control (SPC) and a new concept to determine process capability is briefly discussed

  18. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

  19. Legal issues related to adolescent pregnancy: current concepts.

    Science.gov (United States)

    Rhodes, A M

    1986-09-01

    Adolescent pregnancies have risen in recent years. Options open to the pregnant adolescent are: terminating the pregnancy; giving birth to the child out of wedlock; keeping the baby; giving the baby up for adoption; and marriage before or after the birth of the baby. Each of these options carries certain legal ramifications, since the adolescent patients have not reached the age of majority. The state or the parents usually assume the role of decision making on behalf of the adolescent or assist in the decision making process. Court rulings since the early seventies have legalized abortion and enlarged the rights of minors seeking termination of their pregnancies. Both parents and minors have rights under the certain state laws; parent have the right to notification, minors have the right to privacy. Keeping the child, out of wedlock, might result in legal battles over custody and/or establishing financial support from the father. Some adolescent mothers give up their children for adoption. There are 2 legal procedures that have to be accomplished before a child can be adopted: termination of the rights of the natural parents and adoption proceedings. If the parents marry after the birth of the child, the child is then considered legitimate and the father does not have to go through the process of adopting the child. Other issues requiring parental or individual consent include consent to treatment, contraception, or sterilization. In the case of forcible rape or incest, the physician is required to report incidents to law enforcement officials.

  20. 15 CFR 713.4 - Advance declaration requirements for additionally planned production, processing, or consumption...

    Science.gov (United States)

    2010-01-01

    ... additionally planned production, processing, or consumption of Schedule 2 chemicals. 713.4 Section 713.4..., processing, or consumption of Schedule 2 chemicals. (a) Declaration requirements for additionally planned activities. (1) You must declare additionally planned production, processing, or consumption of Schedule 2...

  1. METHOD FOR SECURITY SPECIFICATION SOFTWARE REQUIREMENTS AS A MEANS FOR IMPLEMENTING A SOFTWARE DEVELOPMENT PROCESS SECURE - MERSEC

    Directory of Open Access Journals (Sweden)

    Castro Mecías, L.T.

    2015-06-01

    Full Text Available Often security incidents that have the object or use the software as a means of causing serious damage and legal, economic consequences, etc. Results of a survey by Kaspersky Lab reflectvulnerabilities in software are the main cause of security incidents in enterprises, the report shows that 85% of them have reported security incidents and vulnerabilities in software are the main reason is further estimated that incidents can cause significant losses estimated from 50,000 to $ 649.000. (1 In this regard academic and industry research focuses on proposals based on reducing vulnerabilities and failures of technology, with a positive influence on how the software is developed. A development process for improved safety practices and should include activities from the initial phases of the software; so that security needs are identified, manage risk and appropriate measures are implemented. This article discusses a method of analysis, acquisition and requirements specification of the software safety analysis on the basis of various proposals and deficiencies identified from participant observation in software development teams. Experiments performed using the proposed yields positive results regarding the reduction of security vulnerabilities and compliance with the safety objectives of the software.

  2. Legal Education, Liberal Education, and the Trivial "Artes."

    Science.gov (United States)

    Kimball, Bruce A.

    1986-01-01

    Reviews the influence of liberal education upon legal education, studying the historical process according to which changes of emphasis within liberal education (from rhetoric to dialectic or the reverse) have been reflected in related changes in legal education. (AYC)

  3. Procedural violation in the licensing procedure and possible legal consequences; Verfahrensmaengel im Konzessionierungsverfahren und etwaige Rechtsfolgen

    Energy Technology Data Exchange (ETDEWEB)

    Meyer-Hetling, Astrid; Probst, Matthias Ernst; Wolkenhauer, Soeren [Kanzlei Becker Buettner Held (BBH), Berlin (Germany)

    2012-07-15

    With respect to paragraph 46 sect. 2 to 4 EnWG (Energy Economy Law) communities are required to provide a publication procedure and competition procedure ('licensing procedure') for the new assignment of easement agreements for the establishment of local power supply systems and natural gas supply systems. The specific design of the selection process legally is regulated only rudimentary. Nevertheless old concessionaires increasingly deny the statutory grid transfer to the new concessionaires relying on supposed errors in the selection process. The unclear legal situation and the inconsistent, sometimes unreasonably strict jurisdiction and jurisprudence of antitrust as well as regulatory authorities resulted to a considerable legal certainty in communities and grid operators. Unless the legislature establishes the necessary legal clarity, the competent courts and authorities are invoked to act moderately in the examination of licensing procedures.

  4. UNDERSTANDING THAI CULTURE AND ITS IMPACT ON REQUIREMENTS ENGINEERING PROCESS MANAGEMENT DURING INFORMATION SYSTEMS DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    Theerasak Thanasankit

    2002-01-01

    Full Text Available This paper explores the impact of Thai culture on managing the decision making process in requirements engineering and contribution a better understand of its influence on the management of requirements engineering process. The paper illustrates the interaction of technology and culture and shows that rather than technology changing culture, culture can change the way technology is used. Thai culture is naturally inherent in Thai daily life and Thais bring that into their work practices. The concepts of power and uncertainty in Thai culture contribute toward hierarchical forms of communication and decision making process in Thailand, especially during requirements engineering, where information systems requirements need to be established for further development. The research shows that the decision making process in Thailand tends to take a much longer time, as every stage during requirements engineering needs to be reported to management for final decisions. The tall structure of Thai organisations also contributes to a bureaucratic, elongated decision-making process during information systems development. Understanding the influence of Thai culture on requirements engineering and information systems development will assist multinational information systems consulting organisations to select, adapt, better manage, or change requirements engineering process and information systems developments methodologies to work best with Thai organisations.

  5. 41 CFR 102-38.225 - What are the additional requirements in the bid process?

    Science.gov (United States)

    2010-07-01

    ... OF PERSONAL PROPERTY Bids Acceptance of Bids § 102-38.225 What are the additional requirements in the bid process? All sales except fixed price sales must contain a certification of independent price...

  6. [Precautions of physical performance requirements and test methods during product standard drafting process of medical devices].

    Science.gov (United States)

    Song, Jin-Zi; Wan, Min; Xu, Hui; Yao, Xiu-Jun; Zhang, Bo; Wang, Jin-Hong

    2009-09-01

    The major idea of this article is to discuss standardization and normalization for the product standard of medical devices. Analyze the problem related to the physical performance requirements and test methods during product standard drafting process and make corresponding suggestions.

  7. Waste Receiving and Processing Facility Module 1 Data Management System software requirements specification

    International Nuclear Information System (INIS)

    Rosnick, C.K.

    1996-01-01

    This document provides the software requirements for Waste Receiving and Processing (WRAP) Module 1 Data Management System (DMS). The DMS is one of the plant computer systems for the new WRAP 1 facility (Project W-0126). The DMS will collect, store and report data required to certify the low level waste (LLW) and transuranic (TRU) waste items processed at WRAP 1 as acceptable for shipment, storage, or disposal

  8. Waste Receiving and Processing Facility Module 1 Data Management System Software Requirements Specification

    International Nuclear Information System (INIS)

    Brann, E.C. II.

    1994-01-01

    This document provides the software requirements for Waste Receiving and Processing (WRAP) Module 1 Data Management System (DMS). The DMS is one of the plant computer systems for the new WRAP 1 facility (Project W-026). The DMS will collect, store and report data required to certify the low level waste (LLW) and transuranic (TRU) waste items processed at WRAP 1 as acceptable for shipment, storage, or disposal

  9. Waste Receiving and Processing Facility Module 1 Data Management System Software Requirements Specification

    Energy Technology Data Exchange (ETDEWEB)

    Brann, E.C. II

    1994-09-09

    This document provides the software requirements for Waste Receiving and Processing (WRAP) Module 1 Data Management System (DMS). The DMS is one of the plant computer systems for the new WRAP 1 facility (Project W-026). The DMS will collect, store and report data required to certify the low level waste (LLW) and transuranic (TRU) waste items processed at WRAP 1 as acceptable for shipment, storage, or disposal.

  10. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

    ... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

  11. The admission and enrolment of foreign legal practitioners in South ...

    African Journals Online (AJOL)

    Globalisation requires ever closer co-operation between legal professionals hailing from different national jurisdictions. This interactive global environment has fostered growing international training and mobility among legal practitioners and the internationalisation of legal education. Increasing numbers of law students get ...

  12. Using Comics to Communicate Legal Contract Cancellation

    OpenAIRE

    Marietjie Botes

    2017-01-01

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

  13. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

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

  14. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  16. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  17. Legal identity as spiritual constituent of sense of justice

    Directory of Open Access Journals (Sweden)

    Y. S. Kravtsov

    2015-03-01

    Full Text Available The modern social and cultural situation of modern man requires mobility and adequate response to the requirements of modern society, and put it in front of the need to revise the traditional goals and targets. The authors show that it is not a system of knowledge and skills in itself, but a set of core competencies in modern intellectual, social, legal, communication, information sphere should be the main result of the process of formation of legal consciousness of modern man. In identifying the identification own life trajectory, gaining experience of independent activity and personal responsibility law today a special place. The authors emphasize that the position of acting, its identity is defined situation in the legal space. From its goals, values, personal preferences affect the choice of a particular mode of action. Familiarity with the legal situation as a choice situation, analysis of the position and actions of the person who is the subject of them, it is the spiritual content of justice, and creates conditions for personal self­determination ­ to find an answer to the question «Who am I, what do I want?»

  18. Orbiter data reduction complex data processing requirements for the OFT mission evaluation team (level C)

    Science.gov (United States)

    1979-01-01

    This document addresses requirements for post-test data reduction in support of the Orbital Flight Tests (OFT) mission evaluation team, specifically those which are planned to be implemented in the ODRC (Orbiter Data Reduction Complex). Only those requirements which have been previously baselined by the Data Systems and Analysis Directorate configuration control board are included. This document serves as the control document between Institutional Data Systems Division and the Integration Division for OFT mission evaluation data processing requirements, and shall be the basis for detailed design of ODRC data processing systems.

  19. Impact of Requirements Elicitation Processes on Success of Information System Development Projects

    Directory of Open Access Journals (Sweden)

    Bormane Līga

    2016-12-01

    Full Text Available Requirements articulating user needs and corresponding to enterprise business processes are a key to successful implementation of information system development projects. However, the parties involved in projects frequently are not able to agree on a common development vision and have difficulties expressing their needs. Several industry experts have acknowledged that requirements elicitation is one of the most difficult tasks in development projects. This study investigates the impact of requirements elicitation processes on project outcomes depending on the applied project development methodology.

  20. 77 FR 52692 - NIST Federal Information Processing Standard (FIPS) 140-3 (Second Draft), Security Requirements...

    Science.gov (United States)

    2012-08-30

    ...-03] NIST Federal Information Processing Standard (FIPS) 140-3 (Second Draft), Security Requirements....'' Authority: Federal Information Processing Standards (FIPS) are issued by the National Institute of Standards... Standards and Technology (NIST) seeks additional comments on specific sections of Federal Information...

  1. Order acceptance in food processing systems with random raw material requirements

    NARCIS (Netherlands)

    Kilic, Onur A.; van Donk, Dirk Pieter; Wijngaard, Jacob; Tarim, S. Armagan

    This study considers a food production system that processes a single perishable raw material into several products having stochastic demands. In order to process an order, the amount of raw material delivery from storage needs to meet the raw material requirement of the order. However, the amount

  2. The construction of emotional experience requires the integration of implicit and explicit emotional processes.

    Science.gov (United States)

    Quirin, Markus; Lane, Richard D

    2012-06-01

    Although we agree that a constructivist approach to emotional experience makes sense, we propose that implicit (visceromotor and somatomotor) emotional processes are dissociable from explicit (attention and reflection) emotional processes, and that the conscious experience of emotion requires an integration of the two. Assessments of implicit emotion and emotional awareness can be helpful in the neuroscientific investigation of emotion.

  3. 48 CFR 1352.237-72 - Security processing requirements-national security contracts.

    Science.gov (United States)

    2010-10-01

    ... requirements-national security contracts. 1352.237-72 Section 1352.237-72 Federal Acquisition Regulations... Provisions and Clauses 1352.237-72 Security processing requirements—national security contracts. As prescribed in 48 CFR 1337.110-70(d), use the following clause: Security Processing Requirements—National...

  4. Requirements for the design and implementation of checklists for surgical processes

    NARCIS (Netherlands)

    Verdaasdonk, E.G.G.; Stassen, L.P.S.; Widhiasmara, P.P.; Dankelman, J.

    2008-01-01

    Background- The use of checklists is a promising strategy for improving patient safety in all types of surgical processes inside and outside the operating room. This article aims to provide requirements and implementation of checklists for surgical processes. Methods- The literature on checklist use

  5. Legal requirements for the quality of herbal substances and herbal preparations for the manufacturing of herbal medicinal products in the European union.

    Science.gov (United States)

    Vlietinck, Arnold; Pieters, Luc; Apers, Sandra

    2009-06-01

    In the European Union (EU) herbal medicinal products have become increasingly important. This is, for instance, underlined by the recent introduction of a simplified procedure in the Member States of the EU allowing the registration of herbal medicinal products which fulfill the criteria of a traditional herbal medicinal product, i.e., sufficient evidence of its medicinal use throughout a period of at least 30 years for products in the EU and at least 15 years within the EU and 15 years elsewhere for products outside the EU. With regard to the manufacturing of these products and their quality, applications of traditional herbal medicinal products have to fulfil the same requirements as applications for a marketing authorization. The quality of herbal substances as well as herbal preparations will be determined by the availability of modern science-based public monographs in the European Pharmacopoeia and their equivalents developed by the pharmaceutical industry. The standards put forward in these monographs must allow us not only to define the quality of these products, but also to eliminate dangerous counterfeit, substandard, adulterated and contaminated (traditional) herbal medicinal products. The usefulness of these monographs to implement the criteria on quality and specifications put forward for these products in the different guidelines of the European Medicines Agency (EMEA) is discussed.

  6. Legal Instruments of Regulation of Development of Banking Activity in Ukraine

    Directory of Open Access Journals (Sweden)

    Senyshch Pavlo M.

    2014-03-01

    Full Text Available The article considers main approaches to identification of essence of legal instruments of regulation of development of the banking activity, identifies the mechanism of legal regulation of the banking activity and its elements and justifies the system and form of legal regulation of the banking activity in Ukraine. It describes subjects of legal regulation of the banking activity at the international level, which are the Basel Committee on Banking Supervision, European Central Bank, IMF, International Financial Reporting Standards Foundation and others. The article considers specific features of the regulatory requirements of Basel II and Basel III and specific features of their introduction into the banking activity. It describes anti-cyclic measures offered by the Basel Committee, which should facilitate formation of such conditions, under which the banking sector could have a lower level of leverage and stability with respect to influence of system risks. Significant attention is paid to international instruments of regulation of the banking activity, which include the following legal acts: Uniform Rules for Collections, Uniform Customs and Practice for Documentary Credits, and Unified Rules for Loan Guarantees. The article shows that the share of subordinate legal acts is significant in the Ukrainian system of banking regulatory and legal acts since the state cannot operatively react to the changing processes in banking at the legislative level and, that is why, basic provisions on carrying out banking activity should be fixed in law.

  7. A Theory of Information Quality and a Framework for its Implementation in the Requirements Engineering Process

    Science.gov (United States)

    Grenn, Michael W.

    This dissertation introduces a theory of information quality to explain macroscopic behavior observed in the systems engineering process. The theory extends principles of Shannon's mathematical theory of communication [1948] and statistical mechanics to information development processes concerned with the flow, transformation, and meaning of information. The meaning of requirements information in the systems engineering context is estimated or measured in terms of the cumulative requirements quality Q which corresponds to the distribution of the requirements among the available quality levels. The requirements entropy framework (REF) implements the theory to address the requirements engineering problem. The REF defines the relationship between requirements changes, requirements volatility, requirements quality, requirements entropy and uncertainty, and engineering effort. The REF is evaluated via simulation experiments to assess its practical utility as a new method for measuring, monitoring and predicting requirements trends and engineering effort at any given time in the process. The REF treats the requirements engineering process as an open system in which the requirements are discrete information entities that transition from initial states of high entropy, disorder and uncertainty toward the desired state of minimum entropy as engineering effort is input and requirements increase in quality. The distribution of the total number of requirements R among the N discrete quality levels is determined by the number of defined quality attributes accumulated by R at any given time. Quantum statistics are used to estimate the number of possibilities P for arranging R among the available quality levels. The requirements entropy H R is estimated using R, N and P by extending principles of information theory and statistical mechanics to the requirements engineering process. The information I increases as HR and uncertainty decrease, and the change in information AI needed

  8. 44 CFR 6.8 - Subpoena and other legal demands.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Subpoena and other legal..., DEPARTMENT OF HOMELAND SECURITY GENERAL IMPLEMENTATION OF THE PRIVACY ACT OF 1974 General § 6.8 Subpoena and other legal demands. Access to records in systems of records by subpoena or other legal process shall be...

  9. 40 CFR Table 4 to Subpart Vvvvvv... - Emission Limits and Compliance Requirements for Metal HAP Process Vents

    Science.gov (United States)

    2010-07-01

    ... Requirements for Metal HAP Process Vents 4 Table 4 to Subpart VVVVVV of Part 63 Protection of Environment... of Part 63—Emission Limits and Compliance Requirements for Metal HAP Process Vents As required in § 63.11496(f), you must comply with the requirements for metal HAP process vents as shown in the...

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

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

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

  11. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  12. Challenges and difficulties in service to legal requirements applicable to a pipeline works at the Amazon rain forest, Brazil; Os desafios e dificuldades no atendimento aos requisitos legais aplicaveis a uma obra na Amazonia

    Energy Technology Data Exchange (ETDEWEB)

    Freitas, Wanderleia I.P. de [Universidade do Estado do Amazonas (UEA), Manaus, AM (Brazil); Freitas, Jaluza G.M.R. de; Teixeira, Ivan J.L. [Concremat Engenharia e Tecnologia, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work brings together the difficulties and results generated in response to Brazilian Environmental Law applicable to a work of pipelines in the Amazon. We are a country that has the most extensive and rich environmental legislation in the world, and Engineering at PETROBRAS, through the Implementation of Enterprise for the North, responsible for the deployment of this pipeline, has ISO 14001:2004 certification, taking as the minimum requirement attending the applicable legal requirements, and serve them in if there are difficulties elsewhere in the country, here in the Amazon it is increased meet the logistical difficulties, the distances from major centres, the needs of technology, information and access to basic resources. This article discusses topics such as: transport of hazardous waste in an environmentally safe way in one of the largest rivers in the world, installing devices sewage treatment in regional boats, and teach the riparian preserve the historic and archaeological findings, these are just examples found. We know that all eyes of the world is impressive return to the Amazon rain forest, and that cross, or rather 'rip' their 383 km of primary forest, virgin land, almost untouched even by the people native of the region, in itself constitutes a great challenge. (author)

  13. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  14. CONSOLIDATED FINANCIAL STATEMENTS IN UKRAINE: NORMATIVE AND LEGAL REGULATION STATE

    Directory of Open Access Journals (Sweden)

    S.V. Kucher

    2016-09-01

    Full Text Available The development of big business in Ukraine has led to the need to release a number of domestic companies and their groups and associations to the international financial market which was the prerequisite of the needs of users of financial statements to obtain reliable information about the activities of such companies. In accordance with the national legislation associations of enterprises and companies have to provide the consolidated financial statements which contain the pooled indices about the activities of these entities. The article analyzes the current state of normative and legal regulation of financial reporting consolidation process in Ukraine. In particular, the paper determines the basic legal acts of regulations of national and international governing process of preparation of consolidated financial statements; it also determines the circle of business entities required to draw up the consolidated financial statements solely in accordance with international financial reporting standards.

  15. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  16. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

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

  17. Analysis of the Requirements Generation Process for the Logistics Analysis and Wargame Support Tool

    Science.gov (United States)

    2017-06-01

    impact everything from strategic logistic operations down to the energy demands at the company level. It also looks at the force structure of the...this requirement. 34. The system shall determine the efficiency of the logistics network with respect to an estimated cost of fuel used to deliver...REQUIREMENTS GENERATION PROCESS FOR THE LOGISTICS ANALYSIS AND WARGAME SUPPORT TOOL by Jonathan M. Swan June 2017 Thesis Advisor

  18. Developing a survey to collect expertise in agile product line requirements engineering processes

    OpenAIRE

    Feng, Kunwu; Lempert, Meli; Tang, Yan; Tian, Kun; Cooper, Kendra M.L.; Franch Gutiérrez, Javier

    2007-01-01

    Current agile methods are focused on practices of small, rapid developing and iteration, more people oriented, less documentation projects, and the use of the methods in large, product line projects are somehow difficult. UTD and GESSI have started a project to develop an expert system that can assist a requirements enginer in selecting a requirements engineering process that is well suited for their project, in particular with respect to the use of agile and product line engineering methods....

  19. Data requirements for valuing externalities: The role of existing permitting processes

    Energy Technology Data Exchange (ETDEWEB)

    Lee, A.D.; Baechler, M.C.; Callaway, J.M.

    1990-08-01

    While the assessment of externalities, or residual impacts, will place new demands on regulators, utilities, and developers, existing processes already require certain data and information that may fulfill some of the data needs for externality valuation. This paper examines existing siting, permitting, and other processes and highlights similarities and differences between their data requirements and the data required to value environmental externalities. It specifically considers existing requirements for siting new electricity resources in Oregon and compares them with the information and data needed to value externalities for such resources. This paper also presents several observations about how states can take advantage of data acquired through processes already in place as they move into an era when externalities are considered in utility decision-making. It presents other observations on the similarities and differences between the data requirements under existing processes and those for valuing externalities. This paper also briefly discusses the special case of cumulative impacts. And it presents recommendations on what steps to take in future efforts to value externalities. 35 refs., 2 tabs.

  20. A Scenario-Based Process for Requirements Development: Application to Mission Operations Systems

    Science.gov (United States)

    Bindschadler, Duane L.; Boyles, Carole A.

    2008-01-01

    The notion of using operational scenarios as part of requirements development during mission formulation (Phases A & B) is widely accepted as good system engineering practice. In the context of developing a Mission Operations System (MOS), there are numerous practical challenges to translating that notion into the cost-effective development of a useful set of requirements. These challenges can include such issues as a lack of Project-level focus on operations issues, insufficient or improper flowdown of requirements, flowdown of immature or poor-quality requirements from Project level, and MOS resource constraints (personnel expertise and/or dollars). System engineering theory must be translated into a practice that provides enough structure and standards to serve as guidance, but that retains sufficient flexibility to be tailored to the needs and constraints of a particular MOS or Project. We describe a detailed, scenario-based process for requirements development. Identifying a set of attributes for high quality requirements, we show how the portions of the process address many of those attributes. We also find that the basic process steps are robust, and can be effective even in challenging Project environments.

  1. Development of legal environment for Rosatom Corporation

    International Nuclear Information System (INIS)

    El'fimova, T.L.

    2012-01-01

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

  2. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

    There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...

  3. Treatment of solid wastes. Preventing waste production, recovery, waste collection, waste disposal, sanitation. Procedures, technical processes, legal foundations. 2. rev. ed. Behandlung fester Abfaelle. Vermeiden, Verwerten, Sammeln, Beseitigen, Sanieren. Verfahrensweise, technische Realisierung, rechtliche Grundlagen

    Energy Technology Data Exchange (ETDEWEB)

    Sattler, K.; Emberger, J.

    1990-01-01

    The book 'Treatment of Solid Wastes' was compiled by the group 'Environmental Protection/Waste Disposal' and looks at disposal methods and processes. The initial chapters deal with technical methods of environmental protection, describe laws and legal regulations pertaining to waste disposal, explain the quantities and composition of the waste matter and give an overview of the treatments which are available. Methods and technical process of waste collection, transport, sorting, recapturing of valuable matter, biochemical and thermal conversion and depositing. Treatment of poisonous wastes and old sites are dealt with in the final chapters. (orig./EF).

  4. Features of legal mechanism environmental responsibility of citizens in Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it.  It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions:    1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological  and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are

  5. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

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

  6. Requirements on software lifecycle process (RSLP) for KALIMER digital computer-based MMIS design

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Jang Soo; Kwon, Kee Choon; Kim, Jang Yeol [Korea Atomic Energy Research Institute, Taejon (Korea)

    1998-04-01

    Digital Man Machine Interface System (MMIS) systems of Korea Advanced Liquid MEtal Reactor (KALIMER) may share code, data transmission, data, and process equipment to a greater degree than analog systems. Although this sharing is the basis for many of the advantages of digital systems, it also raises a key concern: a design using shared data or code has the potential to propagate a common-cause or common-mode failure via software errors, thus defeating the redundancy achieved by the hardware architectural structure. Greater sharing of process equipment among functions within a channel increases the consequences of the failure of a single hardware module and reduces the amount of diversity available within a single safety channel. The software safety plan describes the safety analysis implementation tasks that are to be carried out during the software life cycle. Documentation should exist that shows that the safety analysis activities have been successfully accomplished for each life cycle activity group. In particular, the documentation should show that the system safety requirement have been adequately addressed for each life cycle activity group, that no new hazards have been introduced, and that the software requirements, design elements, and code elements that can affect safety have been identified. Because the safety of software can be assured through both the process Verification and Validation (V and V) itself and the V and V of all the intermediate and final products during the software development lifecycle, the development of KALIMER Software Safety Framework (KSSF) must be established. As the first activity for establishing KSSF, we have developed this report, Requirement on Software Life-cycle Process (RSLP) for designing KALIMER digital MMIS. This report is organized as follows. Section I describes the background, definitions, and references of RSLP. Section II describes KALIMER safety software categorization. In Section III, we define the

  7. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  8. 76 FR 13101 - Requirements for Processing, Clearing, and Transfer of Customer Positions

    Science.gov (United States)

    2011-03-10

    ... for Processing, Clearing, and Transfer of Customer Positions AGENCY: Commodity Futures Trading... (Commission) is proposing regulations to implement Title VII of the Dodd-Frank Wall Street Reform and Consumer...), requiring a DCO, upon customer request, to promptly transfer customer positions and related funds from one...

  9. HIGH RESOLUTION RESISTIVITY LEAK DETECTION DATA PROCESSING and EVALUATION MEHTODS and REQUIREMENTS

    International Nuclear Information System (INIS)

    SCHOFIELD JS

    2007-01-01

    This document has two purposes: (sm b ullet) Describe how data generated by High Resolution REsistivity (HRR) leak detection (LD) systems deployed during single-shell tank (SST) waste retrieval operations are processed and evaluated. (sm b ullet) Provide the basic review requirements for HRR data when Hrr is deployed as a leak detection method during SST waste retrievals

  10. Isotopic dilution requirements for 233U criticality safety in processing and disposal facilities

    International Nuclear Information System (INIS)

    Elam, K.R.; Forsberg, C.W.; Hopper, C.M.; Wright, R.Q.

    1997-11-01

    The disposal of excess 233 U as waste is being considered. Because 233 U is a fissile material, one of the key requirements for processing 233 U to a final waste form and disposing of it is to avoid nuclear criticality. For many processing and disposal options, isotopic dilution is the most feasible and preferred option to avoid nuclear criticality. Isotopic dilution is dilution of fissile 233 U with nonfissile 238 U. The use of isotopic dilution removes any need to control nuclear criticality in process or disposal facilities through geometry or chemical composition. Isotopic dilution allows the use of existing waste management facilities, that are not designed for significant quantities of fissile materials, to be used for processing and disposing of 233 U. The amount of isotopic dilution required to reduce criticality concerns to reasonable levels was determined in this study to be ∼ 0.66 wt% 233 U. The numerical calculations used to define this limit consisted of a homogeneous system of silicon dioxide (SiO 2 ), water (H 2 O), 233 U, and depleted uranium (DU) in which the ratio of each component was varied to determine the conditions of maximum nuclear reactivity. About 188 parts of DU (0.2 wt% 235 U) are required to dilute 1 part of 233 U to this limit in a water-moderated system with no SiO 2 present. Thus, for the US inventory of 233 U, several hundred metric tons of DU would be required for isotopic dilution

  11. Utilization of respiratory energy in higher plants : requirements for 'maintenance' and transport processes

    NARCIS (Netherlands)

    Bouma, T.J.

    1995-01-01

    Quantitative knowledge of both photosynthesis and respiration is required to understand plant growth and resulting crop yield. However, especially the nature of the energy demanding processes that are dependent on dark respiration in full-grown tissues is largely unknown. The main objective

  12. 78 FR 52963 - 60-Day Notice of Proposed Information Collection: Technical Processing Requirements for...

    Science.gov (United States)

    2013-08-27

    ... Information Collection: Technical Processing Requirements for Multifamily Project Mortgage Insurance AGENCY...: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection... interested parties on the proposed collection of information. The purpose of this notice is to allow for 60...

  13. 21 CFR 111.460 - What requirements apply to holding in-process material?

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false What requirements apply to holding in-process material? 111.460 Section 111.460 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION CURRENT GOOD MANUFACTURING PRACTICE IN...

  14. 10 CFR 51.26 - Requirement to publish notice of intent and conduct scoping process.

    Science.gov (United States)

    2010-01-01

    ... publish notice of intent and conduct scoping process. (a) Whenever the appropriate NRC staff director... 10 Energy 2 2010-01-01 2010-01-01 false Requirement to publish notice of intent and conduct... action, a notice of intent will be prepared as provided in § 51.27, and will be published in the Federal...

  15. 40 CFR 270.24 - Specific part B information requirements for process vents.

    Science.gov (United States)

    2010-07-01

    ... incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the... each compliance test required by § 264.1033(k). (3) A design analysis, specifications, drawings... texts acceptable to the Regional Administrator that present basic control device information. The design...

  16. The NERV Methodology: Non-Functional Requirements Elicitation, Reasoning and Validation in Agile Processes

    Science.gov (United States)

    Domah, Darshan

    2013-01-01

    Agile software development has become very popular around the world in recent years, with methods such as Scrum and Extreme Programming (XP). Literature suggests that functionality is the primary focus in Agile processes while non-functional requirements (NFR) are either ignored or ill-defined. However, for software to be of good quality both…

  17. Legal, ethical,and economic constraints

    International Nuclear Information System (INIS)

    Libassi, F.P.; Donaldson, L.F.

    1980-01-01

    This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

  18. 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

  19. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  20. 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

  1. 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

  2. Drug product selection: legal issues.

    Science.gov (United States)

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

    2001-01-01

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

  3. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  4. Alignment of process compliance and monitoring requirements in dynamic business collaborations

    Science.gov (United States)

    Comuzzi, Marco

    2017-07-01

    Dynamic business collaborations are intrinsically characterised by change because processes can be distributed or outsourced and partners may be substituted by new ones with enhanced or different capabilities. In this context, compliance requirements management becomes particularly challenging. Partners in a collaboration may join and leave dynamically and tasks over which compliance requirements are specified may be consequently distributed or delegated to new partners. This article considers the issue of aligning compliance requirements in a dynamic business collaboration with the monitoring requirements induced on the collaborating partners when change occurs. We first provide a conceptual model of business collaborations and their compliance requirements, introducing the concept of monitoring capabilities induced by compliance requirements. Then, we present a set of mechanisms to ensure consistency between monitoring and compliance requirements in the presence of change, e.g. when tasks are delegated or backsourced in-house. We also discuss a set of metrics to evaluate the status of a collaboration in respect of compliance monitorability. Finally, we discuss a prototype implementation of our framework.

  5. The non-appearance of the selection procedure and possibilities of legal protection of the unsuccessful bidder; Das Ausbleiben des Auswahlverfahrens und Rechtsschutzmoeglichkeiten des unterlegenen Bieters

    Energy Technology Data Exchange (ETDEWEB)

    Meyer-Hetling, Astrid; Templin, Wolf [Kanzlei Becker Buettner Held, Berlin (Germany)

    2012-02-15

    A violation of the municipality against the relevant guidelines for awarding concessions may have legal consequences, in particular in terms of a already completed selection process. The authors of the contribution under consideration focus on the complete absence of an concession legal selection process. First of all, the energy legal, competition legal and European legal requirements and bids are presented against which the franchising community violated. Subsequently, the authors examine the question of whether this violation immediately results in the nullity of the concession contract, as well as the question of the claims of the company not taken into account against the municipality. Furthermore, the procedural and antitrust tools are presented for the non-considered companies.

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

    Directory of Open Access Journals (Sweden)

    Arleide Meylan

    2016-10-01

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

  7. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  8. Information processing requirements for on-board monitoring of automatic landing

    Science.gov (United States)

    Sorensen, J. A.; Karmarkar, J. S.

    1977-01-01

    A systematic procedure is presented for determining the information processing requirements for on-board monitoring of automatic landing systems. The monitoring system detects landing anomalies through use of appropriate statistical tests. The time-to-correct aircraft perturbations is determined from covariance analyses using a sequence of suitable aircraft/autoland/pilot models. The covariance results are used to establish landing safety and a fault recovery operating envelope via an event outcome tree. This procedure is demonstrated with examples using the NASA Terminal Configured Vehicle (B-737 aircraft). The procedure can also be used to define decision height, assess monitoring implementation requirements, and evaluate alternate autoland configurations.

  9. 34 CFR 4.1 - Service of process required to be served on or delivered to Secretary.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Service of process required to be served on or... OF PROCESS § 4.1 Service of process required to be served on or delivered to Secretary. Summons... authorized to accept service of such process. (Authority: 5 U.S.C. 301) [47 FR 16780, Apr. 20, 1982] ...

  10. Electrons without borders: legal issues in exporting power

    International Nuclear Information System (INIS)

    Atcheson, Aaron

    2011-01-01

    Miller Thomson LLP provides a range of personal and business law legal services to a variety of projects, particularly those involving renewable energy generation. This paper discusses the legal issues the company has faced in exporting power. There are three ways to export electricity, sale of environmental attributes/carbon credits across borders, via existing transmission facilities and via new transmission facilities. Authorizations by the relevant provincial entity are required to export via the existing transmission. To export power across into the US, permission is needed from both the National Energy Board (NEB) and from the US authorities. The history and the process of obtaining this permission through the NEB are discussed in detail. The approvals and considerations necessary to transport power through new transmission facilities and sale of environmental attributes are given in detail. The paper concludes that a special project is needed with unique opportunities to make the export of power the destination for all production.

  11. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

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

  12. Glovebox design requirements for molten salt oxidation processing of transuranic waste

    Energy Technology Data Exchange (ETDEWEB)

    Ramsey, K.B.; Acosta, S.V. [Los Alamos National Lab., NM (United States); Wernly, K.D. [Molten Salt Oxidation Corp., Bensalem, PA (United States)

    1998-12-31

    This paper presents an overview of potential technologies for stabilization of {sup 238}Pu-contaminated combustible waste. Molten salt oxidation (MSO) provides a method for removing greater than 99.999% of the organic matrix from combustible waste. Implementation of MSO processing at the Los Alamos National Laboratory (LANL) Plutonium Facility will eliminate the combustible matrix from {sup 238}Pu-contaminated waste and consequently reduce the cost of TRU waste disposal operations at LANL. The glovebox design requirements for unit operations including size reduction and MSO processing will be presented.

  13. Glovebox design requirements for molten salt oxidation processing of transuranic waste

    International Nuclear Information System (INIS)

    Ramsey, K.B.; Acosta, S.V.; Wernly, K.D.

    1998-01-01

    This paper presents an overview of potential technologies for stabilization of 238 Pu-contaminated combustible waste. Molten salt oxidation (MSO) provides a method for removing greater than 99.999% of the organic matrix from combustible waste. Implementation of MSO processing at the Los Alamos National Laboratory (LANL) Plutonium Facility will eliminate the combustible matrix from 238 Pu-contaminated waste and consequently reduce the cost of TRU waste disposal operations at LANL. The glovebox design requirements for unit operations including size reduction and MSO processing will be presented

  14. Data requirements for the Ferrocyanide Safety Issue developed through the data quality objectives process

    International Nuclear Information System (INIS)

    Meacham, J.E.; Cash, R.J.; Dukelow, G.T.; Babad, H.; Buck, J.W.; Anderson, C.M.; Pulsipher, B.A.; Toth, J.J.; Turner, P.J.

    1994-08-01

    This document records the data quality objectives (DQO) process applied to the Ferrocyanide Safety Issue at the Hanford Site. Specifically, the major recommendations and findings from this Ferrocyanide DQO process are presented. The decision logic diagrams and decision error tolerances also are provided. The document includes the DQO sample-size formulas for determining specific tank sampling requirements, and many of the justifications for decision thresholds and decision error tolerances are briefly described. More detailed descriptions are presented in other Ferrocyanide Safety Program companion documents referenced in this report. This is a living document, and the assumptions contained within will be refined as more data from sampling and characterization become available

  15. Defining Constellation Suit Helmet Field of View Requirements Employing a Mission Segment Based Reduction Process

    Science.gov (United States)

    McFarland, Shane

    2009-01-01

    Field of view has always been a design feature paramount to helmets, and in particular space suits, where the helmet must provide an adequate field of view for a large range of activities, environments, and body positions. For Project Constellation, a different approach to helmet requirement maturation was utilized; one that was less a direct function of body position and suit pressure and more a function of the mission segment in which the field of view will be required. Through taxonimization of various parameters that affect suited field of view, as well as consideration for possible nominal and contingency operations during that mission segment, a reduction process was employed to condense the large number of possible outcomes to only six unique field of view angle requirements that still captured all necessary variables while sacrificing minimal fidelity.

  16. Formal and Legal Aspects of Buying and Commissioning Flats

    Science.gov (United States)

    Dubas, Sebastian; Nowotarski, Piotr; Milwicz, Roman

    2017-10-01

    Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer’s fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.

  17. The conventional ammunition requirements determination process of the U.S. Navy.

    OpenAIRE

    Mawson, John III

    1985-01-01

    Approved for public release; distribution is unlimited The objective of this thesis is to analyze the Requirements Determination procedures in the Navy's Conventional Gun Ammunition System in an attempt to identify areas for potential improvement. The Conventional Gun Ammunition System involves a logical progression of steps initiated on an annual basis. The Secretary of Defense begins the process by issuing broad guidance for the development of documentation to support b...

  18. Tank waste remediation system privatization infrastructure program requirements and document management process guide

    International Nuclear Information System (INIS)

    ROOT, R.W.

    1999-01-01

    This guide provides the Tank Waste Remediation System Privatization Infrastructure Program management with processes and requirements to appropriately control information and documents in accordance with the Tank Waste Remediation System Configuration Management Plan (Vann 1998b). This includes documents and information created by the program, as well as non-program generated materials submitted to the project. It provides appropriate approval/control, distribution and filing systems

  19. A mechanism for revising accreditation standards: a study of the process, resources required and evaluation outcomes.

    Science.gov (United States)

    Greenfield, David; Civil, Mike; Donnison, Andrew; Hogden, Anne; Hinchcliff, Reece; Westbrook, Johanna; Braithwaite, Jeffrey

    2014-11-21

    The study objective was to identify and describe the process, resources and expertise required for the revision of accreditation standards, and report outcomes arising from such activities. Secondary document analysis of materials from an accreditation standards development agency. The Royal Australian College of General Practitioners' (RACGP) documents, minutes and reports related to the revision of the accreditation standards were examined. The RACGP revision of the accreditation standards was conducted over a 12 month period and comprised six phases with multiple tasks, including: review methodology planning; review of the evidence base and each standard; new material development; constructing field trial methodology; drafting, trialling and refining new standards; and production of new standards. Over 100 individuals participated, with an additional 30 providing periodic input and feedback. Participants were drawn from healthcare professional associations, primary healthcare services, accreditation agencies, government agencies and public health organisations. Their expertise spanned: project management; standards development and writing; primary healthcare practice; quality and safety improvement methodologies; accreditation implementation and surveying; and research. The review and development process was shaped by five issues: project expectations; resource and time requirements; a collaborative approach; stakeholder engagement; and the product produced. The RACGP evaluation was that participants were positive about their experience, the standards produced and considered them relevant for the sector. The revision of accreditation standards requires considerable resources and expertise, drawn from a broad range of stakeholders. Collaborative, inclusive processes that engage key stakeholders helps promote greater industry acceptance of the standards.

  20. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

    Full Text Available When asked to give a diagnosis in legal settings practitioners should be mindful of the tentative nature of psychiatric diag- noses and that courts require that such a diagnosis must have scientific credibility. South African courts are not explicit about the test they will apply to determine whether a diagno- sis is scientifically credible, but some guidance can be found in United States case law. This paper examines these criteria with reference to the disorders included in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR.

  1. The Uneven Legal Push for Europe

    DEFF Research Database (Denmark)

    Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

    2009-01-01

    National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

  2. Legal Reform, De-colonization and State-building in Palestine ...

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

    Legal Reform, De-colonization and State-building in Palestine. Demands for legal reform have come from both inside and outside Palestine. Inside Palestine, legal reform is seen as a prerequisite for democracy and good governance. Outside, legal reform is perceived as integral to the continued peace process with Israel.

  3. The Attorney-Client Relationship as a Business Law-Legal Environment Topic

    Science.gov (United States)

    Levin, Murray S.

    2004-01-01

    Business school law courses should promote understanding of legal processes affecting business, help students learn to recognize legal issues and manage legal risks, increase ethical sensitivity, and help students to develop critical thinking skills. To this end, business law and legal environment textbooks tend to focus on ethical and legal…

  4. IT Security Standards and Legal Metrology - Transfer and Validation

    Science.gov (United States)

    Thiel, F.; Hartmann, V.; Grottker, U.; Richter, D.

    2014-08-01

    Legal Metrology's requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408). We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology's requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany's Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID) are incorporated. A verification approach to check for meeting Legal Metrology's requirements by their interpretation through Common Criteria's generic requirements is also presented.

  5. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

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

  6. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

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

    2011-01-01

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

  7. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

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

  8. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    may lead to the perception of law as ars aequi et boni. According to Viehweg, 'topica' is a technique of problem-based reasoning which is fully different from the deductive-systematic reasoning. Interpretation or construing meaning is part of 'topica' which enables flexibility of practical argumentation by expanding and reducing the catalogue of 'topoi'. In legal hermeneutics, the new quality of argumentation and topical reasoning stems from the fact that the classical methods of interpretation are substituted by a far more extensive number of arguments (Giovanni Tarello recognizes 15 legal topoi and Gerhard Struck as many as 64 legal topoi]. It ultimately points out to the creative role of the interpreter's rhetoric research and decision-making processes.

  9. Rolling Stock Planning at DSB S-tog - Processes, Cost Structures and Requirements

    DEFF Research Database (Denmark)

    Thorlacius, Per

    A central issue for operators of suburban passenger train transport systems is providing sufficient number of seats for the passengers while at the same time minimising operating costs. The process of providing this is called rolling stock planning. This technical report documents the terminology......, the processes, the cost structures and the requirements for rolling stock planning at DSB S-tog, the suburban passenger train operator of the City of Copenhagen. The focus of the technical report is directed at practical train operator oriented issues. The technical report is thought to serve as a basis...... for investigating better methods to perform the rolling stock planning (to be the topic of later papers). This technical report is produced as a part of the current industrial Ph. D. project to improve the rolling stock planning process of DSB S-tog....

  10. The National Legal Framework of the United States

    International Nuclear Information System (INIS)

    Crosland, Martha S.

    2017-01-01

    Ms Crosland presented the United States legal framework regarding public participation. Under the Administrative Procedure Act, the primary way of conducting public participation is through 'notice and comment rulemaking'. A proposed rule is published in the Federal Register and is open to comment by the general public; the final publication of the rule includes the answers to the comments received. The various agencies in the United States make use of several digital tools to expand effective public participation and manage the process. The Atomic Energy Act established an adjudicatory process including 'trial-type' hearings, providing participation opportunities to any individual or group whose interests may be affected by a Nuclear Regulatory Commission licensing action. The National Environmental Policy Act requires several levels of review for all actions with potentially significant environmental impacts. An environmental assessment (EA) is conducted, to determine whether there is no significant impact or if a more detailed environmental impact statement (EIS) is needed. The EA requires notification of the host state and/or tribe, and the agency in charge has discretion as to the level of public involvement. The EIS requires public notification, a period for public comments on the draft EIS, and at least one public hearing. Ms Crosland presented stakeholder involvement initiatives carried out beyond the legal requirements, such as Citizen Advisory Boards at certain Department of Energy nuclear sites or the National Transportation Stakeholders Forum

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

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

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

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

    Science.gov (United States)

    Marishet, Mohammed Hamza

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

  13. Radiation-resistant requirements analysis of device and control component for advanced spent fuel management process

    Energy Technology Data Exchange (ETDEWEB)

    Song, Tai Gil; Park, G. Y.; Kim, S. Y.; Lee, J. Y.; Kim, S. H.; Yoon, J. S. [Korea Atomic Energy Research Institute, Taejeon (Korea)

    2002-02-01

    It is known that high levels of radiation can cause significant damage by altering the properties of materials. A practical understanding of the effects of radiation - how radiation affects various types of materials and components - is required to design equipment to operate reliably in a gamma radiation environment. When designing equipment to operate in a high gamma radiation environment, such as will be present in a nuclear spent fuel handling facility, several important steps should be followed. In order to active test of the advanced spent fuel management process, the radiation-resistant analysis of the device and control component for active test which is concerned about the radiation environment is conducted. Also the system design process is analysis and reviewed. In the foreign literature, 'threshold' values are generally reported. the threshold values are normally the dose required to begin degradation in a particular material property. The radiation effect analysis for the device of vol-oxidation and metalization, which are main device for the advanced spent fuel management process, is performed by the SCALE 4.4 code. 5 refs., 4 figs., 13 tabs. (Author)

  14. Estimating energy requirement in cashew (Anacardium occidentale L.) nut processing operations

    Energy Technology Data Exchange (ETDEWEB)

    Jekayinfa, S.O. [Department of Agricultural Engineering, Ladoke Akintola University of Technology, P.M.B. 4000, Ogbomoso, Oyo State (Nigeria); Bamgboye, A.I. [Department of Agricultural Engineering, University of Ibadan, Ibadan (Nigeria)

    2006-07-15

    This work deals with a study on estimation of energy consumption in eight readily defined unit operations of cashew nut processing. Data for analysis were collected from nine cashew nut mills stratified into small, medium and large categories to represent different mechanization levels. Series of equations were developed to easily compute requirements of electricity, fuel and labour for each of the unit operations. The computation of energy use was done using spreadsheet program on Microsoft Excel. The results of application test of the equations show that the total energy intensity in the cashew nut mills varied between 0.21 and 1.161MJ/kg. Electrical energy intensity varied between 0.0052 and 0.029MJ/kg, while thermal energy intensity varied from 0.085 to 1.064MJ/kg. The two identified energy intensive operations in cashew nut processing are cashew nut drying and cashew nut roasting, altogether accounting for over 85% of the total energy consumption in all the three mill categories. Thermal energy, obtained from diesel fuel, represented about 90% of the unit energy cost for cashew nut processing. The developed equations have therefore proven to be a useful tool for carrying out budgeting, forecasting energy requirements and planning plant expansion. (author)

  15. The Identification and Comparison of the Requirements Placed on Product Managers during the Recruitment Process

    Directory of Open Access Journals (Sweden)

    Wroblowská Zuzana

    2015-09-01

    Full Text Available The submitted paper focuses on personality traits and behavioural competencies of a key role bearer in product oriented marketing management, generally referred to as product management. An interdisciplinary approach was applied while looking into this subject, since both research into theoretical bases and analysis of the current state of the topic and the tendencies of its development required work in several fields of study. Based on research in the field of secondary data, the assumption was set that a product manager is an example of a knowledge worker of the 21st century and that the business practice sees him/her as such, which has an effect on the requirements a candidate for this position is confronted with in the recruitment process. An independent research project was carried out and it confirmed that product managers are considered to be knowledge workers and that independence and analytical thinking skills were among the most common requirements for product managers both in 2007 and 2014. A comparison of results from 2007 and 2014 also showed some differences. The statistical verification confirmed a shift in requirements within the interpersonal competency group. The findings were used to formulate recommendations for the recruitment strategy and realization of selection for positions in product management.

  16. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

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

  17. Case Study: University of Anyplace: Strategic Legal Risk Review.

    Science.gov (United States)

    Hall, John T.; Ferguson, Rowan

    2000-01-01

    Considers legal issues and risks faced by a fictional American university as it seeks to establish an operation based in London. Addresses the first step in the process of risk management, the risk review exercise, and provides an explanation of the legal issues involved to allow progression to the second stage in the process (evaluation of the…

  18. Cost account in agriculture with particular accordance to requirements of decision making process and controls

    Directory of Open Access Journals (Sweden)

    Tomasz Kondraszuk

    2009-01-01

    Full Text Available The article presents cost account applicability in the agricultural companies regarding the general theory of economic and organisation of enterprises. The main focus was laid down to analyse the unit total cost account with variable costs and their applicability in three spheres: stock valuation and profit, requirements of planning and decision making processes and controlling. It was concluded that cost calculation at the level of agricultural enterprise should be an inherent element of integrated information system at the level of registry, planning, decision making and control.

  19. 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)

  20. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  1. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

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

  2. Hazard Analysis of Software Requirements Specification for Process Module of FPGA-based Controllers in NPP

    Energy Technology Data Exchange (ETDEWEB)

    Jung; Sejin; Kim, Eui-Sub; Yoo, Junbeom [Konkuk University, Seoul (Korea, Republic of); Keum, Jong Yong; Lee, Jang-Soo [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

    2016-10-15

    Software in PLC, FPGA which are used to develop I and C system also should be analyzed to hazards and risks before used. NUREG/CR-6430 proposes the method for performing software hazard analysis. It suggests analysis technique for software affected hazards and it reveals that software hazard analysis should be performed with the aspects of software life cycle such as requirements analysis, design, detailed design, implements. It also provides the guide phrases for applying software hazard analysis. HAZOP (Hazard and operability analysis) is one of the analysis technique which is introduced in NUREG/CR-6430 and it is useful technique to use guide phrases. HAZOP is sometimes used to analyze the safety of software. Analysis method of NUREG/CR-6430 had been used in Korea nuclear power plant software for PLC development. Appropriate guide phrases and analysis process are selected to apply efficiently and NUREG/CR-6430 provides applicable methods for software hazard analysis is identified in these researches. We perform software hazard analysis of FPGA software requirements specification with two approaches which are NUREG/CR-6430 and HAZOP with using general GW. We also perform the comparative analysis with them. NUREG/CR-6430 approach has several pros and cons comparing with the HAZOP with general guide words and approach. It is enough applicable to analyze the software requirements specification of FPGA.

  3. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

    Undeterminate concepts of law are used in Atomic Energy Law and in many other legal fields. The author has the opinion, the undeterminate concepts of law signify a relocation of responsibility to the administration. After a period of control of the administration by courts, a reversal to more independence of the administration is required. (CW) [de

  4. 21 CFR 111.55 - What are the requirements to implement a production and process control system?

    Science.gov (United States)

    2010-04-01

    ... production and process control system? 111.55 Section 111.55 Food and Drugs FOOD AND DRUG ADMINISTRATION... to Establish a Production and Process Control System § 111.55 What are the requirements to implement a production and process control system? You must implement a system of production and process...

  5. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

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

  6. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

    Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

  7. An Observation-based Assessment of Instrument Requirements for a Future Precipitation Process Observing System

    Science.gov (United States)

    Nelson, E.; L'Ecuyer, T. S.; Wood, N.; Smalley, M.; Kulie, M.; Hahn, W.

    2017-12-01

    Global models exhibit substantial biases in the frequency, intensity, duration, and spatial scales of precipitation systems. Much of this uncertainty stems from an inadequate representation of the processes by which water is cycled between the surface and atmosphere and, in particular, those that govern the formation and maintenance of cloud systems and their propensity to form the precipitation. Progress toward improving precipitation process models requires observing systems capable of quantifying the coupling between the ice content, vertical mass fluxes, and precipitation yield of precipitating cloud systems. Spaceborne multi-frequency, Doppler radar offers a unique opportunity to address this need but the effectiveness of such a mission is heavily dependent on its ability to actually observe the processes of interest in the widest possible range of systems. Planning for a next generation precipitation process observing system should, therefore, start with a fundamental evaluation of the trade-offs between sensitivity, resolution, sampling, cost, and the overall potential scientific yield of the mission. Here we provide an initial assessment of the scientific and economic trade-space by evaluating hypothetical spaceborne multi-frequency radars using a combination of current real-world and model-derived synthetic observations. Specifically, we alter the field of view, vertical resolution, and sensitivity of a hypothetical Ka- and W-band radar system and propagate those changes through precipitation detection and intensity retrievals. The results suggest that sampling biases introduced by reducing sensitivity disproportionately affect the light rainfall and frozen precipitation regimes that are critical for warm cloud feedbacks and ice sheet mass balance, respectively. Coarser spatial resolution observations introduce regime-dependent biases in both precipitation occurrence and intensity that depend on cloud regime, with even the sign of the bias varying within a

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

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

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

  9. 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

  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. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

    Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

  12. 21 CFR 111.60 - What are the design requirements for the production and process control system?

    Science.gov (United States)

    2010-04-01

    ... to Establish a Production and Process Control System § 111.60 What are the design requirements for... 21 Food and Drugs 2 2010-04-01 2010-04-01 false What are the design requirements for the production and process control system? 111.60 Section 111.60 Food and Drugs FOOD AND DRUG ADMINISTRATION...

  13. RELATIONSHIP BETWEEN THE EXTENT OF IMPLEMENTATION OF THE PROCESS MANAGEMENT PRINCIPLES AND THE LEGAL FORM OF THE BUSINESS AND BUSINESS ACTIVITY

    OpenAIRE

    Monika Maříková; Ladislav Rolínek; Jana Kubecová; Jaroslav Vrchota

    2015-01-01

    Nowadays, enterprises are challenged with continuously changing environment and they have to react quickly to these changes. Process management can be a tool that greatly helps businesses in this difficult time to survive (Hora, 2010). Process Management brings a relatively new perspective on corporate governance. According to McCoy et al. (2007) enterprises which implemented rules of process management have a competitive advantage over others. The paper presents the application ...

  14. Quality Control and Peer Review of Data Sets: Mapping Data Archiving Processes to Data Publication Requirements

    Science.gov (United States)

    Mayernik, M. S.; Daniels, M.; Eaker, C.; Strand, G.; Williams, S. F.; Worley, S. J.

    2012-12-01

    ? What data set review can be done pre-publication, and what must be done post-publication? What components of the data sets review processes can be automated, and what components will always require human expertise and evaluation?

  15. 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.

  16. 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

  17. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  18. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  19. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  20. 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.

  1. Some consistency requirements on thermophysicsal properties used in metal processing simulations

    International Nuclear Information System (INIS)

    Bertran, L.A.

    1992-01-01

    Stresses and deformations during metal processing are being simulated from room temperature to melting. This requires that thermophysical data be obtained at high temperature, an expensive task even when the sampling of elevated temperatures is quite sparse. Use of constitutive models with complex inelastic responses along with sparsely sampled data increases uncertainties as to physical meaning of simulation results. Identification of dependences among the physical parameters as a function of temperature offer increased confidence and lower experimental costs. In this paper examples for bilinear stress-strain materials are given (e.g., yield strain, the ratio of yield stress to Young's modulus, should be continuous where the coefficient of thermal expansion is continuous in T) and similar constraints are discussed for more complex constitutive responses

  2. MINIMIZE ENERGY AND COSTS REQUIREMENT OF WEEDING AND FERTILIZING PROCESS FOR FIBER CROPS IN SMALL FARMS

    Directory of Open Access Journals (Sweden)

    Tarek FOUDA

    2015-06-01

    Full Text Available The experimental work was carried out through agricultural summer season of 2014 at the experimental farm of Gemmiza Research Station, Gharbiya governorate to minimize energy and costs in weeding and fertilizing processes for fiber crops (Kenaf and Roselle in small farms. The manufactured multipurpose unit performance was studied as a function of change in machine forward speed (2.2, 2.8, 3.4 and 4 Km/h fertilizing rates (30,45 and 60 Kg.N.fed-1,and constant soil moisture content was 20%(d.b in average. Performance of the manufactured machine was evaluated in terms of fuel consumption, power and energy requirements, effective field capacity, theoretical field capacity, field efficiency, and operational costs as a machine measurements .The experiment results reveled that the manufactured machine decreased energy and increased effective field capacity and efficiency under the following conditions: -machine forward speed 2.2Kmlh. -moisture content average 20%.

  3. Better Building Alliance, Plug and Process Loads in Commercial Buildings: Capacity and Power Requirement Analysis (Brochure)

    Energy Technology Data Exchange (ETDEWEB)

    2014-09-01

    This brochure addresses gaps in actionable knowledge that can help reduce the plug load capacities designed into buildings. Prospective building occupants and real estate brokers lack accurate references for plug and process load (PPL) capacity requirements, so they often request 5-10 W/ft2 in their lease agreements. This brochure should be used to make these decisions so systems can operate more energy efficiently; upfront capital costs will also decrease. This information can also be used to drive changes in negotiations about PPL energy demands. It should enable brokers and tenants to agree about lower PPL capacities. Owner-occupied buildings will also benefit. Overestimating PPL capacity leads designers to oversize electrical infrastructure and cooling systems.

  4. Methods for calculating energy and current requirements for industrial electron beam processing

    International Nuclear Information System (INIS)

    Cleland, M.R.; Farrell, J.P.

    1976-01-01

    The practical problems of determining electron beam parameters for industrial irradiation processes are discussed. To assist the radiation engineer in this task, the physical aspects of electron beam absorption are briefly described. Formulas are derived for calculating the surface dose in the treated material using the electron energy, beam current and the area thruput rate of the conveyor. For thick absorbers electron transport results are used to obtain the depth-dose distributions. From these the average dose in the material, anti D, and the beam power utilization efficiency, F/sub p/, can be found by integration over the distributions. These concepts can be used to relate the electron beam power to the mass thruput rate. Qualitatively, the thickness of the material determines the beam energy, the area thruput rate and surface dose determine the beam current while the mass thruput rate and average depth-dose determine the beam power requirements. Graphs are presented showing these relationships as a function of electron energy from 0.2 to 4.0 MeV for polystyrene. With this information, the determination of electron energy and current requirements is a relatively simple procedure

  5. A novel explosive process is required for the gamma-ray burst GRB 060614.

    Science.gov (United States)

    Gal-Yam, A; Fox, D B; Price, P A; Ofek, E O; Davis, M R; Leonard, D C; Soderberg, A M; Schmidt, B P; Lewis, K M; Peterson, B A; Kulkarni, S R; Berger, E; Cenko, S B; Sari, R; Sharon, K; Frail, D; Moon, D-S; Brown, P J; Cucchiara, A; Harrison, F; Piran, T; Persson, S E; McCarthy, P J; Penprase, B E; Chevalier, R A; MacFadyen, A I

    2006-12-21

    Over the past decade, our physical understanding of gamma-ray bursts (GRBs) has progressed rapidly, thanks to the discovery and observation of their long-lived afterglow emission. Long-duration (> 2 s) GRBs are associated with the explosive deaths of massive stars ('collapsars', ref. 1), which produce accompanying supernovae; the short-duration (< or = 2 s) GRBs have a different origin, which has been argued to be the merger of two compact objects. Here we report optical observations of GRB 060614 (duration approximately 100 s, ref. 10) that rule out the presence of an associated supernova. This would seem to require a new explosive process: either a massive collapsar that powers a GRB without any associated supernova, or a new type of 'engine', as long-lived as the collapsar but without a massive star. We also show that the properties of the host galaxy (redshift z = 0.125) distinguish it from other long-duration GRB hosts and suggest that an entirely new type of GRB progenitor may be required.

  6. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

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

  7. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    Full Text Available The article deals with the specifics of the interpretation of «legal mentality ‘category in different scientific concepts. The most authoritative study of the mentality directions: social psychology, which is based on the sociological theory of E. Durkheim; general psychology, theory of archetypes as the basis of the «collective unconscious,» K. Jung, the concept of «social character», V. Rayh. Legal mentality – a deep, well-established system of views and opinions of a particular social group, class, stratum, people, nation or community to another institute of law, peculiarities of its application and role in society. The specifics of the legal mentality lies in its visual Depending on historical traditions and culture of a particular nation. This necessitates mandatory accounting features of the legal mentality of the people in the legislative process. Formation of legal culture of the people is impossible without its primer on its historical traditions, culture and language. Revival Ukrainian legal culture consistent with modern legal policy polyarchy. Despite the trend of integration of their own political, economic and legal systems in the European community of the European Union member states to carefully refer to the national legal traditions. National mentality and its features are reflected in the legal submissions which are contained in proverbs, sayings, myths, thoughts, tales, is the oral form of manifestation of the people's legal culture, as well as reflected in the customs, traditions, ways of working, which were made in the legal daily on throughout the history of the people. In addition, the features appear in the national legal notions and reactions in relation to such objects of political and legal reality as a state, local government, law, crime, punishment, the court, the trial, the political leaders, customs reform, civil servants, family, inheritance, labor, property, and so on. It is noted that in legal science

  8. [Patients unable to give consent and without a power of attorney or legal guardian in the geriatric department].

    Science.gov (United States)

    Schuler, M

    2011-10-01

    The importance of powers of attorney and legal guardians for patients in hospitals who are unable to make decisions for themselves is growing. Without an authorized person in these cases, treatment and discharge are more difficult. The goal of this study was to describe the problem from the point of view of an acute geriatric department and discuss the problems with respect to duration and expense of hospitalization. In addition, an attempt was undertaken to improve cooperation with the legal authorities in order to reduce the time required to process the request for the appointment of a legal guardian. A total of 24 consecutive patients appointed a legal guardian during their hospitalization were compared with 25 patients after the intervention. Of all patients treated in 2008, 2.1% needed an application for an appointed legal guardian (4.6% in 2009). These patients were more seriously ill and treated longer in the hospital compared to all patients. The intervention reduced the length of stay on average by 2.8 days. Independent risk factors for longer treatment were more seriously ill patients and later submission of the application after admittance to the hospital. For patients above the maximum length of stay, the move to a nursing home and the need of a professional legal guardian prolonged significantly the hospital treatment compared to those below the maximum length of stay. The data demonstrate that the German DRG system does not sufficiently consider the difficult management caused by patients without the ability to give consent to treatment and without a valid power of attorney. The time required until a professional legal guardian is appointed is too long for patients in a hospital. The necessity of a power of attorney has to be promoted more intensely to the public. Currently, the only two ways to minimize the problem is to identify the patients without, but needing a power of attorney as quickly as possible and to remain in close contact with the legal

  9. The requirements for processing tritium recovered from liquid lithium blankets: The blanket interface

    International Nuclear Information System (INIS)

    Clemmer, R.G.; Finn, P.A.; Greenwood, L.R.; Grimm, T.L.; Sze, D.K.; Bartlit, J.R.; Anderson, J.L.; Yoshida, H.; Naruse.

    1988-03-01

    We have initiated a study to define a blanket processing mockup for Tritium Systems Test Assembly. Initial evaluation of the requirements of the blanket processing system have been started. The first step of the work is to define the condition of the gaseous tritium stream from the blanket tritium recovery system. This report summarizes this part of the work for one particular blanket concept, i.e., a self-cooled lithium blanket. The total gas throughput, the hydrogen to tritium ratio, the corrosive chemicals, and the radionuclides are defined. The key discoveries are: the throughput of the blanket gas stream (including the helium carrier gas) is about two orders of magnitude higher than the plasma exhaust stream;the protium to tritium ratio is about 1, the deuterium to tritium ratio is about 0.003;the corrosion chemicals are dominated by halides;the radionuclides are dominated by C-14, P-32, and S-35;their is high level of nitrogen contamination in the blanket stream. 77 refs., 6 figs., 13 tabs

  10. Development Methodology for an Integrated Legal Cadastre

    NARCIS (Netherlands)

    Hespanha, J.P.

    2012-01-01

    This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis. It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal,

  11. Selected Legal Issues in Catholic Schools.

    Science.gov (United States)

    Shaughnessy, Mary Angela

    This book examines legal issues that affect Catholic high schools. Chapter 1 discusses sources of the law and how fairness and due process, federal and state statutes, and various guidelines shape the law. Tort law, corporal punishment, search and seizure, defamation of character, and negligence are covered in chapter 2. Chapter 3 details issues…

  12. Chinese legal texts – Quantitative Description

    Directory of Open Access Journals (Sweden)

    Ľuboš GAJDOŠ

    2017-06-01

    Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.

  13. Ocean energy: key legal issues and challenges

    International Nuclear Information System (INIS)

    Wright, Glen; Rochette, Julien; O'Hagan, Anne Marie; De Groot, Jiska; Leroy, Yannick; Soininen, Niko; Salcido, Rachael; Castelos, Montserrat Abad; Jude, Simon; Kerr, Sandy

    2015-01-01

    Ocean energy is a novel renewable energy resource being developed as part of the push towards a 'Blue Economy'. The literature on ocean energy has focused on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received less attention, despite their importance in supporting this new technology and ensuring its sustainable development. In this Issue Brief, we set out some key legal challenges for the development of ocean energy technologies, structured around the following core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources. (authors)

  14. Education of legal human as way to the construction of law governed society in contemporary Ukraine

    Directory of Open Access Journals (Sweden)

    В. О. Сліпенчук

    2015-03-01

    Full Text Available The article is devoted to the study of the process of legal education of the individual, the impact on the formation of legal consciousness. Analyzed understanding of the educational process and its possibilities in the concept of philosophy of education S.I. Hessen. Defined the main directions of education legal human in Ukrainian society.

  15. Legal framework of the Radiation Protection in Guatemala

    International Nuclear Information System (INIS)

    Freire, Diana

    2002-01-01

    This presentation prepared by the Deputy Director of Energy Mrs. Diana Freire de Nave overviews the following issues: objectives and functions of the national authority on the following activities: controlling, licensing and inspections. Also describes the legal process to authorize installations, operators, equipment and the legal frame on radiation safety in Guatemala

  16. Transforming the Legal Studies Classroom: Clickers and Engagement

    Science.gov (United States)

    Park, Susan; Farag, Denise

    2015-01-01

    In this article the authors address the use of a personal response system ("clickers") in legal studies courses. As legal studies professors, the authors both found that the use of clickers transformed their classrooms--both professors and students are more engaged in the material and in the process of teaching and learning. Building off…

  17. Whither the legal control of nuclear energy?

    International Nuclear Information System (INIS)

    Riley, Peter

    1995-01-01

    International nuclear trade is governed by the regime of legal control of nuclear energy, nuclear materials, knowledge of nuclear processes and weapons. Nuclear trade is under pinned by international agreements concerning physical protection and safeguards, the control of nuclear weapons, the protection of nuclear materials from terrorist action and third part liability. The political and geographical boundary changes of the past two years have significantly altered the background against which this regime has developed. Such changes have affected nuclear trade. The paper summarised the legal control of nuclear energy between States, identifies the areas of change which may affect this regime and the consequences for international trade. Conclusions are drawn as to the development of the international legal control of nuclear energy. (author). 21 refs

  18. Fluoxetine requires the endfeet protein aquaporin-4 to enhance plasticity of astrocyte processes

    Directory of Open Access Journals (Sweden)

    Barbara eDi Benedetto

    2016-02-01

    in HAB brains. Thus, we suggest that longer treatment regimes may be needed to properly restore the coverage of BVs or to relocate AQP-4 to astrocyte endfeet. In conclusion, FLX requires AQP-4 to modulate the plasticity of astrocyte processes and this effect might be essential to re-establish a functional glia-vasculature interface necessary for a physiological communication between bloodstream and brain parenchyma.

  19. The slow elimination of legal protection in connection with the law on the protection of the environment

    International Nuclear Information System (INIS)

    Geulen, R.

    1980-01-01

    The main cause of the reduction of legal protection against decisions under planning law and faits accomplis created during planning seems to stem from the practice adopted by those initiating and having an interest in projects, namely to prepare and somewhat anticipate the essential decisions long before government-controlle planning sets in. In fact, the licensing authorities which, according to their legal function, would have to check applications of operators with regard to licensing requirements, see themselves confined to follow a slow process of amalgamation with given, and, sometimes, factually executed planning decisions. In addition, the situation of the authorities regarding personnel and time does not allow them to carry out factual checking in its proper sense of, for example, licensing requirements for nuclear power plant construction. This process of amalgamation discussed by the author has an impact on the functions to be fulfilled by the courts, and on legal protection in general. The prognosis given by the author says that, due to this lack of efficient control by governmental authorities and courts especially in connection with the planning of large-scale projects likely to have an unfavourable effect on the environment, those persons or groups of persons feeling themselves insufficiently protected by the legal system, will more and more have recourse to political action rather than legal action. (orig.) [de

  20. Architectural Design for the Global Legal Information Network

    Science.gov (United States)

    Kalpakis, Konstantinos

    1999-01-01

    In this report, we provide a summary of our activities regarding the goals, requirements analysis, design, and prototype implementation for the Global Legal Information Network, a joint effort between the Law Library of Congress and NASA.

  1. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  2. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

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

  3. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

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

  4. Law n. 13.015/2014: Amendment of Labor Magazine Feature and Possible offenses to Constitutional Principles of Due Process Legal Access to Jurisdiction and Effectiveness

    Directory of Open Access Journals (Sweden)

    Sérgio Henriques Zandona Freitas

    2015-12-01

    Full Text Available This scientific article aims to study the reforms undertaken by the Law 13.015/2014 under the proposed amendments to the labor resources of magazines, and a growing demand in the edition of overviews by the Regionals Labors Court. At first, the theoretical basis, we analyze the prospects of the constitutional process model within the framework leveraged as a democratic state. After, it enters to the principle concept of due process of law, the access Jurisdiction and Effectiveness, doing, in a third moment, a brief survey and survey as the main proposals of changes made by Law n. 13.015/2014, demonstrating the likelihood that some provisions of this standard or not contradict principles and constitutional guarantees. Trough the deductive method and the bibliographic research this article has been written from a large conception to a small one. And as technical proceeding were used the theme analysis as a way of looking for a solution for the problem.

  5. Improving the Simplified Acquisition of Base Engineering Requirements (SABER) Delivery Order Award Process: Results of a Process Improvement Plan

    Science.gov (United States)

    1991-09-01

    putting all tasks directed towsrds achieving an outcome in aequence. The tasks can be viewed as steps in the process (39:2.3). Using this...improvement opportunity is investigated. A plan is developed, root causes are identified, and solutions are tested and implemented. The process is... solutions , check for actual improvement, and integrate the successful improvements into the process. ?UP 7. Check Improvement Performance. Finally, the

  6. MODERNIZATION, OPTIMIZATION PROCESS OF REGULATION OF THE LEGAL FRAMEWORK AS A BASIS FOR THE DEVELOPMENT OF THE FINANCIAL SUSTAINABILITY OF MUNICIPALITIES

    Directory of Open Access Journals (Sweden)

    Elena B. Krylova

    2015-01-01

    Full Text Available The article highlights the problems associated with the maintenance of financial stability of municipalities. The process of improving the regulatory framework in the public sector of the economy, ensuring the development of economic entities of financial relations at the municipal level, and contributing to the achievement of financial sustainability of municipalities. We consider a number of theses that constitute the theoretical basis of the financial sustainability of municipalities. 

  7. 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.

  8. Export Control Requirements for Tritium Processing Design and R&D

    Energy Technology Data Exchange (ETDEWEB)

    Hollis, William Kirk [Los Alamos National Lab. (LANL), Los Alamos, NM (United States); Maynard, Sarah-Jane Wadsworth [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2017-04-05

    This document will address requirements of export control associated with tritium plant design and processes. Los Alamos National Laboratory has been working in the area of tritium plant system design and research and development (R&D) since the early 1970’s at the Tritium Systems Test Assembly (TSTA). This work has continued to the current date with projects associated with the ITER project and other Office of Science Fusion Energy Science (OS-FES) funded programs. ITER is currently the highest funding area for the DOE OS-FES. Although export control issues have been integrated into these projects in the past a general guidance document has not been available for reference in this area. To address concerns with currently funded tritium plant programs and assist future projects for FES, this document will identify the key reference documents and specific sections within related to tritium research. Guidance as to the application of these sections will be discussed with specific detail to publications and work with foreign nationals.

  9. Export Control Requirements for Tritium Processing Design and R&D

    Energy Technology Data Exchange (ETDEWEB)

    Hollis, William Kirk [Los Alamos National Lab. (LANL), Los Alamos, NM (United States); Maynard, Sarah-Jane Wadsworth [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2015-10-30

    This document will address requirements of export control associated with tritium plant design and processes. Los Alamos National Laboratory has been working in the area of tritium plant system design and research and development (R&D) since the early 1970’s at the Tritium Systems Test Assembly (TSTA). This work has continued to the current date with projects associated with the ITER project and other Office of Science Fusion Energy Science (OS-FES) funded programs. ITER is currently the highest funding area for the DOE OS-FES. Although export control issues have been integrated into these projects in the past a general guidance document has not been available for reference in this area. To address concerns with currently funded tritium plant programs and assist future projects for FES, this document will identify the key reference documents and specific sections within related to tritium research. Guidance as to the application of these sections will be discussed with specific detail to publications and work with foreign nationals.

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

  12. 75 FR 79031 - Proposed Extension of Existing Information, Collection; Representative of Miners; Legal Identity...

    Science.gov (United States)

    2010-12-17

    ... Extension of Existing Information, Collection; Representative of Miners; Legal Identity Report; Opening and....2, 40.3, 40.4, and 40.5, Representative of Miners; 30 CFR 41.20, Legal Identity Report; 30 CFR 56... designation. Legal Identity Report Section 109(d) of the Mine Act requires each operator of a coal or other...

  13. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

    ... Treaty require a Management Authority to make a legal acquisition finding before issuing export permits... before issuing certain CITES exemption documents. (b) Types of legal acquisition. Legal acquisition refers to whether the specimen and its parental stock were: (1) Obtained in accordance with the...

  14. The Impact of Legal Medicine Education on Medical Students' Attitudes toward Law.

    Science.gov (United States)

    LeBlang, Theodore R.; And Others

    1985-01-01

    Physicians' negative attitudes toward law and the legal system derive from the lack of understanding of basic legal principles relating to medical practice. The impact of required curriculum programing in legal medicine at Southern Illinois University School of Medicine is assessed. (Author/MLW)

  15. Argumentation in Legal Reasoning

    Science.gov (United States)

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

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

  16. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

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

  17. 21 CFR 212.60 - What requirements apply to the laboratories where I test components, in-process materials, and...

    Science.gov (United States)

    2010-04-01

    ... maintenance. Each laboratory must have and follow written procedures to ensure that equipment is routinely... 21 Food and Drugs 4 2010-04-01 2010-04-01 false What requirements apply to the laboratories where...) Laboratory Controls § 212.60 What requirements apply to the laboratories where I test components, in-process...

  18. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

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

  19. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  20. Requirements for enrichment tools

    NARCIS (Netherlands)

    Boer, A.; Winkels, R.; Trompper, M.

    2016-01-01

    This report gives a high level overview of requirements for Enrichment tools in the Openlaws.eu project. Openlaws.eu aims to initiate a platform and develop a vision for Big Open Legal Data (BOLD): an open framework for legislation, case law, and legal literature from across Europe.

  1. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

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

    2018-03-01

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

  2. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

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

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

    Science.gov (United States)

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

  4. Requirements for a modern process control system (PLS); Anforderungen an ein modernes Prozessleitsystem (PLS)

    Energy Technology Data Exchange (ETDEWEB)

    Maurer, Michael [SAR Elektronic GmbH, Dingolfing (Germany)

    2012-11-01

    The process control system is of crucial importance for the process management of process engineering systems. The process control system has to enable the operation and surveillance of processes, to register critical process conditions and to provide process data for the evaluation of processes. The process control system delivers real time process data to superior process engineering systems (MES, ERP) and implements control commands of superior systems on the plant. The market of process control engineering systems is characterized by a variety of different systems, most different project specific and customer specific configurations as well as different releases. Control systems are in competition to programmable logic controllers and black boxes. The satisfaction of the user with his process control system depends significantly on the attained quality of execution of the supplying company and the used power plant library. It does not depend on the chosen brand of process control system. The availability of process control systems depends on the chosen system architecture and the chosen components, but not from the brand of process control system.

  5. Economic analysis of solar industrial process heat systems: A methodology to determine annual required revenue and internal rate of return

    Science.gov (United States)

    Dickinson, W. C.; Brown, K. C.

    1981-08-01

    An economic evaluation of solar industrial process heat systems, is developed to determine the annual required revenue and the internal rate of return. First, a format is provided to estimate the solar system's installed cost, annual operating and maintenance expenses, and net annual solar energy delivered to the industrial process. The annual required revenue and the price of solar is calculated. The economic attractiveness of the potential solar investment can be determined by comparing the price of solar energy with the price of fossilfuel, both expressed in levelized terms. This requires calcuation of the internal rate of return on the solar investment or, in certain cases, the growth rate of return.

  6. 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…

  7. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  8. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

    Mavroforou, A; Michalodimitrakis, E; Hatzitheo-Filou, C; Giannoukas, A

    2010-02-01

    With the rapid introduction of revolutionary technologies in surgical practice, such as computer-enhanced robotic surgery, the complexity in various aspects, including medical, legal and ethical, will increase exponentially. Our aim was to highlight important legal and ethical implications emerged from the application of robotic surgery. Search of the pertinent medical and legal literature. Robotic surgery may open new avenues in the near future in surgical practice. However, in robotic surgery, special training and experience along with high quality assessment are required in order to provide normal conscientious care and state-of-the-art treatment. While the legal basis for professional liability remains exactly the same, litigation with the use of robotic surgery may be complex. In case of an undesirable outcome, in addition to physician and hospital, the manufacturer of the robotic system may be sued. In respect to ethical issues in robotic surgery, equipment safety and reliability, provision of adequate information, and maintenance of confidentiality are all of paramount importance. Also, the cost of robotic surgery and the lack of such systems in most of the public hospitals may restrict the majority from the benefits offered by the new technology. While surgical robotics will have a significant impact on surgical practice, it presents challenges so much in the realm of law and ethics as of medicine and health care.

  9. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

    Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

  10. 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.).

  11. Characteristics of illegal and legal cigarette packs sold in Guatemala.

    Science.gov (United States)

    Arevalo, Rodrigo; Corral, Juan E; Monzon, Diego; Yoon, Mira; Barnoya, Joaquin

    2016-11-25

    Guatemala, as a party to the Framework Convention on Tobacco Control (FCTC), is required to regulate cigarette packaging and labeling and eliminate illicit tobacco trade. Current packaging and labeling characteristics (of legal and illegal cigarettes) and their compliance with the FCTC is unknown. We sought to analyze package and label characteristics of illegal and legal cigarettes sold in Guatemala. We visited the 22 largest traditional markets in the country to purchase illegal cigarettes. All brands registered on tobacco industry websites were purchased as legal cigarettes. Analysis compared labeling characteristics of illegal and legal packs. Most (95%) markets and street vendors sold illegal cigarettes; 104 packs were purchased (79 illegal and 25 legal). Ten percent of illegal and none of the legal packs had misleading terms. Half of the illegal packs had a warning label covering 26 to 50% of the pack surface. All legal packs had a label covering 25% of the surface. Illegal packs were more likely to have information on constituents and emissions (85% vs. 45%, p Guatemala, neither illegal nor legal cigarette packs comply with FCTC labeling mandates. Urgent implementation and enforcement of the FCTC is necessary to halt the tobacco epidemic.

  12. Legal bases for the installation of nuclear power plants

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1980-06-01

    The process of installation of nuclear power plants in the context of the Brazilian legal system is analysed. The structure of the political and administrative system related to the matter and the correspondent legislation are discussed. (A.L.) [pt

  13. Harmonising legality with morality in Islamic banking and finance: A quest for Maqāṣid al-Sharī‘ah paradigm

    Directory of Open Access Journals (Sweden)

    Luqman Zakariyah

    2015-12-01

    Full Text Available Scholars in Islamic Finance Industry (IFI have been calling for the integration of Islamic morality with legal theories in the industry. Among the reasons for this call is an unethical trend in product innovation. Implementing Islamic banking and financial practices would require adopting their undergirding Islamic legal and moral frameworks. Departing from these foundations of Islamic law could render the activities conducted under its name religiously unacceptable. Many approaches have been put forward to achieve this cause. One of the most complex yet subjective approaches is the quest for Maqāṣid al-Sharī‘ah. This paper critically examines the feasibility of harmonising morality with legality in Islamic finance. In doing so, it will reveal what constitutes morality and legality in Islamic legal theory, and critically examine the approaches of Muslim classical scholars in fusing the two elements together for the realisation and actualisation of the very objectives of Sharī‘ah. Questions of the relationship between morality and legality are raised, and samples of Islamic finance products are evaluated to expose their moral and legal dimensions. Lastly, the role of Maqāṣid al-Sharī‘ah in the process of harmonisation is discussed with some observations and reservations on the practicality of their implementation.

  14. Treated effluent disposal system process control computer software requirements and specification

    International Nuclear Information System (INIS)

    Graf, F.A. Jr.

    1994-01-01

    The software requirements for the monitor and control system that will be associated with the effluent collection pipeline system known as the 200 Area Treated Effluent Disposal System is covered. The control logic for the two pump stations and specific requirements for the graphic displays are detailed

  15. 20 CFR 653.501 - Requirements for accepting and processing clearance orders.

    Science.gov (United States)

    2010-04-01

    ... the job order. (i) No agricultural or food processing order shall be included in job bank listings... clearance any job order seeking workers to perform agricultural or food processing work before reviewing it... order seeking workers to perform agricultural or food processing work into intrastate clearance unless...

  16. Community-level policy responses to state marijuana legalization in Washington State.

    Science.gov (United States)

    Dilley, Julia A; Hitchcock, Laura; McGroder, Nancy; Greto, Lindsey A; Richardson, Susan M

    2017-04-01

    Washington State (WA) legalized a recreational marijuana market - including growing, processing and retail sales - through voter initiative 502 in November 2012. Legalized recreational marijuana retail sales began in July 2014. In response to state legalization of recreational marijuana, some cities and counties within the state have passed local ordinances that either further regulated marijuana markets, or banned them completely. The purpose of this study is to describe local-level marijuana regulations on recreational retail sales within the context of a state that had legalized a recreational marijuana market. Marijuana-related ordinances were collected from all 142 cities in the state with more than 3000 residents and from all 39 counties. Policies that were in place as of June 30, 2016 - two years after the state's recreational market opening - to regulate recreational marijuana retail sales within communities were systematically coded. A total of 125 cities and 30 counties had passed local ordinances to address recreational marijuana retail sales. Multiple communities implemented retail market bans, including some temporary bans (moratoria) while studying whether to pursue other policy options. As of June 30, 2016, 30% of the state population lived in places that had temporarily or permanently banned retail sales. Communities most frequently enacted zoning policies explicitly regulating where marijuana businesses could be established. Other policies included in ordinances placed limits on business hours and distance requirements (buffers) between marijuana businesses and youth-related land use types or other sensitive areas. State legalization does not necessarily result in uniform community environments that regulate recreational marijuana markets. Local ordinances vary among communities within Washington following statewide legalization. Further study is needed to describe how such local policies affect variation in public health and social outcomes

  17. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  18. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

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

  19. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  20. 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...

  1. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  2. 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...

  3. Using Comics to Communicate Legal Contract Cancellation

    Directory of Open Access Journals (Sweden)

    Marietjie Botes

    2017-10-01

    Full Text Available This article investigates how comics can be used to adequately communicate the correct process of contract cancellation and whether comics can enhance understanding of the legal process. A survey of pre-owned vehicle buyers of various levels of education in Pretoria, South Africa found that when comics are used to communicate contract cancellation, a significant increase in the comprehension of the legal cancellation process occurs. The results may influence how contracting parties may choose to communicate complex legal issues in future, specifically to consumers with little formal education or when parties are confronted with severe language barriers, which is highly relevant in a country such as South Africa with eleven official languages and generally low levels of education. The article argues that representatives tasked with explaining contractual content to contracting parties should consider making use of comics to aid them in their communication process to ensure proper understanding and execution of terms and conditions, which in turn may lead to fewer disputes and avoid expensive litigation.

  4. Studies on legal systems and public decision-making process of the environmental protection and natural conservation; Kankyo{center{underscore}dot}shizenhogo no mirai no tameno koukyoteki kettei to sisutemu ni kansuru kenkyu

    Energy Technology Data Exchange (ETDEWEB)

    Hayashida, Seimei [Hokkaido University, Hokkaido (Japan). Faculty of Law

    1998-12-16

    This study have dealt with the issues of how the policies of environmental and natural protection should be shaped in a democratic society, and what the optimal legal systems should be for realizing the policies. We have analyzed these issues from the following three points of view ; the first one is the legal philosophical issues of justice and moral values among individuals and organizations. Secondly, we analyzed the optimal deterrence system of organizations for pollution controls, etc. We studied crimes and illegal conducts by organizations and corporations themselves, and their employees under the principal-agency model. Third, we looked at the legal system itself and the foundations of environmental issues from the legal-philosophical aspect. Fourth, we analyzed how the social decision-makings on the environmental protection were produced, using the public choice theory. (author)

  5. Incorporating functional requirements into the structural design of the Defense Waste Processing Facility

    International Nuclear Information System (INIS)

    Hsiu, F.J.; Ng, C.K.; Almuti, A.M.

    1986-01-01

    Vitrification Building-type structures have unique features and design needs. The structural design requires new concepts and custom detailing. The above special structural designs have demonstrated the importance of the five design considerations listed in the introduction. Innovative ideas and close coordination are required to achieve the design objectives. Many of these innovations have been applied to the DWPF facility which is a first of a kind

  6. Processing of unconventional stimuli requires the recruitment of the non-specialized hemisphere

    Directory of Open Access Journals (Sweden)

    Yoed Nissan Kenett

    2015-02-01

    Full Text Available In the present study we investigate hemispheric processing of conventional and unconventional visual stimuli in the context of visual and verbal creative ability. In Experiment 1, we studied two unconventional visual recognition tasks – Mooney face and objects' silhouette recognition – and found a significant relationship between measures of verbal creativity and unconventional face recognition. In Experiment 2 we used the split visual field paradigm to investigate hemispheric processing of conventional and unconventional faces and its relation to verbal and visual characteristics of creativity. Results showed that while conventional faces were better processed by the specialized right hemisphere, unconventional faces were better processed by the non-specialized left hemisphere. In addition, only unconventional face processing by the non-specialized left hemisphere was related to verbal and visual measures of creative ability. Our findings demonstrate the role of the non-specialized hemisphere in processing unconventional stimuli and how it relates to creativity.

  7. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

    The legal provisions governing the acknowledgment of test results are most frequently applied by administrative orders (design and qualification approvals or specimen testing and approval) and are thus claimable and voidable in accordance with general administrative law. The acknowledgment of test certificates requires a legal basis. Test results, however, can be acknowledged also by administrative bodies. Recently, the Federal Government began to delegate more of its legal authority in this field to private institutions, allowing test results to be acknowledged and test certificates to be issued by government controlled private institutions. (orig.) [de

  8. A regulatory adjustment process for the determination of the optimal percentage requirement in an electricity market with Tradable Green Certificates

    International Nuclear Information System (INIS)

    Currier, Kevin M.

    2013-01-01

    A system of Tradable Green Certificates (TGCs) is a market-based subsidy scheme designed to promote electricity generation from renewable energy sources such as wind power. Under a TGC system, the principal policy instrument is the “percentage requirement,” which stipulates the percentage of total electricity production (“green” plus “black”) that must be obtained from renewable sources. In this paper, we propose a regulatory adjustment process that a regulator can employ to determine the socially optimal percentage requirement, explicitly accounting for environmental damages resulting from black electricity generation. - Highlights: • A Tradable Green Certificate (TGC) system promotes energy production from renewable sources. • We consider an electricity oligopoly operated under a TGC system. • Welfare analysis must account for damages from “black” electricity production. • We characterize the welfare maximizing (optimal) “percentage requirement.” • We present a regulatory adjustment process that computes the optimal percentage requirement iteratively

  9. The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

    Directory of Open Access Journals (Sweden)

    Goźdź-Roszkowski Stanisław

    2016-06-01

    Full Text Available This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate engaged in the specialist domain of probate law (legal process related to the estate of a deceased person. It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

  10. IT Security Standards and Legal Metrology – Transfer and Validation

    Directory of Open Access Journals (Sweden)

    Thiel F.

    2014-01-01

    Full Text Available Legal Metrology’s requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408. We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology’s requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany’s Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID are incorporated. A verification approach to check for meeting Legal Metrology’s requirements by their interpretation through Common Criteria’s generic requirements is also presented.

  11. Guidelines for the Deployment of Product-Related Environmental Legislation into Requirements for the Product Development Process

    DEFF Research Database (Denmark)

    Ferraz, Mariana; Pigosso, Daniela Cristina Antelmi; Teixeira, Cláudia Echevenguá

    2013-01-01

    Environmental legislation is increasingly changing its focus from end-of-pipe approaches to a life cycle perspective. Therefore, manufacturing companies are increasingly identifying the need of deploying and incorporating product-related environmental requirements into the product development...... process. This paper presents twelve guidelines, clustered into three groups, to support companies in the identification, analysis and deployment of product requirements from product-related environmental legislation....

  12. Congruence from the operator's point of view: compositionality requirements on process semantics

    NARCIS (Netherlands)

    Gazda, M.; Fokkink, W.J.

    2010-01-01

    One of the basic sanity properties of a behavioural semantics is that it constitutes a congruence with respect to standard process operators. This issue has been traditionally addressed by the development of rule formats for transition system specifications that define process algebras. In this

  13. Congruence from the operator's point of view : compositionality requirements on process semantics

    NARCIS (Netherlands)

    Gazda, M.W.; Fokkink, W.J.; Aceto, L.; Sobocinski, P.

    2010-01-01

    One of the basic sanity properties of a behavioural semantics is that it constitutes a congruence with respect to standard process operators. This issue has been traditionally addressed by the development of rule formats for transition system specifications that define process algebras. In this

  14. Process-based models are required to manage ecological systems in a changing world

    Science.gov (United States)

    K. Cuddington; M.-J. Fortin; L.R. Gerber; A. Hastings; A. Liebhold; M. OConnor; C. Ray

    2013-01-01

    Several modeling approaches can be used to guide management decisions. However, some approaches are better fitted than others to address the problem of prediction under global change. Process-based models, which are based on a theoretical understanding of relevant ecological processes, provide a useful framework to incorporate specific responses to altered...

  15. The governance of green IT The role of processes in reducing data center energy requirements

    CERN Document Server

    Spafford, George

    2008-01-01

    To sustain support, IT must implement processes to ensure proper value creation and protection of organizational goals.  To this end, this book sets forth a Green IT process that will enable value creation and protection in the areas of data center power and cooling.

  16. The legal framework for nuclear development

    International Nuclear Information System (INIS)

    Baker, J.

    1982-01-01

    A summary is presented of the legal framework within which civil nuclear power operations are conducted in Britain. The planning procedures are illustrated by reference to the consents history of one of the CEGB existing power stations - Sizewell 'A'. The process is traced through the stages of defining the need, identifying a site, making a formal application to build, Public Enquiry, site licensing and operational control. (U.K.)

  17. Technical and legal perspectives on forensics scenario

    OpenAIRE

    Solinas, Fabrizio

    2014-01-01

    The dissertation concerns digital forensic. The expression digital forensic (sometimes called digital forensic science) is the science that studies the identification, storage, protection, retrieval, documentation, use, and every other form of computer data processing in order to be evaluated in a legal trial. Digital forensic is a branch of forensic science. First of all, digital forensic represents the extension of theories, principles and procedures that are typical and importa...

  18. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

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

  19. Risk-based Strategy to Determine Testing Requirement for the Removal of Residual Process Reagents as Process-related Impurities in Bioprocesses.

    Science.gov (United States)

    Qiu, Jinshu; Li, Kim; Miller, Karen; Raghani, Anil

    2015-01-01

    The purpose of this article is to recommend a risk-based strategy for determining clearance testing requirements of the process reagents used in manufacturing biopharmaceutical products. The strategy takes account of four risk factors. Firstly, the process reagents are classified into two categories according to their safety profile and history of use: generally recognized as safe (GRAS) and potential safety concern (PSC) reagents. The clearance testing of GRAS reagents can be eliminated because of their safe use historically and process capability to remove these reagents. An estimated safety margin (Se) value, a ratio of the exposure limit to the estimated maximum reagent amount, is then used to evaluate the necessity for testing the PSC reagents at an early development stage. The Se value is calculated from two risk factors, the starting PSC reagent amount per maximum product dose (Me), and the exposure limit (Le). A worst-case scenario is assumed to estimate the Me value, that is common. The PSC reagent of interest is co-purified with the product and no clearance occurs throughout the entire purification process. No clearance testing is required for this PSC reagent if its Se value is ≥1; otherwise clearance testing is needed. Finally, the point of the process reagent introduction to the process is also considered in determining the necessity of the clearance testing for process reagents. How to use the measured safety margin as a criterion for determining PSC reagent testing at process characterization, process validation, and commercial production stages are also described. A large number of process reagents are used in the biopharmaceutical manufacturing to control the process performance. Clearance testing for all of the process reagents will be an enormous analytical task. In this article, a risk-based strategy is described to eliminate unnecessary clearance testing for majority of the process reagents using four risk factors. The risk factors included

  20. Ferrocyanide Safety Program: Data requirements for the ferrocyanide safety issue developed through the data quality objectives (DQO) process

    International Nuclear Information System (INIS)

    Buck, J.W.; Anderson, C.M.; Pulsipher, B.A.; Toth, J.J.; Turner, P.J.; Cash, R.J.; Dukelow, G.T.; Meacham, J.E.

    1993-12-01

    This document records the data quality objectives (DQO) process applied to the Ferrocyanide Waste Tank Safety Issue at the Hanford Site by the Pacific Northwest Laboratory and Westinghouse Hanford Company. Specifically, the major recommendations and findings from this Ferrocyanide DQO process are presented so that decision makers can determine the type, quantity, and quality of data required for addressing tank safety issues. The decision logic diagrams and error tolerance equations also are provided. Finally, the document includes the DQO sample-size formulas for determining specific tank sampling requirements

  1. Bilgi Erişim Platformu Olarak Bulut Bilişim: Riskler ve Hukuksal Koşullar Üzerine Bir İnceleme= Cloud Computing as an Information Access Platform: A Study on Threats and Legal Requirements

    Directory of Open Access Journals (Sweden)

    Özgür Külcü

    2013-06-01

    of the data?”, “Who is responsible for protection of the data?”, “Is it possible to compensate for the data loss?”, in the current cloud computing systems and literature review. In addition to the pros and cons of cloud computing; the current law of United States and all directives and agreements in European Union are examined in order to draw attention to all legal risks and problems in the study. This study shows that there are no legal regulations relating to security and privacy issues of cloud computing in Turkey in scope of the current cloud computing service agreements and the legalities. At the end of the study, a new cloud computing security model is proposed, by which it is aimed to increase users’ trust towards the system and to ensure the security of user data.

  2. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

    Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

  3. Business Process Modelling is an Essential Part of a Requirements Analysis. Contribution of EFMI Primary Care Working Group.

    Science.gov (United States)

    de Lusignan, S; Krause, P; Michalakidis, G; Vicente, M Tristan; Thompson, S; McGilchrist, M; Sullivan, F; van Royen, P; Agreus, L; Desombre, T; Taweel, A; Delaney, B

    2012-01-01

    To perform a requirements analysis of the barriers to conducting research linking of primary care, genetic and cancer data. We extended our initial data-centric approach to include socio-cultural and business requirements. We created reference models of core data requirements common to most studies using unified modelling language (UML), dataflow diagrams (DFD) and business process modelling notation (BPMN). We conducted a stakeholder analysis and constructed DFD and UML diagrams for use cases based on simulated research studies. We used research output as a sensitivity analysis. Differences between the reference model and use cases identified study specific data requirements. The stakeholder analysis identified: tensions, changes in specification, some indifference from data providers and enthusiastic informaticians urging inclusion of socio-cultural context. We identified requirements to collect information at three levels: micro- data items, which need to be semantically interoperable, meso- the medical record and data extraction, and macro- the health system and socio-cultural issues. BPMN clarified complex business requirements among data providers and vendors; and additional geographical requirements for patients to be represented in both linked datasets. High quality research output was the norm for most repositories. Reference models provide high-level schemata of the core data requirements. However, business requirements' modelling identifies stakeholder issues and identifies what needs to be addressed to enable participation.

  4. Semantiz Structure of the Legal Term

    Directory of Open Access Journals (Sweden)

    Екатерина Владимировна Кулевская

    2016-12-01

    Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

  5. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  6. THE DILEMMA "FOR" AND "AGAINST" EUTHANASIA AND LEGAL AWARENESS OF THE DISABLED

    Directory of Open Access Journals (Sweden)

    Paraskeva Mancheva

    2016-10-01

    Full Text Available Aim: to study the legal awareness of the disabled and to solve the "for" or "against" euthanasia issue Material and methods: The study includes 305 polymorbid disabled people and is certificated by the General territorial Expert Medical Commission (LEDC at University Hospital "St. Marina " Varna for the period October-December 2011. The study uses sociological method - direct and group inquiry and statistical methods: analysis (χ2, analysis of variance, correlation analysis (r, regression analysis (β. The processing of the results was performed by SPSS v.17.0 for Windows. Results: The study of the legal awareness of euthanasia revealed a need for more information among polymorbid disabled people. There is a discrepancy between their more positive, supportive attitude (acceptance of euthanasia and lack of willingness to actually conduct. The reasons for this can be found in the sporadic public discussions on the debate on euthanasia and in the increased distrust of the health care system. Respondents believe that euthanasia at this stage cannot be imputed as an obligation for the Bulgarian medics. Conclusion: The legal public awareness issue is essential to protect the rights of the citizens, for the realization of those activities that require strict compliance with the Constitution, laws and regulations. The legal awareness study of the disabled for solution of the "for" or "against" euthanasia issue presents an opportunity to discuss a way out of a hopeless situation for patients in terminal condition.

  7. IDENTIFYING OPERATIONAL REQUIREMENTS TO SELECT SUITABLE DECISION MODELS FOR A PUBLIC SECTOR EPROCUREMENT DECISION SUPPORT SYSTEM

    Directory of Open Access Journals (Sweden)

    Mohamed Adil

    2014-10-01

    Full Text Available Public sector procurement should be a transparent and fair process. Strict legal requirements are enforced on public sector procurement to make it a standardised process. To make fair decisions on selecting suppliers, a practical method which adheres to legal requirements is important. The research that is the base for this paper aimed at identifying a suitable Multi-Criteria Decision Analysis (MCDA method for the specific legal and functional needs of the Maldivian Public Sector. To identify such operational requirements, a set of focus group interviews were conducted in the Maldives with public officials responsible for procurement decision making. Based on the operational requirements identified through focus groups, criteria-based evaluation is done on published MCDA methods to identify the suitable methods for e-procurement decision making. This paper describes the identification of the operational requirements and the results of the evaluation to select suitable decision models for the Maldivian context.

  8. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

    According to law the licensing boards can deny the licensing of new plants but in the case of non-compliance with the legal requirements. General safety scruples as a result of the Chernobyl reactor accident do not justify denials. The decommissioning of nuclear power plants cannot be decreed but in accordance with Para. 17, 18 of the Atomic Energy Law. Although the legislator is authorized to change laws, any law providing for the decommissioning of existing plants or providing for the legal basis of the decommissioning of plants would be equivalent to an expropriation and therefore involve damages according to article 14, section 3(2) of the Fundamental Law. (orig./HP) [de

  9. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

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

  10. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  11. Requirements concerning radiosterilization process organization; Wymagania dotyczace organizacji procesu sterylizacji radiacyjnej

    Energy Technology Data Exchange (ETDEWEB)

    Kaluska, I [Institute of Nuclear Chemistry and Technology, Warsaw (Poland)

    1997-10-01

    Administrative procedure connecting for licensing new materials or consumer products appropriated to radiosterilization have been performed and explained. Also the organization of irradiation process for attaining the proper result have been described in detail. 4 refs, 1 tab.

  12. Effective Electronic Security: Process for the Development and Validation from Requirements to Testing

    Science.gov (United States)

    2013-06-01

    ABBREVIATIONS ANSI American National Standards Institute ASIS American Society of Industrial Security CCTV Closed Circuit Television CONOPS...is globally recognized for the development and maintenance of standards. ASTM defines a specification as an explicit set of requirements...www.rkb.us/saver/. One of the SAVER reports titled CCTV Technology Handbook has a chapter on system design. The report uses terms like functional

  13. Requirements for a systems-based research and development management process in transport infrastructure engineering

    CSIR Research Space (South Africa)

    Rust, FC

    2015-05-01

    Full Text Available are not suitable for the management of such multi-disciplinary projects. This study focuses on determining the key characteristics required for a systems-based approach to the management of R&D projects. The information and data was compiled from literature reviews...

  14. 9 CFR 318.23 - Heat-processing and stabilization requirements for uncured meat patties.

    Science.gov (United States)

    2010-01-01

    ... requirements for uncured meat patties. 318.23 Section 318.23 Animals and Animal Products FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE AGENCY ORGANIZATION AND TERMINOLOGY; MANDATORY MEAT AND POULTRY... uncured meat patties. (a) Definitions. For purposes of this section, the following definitions shall apply...

  15. 42 CFR 3.102 - Process and requirements for initial and continued listing of PSOs.

    Science.gov (United States)

    2010-10-01

    ... conduct of patient safety activities, will take appropriate security measures to prevent unauthorized... SERVICES GENERAL PROVISIONS PATIENT SAFETY ORGANIZATIONS AND PATIENT SAFETY WORK PRODUCT PSO Requirements... patient safety reporting system to which health care providers (other than members of the entity's...

  16. 75 FR 41875 - Technical Processing Requirements for Multifamily Project Mortgage Insurance

    Science.gov (United States)

    2010-07-19

    ... is used to determine if key principals are acceptable and have the ability to manage the development... principals are acceptable and have the ability to manage the development, construction, completion, and... Requirements for Multifamily Project Mortgage Insurance AGENCY: Office of the Chief Information Officer, HUD...

  17. 9 CFR 590.544 - Spray process powder; definitions and requirements.

    Science.gov (United States)

    2010-01-01

    ... requirements. 590.544 Section 590.544 Animals and Animal Products FOOD SAFETY AND INSPECTION SERVICE... removed from the primary or main drying chamber while the drying unit is in operation. (2) Secondary... bag collector chamber while the drying unit is in operation. (3) Sweep-down powder is that powder...

  18. Evaluation of the Executive Information Requirements for the Market Research Process.

    Science.gov (United States)

    Lanser, Michael A.

    A study examined the marketing research information required by those executives of Lakeshore Technical College (Wisconsin) whose decisions affect the college's direction. Data were gathered from the following sources: literature review; development of a data dictionary framework; analysis of the college's current information system through…

  19. Expected requirements in support tool for software process improvement in SMEs

    OpenAIRE

    Muñoz Mata, Mirna; Mejía Miranda, Jezreel; Amescua Seco, Antonio; Calvo-Manzano Villalón, José Antonio; Cuevas Agustín, Gonzalo; San Feliu Gilabert, Tomás

    2012-01-01

    Nowadays being competitive is an important challenge for software development organizations. In order to achieve this, since last years, software process improvement has been an obvious and logical way. Unfortunately, even when many organizations are motivated to implement software process initiatives, not all know how best to do so, especially in Small and Medium Enterprises (SMEs) where due to its especial features, they have to be carefully in how to manage its resources to assure their ma...

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

    Directory of Open Access Journals (Sweden)

    Tilen Štajnpihler

    2017-12-01

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

  1. LEGAL EDUCATION OF PHARMACISTS IN A CONTEXT OF SOCIETY DEMOCRATIZATION AND THE EUROPEAN STANDARDS OF EDUCATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    I. M. Alieksieieva

    2015-04-01

    , spiritual, humanitarian, professional, etc. and active influence on social and public processes. ConclusIons: 1. Formation of Ukraine as a democratic, legal and social state regulated by the Constitution - the Basic Law and legislation on European integration, is therefore binding. Fundamental to achieve these ideals is the formation of personality with high level of legal awareness and legal culture. It can only be resolved in the process of focused, unified, systematic and evidence-based legal education, combined with a legal training. 2. The general motivation of a citizen to legal education caused by the following factors: growing as more and more political and economic international integration; rather complex economic and social relations at the national level; requirements of state vocational qualification standards; formation needs and ability to actively protect the established interests of law and the rights of both their own and other participants in public relations. 3. The major attention need legal education students. This is due to the following factors: 1 The specified category of youth is relatively independent, rather numerous social actors, carrier group sense of justice; 2 justice students largely determine the mode and the state of law and order in society; 3 students, opposed to other social groups, most masters, professions and specialties are needed in terms of transformation of society; 4 It is the main carrier of intellectual and physical potential of the nation and the only source of replenishment of highly qualified human resources of the state.4. Pharmacy legislation, Pharmacy Education, Pharmacists

  2. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

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

  3. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

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

  4. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

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

  5. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

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

  6. Diagnostic information for compliance checking of temporal compliance requirements

    NARCIS (Netherlands)

    Ramezani Taghiabadi, E.; Fahland, D.; Dongen, van B.F.; Aalst, van der W.M.P.; Salinesi, C.; Norrie, M.C.; Pastor, O.

    2013-01-01

    Compliance checking is gaining importance as today’s organizations need to show that operational processes are executed in a controlled manner while satisfying predefined (legal) requirements or service level agreements. Deviations may be costly and expose an organization to severe risks. Compliance

  7. Determination of isotopic purity in heavy water to suit process requirement (Preprint No. CA-15)

    Energy Technology Data Exchange (ETDEWEB)

    Kanthiah, W S.A.; Srinivasan, K; Usuf Ali, M C.M. [Heavy Water Plant, Tuticorin (India)

    1989-04-01

    In hydrogen/ammonia based heavy water plants, a simple specific gravity determination of heavy water without any purification or thermostating has proved to be simple and easy. The accuracy is found to be well within +- 0.5% in the isotopic purity (I.P) range of 30 to 90% W/W. There are three main methods that can be adopted for determination of I.P in this range: (1)refractometry, (2) infrared spectrophotometry, and (3) pycnometry. Refractrometry requires thermostating and the practical accuracy attainable is +- 1.5% W/W. Infrared spectrophotometer has a reported accuracy/ precision of +- 0.4%. Pycnometric analysis is simple and requires much less expertise and most suited for plant analyses. An accuracy better than +- 0.5% is attained without giving any correction for buoyancy, weighing to accuracy +- 0.1 mg, measuring temperature +- 0.2degC and sample having pH upto 3. (author). 8 annexures.

  8. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

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

    2013-04-01

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

  9. 37 CFR 201.15 - Special handling of pending claims requiring expedited processing for purposes of litigation.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Special handling of pending... PROVISIONS § 201.15 Special handling of pending claims requiring expedited processing for purposes of... compelling need for the service exists due to pending or prospective litigation, customs matters, or contract...

  10. Congruence from the Operator's Point of View: Compositionality Requirements on Process Semantics

    Directory of Open Access Journals (Sweden)

    Maciej Gazda

    2010-08-01

    Full Text Available One of the basic sanity properties of a behavioural semantics is that it constitutes a congruence with respect to standard process operators. This issue has been traditionally addressed by the development of rule formats for transition system specifications that define process algebras. In this paper we suggest a novel, orthogonal approach. Namely, we focus on a number of process operators, and for each of them attempt to find the widest possible class of congruences. To this end, we impose restrictions on sublanguages of Hennessy-Milner logic, so that a semantics whose modal characterization satisfies a given criterion is guaranteed to be a congruence with respect to the operator in question. We investigate action prefix, alternative composition, two restriction operators, and parallel composition.

  11. 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.

  12. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

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

  13. 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...

  14. Vega library for processing DICOM data required in Monte Carlo verification of radiotherapy treatment plans

    International Nuclear Information System (INIS)

    Locke, C.; Zavgorodni, S.; British Columbia Cancer Agency, Vancouver Island Center, Victoria BC

    2008-01-01

    Monte Carlo (MC) methods provide the most accurate to-date dose calculations in heterogeneous media and complex geometries, and this spawns increasing interest in incorporating MC calculations into treatment planning quality assurance process. This involves MC dose calculations for clinically produced treatment plans. To perform these calculations, a number of treatment plan parameters specifying radiation beam

  15. 40 CFR Table 3 to Subpart Ooo of... - Batch Process Vent Monitoring Requirements

    Science.gov (United States)

    2010-07-01

    ... records as specified in § 63.1416(d).b Condenser a Exit (product side) temperature Continuous records as....1416(d).b Boiler or process heater with a design heat input capacity less than 44 megawatts and where... inspections were performed as specified in § 63.1416(d). Scrubber, absorber, condenser, and carbon adsorber...

  16. Integrating Behavioral-Motive and Experiential-Requirement Perspectives on Psychological Needs: A Two Process Model

    Science.gov (United States)

    Sheldon, Kennon M.

    2011-01-01

    Psychological need theories offer much explanatory potential for behavioral scientists, but there is considerable disagreement and confusion about what needs are and how they work. A 2-process model of psychological needs is outlined, viewing needs as evolved functional systems that provide both (a) innate psychosocial motives that tend to impel…

  17. Requirements for the workflow-based support of release management processes in the automotive sector

    NARCIS (Netherlands)

    Bestfleisch, U.; Herbst, J.; Reichert, M.U.; Abdelmalek, B.

    One of the challenges the automotive industry currently has to master is the complexity of the electrical/elctronic system of a car. One key factor for reaching short product development cycles and high quality in this area are well-defined, properly executed test and release processes. In this

  18. Arabidopsis Intracellular NHX-Type Sodium-Proton Antiporters are Required for Seed Storage Protein Processing.

    Science.gov (United States)

    Ashnest, Joanne R; Huynh, Dung L; Dragwidge, Jonathan M; Ford, Brett A; Gendall, Anthony R

    2015-11-01

    The Arabidopsis intracellular sodium-proton exchanger (NHX) proteins AtNHX5 and AtNHX6 have a well-documented role in plant development, and have been used to improve salt tolerance in a variety of species. Despite evidence that intracellular NHX proteins are important in vacuolar trafficking, the mechanism of this role is poorly understood. Here we show that NHX5 and NHX6 are necessary for processing of the predominant seed storage proteins, and also influence the processing and activity of a vacuolar processing enzyme. Furthermore, we show by yeast two-hybrid and bimolecular fluorescence complementation (BiFC) technology that the C-terminal tail of NHX6 interacts with a component of Retromer, another component of the cell sorting machinery, and that this tail is critical for NHX6 activity. These findings demonstrate that NHX5 and NHX6 are important in processing and activity of vacuolar cargo, and suggest a mechanism by which NHX intracellular (IC)-II antiporters may be involved in subcellular trafficking. © The Author 2015. Published by Oxford University Press on behalf of Japanese Society of Plant Physiologists. All rights reserved. For permissions, please email: journals.permissions@oup.com.

  19. Abortion in Iranian legal system: a review.

    Science.gov (United States)

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

    2014-02-01

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

  20. Modelling health care processes for eliciting user requirements: a way to link a quality paradigm and clinical information system design.

    Science.gov (United States)

    Staccini, P; Joubert, M; Quaranta, J F; Fieschi, D; Fieschi, M

    2001-12-01

    Healthcare institutions are looking at ways to increase their efficiency by reducing costs while providing care services with a high level of safety. Thus, hospital information systems have to support quality improvement objectives. The elicitation of the requirements has to meet users' needs in relation to both the quality (efficacy, safety) and the monitoring of all health care activities (traceability). Information analysts need methods to conceptualise clinical information systems that provide actors with individual benefits and guide behavioural changes. A methodology is proposed to elicit and structure users' requirements using a process-oriented analysis, and it is applied to the blood transfusion process. An object-oriented data model of a process has been defined in order to organise the data dictionary. Although some aspects of activity, such as 'where', 'what else', and 'why' are poorly represented by the data model alone, this method of requirement elicitation fits the dynamic of data input for the process to be traced. A hierarchical representation of hospital activities has to be found for the processes to be interrelated, and for their characteristics to be shared, in order to avoid data redundancy and to fit the gathering of data with the provision of care.

  1. Legal assessment tool (LAT): an interactive tool to address privacy and data protection issues for data sharing.

    Science.gov (United States)

    Kuchinke, Wolfgang; Krauth, Christian; Bergmann, René; Karakoyun, Töresin; Woollard, Astrid; Schluender, Irene; Braasch, Benjamin; Eckert, Martin; Ohmann, Christian

    2016-07-07

    In an unprecedented rate data in the life sciences is generated and stored in many different databases. An ever increasing part of this data is human health data and therefore falls under data protected by legal regulations. As part of the BioMedBridges project, which created infrastructures that connect more than 10 ESFRI research infrastructures (RI), the legal and ethical prerequisites of data sharing were examined employing a novel and pragmatic approach. We employed concepts from computer science to create legal requirement clusters that enable legal interoperability between databases for the areas of data protection, data security, Intellectual Property (IP) and security of biosample data. We analysed and extracted access rules and constraints from all data providers (databases) involved in the building of data bridges covering many of Europe's most important databases. These requirement clusters were applied to five usage scenarios representing the data flow in different data bridges: Image bridge, Phenotype data bridge, Personalised medicine data bridge, Structural data bridge, and Biosample data bridge. A matrix was built to relate the important concepts from data protection regulations (e.g. pseudonymisation, identifyability, access control, consent management) with the results of the requirement clusters. An interactive user interface for querying the matrix for requirements necessary for compliant data sharing was created. To guide researchers without the need for legal expert knowledge through legal requirements, an interactive tool, the Legal Assessment Tool (LAT), was developed. LAT provides researchers interactively with a selection process to characterise the involved types of data and databases and provides suitable requirements and recommendations for concrete data access and sharing situations. The results provided by LAT are based on an analysis of the data access and sharing conditions for different kinds of data of major databases in Europe

  2. Isoprenylation is required for the processing of the lamin A precursor

    International Nuclear Information System (INIS)

    Beck, L.A.; Hosick, T.J.; Sinensky, M.

    1990-01-01

    The nuclear lamina proteins, prelamin A, lamin B, and a 70-kD lamina-associated protein, are posttranslationally modified by a metabolite derived from mevalonate. This modification can be inhibited by treatment with (3-R,S)-3-fluoromevalonate, demonstrating that it is isoprenoid in nature. We have examined the association between isoprenoid metabolism and processing of the lamin A precursor in human and hamster cells. Inhibition of 3-hydroxy-3-methylglutaryl coenzyme A reductase by mevinolin (lovastatin) specifically depletes endogenous isoprenoid pools and inhibits the conversion of prelamin A to lamin A. Prelamin A processing is also blocked by mevalonate starvation of Mev-1, a CHO cell line auxotrophic for mevalonate. Moreover, inhibition of prelamin A processing by mevinolin treatment is rapidly reversed by the addition of exogenous mevalonate. Processing of prelamin A is, therefore, dependent on isoprenoid metabolism. Analysis of the conversion of prelamin A to lamin A by two independent methods, immunoprecipitation and two-dimensional nonequilibrium pH gel electrophoresis, demonstrates that a precursor-product relationship exists between prelamin A and lamin A. Analysis of R,S-[5-3H(N)]mevalonate-labeled cells shows that the rate of turnover of the isoprenoid group from prelamin A is comparable to the rate of conversion of prelamin A to lamin A. These results suggest that during the proteolytic maturation of prelamin A, the isoprenylated moiety is lost. A significant difference between prelamin A processing, and that of p21ras and the B-type lamins that undergo isoprenylation-dependent proteolytic maturation, is that the mature form of lamin A is no longer isoprenylated

  3. Performing the processing required for automatically get a PDF/A version of the CERN Library documentation

    CERN Document Server

    Molina Garcia-Retamero, Antonio

    2015-01-01

    The aim of the project was to perform the processing required for automatically get a PDF/A version of the CERN Library documentation. For this, it is necessary to extract as much metadata as possible from the sources files, inject the required data into the original source files creating new ones ready for being compiled with all related dependencies. Besides, I’ve proposed the creation of a HTML version consistent with the PDF and navigable for easy access, I’ve been trying to perform some Natural Language Processing for extracting metadata, I’ve proposed the injection of the cern library documentation into the HTML version of the long writeups where it is referenced (for instance, when a CERN Library function is referenced in a sample code) Finally, I’ve designed and implemented a Graphical User Interface in order to simplify the process for the user.

  4. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

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

  5. [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.

  6. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

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

  7. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

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

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  9. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    OpenAIRE

    Altynbekkyzy Alua; Bekezhanov Dauren Nurzhanovich

    2017-01-01

    The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And f...

  10. Implications of safety requirements for the treatment of THMC processes in geological disposal systems for radioactive waste

    Directory of Open Access Journals (Sweden)

    Frédéric Bernier

    2017-06-01

    Full Text Available The mission of nuclear safety authorities in national radioactive waste disposal programmes is to ensure that people and the environment are protected against the hazards of ionising radiations emitted by the waste. It implies the establishment of safety requirements and the oversight of the activities of the waste management organisation in charge of implementing the programme. In Belgium, the safety requirements for geological disposal rest on the following principles: defence-in-depth, demonstrability and the radiation protection principles elaborated by the International Commission on Radiological Protection (ICRP. Applying these principles requires notably an appropriate identification and characterisation of the processes upon which the safety functions fulfilled by the disposal system rely and of the processes that may affect the system performance. Therefore, research and development (R&D on safety-relevant thermo-hydro-mechanical-chemical (THMC issues is important to build confidence in the safety assessment. This paper points out the key THMC processes that might influence radionuclide transport in a disposal system and its surrounding environment, considering the dynamic nature of these processes. Their nature and significance are expected to change according to prevailing internal and external conditions, which evolve from the repository construction phase to the whole heating–cooling cycle of decaying waste after closure. As these processes have a potential impact on safety, it is essential to identify and to understand them properly when developing a disposal concept to ensure compliance with relevant safety requirements. In particular, the investigation of THMC processes is needed to manage uncertainties. This includes the identification and characterisation of uncertainties as well as for the understanding of their safety-relevance. R&D may also be necessary to reduce uncertainties of which the magnitude does not allow

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

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

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

  12. EUROPEAN INTEGRATION: A MULTILEVEL PROCESS THAT REQUIRES A MULTILEVEL STATISTICAL ANALYSIS

    Directory of Open Access Journals (Sweden)

    Roxana-Otilia-Sonia HRITCU

    2015-11-01

    Full Text Available A process of market regulation and a system of multi-level governance and several supranational, national and subnational levels of decision making, European integration subscribes to being a multilevel phenomenon. The individual characteristics of citizens, as well as the environment where the integration process takes place, are important. To understand the European integration and its consequences it is important to develop and test multi-level theories that consider individual-level characteristics, as well as the overall context where individuals act and express their characteristics. A central argument of this paper is that support for European integration is influenced by factors operating at different levels. We review and present theories and related research on the use of multilevel analysis in the European area. This paper draws insights on various aspects and consequences of the European integration to take stock of what we know about how and why to use multilevel modeling.

  13. Decision-tree approach to evaluating inactive uranium-processing sites for liner requirements

    International Nuclear Information System (INIS)

    Relyea, J.F.

    1983-03-01

    Recently, concern has been expressed about potential toxic effects of both radon emission and release of toxic elements in leachate from inactive uranium mill tailings piles. Remedial action may be required to meet disposal standards set by the states and the US Environmental Protection Agency (EPA). In some cases, a possible disposal option is the exhumation and reburial (either on site or at a new location) of tailings and reliance on engineered barriers to satisfy the objectives established for remedial actions. Liners under disposal pits are the major engineered barrier for preventing contaminant release to ground and surface water. The purpose of this report is to provide a logical sequence of action, in the form of a decision tree, which could be followed to show whether a selected tailings disposal design meets the objectives for subsurface contaminant release without a liner. This information can be used to determine the need and type of liner for sites exhibiting a potential groundwater problem. The decision tree is based on the capability of hydrologic and mass transport models to predict the movement of water and contaminants with time. The types of modeling capabilities and data needed for those models are described, and the steps required to predict water and contaminant movement are discussed. A demonstration of the decision tree procedure is given to aid the reader in evaluating the need for the adequacy of a liner

  14. Determination of isotopic purity in heavy water to suit process requirement (Preprint No. CA-15)

    International Nuclear Information System (INIS)

    Kanthiah, W.S.A.; Srinivasan, K.; Usuf Ali, M.C.M.

    1989-04-01

    In hydrogen/ammonia based heavy water plants, a simple specific gravity determination of heavy water without any purification or thermostating has proved to be simple and easy. The accuracy is found to be well within ± 0.5% in the isotopic purity (I.P) range of 30 to 90% W/W. There are three main methods that can be adopted for determination of I.P in this range: (1)refractometry, (2) infrared spectrophotometry, and (3) pycnometry. Refractrometry requires thermostating and the practical accuracy attainable is ± 1.5% W/W. Infrared spectrophotometer has a reported accuracy/ precision of ± 0.4%. Pycnometric analysis is simple and requires much less expertise and most suited for plant analyses. An accuracy better than ± 0.5% is attained without giving any correction for buoyancy, weighing to accuracy ± 0.1 mg, measuring temperature ± 0.2degC and sample having pH upto 3. (author). 8 annexures

  15. 40 CFR 63.118 - Process vent provisions-periodic reporting and recordkeeping requirements.

    Science.gov (United States)

    2010-07-01

    ... device or other means to achieve and maintain a TRE index value greater than 1.0 but less than 4.0 as... subpart and who elects to demonstrate compliance with the TRE index value greater than 4.0 under § 63.113... § 63.115(e) of this subpart, is made that causes a Group 2 process vent with a TRE greater than 4.0 to...

  16. Reprocessing and disposal of used lubricating and process materials. requirements, problems, and solution methods

    Energy Technology Data Exchange (ETDEWEB)

    Matzke, U D

    1978-02-01

    A discussion covers West German laws concerning used oil disposal and re-refining (316,000 tons were reprocessed in 1976); disposal of sulfuric acid resins or tar and fuller's earth containing mineral oils by solidification (with added lime, alkali ash, clay, etc.) or pyrolysis; disposal of rolling mill scale and sludge containing oil and grease by rolling with a solid carbonaceous material and processing to high-grade sponge iron; and the breaking of oil-water emulsions.

  17. On data processing required to derive mobility patterns from passively-generated mobile phone data

    Science.gov (United States)

    Wang, Feilong; Chen, Cynthia

    2018-01-01

    Passively-generated mobile phone data is emerging as a potential data source for transportation research and applications. Despite the large amount of studies based on the mobile phone data, only a few have reported the properties of such data, and documented how they have processed the data. In this paper, we describe two types of common mobile phone data: Call Details Record (CDR) data and sightings data, and propose a data processing framework and the associated algorithms to address two key issues associated with the sightings data: locational uncertainty and oscillation. We show the effectiveness of our proposed methods in addressing these two issues compared to the state of art algorithms in the field. We also demonstrate that without proper processing applied to the data, the statistical regularity of human mobility patterns—a key, significant trait identified for human mobility—is over-estimated. We hope this study will stimulate more studies in examining the properties of such data and developing methods to address them. Though not as glamorous as those directly deriving insights on mobility patterns (such as statistical regularity), understanding properties of such data and developing methods to address them is a fundamental research topic on which important insights are derived on mobility patterns. PMID:29398790

  18. Development of high temperature containerless processing equipment and the design and evaluation of associated systems required for microgravity materials processing and property measurements

    Science.gov (United States)

    Rey, Charles A.

    1991-03-01

    The development of high temperature containerless processing equipment and the design and evaluation of associated systems required for microgravity materials processing and property measurements are discussed. Efforts were directed towards the following task areas: design and development of a High Temperature Acoustic Levitator (HAL) for containerless processing and property measurements at high temperatures; testing of the HAL module to establish this technology for use as a positioning device for microgravity uses; construction and evaluation of a brassboard hot wall Acoustic Levitation Furnace; construction and evaluation of a noncontact temperature measurement (NCTM) system based on AGEMA thermal imaging camera; construction of a prototype Division of Amplitude Polarimetric Pyrometer for NCTM of levitated specimens; evaluation of and recommendations for techniques to control contamination in containerless materials processing chambers; and evaluation of techniques for heating specimens to high temperatures for containerless materials experimentation.

  19. Development of high temperature containerless processing equipment and the design and evaluation of associated systems required for microgravity materials processing and property measurements

    Science.gov (United States)

    Rey, Charles A.

    1991-01-01

    The development of high temperature containerless processing equipment and the design and evaluation of associated systems required for microgravity materials processing and property measurements are discussed. Efforts were directed towards the following task areas: design and development of a High Temperature Acoustic Levitator (HAL) for containerless processing and property measurements at high temperatures; testing of the HAL module to establish this technology for use as a positioning device for microgravity uses; construction and evaluation of a brassboard hot wall Acoustic Levitation Furnace; construction and evaluation of a noncontact temperature measurement (NCTM) system based on AGEMA thermal imaging camera; construction of a prototype Division of Amplitude Polarimetric Pyrometer for NCTM of levitated specimens; evaluation of and recommendations for techniques to control contamination in containerless materials processing chambers; and evaluation of techniques for heating specimens to high temperatures for containerless materials experimentation.

  20. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.