WorldWideScience

Sample records for legal process testimony

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

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

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

  2. Eyewitness testimony: tracing the beliefs of Swedish legal professionals.

    Science.gov (United States)

    Granhag, Pär Anders; Strömwall, Leif A; Hartwig, Maria

    2005-01-01

    This paper examines beliefs held by Swedish legal professionals about eyewitness testimony. In a survey including questions about 13 key issues of eyewitness testimony, three groups were investigated: police officers (n = 104), prosecutors (n = 158), and judges (n = 251). The response rate was 74%. Examples of findings are that the beliefs were in line with scientific findings concerning the weapon focus effect, but were not in line for simultaneous vs. sequential lineups. Between-group differences were found for seven items. Judges were much more sceptical than police officers about the reliability and completeness of children's testimonies. The groups seldom agreed about one answer alternative, and they reported not being up to date about scientific research on eyewitness testimony. The results suggest that some important research findings have reached those working on the field. However, they hold many wrongful beliefs about eyewitness testimony, beliefs that might compromise the accuracy of legal decisions. Copyright (c) 2005 John Wiley & Sons, Ltd.

  3. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

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

  4. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

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

  5. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.

    Directory of Open Access Journals (Sweden)

    Lina Jiang

    Full Text Available To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China.A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience.Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time among prosecutors.The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.

  6. Legal Professionals' Knowledge of Eyewitness Testimony in China: A Cross-Sectional Survey.

    Science.gov (United States)

    Jiang, Lina; Luo, Dahua

    2016-01-01

    To examine legal professionals' knowledge of a wide range of factors that affect eyewitness accuracy in China. A total of 812 participants, including 210 judges, 244 prosecutors, 202 police officers, and 156 defense attorneys, were asked to respond to 12 statements about eyewitness testimony and 3 basic demographic questions (i.e., gender, age, and prior experience). Although the judges and the defense attorneys had a somewhat higher number of correct responses than the other two groups, all groups showed limited knowledge of eyewitness testimony. In addition, the participants' responses to only four items (i.e., weapon focus, attitude and expectations, child suggestibility, and the impact of stress) were roughly unanimous within the four legal professional groups. Legal professionals' gender showed no significant correlations with their knowledge of eyewitness testimony. Prior experiences were significantly and negatively correlated with the item on the knowledge of forgetting curve among judges but positively correlated with two items (i.e., attitudes and exposure time) among defense attorneys and with 4 statements (i.e., the knowledge of attitudes and expectations, impact of stress, child witness accuracy, and exposure time) among prosecutors. The findings suggest that knowledge of the factors that influence eyewitness accuracy must be more effectively communicated to legal professionals in the future.

  7. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  8. The effects of rational and experiential information processing of expert testimony in death penalty cases.

    Science.gov (United States)

    Krauss, Daniel A; Lieberman, Joel D; Olson, Jodi

    2004-01-01

    Past research examining the effects of actuarial and clinical expert testimony on defendants' dangerousness in Texas death penalty sentencing has found that jurors are more influenced by less scientific pure clinical expert testimony and less influenced by more scientific actuarial expert testimony (Krauss & Lee, 2003; Krauss & Sales, 2001). By applying cognitive-experiential self-theory (CEST) to juror decision-making, the present study was undertaken in an attempt to offer a theoretical rationale for these findings. Based on past CEST research, 163 mock jurors were either directed into a rational mode or experiential mode of processing. Consistent with CEST and inconsistent with previous research using the same stimulus materials, results demonstrate that jurors in a rational mode of processing more heavily weighted actuarial expert testimony in their dangerousness assessments, while those jurors in the experiential condition were more influenced by clinical expert testimony. The policy implications of these findings are discussed. Copyright 2004 John Wiley & Sons, Ltd.

  9. 45 CFR 615.5 - Legal proceedings between private litigants: Testimony and production of documents.

    Science.gov (United States)

    2010-10-01

    ... her discretion, may grant an employee permission to testify or produce official records and information in response to a demand or request. In making this decision, the General Counsel shall consider... proceedings between private litigants: Testimony and production of documents. (a) No employee may produce...

  10. 39 CFR 265.12 - Demands for testimony or records in certain legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... section does not create any right or benefit, substantive or procedural, enforceable by any person against... District Manager, Customer Services and Sales, for all current employees whose work location is within the... employee whose testimony is requested and the appropriate District Manager, Customer Services and Sales, at...

  11. The influence of expert testimony on legal decisions regarding the civil liability of doctors

    Directory of Open Access Journals (Sweden)

    KALLAS FILHO, Elias

    2015-06-01

    Full Text Available Nosocomial infection is notoriously one of the primary problems faced by healthcare insti-tutions and by professionals who work for them. This fact is demonstrated by the growing number of legal actions proposed in the legal system by patients and users of the health care system. Because of this scenario, the phenomenon of civil liability has arisen in cases of noso-comial infection. The legal implications of this phenomenon are varied and involve issues of the institutional environment and of professional conduct. Thus, the current study seeks to analyze the literature on the decisions taken by Brazilian courts regarding civil liability in cases of nosocomial infection. Conceptual aspects that define this healthcare problem are listed, as are the types of civil liability, the legal directives that guide conduct regarding this topic, and the decisions of Brazilian courts that consider civil liability in these cases. It was determined that the courts have been supported by the distinction between objective civil liability and subjective civil liability; additionally, it was determined that these courts are guided by the understanding of the existing service relationship between the institution or health care professional and the patient or user of the health care system.

  12. Knowledge matters: how children evaluate the reliability of testimony as a process of rational inference.

    Science.gov (United States)

    Sobel, David M; Kushnir, Tamar

    2013-10-01

    Children's causal learning has been characterized as a rational process, in which children appropriately evaluate evidence from their observations and actions in light of their existing conceptual knowledge. We propose a similar framework for children's selective social learning, concentrating on information learned from others' testimony. We examine how children use their existing conceptual knowledge of the physical and social world to determine the reliability of testimony. We describe existing studies that offer both direct and indirect support for selective trust as rational inference and discuss how this framework may resolve some of the conflicting evidence surrounding cases of indiscriminate trust. Importantly, this framework emphasizes that children are active in selecting evidence (both social and experiential), rather than being passive recipients of knowledge, and motivates further studies that more systematically examine the process of learning from social information. PsycINFO Database Record (c) 2013 APA, all rights reserved.

  13. Forensic Memories: After Testimony

    DEFF Research Database (Denmark)

    Bøndergaard, Johanne Helbo

    2014-01-01

    In the introduction to their book After Testimony (2012) Jakob Lothe, Susan Suleiman and James Phelan ask the question whether the disappearance of the last witness will affect the way the public discourse deals with the Holocaust. This article attempts to address that question and suggests a mode...... of writing that might in fact come “after” testimony. In this paper I attempt to describe a mode of writing in contemporary literature on memory and history, which allows later generations to address historical events to which they did not bear witness, challenging the testimonial mode while bearing its...... strategies and strengths in mind - “after” in both senses of the word. The central argument is that just as the legal concept of testimony was introduced into the cultural sphere to describe a particular genre or mode of writing, the legal concept of forensics will serve as a useful term for describing...

  14. Expert medical testimony for your injured patients.

    Science.gov (United States)

    Lang, Gerald J

    2013-10-01

    Many injured patients sustain some type of loss. If someone else is responsible for the injury, the injured patient can pursue compensation for this loss. In the course of treating an injured patient, you may be asked to participate in the legal process to resolve such claims. The basic components of a personal injury claim are reviewed. An overview of the legal process will help clarify your role in the legal process. Enhanced understanding will allow you to provide important medical testimony for your injured patient.

  15. 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 person using this part shall serve interrogatories and legal process on the agent to receive process as...

  16. 43 CFR 2.87 - How will the Department process my Touhy Request?

    Science.gov (United States)

    2010-10-01

    ... TESTIMONY; FREEDOM OF INFORMATION ACT Legal Process: Testimony by Employees and Production of Records Responsibility of the Department § 2.87 How will the Department process my Touhy Request? (a) The appropriate...

  17. 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.

  18. Analysis of the origin and importance of acetone and isopropanol levels in the blood of the deceased for medico-legal testimony.

    Science.gov (United States)

    Borowska-Solonynko, A; Siwińska-Ziółkowska, A; Piotrkowicz, M; Wysmołek, M; Demkow, M

    2014-01-01

    The aim of the study was to analyze the incidence of acetone and isopropanol in the blood of the deceased, and to assess cases in which the compounds have been detected with a focus on their origin and usefulness for medico-legal testimony. The study material consisted of results of tests detecting ethyl alcohol and reports of autopsies performed at the Department of Forensic Medicine, Medical University of Warsaw, from January 2008 to April 2009 - a total of 2,475 cases. The test group proper (group B) comprised only those cases in which acetone was detected in blood, either with or without isopropanol [n = 202 (8.2%)]. The blood levels of isopropanol varied depending on the cause of death. The need for differentiating the origin of isopropanol in the case of its presence in the blood of the deceased was pointed out. The results of the present study show that the differentiation should be based on the isopropanol and acetone concentration ratio, as isopropanol concentration alone is not sufficient for preparing expert opinions. Even high concentrations of isopropanol, when accompanied by even higher concentrations of acetone, imply that isopropanol could have been formed as a result of acetone transformations. Isopropanol concentrations exceeding acetone levels strongly point to the exogenous origin of isopropanol, particularly when high levels of ethanol are concurrently detected.

  19. Personal Data Processing for Behavioural Targeting: Which Legal Basis?

    NARCIS (Netherlands)

    Zuiderveen Borgesius, F.J.

    2015-01-01

    Key Points •The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing. •This paper argues that, in most circumstances, the only available legal basis for the processing of personal data for behavioural targeting is

  20. 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.

  1. Optimizing the Presentation of Mental Health Information in Social Media: The Effects of Health Testimonials and Platform on Source Perceptions, Message Processing, and Health Outcomes.

    Science.gov (United States)

    Quintero Johnson, Jessie M; Yilmaz, Gamze; Najarian, Kristy

    2017-09-01

    Using social media for the purpose of disseminating mental health information is a critical area of scientific inquiry for health communication professionals. The purpose of this study was to investigate whether the presence of a first-person testimonial in educational mental health information placed in Facebook and Twitter messages influenced college students' (N = 257) source perceptions, information processing, cognitive elaboration, health information recall, beliefs, and behavioral intentions. Results show that exposure to social media messages that featured mental health information embedded with a testimonial predicted less source homophily and more critical thoughts about the social media source, less systematic message processing, and less cognitive elaboration. Health information recall was significantly impacted by both the social media platform and message content such that participants in the testimonial condition on Facebook were more likely to recall the health facts in those messages whereas participants who viewed the testimonial in Twitter were less likely to recall the facts in those tweets. Compared to those who read Facebook messages, participants who read Twitter messages reported higher levels of systematic message processing. These findings suggest that the integration of health testimonials into social media messages might inadvertently provoke psychological resistance to mental health information, thereby reducing the persuasive impact of those messages.

  2. 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.

  3. 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

  4. Testimonies to the L'Aquila earthquake (2009) and to the L'Aquila process

    Science.gov (United States)

    Kalenda, Pavel; Nemec, Vaclav

    2014-05-01

    Lot of confusions, misinformation, false solidarity, efforts to misuse geoethics and other unethical activities in favour of the top Italian seismologists responsible for a bad and superficial evaluation of the situation 6 days prior to the earthquake - that is a general characteristics for the whole period of 5 years separating us from the horrible morning of April 6, 2009 in L'Aquila with 309 human victims. The first author of this presentation as a seismologist had unusual opportunity to visit the unfortunate city in April 2009. He got all "first-hand" information that a real scientifically based prediction did exist already for some shocks in the area on March 29 and 30, 2009. The author of the prediction Gianpaolo Giuliani was obliged to stop any public information diffused by means of internet. A new prediction was known to him on March 31 - in the day when the "Commission of Great Risks" offered a public assurance that any immediate earthquake can be practically excluded. In reality the members of the commission completely ignored such a prediction declaring it as a false alarm of "somebody" (even without using the name of Giuliani). The observations by Giuliani were of high quality from the scientific point of view. G. Giuliani predicted L'Aquila earthquake in the professional way - for the first time during many years of observations. The anomalies, which preceded L'Aquila earthquake were detected on many places in Europe in the same time. The question is, what locality would be signed as potential focal area, if G. Giuliani would know the other observations in Europe. The deformation (and other) anomalies are observable before almost all of global M8 earthquakes. Earthquakes are preceded by deformation and are predictable. The testimony of the second author is based on many unfortunate personal experiences with representatives of the INGV Rome and their supporters from India and even Australia. In July 2010, prosecutor Fabio Picuti charged the Commission

  5. 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.

  6. 37 CFR 104.22 - Demand for testimony or production of documents.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Demand for testimony or... Documents in Legal Proceedings § 104.22 Demand for testimony or production of documents. (a) Whenever a demand for testimony or for the production of documents is made upon an employee, the employee shall...

  7. Testimonial a influencer marketing

    OpenAIRE

    Kúdelková, Andrea

    2017-01-01

    The topic of the diploma thesis is testimonial and influencer marketing. The aim of this work is to find out whether influencer increases the likelihood of purchasing a healthy nutritional product for Slovak women aged 20-40 years, and also whether Peter Sagana as a testimonial enhances brand credibility. The theoretical part deals with general communication and presentation of testimonial and marketing influence, their categories and examples. The practical part of the thesis is set into the...

  8. Unstabling in the legal Environment and Decision-Making process

    Directory of Open Access Journals (Sweden)

    Mostafa Jafari

    2017-03-01

    Full Text Available The aim of this study was to determine the impact of change dimensions in the legal environment on the quality of each stage of the decision-making process of the senior managers of public institutions. The interest population of this study included all general managers, directors, administrative, financial and support assistants, financial controllers and managers and other executive directors and deputies of Zanjan province that were studied by census method. The data collection toll was a researcher-made questionnaire that its reliability and validity were confirmed (Cronbach's alpha coefficient: 0.87. Data analysis was performed using descriptive statistics and inferential statistics techniques (Chi-square test and Friedman test by SPSS software. The results show that the dimensions of changes in the legal environment factors affect on the two first and third stages of the decision making process of managers (stages of data collection, decision-making and its implementation. However, it has no effect of the data and information analysis stage.

  9. Testimonial therapy. A pilot project to improve psychological wellbeing among survivors of torture in India.

    Science.gov (United States)

    Agger, Inger; Raghuvanshi, Lenin; Shabana, Shirin; Polatin, Peter; Laursen, Laila K

    2009-01-01

    "turning point" in the healing process. Seemingly, the ceremonial element represented the social recognition needed and that it re-connected the survivors with their community and ensured that their private truth becomes part of social memory. Although this small pilot study without control groups or prior validation of the questionnaire does not provide high-ranking quantitative evidence or statistically significant results for the effectiveness of our version of the testimonial method, we do find it likely that it helps improve the well being in survivors of torture in this particular context. However, a more extensive study is needed to verify these results, and better measures of ICF activities and participation (A&P) functions should be used. Interviews with human rights activists reveal that it is easier for survivors who have gone through testimonial therapy to give coherent legal testimony.

  10. Confessions and expert testimony.

    Science.gov (United States)

    Weiss, Kenneth J

    2003-01-01

    In this clinical paper, the author discusses criminal confessions from the point of view of the expert witness who may be asked to comment on the reliability of the statement and waiver of rights. From the time a suspect is in police custody, constitutional protections against self-incrimination and for due process are in place. The Supreme Court set the standard for these situations in the 1966 Miranda v. Arizona decision. Although it has long been criticized by law enforcement, the decision was upheld in the 2000 decision in Dickerson v. U.S. For a waiver of rights to be valid, it must be a knowing, intelligent, and voluntary decision. Voluntariness is an equation of objective and subjective variables. Treatment by police, physical conditions of interrogation, the suspect's experience and mental state can alter the reliability of a confession. Accordingly, the author has devised a mnemonic for the recognition of conditions that may give rise to expert testimony. The conditions are: Mental illness, Intoxication, Retardation, Acquiescence, Narcotic withdrawal, Deception, and Abuse. These are discussed, supported by examples from the author's practice.

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

    Directory of Open Access Journals (Sweden)

    Adela-Elena, DUMITRESCU

    2014-11-01

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

  12. 24 CFR 15.205 - Method of production of material or provision of testimony.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Method of production of material or... AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings Among Private Litigants § 15.205 Method of production...

  13. 24 CFR 15.305 - Method of production of material or provision of testimony.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Method of production of material or... AND TESTIMONY AND PRODUCTION OF INFORMATION BY HUD EMPLOYEES Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings in Which the United States Is a Party § 15.305 Method...

  14. Expert psychological testimony on eyewitness reliability before and after Daubert: the state of the law and the science.

    Science.gov (United States)

    Penrod, S D; Fulero, S M; Cutler, B L

    1995-01-01

    This article examines the legal and scientific issues inherent in the use of expert psychological testimony on the factors that affect eyewitness reliability. First, the history of the use of such expert testimony is traced. Next, we look at the criteria that state and federal courts have used in determining whether to admit such testimony, as well as the grounds upon which the testimony has been excluded. We then examine the Daubert decision and discuss its implications for the use of expert eyewitness testimony. We conclude by reviewing eyewitness research and research on jury decision-making that is likely to assume new importance in the post-Daubert era.

  15. 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)

  16. 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...

  17. Testimony, Documentary, Fiction

    DEFF Research Database (Denmark)

    Hansen, Hans Lauge

    2017-01-01

    discourses and media from the feminist movement in the 1980s and until today, through which oral testimony and the losing part of the population’s “forgotten” memories are turned into docu-fiction and fictionalised documentary with the purpose of reading history against the grain and presenting memory...... to the memory of the Civil War and Francoist repression: the detective plot, the divided plotline between present and past, and metafictional reflections. But what role did it actually play in the development of the case of the stolen children? This paper studies the relation between different social discourses...

  18. DSM-5: Challenging diagnostic testimony.

    Science.gov (United States)

    Hagan, Leigh D; Guilmette, Thomas J

    2015-01-01

    The Diagnostic and Statistical Manual of Mental Disorders' (DSM) 60-year evolution has not been particularly linear nor cumulative with respect to the process of its construction, its stated purpose, its framework, and inclusion of specific disorders. We consider DSM-5's stated purpose in light of the manual's explicit cautions and other complications encountered when presenting diagnoses in the course of psychological expert testimony under the applicable rules of evidence. This review considers the extent to which DSM-5 bears up under numerous criticisms when employed for forensic purposes and points out challenges that the expert should anticipate when offering diagnostic opinions underpinned by DSM-5 generally and by neurocognitive disorders in particular. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. 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

  20. Functional magnetic resonance imaging (FMRI) and expert testimony.

    Science.gov (United States)

    Kulich, Ronald; Maciewicz, Raymond; Scrivani, Steven J

    2009-03-01

    Medical experts frequently use imaging studies to illustrate points in their court testimony. This article reviews how these studies impact the credibility of expert testimony with judges and juries. The apparent "objective" evidence provided by such imaging studies can lend strong credence to a judge's or jury's appraisal of medical expert's testimony. However, as the court usually has no specialized scientific expertise, the use of complex images as part of courtroom testimony also has the potential to mislead or at least inappropriately bias the weight given to expert evidence. Recent advances in brain imaging may profoundly impact forensic expert testimony. Functional magnetic resonance imaging and other physiologic imaging techniques currently allow visualization of the activation pattern of brain regions associated with a wide variety of cognitive and behavioral tasks, and more recently, pain. While functional imaging technology has a valuable role in brain research and clinical investigation, it is important to emphasize that the use of imaging studies in forensic matters requires a careful scientific foundation and a rigorous legal assessment.

  1. 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.

  2. 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.

  3. Planetary protection, legal ambiguity and the decision making process for Mars sample return

    Science.gov (United States)

    Race, M. S.

    As scientists and mission planners develop planetary protection requirements for future Mars sample return missions, they must recognize the socio-political context in which decisions about the mission will be made and pay careful attention to public concerns about potential back contamination of Earth. To the extent that planetary protection questions are unresolved or unaddressed at the time of an actual mission, they offer convenient footholds for public challenges in both legal and decision making realms, over which NASA will have little direct control. In this paper, two particular non-scientific areas of special concern are discussed in detail: 1) legal issues and 2) the decision making process. Understanding these areas is critical for addressing legitimate public concerns as well as for fulfilling procedural requirements regardless whether sample return evokes public controversy. Legal issues with the potential to complicate future missions include: procedural review under NEPA; uncertainty about institutional control and authority; conflicting regulations and overlapping jurisdictions; questions about international treaty obligations and large scale impacts; uncertainties about the nature of the organism; and constitutional and regulatory concerns about quarantine, public health and safety. In light of these important legal issues, it is critical that NASA consider the role and timing of public involvement in the decision making process as a way of anticipating problem areas and preparing for legitimate public questions and challenges to sample return missions.

  4. 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

  5. Early testimonial learning: monitoring speech acts and speakers.

    Science.gov (United States)

    Stephens, Elizabeth; Suarez, Sarah; Koenig, Melissa

    2015-01-01

    Testimony provides children with a rich source of knowledge about the world and the people in it. However, testimony is not guaranteed to be veridical, and speakers vary greatly in both knowledge and intent. In this chapter, we argue that children encounter two primary types of conflicts when learning from speakers: conflicts of knowledge and conflicts of interest. We review recent research on children's selective trust in testimony and propose two distinct mechanisms supporting early epistemic vigilance in response to the conflicts associated with speakers. The first section of the chapter focuses on the mechanism of coherence checking, which occurs during the process of message comprehension and facilitates children's comparison of information communicated through testimony to their prior knowledge, alerting them to inaccurate, inconsistent, irrational, and implausible messages. The second section focuses on source-monitoring processes. When children lack relevant prior knowledge with which to evaluate testimonial messages, they monitor speakers themselves for evidence of competence and morality, attending to cues such as confidence, consensus, access to information, prosocial and antisocial behavior, and group membership. © 2015 Elsevier Inc. All rights reserved.

  6. 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

  7. 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.

  8. Stakeholders Analysis of Policy-Making Process: The Case of Timber Legality Policy on Private Forest

    Directory of Open Access Journals (Sweden)

    Mulyaningrum Mulyaningrum

    2013-08-01

    Full Text Available The objective of the study is to identify and measure the relationships among stakeholders that influence the process of policy-making in defining legality of timber from private forests. The study focuses on the policy-making process of the Ministry of Forestry Regulation P.38/Menhut-II/2009 on Standard and Guidelines for Assessment of Sustainable Forest Management Performance and Timber Legality Verification of Concessionaire or of the Private Forest License Holder as the subject that has been implemented in several private forest management units as follow: Giri Mukti Wana Tirta in Lampung, Koperasi Serba Usaha APIK in Bali, Koperasi Hutan Jaya Lestari in South East Sulawesi, and Koperasi Wana Lestari Menoreh Kulonprogo in Yogyakarta. This research used a qualitative approach and the analysis method used in this research is a modified-stakeholder analysis that developed by ODA (1995, Reitbergen et al. (1998, and Mayer (2005. The stakeholder analysis shows that the interests and influences do not consider private forest farmers as primary stakeholder during  the process of policy formulation.  The strong national and international interests, supported by high authority could not be influnced by the role of the NGOs and academicians. The imbalance of responsibilities, rights, and revenues that was experienced by  farmers as the manager of private forest when started implementing the policy was more as burdens, it means implementation of the policy was more as burdens. Strong relationships between the Ministry of Forestry with the state as a core could not empower the relationship with private forest farmers. As result, policy assumptions cannot be implemented properly.Keywords: policy making process, timber legality, private forest, stakeholder.DOI: 10.7226/jtfm.19.2.156

  9. Aesthetic Experience, Mimesis and Testimony

    Directory of Open Access Journals (Sweden)

    Roger W. H. Savage

    2012-06-01

    Full Text Available In this article, I relate the demand that Paul Ricoeur suggests mimesis places on the way we think about truth to the idea that the work of art is a model for thinking about testimony. By attributing a work’s epoché of reality to the work of imagination, I resolve the impasse that arises from attributing music, literature, and art’s distance from the real to their social emancipation. Examining the conjunction, in aesthetic experience, of the communicability and the exemplarity of a work reveals how Ricoeur’s definition of mimesis as refiguration relates to the “rule” that the work summons. This “rule” constitutes the solution to a problem or question for which the work is the answer. In conclusion, as a model for thinking about testimony, the claims that works make have a counterpart in the injunctions that issue from exemplary moral and political acts. 

  10. Aphasia in sudden conversion testimonies

    Directory of Open Access Journals (Sweden)

    José María Contreras Espuny

    2017-07-01

    Full Text Available By means of the comparative philological and phenomenological studies of the autobiographical testimonies of Paul Claudel, Manuel García Morente and André Frossard, we inquire into aphasia, an incapacity to talk compared with theophany and the difficulty, when the time comes, to communicate this in a testimonial setting. By comparing this to the mystic tradition, we explore the taxonomy of the ineffable fact in the corpus, as well as the linguistic and narrative possibilities. The aim is to analyse the features and implications of the language when it has to communicate the inexpressible, in this case, one-time appearance of the deity, considering the mystic implications involved.

  11. 22 CFR 172.9 - Prohibition on providing expert or opinion testimony.

    Science.gov (United States)

    2010-04-01

    ... party represented by the Department of Justice. (b) Upon a showing by the requestor of exceptional need... testimony. 172.9 Section 172.9 Foreign Relations DEPARTMENT OF STATE ACCESS TO INFORMATION SERVICE OF... CFR 2635.805, in their discretion and with the concurrence of the Office of the Legal Adviser, grant...

  12. Eyewitness Testimony and Perceived Credibility of Youth with Mild Intellectual Disability

    Science.gov (United States)

    Peled, M.; Iarocci, G.; Connolly, D. A.

    2004-01-01

    Background Individuals with intellectual disability (ID) are more vulnerable to abuse compared to individuals without disabilities yet have limited access to the legal system. This study examined perceived credibility of youth with mild intellectual disability (MID) who provide courtroom testimony. Method Participants, 187 undergraduates, were…

  13. 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...

  14. 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.

  15. Constitutional rights and hypnotically elicited testimony.

    Science.gov (United States)

    Newman, A W; Thompson, J W

    1999-01-01

    Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized a constitutional basis to exclude hypnotically elicited testimony in most other circumstances.

  16. Testimony ceremonies in Asia: Integrating spirituality in testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines

    Science.gov (United States)

    Agger, Inger; Igreja, Victor; Kiehle, Rachel; Polatin, Peter

    2012-01-01

    This study explores the therapeutic implications of including culturally adapted spiritual ceremonies in the process of testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines. Data were collected through an action research process with Asian mental health and human rights organizations, during which the testimonial method was reconceptualized and modified to include four sessions. In the first two sessions, community workers assist survivors in the writing of their testimony, which is their narrative about the human rights violations they have suffered. In the third session, survivors participate in an honour ceremony in which they are presented with their testimony documents. In the fourth session, the community workers meet with the survivors for a reevaluation of their well-being. The honour ceremonies developed during the action research process came to employ different kinds of symbolic language at each site: human rights (India), religious/Catholic (Sri Lanka), religious/Buddhist (Cambodia), and religious/Moslem (Philippines). They all used embodied spirituality in various forms, incorporating singing, dancing, and religious purification rituals in a collective gathering. We suggest that these types of ceremonies may facilitate an individual’s capacity to contain and integrate traumatic memories, promote restorative self-awareness, and engage community support. Additional research is needed to determine the method’s applicability in other sociopolitical contexts governed by more Western-oriented medical traditions. PMID:22637721

  17. Testimony ceremonies in Asia: integrating spirituality in testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines.

    Science.gov (United States)

    Agger, Inger; Igreja, Victor; Kiehle, Rachel; Polatin, Peter

    2012-07-01

    This study explores the therapeutic implications of including culturally adapted spiritual ceremonies in the process of testimonial therapy for torture survivors in India, Sri Lanka, Cambodia, and the Philippines. Data were collected through an action research process with Asian mental health and human rights organizations, during which the testimonial method was reconceptualized and modified to include four sessions. In the first two sessions, community workers assist survivors in the writing of their testimony, which is their narrative about the human rights violations they have suffered. In the third session, survivors participate in an honour ceremony in which they are presented with their testimony documents. In the fourth session, the community workers meet with the survivors for a reevaluation of their well-being. The honour ceremonies developed during the action research process came to employ different kinds of symbolic language at each site: human rights (India), religious/Catholic (Sri Lanka), religious/Buddhist (Cambodia), and religious/Moslem (Philippines). They all used embodied spirituality in various forms, incorporating singing, dancing, and religious purification rituals in a collective gathering. We suggest that these types of ceremonies may facilitate an individual's capacity to contain and integrate traumatic memories, promote restorative self-awareness, and engage community support. Additional research is needed to determine the method's applicability in other sociopolitical contexts governed by more Western-oriented medical traditions.

  18. 5 CFR 581.306 - Lack of moneys due from, or payable by, a governmental entity served with legal process.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Lack of moneys due from, or payable by, a governmental entity served with legal process. 581.306 Section 581.306 Administrative Personnel OFFICE OF... ALIMONY Compliance With Process § 581.306 Lack of moneys due from, or payable by, a governmental entity...

  19. Guidelines for the ethical use of neuroimages in medical testimony: report of a multidisciplinary consensus conference.

    Science.gov (United States)

    Meltzer, C C; Sze, G; Rommelfanger, K S; Kinlaw, K; Banja, J D; Wolpe, P R

    2014-04-01

    With rapid advances in neuroimaging technology, there is growing concern over potential misuse of neuroradiologic imaging data in legal matters. On December 7 and 8, 2012, a multidisciplinary consensus conference, Use and Abuse of Neuroimaging in the Courtroom, was held at Emory University in Atlanta, Georgia. Through this interactive forum, a highly select group of experts-including neuroradiologists, neurologists, forensic psychiatrists, neuropsychologists, neuroscientists, legal scholars, imaging statisticians, judges, practicing attorneys, and neuroethicists-discussed the complex issues involved in the use of neuroimaging data entered into legal evidence and for associated expert testimony. The specific contexts of criminal cases, child abuse, and head trauma were especially considered. The purpose of the conference was to inform the development of guidelines on expert testimony for the American Society of Neuroradiology and to provide principles for courts on the ethical use of neuroimaging data as evidence. This report summarizes the conference and resulting recommendations.

  20. 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.

  1. 36 CFR 1251.12 - How does NARA process your demand?

    Science.gov (United States)

    2010-07-01

    ... demand? 1251.12 Section 1251.12 Parks, Forests, and Public Property NATIONAL ARCHIVES AND RECORDS... PRODUCTION OF RECORDS IN LEGAL PROCEEDINGS § 1251.12 How does NARA process your demand? (a) After service of a demand for production of records or for testimony, an appropriate NARA official reviews the demand...

  2. Gender differences in eyewitness testimony.

    Science.gov (United States)

    Butts, S J; Mixon, K D; Mulekar, M S; Bringmann, W G

    1995-02-01

    One of the earliest empirical studies of sex differences in eyewitness behavior was that of William Stern (1903-1904). Stern's research furnished evidence in approbation of the long-held opinion that women's eyewitness testimony was less accurate and less resistant to the influence of misleading information than men's; however, Stern's 2 groups were not comparable in age. Other studies by Bringmann and colleagues in 1986 did not replicate Stern's findings using comparable age groups. The present investigation examined eyewitness behavior using two stimulus presentations of dissimilar content and complexity and tests for significance of gender differences. Subjects were 20 male and 20 female college students. No significant gender differences were found between groups on accuracy of recall or resistance to false information on the short-term memory task.

  3. Change blindness and eyewitness testimony.

    Science.gov (United States)

    Davies, Graham; Hine, Sarah

    2007-07-01

    The authors explored the relevance of research on change blindness to eyewitness identification and testimony under intentional and incidental memory conditions. Participants (N = 80, 40 men and 40 women) viewed a video enactment of a burglary in which the identity of the burglar changed at the halfway point of the film. Half of participants were briefed to remember the content, and the other half were not. All were tested for the recall of the content, awareness of the change, and ability to identify either or both of the burglars. Some 61% of participants did not notice the identity change. Rates of detection were significantly higher in participants in the intentional condition, who also recalled significantly more detail from the film. Awareness of change was also significantly related to content recall scores and accuracy of identification of both burglars. The results illustrate the interrelation between the eyewitness and change blindness literatures.

  4. 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...

  5. 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...

  6. Legal Regulation Of Citizens Of The Russian Federation Participation In The Electoral Process At The Present Stage

    Directory of Open Access Journals (Sweden)

    Dmitriy O. Ezhevskiy

    2015-03-01

    Full Text Available In the present article author analyzes features of the current legislation about elections in the Russian Federation with the latest changes. We consider legal regulation of Russian citizens participation in the electoral process, as well as the role and importance of the state and its agencies as participants in the electoral process. Legitimacy of free and fair elections at all levels requires that they relied on a solid legal basis, created in the democratic rule of law. Ongoing in the Russian Federation reforms of the political and economic systems are designed through the democratization of all aspects of life to connect the interests of the individual and society, in fact, to put people at the center of social development, to provide them decent living conditions, freedom and the opportunity to participate in managing state affairs both directly and through their elected representatives. According to the author, in terms of democratization of state and society an important role is played by the polling relationships, based on the electoral law and the electoral process in the Russian Federation. In conclusion, author underlines that the distinguishing feature of the legal status of election commissions, government agencies, local governments, enterprises, organizations, institutions, media, as well as their officials is that they have the right to participate in the electoral legal relations strictly within their authority and cannot go beyond these powers, no matter what reasons motivated the necessity and expediency of actions that go beyond the law.

  7. DO TESTIMONIES OF TRAUMATIC EVENTS DIFFER DEPENDING ON THE INTERVIEWER?

    Directory of Open Access Journals (Sweden)

    Ulrike Ehlert

    2013-01-01

    Full Text Available While differences in witness narratives due to different interviewers may have implications for their credibility in court, this study considers how investigative interviews by different parties to the proceedings, as well as the gender and nationality of interviewers, can influence the testimony of witnesses in court who share comparable traumatic experiences. The foundation of the analysis was answers given to judges, prosecutors, civil party lawyers and defence lawyers in the Extraordinary Chambers in the Courts of Cambodia (ECCC located in Phnom Penh. Transcribed testimonies of 24 victim witnesses and civil parties which were translated from Khmer into English were analysed using a computer-based text analysis program, the Linguistic Inquiry and Word Count (LIWC. Results showed that when answering questions by females, witnesses used significantly more cognitive process words. When interviewed by international rather than by Cambodian parties to the proceeding witness accounts were composed of significantly more verbal expressions of affective processes and of perceptual processes. Furthermore, witnesses used most cognitive and affective process words during the interview by civil party lawyers and defence lawyers. These results may be due to a prior supportive relationship between civil parties and their lawyers and due to a more interrogative question style by the defence lawyers, who attempt to undermine the credibility of the interviewed witnesses. Data shows that LIWC analysis is an appropriate method to examine witness accounts and, therefore, contributes to a better understanding of the complex relationship between testimony in events under litigation and credibility.

  8. [The Testimony. Contributions to the Construction of Historical Memory].

    Science.gov (United States)

    Roldán, Ismael

    2013-06-01

    Testimony is a complex act that contributes significantly to the elaboration of mourning, both individually and on a collective level. This is the central idea that is discussed in the text, using as a basis, the results of research conducted as a pilot intervention in the year 2010 for Visible Victims Foundation, and was then replicated in four other regions. In 1998 the National Liberation Army attacked the pipeline OCENSA causing severe damage to the people of Machuca (Segovia, Antioquia). In 2010 the psychologist Ligia Rascovsky implemented an intervention strategy to support the construction of individual and collective memory among survivors of the attack, who, in addition to serious injuries, suffered physical and psychosocial after effects such as post-traumatic stress disorder (PTSD). The results of this work are used to understand the relevance of the testimony in the psychosocial recovery processes, which is a major challenge for Colombian society today. The type of study was psychosocial intervention in 43 adults of both sexes, Machuca residents who were affected by the bombing, and agreed to voluntarily participate in designed workshops. The workshops followed experiential type techniques (psychodrama, psycho-fantasies, etc.), in which the purpose was to identify the damage by developing testimonial memory of what happened. The workshops express the emotions of grief, recognize the injustice of suffering, fight memory defense that justifies violence and raising awareness of human rights. It also facilitated the process of dignity, empowerment and security in personal and collective reconstruction. In expressing their memoirs thus, they could be free from fear and gain more confidence in themselves as individuals and as a social group, as seen in the formation of individual leadership. These results are the basis of the discussion presented. In this context it has been found that the testimonial narrative is an instrument of personal and social healing

  9. 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

    ... payment of attorney fees, interest, and/or court costs. Before complying with legal process that requires... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs. 581.307 Section 581.307 Administrative...

  10. Method of questioning and the accuracy of eyewitness testimony.

    Science.gov (United States)

    Venter, A; Louw, D A

    2005-03-01

    System variables are integrally part of factors that can be controlled by the legal system to enhance the accuracy of testimony by eyewitnesses. Apart from examining the relationship between questioning as system variable and the accuracy of testimony, the present study furthermore explores the relationship between type of questioning and certain biographical variables (occupation, age, gender and race). To achieve the aim of the study, 412 respondents consisting of 11 to 14-year-olds, university students, the public and Police College students participated and were exposed to open-ended or closed-ended questions. It was found that the participants who responded to the closed-ended questions were significantly more accurate than those who answered the open-ended questions. All the biographical groups, except the public, were more accurate in responding to the closed-ended questions. The scholars obtained the lowest scores (although not always significant) for both the open-ended and closed-ended questions. With respect to age the 18 to 25-year-olds obtained significantly higher scores than the other groups for the closed-ended questions. Whites performed significantly better than blacks in response to the open-ended and closed-ended questions.

  11. The gestural misinformation effect: skewing eyewitness testimony through gesture.

    Science.gov (United States)

    Gurney, Daniel J; Pine, Karen J; Wiseman, Richard

    2013-01-01

    The susceptibility of eyewitnesses to verbal suggestion has been well documented, although little attention has been paid to the role of nonverbal communication in misinformation. Three experiments are reported; in each, participants watched footage of a crime scene before being questioned about what they had observed. In Experiments 1 and 2, an on-screen interviewer accompanied identically worded questions with gestures that either conveyed accurate information about the scene or conveyed false, misleading information. The misleading gestures significantly influenced recall, and participants' responses were consistent with the gestured information. In Experiment 3, a live interview was conducted, and the gestural misinformation effect was found to be robust; participants were influenced by misleading gestures performed by the interviewer during questioning. These findings provide compelling evidence for the gestural misinformation effect, whereby subtle hand gestures can implant information and distort the testimony of eyewitnesses. The practical and legal implications of these findings are discussed.

  12. 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 ...

  13. 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.

  14. Seeking to Adopt in Florida: Lesbian and Gay Parents Navigate the Legal Process

    OpenAIRE

    Goldberg, Abbie E; Weber, Elizabeth R; Moyer, April M; Shapiro, Julie

    2014-01-01

    Utilizing interview data from 22 lesbian and gay parents in Florida, the current exploratory study examined participants’ experiences navigating the legal and social service systems after the repeal of the Florida ban on gay adoption. Participants reported both positive and negative experiences in seeking out lawyers (e.g., some attorneys were accommodating and knowledgeable about gay adoption; others demonstrated discomfort about working with same-sex couples), working with social service ag...

  15. 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

  16. 29 CFR 18.701 - Opinion testimony by lay witnesses.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Opinion testimony by lay witnesses. 18.701 Section 18.701 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS... Opinion testimony by lay witnesses. If the witness is not testifying as an expert, the witness' testimony...

  17. Against Coady on Hume on Testimony

    Czech Academy of Sciences Publication Activity Database

    Hříbek, Tomáš

    1996-01-01

    Roč. 11, 16-17 (1996), s. 189-200 ISSN 0353-5150 Institutional research plan: CEZ:AV0Z9009908 Keywords : epistemology * skepticism, * C.A.J. Coady * David Hume * Donald David son * testimony Subject RIV: AA - Philosophy ; Religion

  18. Testimony: Combating the Student Loan Burden

    Science.gov (United States)

    Helmcamp, Leslie

    2012-01-01

    The Center for Public Policy Priorities (CPPP) provides written testimony on the Senate Higher Education Committee interim charges exploring student financial aid and the issue of student loan debt Texas institutions of higher education. This paper highlights recommendations for strengthening and improving the financial aid system in Texas to…

  19. 37 CFR 41.157 - Taking testimony.

    Science.gov (United States)

    2010-07-01

    ... OF COMMERCE PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Contested Cases § 41.157... the scope and nature of the testimony to be elicited. (5) Motion to quash. Objection to a defect in... contested case and must, if not previously served, be served at the deposition. (4) All objections made at...

  20. False confessions, expert testimony, and admissibility.

    Science.gov (United States)

    Watson, Clarence; Weiss, Kenneth J; Pouncey, Claire

    2010-01-01

    The confession of a criminal defendant serves as a prosecutor's most compelling piece of evidence during trial. Courts must preserve a defendant's constitutional right to a fair trial while upholding the judicial interests of presenting competent and reliable evidence to the jury. When a defendant seeks to challenge the validity of that confession through expert testimony, the prosecution often contests the admissibility of the expert's opinion. Depending on the content and methodology of the expert's opinion, testimony addressing the phenomenon of false confessions may or may not be admissible. This article outlines the scientific and epistemological bases of expert testimony on false confession, notes the obstacles facing its admissibility, and provides guidance to the expert in formulating opinions that will reach the judge or jury. We review the 2006 New Jersey Superior Court decision in State of New Jersey v. George King to illustrate what is involved in the admissibility of false-confession testimony and use the case as a starting point in developing a best-practice approach to working in this area.

  1. Child Eyewitness Testimony in Sexual Abuse Investigations.

    Science.gov (United States)

    Mapes, Bruce E.

    Intended to help in the forensic investigation of child abuse allegations, this book explores several issues related to children's allegations of sexual abuse and subsequent testimony. Chapter 1 presents an overview of: the informational needs of child welfare agencies and the courts; the scope of the forensic assessment; and the standards and…

  2. Narrative characteristics of genocide testimonies predict posttraumatic stress disorder symptoms years later.

    Science.gov (United States)

    Ng, Lauren C; Ahishakiye, Naphtal; Miller, Donald E; Meyerowitz, Beth E

    2015-05-01

    Cognitive theories of posttraumatic stress disorder (PTSD) suggest that trauma narratives that make greater use of somatosensory, perceptual, and negative emotion words may be indicators of greater risk of PTSD symptoms (Ehlers & Clark, 2000). The purpose of this study was to analyze whether the way that survivors of the 1994 Rwandan Genocide against the Tutsi naturally construct genocide testimonies predicts PTSD symptoms 6 years later. One hundred orphaned heads of household (OHH) who were members of a community association gave testimonies about their genocide experiences in 2002. In 2008, PTSD symptoms of 61 of the original OHH were assessed using a genocide-specific version of the Impact of Events Scale-Revised (Weiss & Marmar, 1997). Experienced genocide events were coded from the genocide testimonies, and the types of words used in the testimonies were analyzed using the Linguistic Inquiry and Word Count program (Pennebaker, Chung, Ireland, Gonzales, & Booth, 2007). Pearson correlations and path analyses assessed the relationships between variables. After accounting for genocide events, touching positively predicted avoidance, and sadness negatively predicted hyperarousal. Sensory descriptions of traumatic experiences in trauma narratives may signify higher risk for mental health problems whereas expressions of sadness may indicate emotional processing and better mental health. Analyzing genocide testimonies may help identify survivors at the highest risk of developing PTSD symptoms, even among a group of survivors who have arguably suffered some of the most severe genocide experiences. (c) 2015 APA, all rights reserved).

  3. 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

  4. The first published testimony about the events of November 30, 1956

    Directory of Open Access Journals (Sweden)

    Rafael Angel Borges-Betancourt

    2016-12-01

    Full Text Available The article is started with a short commentary of the value of the testimony as historical source, and one of the more usual forms of |historiografiar| the insurrectionary process Cuban from the decade of the fifty; for then, make an analysis of the first text of testimonial character on the events of 30th November 1956 published, in the secret first edition of the periodic revolution ( official organ of the revolutionary movement July 26 that saw the light in the fifteenth first of February 1957. It tries to get demonstrate the value of this testimony as source to keep in mind in the study of thoses events. Precisely with this text, there was continuity to the tradition of witnessing at each stage, the political and social struggles of the Cuban people.With which continuity to the tradition to testify in each stage, the political and social fights of the Cuban people.

  5. Children's testimony: a review of research on memory for past experiences.

    Science.gov (United States)

    Gordon, B N; Baker-Ward, L; Ornstein, P A

    2001-06-01

    This review of children's testimony focuses on research related to memory for past experiences. The aspects of the memory system that are involved in testimony are discussed and the development of autobiographical memory is examined. Relevant research findings are summarized in the context of an information-processing model of memory and the implications of this work for clinical practice are outlined. We conclude that (1) under certain conditions, even very young children can remember and report past experiences with some accuracy over very long periods of time; (2) substantial and significant developmental differences have been demonstrated in children's abilities to provide eyewitness testimony; (3) children can be influenced in a variety of ways to provide complete and elaborated reports of events that never occurred; and (4) even experts cannot always tell the difference between true and false reports.

  6. The impossible testimony: Celan in Derrida

    Directory of Open Access Journals (Sweden)

    Ricardo Forster

    2005-01-01

    Full Text Available Having as background the events associated to the genocide of the Jews in the Second World War, we will try to analyze the possibility conditions of the historical memory in general, and the testimony to events such as the holocaust, in particular. Following the French philosopher Jacques Derrida’s argument line, we will search in Paul Celan’s poetical work, the necessary elements to overcome the hurdles that hinder our understanding of the existence of revolting event

  7. 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

  8. Disappearing Discourse: Performative Texts and Identity in Legal Contexts

    Science.gov (United States)

    Trinch, Shonna

    2010-01-01

    This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

  9. 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.

  10. [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

  11. A HOLISTIC MODEL FOR THE EVALUATION OF THE TESTIMONY (HELPT

    Directory of Open Access Journals (Sweden)

    Antonio L. Manzanero

    2015-05-01

    Full Text Available A proposed protocol for evaluating the statements and identifications made by the potential victims of crimes is presented in this paper. The protocol, called HELPT, is part of a holistic approach to evaluating the testimony that takes into account all of the possible factors of influence: encoding, retention and recovery. Among these factors, the following will be relevant: a the ability of victims to testify, as well as cognitive processes of attention, perception, memory and language; b the specific characteristics of the offence; c the history of the event and its consequences; d other factors that might affect the quality and accuracy of the statements and identifications, such as the number of times the victim had to tell what happened, the methods used to obtain the story and possibilities of suggestion. The method includes specific procedures for exhaustive analysis of the testimonies and for the formulation and testing of hypotheses (Scott & Manzanero, 2015, the evaluation of the competence to testify (Contreras, Silva, & Manzanero, 2015 and the obtaining of statements (González, Muñoz, Sotoca, & Manzanero, 2013.

  12. Extending the Testimony Problem: Evaluating the Truth, Scope, and Source of Cultural Information

    Science.gov (United States)

    Bergstrom, Brian; Moehlmann, Bianca; Boyer, Pascal

    2006-01-01

    Children's learning--in the domains of science and religion specifically, but in many other cultural domains as well--relies extensively on testimony and other forms of culturally transmitted information. The cognitive processes that enable such learning must also administrate the evaluation, qualification, and storage of that information, while…

  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. Credibility assessment of testimonies provided by victims with intellectual disabilities

    Directory of Open Access Journals (Sweden)

    Antonio L. MANZANERO

    2017-09-01

    Full Text Available One of the main obstacles in the way of access to justice for the victims with intellectual disability comes from the stereotypes referred to their ability to produce a statement at police legal procedures, with the consequence that some consider their statements less reliable than the rest of the victims, and others considerate their statements more reliable given their inability to create complex lies. This article reviews three of the most recent studies done by the UCM group of Psychology of Testimony, with the objective of analyzing the role of experience and intuition in the evaluation of credibility in people with intellectual disability (ID, and also it aims to prove whether the credibility analysis procedures such as Reality Monitoring (RM and Statement Validity Assessment (SVA would be valid procedures to discriminate between real and false statements within these collectives. From the results of these studies, it can be deducted that experience may not seem to be enough in order to discriminate between real and simulated victims, but analyzing the characteristics of the statements as the only indicator doesn’t seem to be enough either. As an alternative, the general procedure HELPT is proposed for the evaluation of credibility of people with ID.

  15. "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

  16. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  17. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  18. Testimonial Privileged Communication and the School Counselor

    Science.gov (United States)

    Litwack, Lawrence; and others

    1969-01-01

    Briefly reviews literature and state laws regarding counselor legal status and client confidentiality. Expresses need for professional associations to assume leadership role in push for uniform legislation. (CJ)

  19. The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective

    Directory of Open Access Journals (Sweden)

    EBRU DEMIR

    2017-06-01

    Full Text Available The right to internal self-determination offers a legal ‘checklist’ for the UN to provide both legitimacy and sustainability to peacebuilding processes. The right both clarifies the actors of post-conflict reconstruction and also concretises to what extent these actors should be incorporated into peacebuilding processes. Although the concept of local ownership has become an often-cited concept in peacebuilding literature, the legal ground of the concept (i.e. the right to internal self-determination has been disregarded. This paper aims to reveal the legal aspect of the concept of local ownership and thus, attaches the right to internal self-determination with local ownership.

  20. The testimony of the time: Aphorism

    Directory of Open Access Journals (Sweden)

    Ivanović-Barišić Milina

    2011-01-01

    Full Text Available Short literary form known as aphorism in the beginning of its development relied on saying. Aphorism concisely expresses general experience, life philosophy, situation and position of a man in this world, socio-political and historical paradoxes etc. Although it is often taken as a criticism of society, it can also be understood as a testimony of time. This paper reveals one aspect of this phenomenon that was neglected by literary theory - aphorism as a form of expressing author’s attitude towards society and its reality.

  1. Eyewitness testimony in the Lockerbie bombing case.

    Science.gov (United States)

    Loftus, Elizabeth F

    2013-02-25

    It was in 1988 that a Pan Am flight blew up over Lockerbie, Scotland, killing 270 people. A Libyan named Al-Megrahi was convicted of the crime. His conviction was based in large part on the testimony of a single eyewitness, a shopkeeper who identified him as the person who had purchased clothing allegedly packed in the suitcase that contained the explosives that blew up the plane. But careful analysis of the eyewitness evidence leads to suspicions about the accuracy of the evidence. This analysis was presented to the Scottish Criminal Cases Review Commission which concluded that the conviction might have been a miscarriage of justice.

  2. Suicide and parasuicide in ancient personal testimonies.

    Science.gov (United States)

    van Hooff, A J

    1993-01-01

    Attitudes toward suicide have not always been the same as they are today, and understanding the ideas of other cultures and times could enable us to reexamine contemporary conceptions of self-killing. Greek and Roman personal testimonies were examined to investigate the thesis that ancients did not see suicide as caused by psychic or emotional forces. Indeed, though the documents of antiquity give us a closer look into personal motives, they demonstrate that even would-be self-killers themselves wished to regard suicide as a rational act of volition.

  3. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

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

  4. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

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

    Directory of Open Access Journals (Sweden)

    Monika Maříková

    2015-04-01

    Full Text Available 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 of the principles of process management in relation to the legal form of business enterprise and business activity. For determining the level of principles of process management the indicator MPP was used (Rolśnek, 2012; Truneček, 2005. Based on statistical analysis, it can be argued that there is a relationship between the application of the principles of process management, business legal forms and also business activities.

  6. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

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

  7. 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...

  8. Bleeding Mud: The Testimonial Poetry of Hurricane Mitch in Nicaragua

    Directory of Open Access Journals (Sweden)

    Erin S Finzer

    2015-01-01

    Full Text Available Beginning with Rubén Darío, Nicaragua has long prided itself in being a country of poets. During the Sandinista Revolution, popular poetry workshops dispatched by Minister of Culture Ernesto Cardenal taught peasants and soldiers to write poetry about everyday life and to use poetry as a way to work through trauma from the civil war. When Hurricane Mitch--one of the first superstorms that heralded climate change--brought extreme flooding to Nicaragua in 1998, poetry again served as a way for victims to process the devastation. Examining testimonial poetry from Hurricane Mitch, this article shows how the mud and despair of this environmental disaster function as palimpsests of conquest and imperial oppression.

  9. The Epistemology of Testimony: Fulfilling the Sincerity Condition ...

    African Journals Online (AJOL)

    I look initially at the trust approach to testimony, which claims affective trust plays an epistemic role in our coming to believe that a speaker is being sincere. My claim is that this view is mistaken, and yet has something important to say in recognising the essential difference between testimony and other forms of evidence.

  10. Auto/Biography of the Oppressed: The Power of Testimonial.

    Science.gov (United States)

    Carey-Webb, Allen

    1991-01-01

    Discusses the use of testimonials (edited oral narratives collected from people who by their circumstances cannot write about their experiences firsthand) in the English classroom. States that teaching testimonial narratives leads students to ask challenging questions about priorities in literature classes and their everyday experiences. (RS)

  11. Using Testimonial Novels to Think about Social Justice

    Science.gov (United States)

    Bickford, Donna M.

    2008-01-01

    This article argues that testimonial novels are an important curricular addition in classrooms that take seriously the responsibility to educate students about social justice and civic responsibility in a global context. The addition of testimonial novels to our literature courses lets us internationalize our curriculum by including courses and…

  12. Testimony, Holocaust Education and Making the Unthinkable Thinkable

    Science.gov (United States)

    Suissa, Judith

    2016-01-01

    A great deal of philosophical work has explored the complex conceptual intersection between ethics and epistemology in the context of issues of testimony and belief, and much of this work has significant educational implications. In this paper, I discuss a troubling example of a case of testimony that seems to pose a problem for some established…

  13. 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...

  14. Archiveras anarquistas: Corporal Testimony in the Work of Diamela Eltit

    Directory of Open Access Journals (Sweden)

    Megan Corbin

    2013-04-01

    Full Text Available Abstract: There exists a constant within the trajectory of Diamela Eltit’s contributions to New Chilean Fiction: the turn to the body’s revelatory capacity as a corporal archive of human existence. Simultaneously exploring and rejecting the confines of the traditional testimonial reliance on language, Eltit moves the reader to a re-consideration of the truth-telling function of the biological materiality of the body, placing imperfect corporalities on display as a means of speaking, even where the voice itself may falter.  This essay locates Eltit’s move to the corporal within the trajectory of feminist criticism, the traumatic realities of the Chilean dictatorship and post-dictatorship periods, and the search for the recuperation of those bodily knowledges represented by the disappeared.  Next, it turns to Eltit’s Impuesto a la carne as her most recent re-visioning of the importance of corporal textualities, whether or not the subject-matter of the body’s denunciation is connected to the dictatorship.  Lastly, this essay reconsiders the rejective power of the traditional archive, analyzing the effect set models have on those who seek to tell their stories outside of the traditional testimonial model. I argue that the case of Diamela Eltit is an example of the way writers and producers of cultural texts which actively inscribe alternative memories of the past are resisting the authoritative power of the archive and subversively inscribing narrative memory onto bodily materialities, re-orienting the view of the corporal from an evidentiary showing to an active process of re-telling the past. Eltit’s novels, inscribed with her corporal textual model, give voice to survivors, articulating an alternate historical model for the archive, embracing the biological and making it speak against the rigid abuses of authoritarianism.

  15. El delincuente en la literatura testimonial venezolana

    OpenAIRE

    Hernández, Argenis Monroy

    2013-01-01

    En este artículo se analiza cómo la literatura testimonial venezolana de los años 70 escrita por delincuentes, construye modelos alternativos de ciudadanías que, epistémicamente, rompen con los patrones éticos, antropológicos, pedagógicos y sociológicos heredados de la modernidad. El análisis está centrado en las novelas-testimonios Retén de Catia (1972) de Juan Sebastián Aldana, Soy un delincuente (1974) de Ramón Antonio Brizuela y Cárcel Modelo Máxima Seguridad (1976) de Yon Calletano Franc...

  16. The influence of stress on giving testimony

    Directory of Open Access Journals (Sweden)

    Brkić Snežana S.

    2015-01-01

    Full Text Available In this paper there are firstly some general observations about stress (the concept of stress, stressors, stress responses, consequences of stress. Then, the author examines the effect of stress on giving testimony, that is on two most important psychic functions of the importance for giving testimony: perception and memory. The impact of stress, on perception is discussed in the framework of the importance of affective tone of perception. The lower doses of stress can improve attention and perception, but with intense stress, attention rapidly decreases. Stress often causes erroneous perception of time and other errors in observation and can lead to illusions and hallucinations. The errors in face recognition are also possible in view of 'the phenomenon of focusing attention on weapon '. In relationship with memory, the author firstly gives some general considerations about this function. Then follows brief overview of memory for emotionally colored events. The negative influence of stress on memory is reflected in the possibility of psychogenic amnesia, which are often the escort of psychological trauma. Further, some events will be remembered with a lot of gaps, distortions and overemphasis. The paper points to a number of studies on (inaccuracies and (incomplete memories for traumatic events. Summarizing the main results of these studies it is concluded that memory for traumatic events has similar sharacteristics as memory for normal, nontraumatic events. Memory for traumatic events also follows the same cognitive principles. In that sense, both traumatic and nontraumatic memories can be equally powerful on the one hand, and on the other hand, there may be gaps or errors in memory as well as for the positive and negative life events.

  17. Beliefs and expectancies in legal decision making: an introduction to the Special Issue.

    Science.gov (United States)

    McAuliff, Bradley D; Bornstein, Brian H

    2012-01-01

    This introduction describes what the co-editors believe readers can expect in this Special Issue. After beliefs and expectancies are defined, examples of how these constructs influence human thought, feeling, and behavior in legal settings are considered. Brief synopses are provided for the Special Issue papers on beliefs and expectancies regarding alibis, children's testimony behavior, eyewitness testimony, confessions, sexual assault victims, judges' decisions in child protection cases, and attorneys' beliefs about jurors' perceptions of juvenile offender culpability. Areas for future research are identified, and readers are encouraged to discover new ways that beliefs and expectancies operate in the legal system.

  18. “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

    2016-01-01

    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. PMID

  19. Potential reduced exposure products (PREPs) in industry trial testimony.

    Science.gov (United States)

    Wayne, Geoffrey Ferris

    2006-12-01

    To identify patterns in trial testimony that may reflect on the intentions or expectations of tobacco manufacturers with regard to the introduction of potential reduced exposure products (PREPs). Research was conducted using the Deposition and Trial Testimony Archive (DATTA) collection of trial testimony and depositions housed online at Tobacco Documents Online (www.tobaccodocuments.org). Relevant testimony was identified through full-text searches of terms indicating PREPs or harm reduction strategies. The role and function of PREPs in testimony were classified according to common and contrasting themes. These were analysed in the context of broader trial arguments and against changes in time period and the market. Analysis of testimony suggests that the failure of PREPs in the market tempered initial industry enthusiasm and made protection of the conventional cigarette market its major priority. The "breakthrough" character of PREPs has been de-emphasised, with trial arguments instead positioning PREPs as simply another choice for consumers. This framework legitimises the sale of conventional brands, and shifts the responsibility for adoption of safer products from the manufacturer to the consumer. Likewise, testimony has abandoned earlier dramatic health claims made with regard to PREPs, which had undermined industry arguments regarding efforts to reduce harm in conventional products. More recent testimony advocates the broad acceptance of independent guidelines that would validate use of health claims and enable the industry to market PREPs to consumers. Trial testimony reflects the changing role and positioning of PREPs by the tobacco industry. The findings are of particular importance with regard to future evaluation and potential regulation of reduced harm products.

  20. Secondary confessions: the influence (or lack thereof) of incentive size and scientific expert testimony on jurors' perceptions of informant testimony.

    Science.gov (United States)

    Maeder, Evelyn M; Pica, Emily

    2014-12-01

    The goal of this research was to determine whether the size of the incentive (none, small, medium, or large, in terms of sentence reduction) a jailhouse informant receives for testifying, as well as scientific expert testimony regarding the fundamental attribution error, would influence mock juror decision-making in a criminal trial involving a secondary confession. Participants read a murder trial transcript involving informant testimony in which incentive size and expert testimony were manipulated and then provided verdict judgments, made attributions for the informant's decision to testify, and rated the informant and expert on a number of dimensions. Neither expert testimony nor size of incentive had a direct influence on verdicts. However, contrary to previous research on the influence of incentives on jurors' perceptions of secondary confessions, the presence of an incentive did influence verdict decisions, informant ratings, and attributional responses. Results imply that jury-eligible community members may be becoming aware of the issues with informant testimony as a function of incentive but that they are insensitive to the size of the incentive, and expert testimony may not sensitize them to the limitations of such testimony. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  1. Opinion versus Knowledge: The Influence of Testimony Format on Children's Judgments in Morally Relevant Contexts

    Science.gov (United States)

    Noh, Jee Young; Elenbaas, Laura Marie; Park, Kyung Ja; Chung, Young Sun; Killen, Melanie

    2017-01-01

    Research Findings: To test children's use of testimony of others, 3-9 years (N = 227) made judgments about a potential peer transgression in which the intentions of the protagonist were ambiguous, after hearing two different forms of testimony. The 2 forms of testimony were (a) opposing "opinion-based" testimony from an adult authority…

  2. 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.

  3. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  4. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  5. There is only “Philosophy”: The case of testimony

    Directory of Open Access Journals (Sweden)

    Elisa Freschi

    2017-07-01

    Full Text Available The present introduction summarises the debate on the epistemological value of testimony, with a special focus on the reductionism vs. antireductionism polemics, and situates Indian philosophers within it. One thus sees that some Indian philosophical schools (especially Vaiśeṣika and Buddhist epistemology attempted to reduce testimony to another, more fundamental, instrument of knowledge, typically to inference, whereas others (especially Mīmāṃṣā and Nyāya emphasised the independent nature of testimony. The study then moves to the problem of the criteria for a reliable speaker and discusses border-line cases, such as that of speaking instruments (computers, clocks and the like. Finally, it looks at some promising and open-ended topics evoked by the Indian-European dialogue on testimony.

  6. Performing asylum: theatre of testimony in South Africa

    OpenAIRE

    Maedza, P.

    2017-01-01

    This book is based on Pedzisai Maedza's Master's thesis 'Theatre of testimony: An investigation in devising asylum', winner of the African Studies Centre, Leiden's 2014 African Thesis Award. This annual award for Master's students encourages student research and writing on Africa and promotes the study of African cultures and societies. The use of testimonies in performance is enjoying increased artistic and critical popularity and has a long and rich tradition on South African stages. Both i...

  7. War in Colombia testimonial literature: between memory, culture, violence and literature

    Directory of Open Access Journals (Sweden)

    Jorge Eduardo Suárez Gómez

    2011-07-01

    Full Text Available Colombia may be characterized as a society ruled over by “a routinization of war and oblivion”. When memories about violent events succeed in articulate themselves and transcend the private space, they are not necessarily incorporated to national memory through “memory policies” in transitional processes. These memories are “deposited” rather than discussed. Testimonial literature is one of those “deposits”. There are times when certain topics, witnesses, authors and narrative treatments attain an unexpected relevance. Such a relevance follows national factors, like the dynamics of conflict and society in Colombia and abroad, such as a “turn to past”. When making a survey across the development of the testimonial genre from mid-20th century Violence up to our times, the gravitation of several cultures of memory is made evident in a society where oblivion appears to prevail.

  8. Aspects of Implementation of European Law in the Legal System of the Republic of Moldova within the European Integration Process

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

    Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.

  9. The effect of confidence and method of questioning on eyewitness testimony.

    Science.gov (United States)

    Venter, A; Louw, D A

    2005-06-01

    Very often eyewitnesses are perceived as being accurate due to the confidence in the accuracy of their own testimony. The confidence displayed by an eyewitness may possibly be increased by the method of questioning used by legal professionals and police. The present study examines the confidence-accuracy relationship and the effect the method of questioning (open-ended versus closed-ended questions) may have on the confidence of eyewitnesses. The sample of 412 respondents consisted of scholars (11 to 14-year-olds), university students, the public and Police College students. A significant relationship between memory accuracy and confidence was found for more than 70% of the questions. Closed-ended questions provided a significantly higher rate of accuracy than open-ended questions. A significantly larger proportion of respondents to the closed-ended questions were more confident about their answers than those who responded to the open-ended questions.

  10. Living with HIV / AIDS: a personal testimony.

    Science.gov (United States)

    Serunkuuma, R

    1994-01-01

    This testimonial of a male youth describes the psychosocial factors influencing his sex behavior at age 17. After dropping out of school, he moved to his maternal village where he came under the influence of 4 sexually experienced boys. This peer group would take the boy to places in the evening where drinking and heterosexual promiscuity were encouraged. The boy, who was too shy, was subjected to derision by the group when he did not comply with their wishes. He lost his friends, and his self esteem suffered. In order to regain the friendship of the group, the boy had his first intercourse. This affair was fleeting and was followed by another that lasted 2 months. After returning to his paternal family, the boy began having health problems that were unresponsive to drug treatment. The boy read a copy of the pamphlet "Know the Facts about AIDS" and contacted his former girlfriends. One had died 6 months before. The boy went to a hospital clinic for screening. Pre-test counseling was conducted by TASO. The boy tested positive for human immunodeficiency virus (HIV) and immediately thought his death was imminent. This led to thoughts of suicide and denial. The counselor advised the boy that he could prolong his life more than 7 years by treating infections, eating well, getting enough rest, keeping busy to avoid thinking about approaching death, refraining from alcohol and smoking, and getting regular exercise. TASO and the Post-Test Club provide extensive support to the boy. His feelings have turned from anger and denial to hope and acceptance. He has joined the Philly Lutaaya Initiative, a PWA project which aims to change risk behavior and to destigmatize AIDS.

  11. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  12. 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.

  13. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

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

  14. 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.

  15. The Testimonial World: Affect and Ethics in Latin American Literature and Film (1969-1991)

    OpenAIRE

    Malone, Cora Starker Gorman

    2013-01-01

    AbstractCora Starker Gorman MaloneThe Testimonial World: Affect and Ethics in Latin American Literature and Film (1969-1991)This dissertation explores how theories of affect and ethics inform our understanding of the way testimonial texts communicate with readers. Adopting a broad definition of &ldquothe testimonial world&rdquo to encompass fictional and documentary literature and film, the pages that follow focus on testimonial work in Latin America from 1969&ndash1991. By exploring testimon...

  16. 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...

  17. 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.

  18. Analysis of Discourse Structure of Cases Verdict in The District Court (A Study of Legal Language

    Directory of Open Access Journals (Sweden)

    Usman Pakaya

    2017-11-01

    Full Text Available The title of this article is the discourse structure of cases verdict in the district court (a study of legal language. This article discusses several elements that compose verdict in a criminal case, such as heading, the identity of the defendant, the attorney’s indictment, witnesses’ testimony, the testimony of the accused, and the verdict statements. This study employed the qualitative method to find out the scientific facts. This article is aimed at proving that discourse structure can be used as a framework in unraveling a case verdict.

  19. 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...

  20. 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.

  1. 78 FR 11114 - Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings; Correction

    Science.gov (United States)

    2013-02-15

    ..., 2013. FOR FURTHER INFORMATION CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a toll-free...., Washington, DC 20024. The telephone number for the Telecommunications Device for the Hearing Impaired is 800...

  2. 78 FR 9336 - Production of FHFA Records, Information, and Employee Testimony in Legal Proceedings

    Science.gov (United States)

    2013-02-08

    ... CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a toll-free number), Federal Housing Finance... number for the Telecommunications Device for the Hearing Impaired is 800-877-8339. SUPPLEMENTARY...

  3. Index of Reports and Testimony: Fiscal Year 1991.

    Science.gov (United States)

    1991-12-01

    Index of Reports and Testimony: Fiscal Year 1991 Economic Rural Development: Problems and Progress of Colonia Subdivisions Near Mexico Border Development...House Committee on Govern- ment Operations. GAO/T-RCED-91-78, July 10. Hazardous Materials: Chemical Spill in the Sacramento River, by .John I

  4. Transitivity And The Narrator's Role In Selected TRC Testimonies

    African Journals Online (AJOL)

    Information Technology

    anecdotes, exemplums, and recounts. Space does not allow a full discussion of each kind of genre, so only narratives and exemplums will be ..... participant. CDS's mother does not feature in his testimony at all. The police (the security cops, they, the dog unit, named individuals, etc.) – 37 clauses. Material. - 28. Verbal. - 1.

  5. The shifting landscape of latent print testimony: an american perspective

    Directory of Open Access Journals (Sweden)

    Heidi Eldridge

    2017-01-01

    Full Text Available Friction ridge comparison testimony in the United States has long been characterized by speaking in absolutes: fingerprints are unique, the Analysis, Comparison, Evaluation, and Verification methodology has a zero-error rate, and the testimony presented by the expert should be regarded as an incontrovertible fact. Once the National Research Council released their watershed report in 2009, questioning and criticizing these clear overstatements of the strength of the evidence, many commentators and professional organizations recommended that the friction ridge community rethink the way their evidence was presented in reports and in court. Yet, change has been slow to come. While some agencies have begun a shift in the way they present their findings, many others still testify the same way they always have. This paper presents the historical context of where American friction ridge testimony has been, lays out the arguments for why it needs to change, describes some recent efforts to improve, and highlights some likely directions for the future of friction ridge reporting and testimony in the United States.

  6. Performing asylum : theatre of testimony in South Africa

    NARCIS (Netherlands)

    Maedza, P.

    2017-01-01

    This book is based on Pedzisai Maedza's Master's thesis 'Theatre of testimony: An investigation in devising asylum', winner of the African Studies Centre, Leiden's 2014 African Thesis Award. This annual award for Master's students encourages student research and writing on Africa and promotes the

  7. Remembering to Forget: Testimony, Collective Memory and the ...

    African Journals Online (AJOL)

    Drawing on the proliferation of testimonies which emerged from the Truth Commission, in this text Krog actively contributes to the construction of collective memory. But, as Ernest Renan reminds us, although “the essence of a nation is that all individuals have many things in common” – and shared historical narratives are ...

  8. Theatre of testimony : an investigation in devising asylum

    NARCIS (Netherlands)

    Maedza, P.

    2013-01-01

    The use of testimonies in performance is enjoying increased artistic and critical popularity on contemporary world stages and has a long and rich tradition on South African stages. Both internationally and locally, emerging and established playwrights working on migration and refugee issues are

  9. Social media patient testimonials in implant dentistry: information or misinformation?

    Science.gov (United States)

    Ho, Adrian; McGrath, Colman; Mattheos, Nikos

    2017-07-01

    This study aims to assess the educational value of YouTube patient testimonial videos in implant dentistry and qualitatively analyse the themes mentioned. Videos were sampled consecutively on YouTube, using the keywords "dental implant patients' testimonials experience," sorted "by relevance." Patient testimonials on dental implant treatment were examined. Inaudible or non-English videos were excluded. Four calibrated investigators scored the videos for educational content, using a matrix derived from the European Association for Osseointegration information booklet, and demographic details were recorded. Data were analysed qualitatively through inductive thematic analysis. A total of 202 videos were analysed (48 exclusions). Inter-examiner reliability was fair to moderate for informative statements and poor to substantial for misleading statements. A mean of 1.8 informative statements were made per video, compared with misleading, 0.5. Many topics were rarely mentioned, with 19/30 themes appearing fewer than 5% of videos. Patients often informed that implants could improve aesthetics and function, but were misleading on aspects of pain control. Some statements may heighten expectations or imply permanency of treatment. Balanced presentation in YouTube testimonials may be limited by bias of clinician-uploaded content. Greater magnitude and breadth of information would improve educational value. Many important parameters of implant therapy were overlooked, whilst information was often potentially misleading. © 2016 John Wiley & Sons A/S. Published by John Wiley & Sons Ltd.

  10. Age and Schematic Differences in the Reliability of Eyewitness Testimony.

    Science.gov (United States)

    List, Judith A.

    1986-01-01

    Studies the reliability of eyewitness testimony for shoplifting in terms of age, prior knowledge/expectations, and type of memory test. Fifth graders, college students, and older adults participated in two studies. All subjects had expectations concerning common and unusual aspects of shoplifting. Age differences were greatest for recall…

  11. Children's Lies and Their Detection: Implications for Child Witness Testimony

    Science.gov (United States)

    Talwar, Victoria; Crossman, Angela M.

    2012-01-01

    The veracity of child witness testimony is central to the justice system where there are serious consequences for the child, the accused, and society. Thus, it is important to examine how children's lie-telling abilities develop and the factors that can influence their truthfulness. The current review examines children's lie-telling ability in…

  12. Can expert testimony sensitize jurors to variations in confession evidence?

    Science.gov (United States)

    Henderson, Kelsey S; Levett, Lora M

    2016-12-01

    Confession evidence can be extremely damaging in the courtroom; jurors are more willing to convict based on the presence of a confession than eyewitness evidence and character testimony (Kassin & Neumann, 1997). To date, no research has examined whether jurors notice variations in confession evidence based on whether the confession is consistent or inconsistent with the crime evidence (a likely low quality confession). In Study 1, mock jurors read a trial summary in which a suspect's confession was consistent or inconsistent with other case facts. Jurors were marginally more likely to convict if the confession and case facts were consistent than if they were not, but did not view the confession differently based on the consistency of the confession and case facts. In Study 2, we varied whether an expert testified about the consistency of the confession and case facts. Jurors who reported for jury duty did not render different trial decisions or view the confession differently based on the consistency of the confession and case facts or the presence of the expert testimony. We expanded the design in Study 3 to vary the content of the confession in addition to the case facts. Jurors used the consistency of the confession and case facts in making decisions, and expert testimony sensitized jurors to variations in the content of confession evidence on the verdict measure. Findings suggest jurors notice variations in confession evidence and expert testimony shows promise for educating jurors about characteristics of confessions. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  13. Perceived Credibility and Eyewitness Testimony of Children with Intellectual Disabilities

    Science.gov (United States)

    Henry, L.; Ridley, A.; Perry, J.; Crane, L.

    2011-01-01

    Background: Although children with intellectual disabilities (ID) often provide accurate witness testimony, jurors tend to perceive their witness statements to be inherently unreliable. Method: The current study explored the free recall transcripts of child witnesses with ID who had watched a video clip, relative to those of typically developing…

  14. Children's Causal Inferences from Conflicting Testimony and Observations

    Science.gov (United States)

    Bridgers, Sophie; Buchsbaum, Daphna; Seiver, Elizabeth; Griffiths, Thomas L.; Gopnik, Alison

    2016-01-01

    Preschoolers use both direct observation of statistical data and informant testimony to learn causal relationships. Can children integrate information from these sources, especially when source reliability is uncertain? We investigate how children handle a conflict between what they hear and what they see. In Experiment 1, 4-year-olds were…

  15. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

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

  16. SERIAL EFFECTS OF EVIDENCE ON LEGAL DECISION-MAKING

    Directory of Open Access Journals (Sweden)

    Raluca Enescu

    2012-07-01

    Full Text Available The order in which evidence is presentedto a criminal court might influence the verdict.This study investigated the serial position effectin a judicial context. 1831 Swiss criminal judgesreceived a filmed mock trial with a specificorder stemming from the combination of 3witnesses: a forensic expert, an eyewitness andan alibi witness. The evidence order wascompletely counterbalanced and each witnessrepresented a different type of testimony chosenin accordance with the legal practice. If judgesrendered their verdict on the basis of the firstwitness, a primacy effect would be observed.Conversely, if the last testimony would bepreponderant, a recency effect would influencetheir judgment. Results showed a recency effectbased on a defence eyewitness whose placementin the last position provoked significantly lesscondemnations. Furthermore, the probativevalue estimated by the judges for each piece of evidence was not associated with its serialimpact. Results are discussed in relation to legaldecision-making and the identification of acentral witness mediating order effects.

  17. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  18. 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…

  19. 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...

  20. Forensic human identification in the United States and Canada: a review of the law, admissible techniques, and the legal implications of their application in forensic cases.

    Science.gov (United States)

    Holobinko, Anastasia

    2012-10-10

    Forensic human identification techniques are successful if they lead to positive personal identification. However, the strongest personal identification is of no use in the prosecution--or vindication--of an accused if the associated evidence and testimony is ruled inadmissible in a court of law. This review examines the U.S. and Canadian legal rulings regarding the admissibility of expert evidence and testimony, and subsequently explores four established methods of human identification (i.e., DNA profiling, forensic anthropology, forensic radiography, forensic odontology) and one complementary technique useful in determining identity, and the legal implications of their application in forensic cases. Copyright © 2012 Elsevier Ireland Ltd. All rights reserved.

  1. Refining the Tungusk meteorite trajectory from the testimony of eyewitnesses

    Science.gov (United States)

    Epiktetova, L. E.

    The Tungusk meteorite trajectory is refined using the testimony of many eyewitnesses who lived on the territory surrounding the area of the Tungusk meteorite explosion and described acoustic phenomena connected with the explosion. It is concluded that the horizontal projection of the Tungusk meteorite trajectory is within the range of the azimuths from the epicenter at 102-103 deg, at a distance of 300-500 km from the epicenter. It was also deduced from the eyewitnesses' testimony that, in the last section of the trajectory, its horizontal projection was shifted to the west and its vertical projection became steeper. As a result, the trajectory of the Tungusk meteorite cannot be described by a single value of the azimuth and a single value of the tilt angle from the epicenter.

  2. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  3. The 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.

  4. Suicide voices: testimonies of trauma in the French workplace.

    Science.gov (United States)

    Waters, Sarah

    2017-03-01

    Workplace suicide has become an urgent social concern internationally with rising numbers of employees choosing to kill themselves in the face of extreme pressures at work. Yet, research on this phenomenon is hampered by fragmentary statistical data and the sheer contentiousness of this issue. This paper presents the preliminary findings of a research project on workplace suicides in France, where there has been a 'suicide epidemic' across a wide range of companies. I draw on an analysis of suicide letters linked to 23 suicide cases across three French companies during the period 2005-2015. My methodological approach is informed by the work of suicide sociologist, Jack D Douglas, who emphasised the importance of narrative, testimony and voice to our understanding of the causes of suicide. Douglas argued that an analysis of the 'social meanings' of suicide should start with a consideration of the motivations attributed to self-killing by suicidal individuals themselves and those close to them. Why does work or conditions of work push some individuals to take their own lives? What can the 'suicide voices' articulated in recent testimonies tell us about the causes of workplace suicide? In this paper, I treat suicide letters as a unique mode of testimony that can reveal some of the profound effects of workplace transformations on subjective, intimate and lived experiences of work. By examining French suicide testimonies, my aim is to deepen our understanding of the nature and causes of suicide in today's globalised workplaces. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  5. Eyewitness testimony in occupational accident investigations: towards a research agenda.

    Science.gov (United States)

    Kelloway, E Kevin; Stinson, Veronica; MacLean, Carla

    2004-02-01

    Accident investigation is frequently cited as the cornerstone of an effective occupational health and safety program. We suggest that the literature on accident investigation is based on a model of witnesses as neutral and accurate recording devices. The literature on eyewitness testimony and criminal investigation offers strikingly different conclusions. We review these findings and point to their implication for research on accident investigation in occupational health and safety contexts.

  6. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

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

  7. Trauma, memory, testimony: phenomenological, psychological, and ethical perspectives

    Directory of Open Access Journals (Sweden)

    Claudia Welz

    2016-01-01

    Full Text Available How can severely traumatized persons re-present the past and its impact on the present if (due to blackout, repression, or dissociation they could not witness what they went through, or can hardly recall it? Drawing on Holocaust testimonies, this article explores the crisis of witnessing constituted by the Shoah and, more generally, problems of integrating and communicating traumatic experiences. Phenomenological, psychological, and ethical perspectives contribute to a systematic investigation of the relation between trauma, memory and testimony. I will argue that preserving personal continuity across the gap between past and present presupposes not only an ‘inner witness’ – which can, according to a long philosophical tradition, be identified with a person’s conscience – but also a social context in which one is addressed and can respond. An attentive listener can bear witness to the witness by accepting the assignation of responsibility implied in testimonial interaction, and thereby support the dialogic restitution of memory and identity.

  8. Year 2000 Computing Challenge: Education Taking Needed Actions but Work Remains. Testimony before the Subcommittee on Oversight and Investigations, Committee on Education and the Workforce, House of Representatives.

    Science.gov (United States)

    Willemssen, Joel C.

    This document provides testimony on the U.S. Department of Education's efforts to ensure that its computer systems supporting critical student financial aid activities will be able to process information reliably through the turn of the century. After providing some background information, the statement recaps prior findings and the actions that…

  9. 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....

  10. The Truth and Reconciliation Commission and gender: The Testimony of Mrs Konile revisited

    Directory of Open Access Journals (Sweden)

    Sandiswa L. Kobe

    2017-12-01

    Full Text Available This article draws on a well-known narration of the Gugulethu Seven incident from the Truth and Reconciliation Commission (TRC proceedings with specific reference to testimonies of the mothers of the Gugulethu Seven. The article focuses on Mrs Konile’s testimony as a case study: Testimony of a black woman whose son was murdered by the apartheid government’s security forces. During the TRC hearings, Mrs Konile ‘failed’ to effectively narrate her story, which resulted in her testimony being dismissed as being incoherent. This article examines the underlying attributes of Mrs Konile’s testimony and revisits why she was considered ‘incapable’ of articulating her experience in a convincing manner. The analysis aims to acknowledge, identify and give insights about this woman’s testimony from an African women theologian viewpoint (specifically with references to the Isixhosa religious cultural background.

  11. Does the expert witness fit the crime? Injury to a child by starvation--a dietitian's testimony.

    Science.gov (United States)

    Kloiber, Lydia L

    2004-01-01

    After the death of their four-month-old infant, the parents were charged with injury to a child by starvation. The medical examiner documented blunt force trauma and severe malnutrition at autopsy, but the cause of death was undetermined. The legal team hired a neonatal dietitian who was able to determine that impaired growth only occurred when the infant was in the care of his parents. This information, along with other testimony, established that the lack of nutrition compromised this infant's ability to grow and develop normally, and thus contributed to the infant's death. A jury found the father guilty of injury to a child with intent, and was sentenced to 50 years in prison. The mother agreed to a plea bargain serving 25 years. The purpose of this report is to offer insight, information, and facts from this case for the benefit of others.

  12. Sexual Violence, Predatory Masculinity, and Medical Testimony in New Spain.

    Science.gov (United States)

    Tortorici, Zeb

    2015-01-01

    This essay examines the medical and legal construction of predatory masculinity in New Spain by contrasting criminal cases of rape [estupro] with those of violent or coercive sodomy [sodomía]. In the context of male-female rape, the rulings of most criminal and ecclesiastical courts imply that predatory masculinity was a "natural" manifestation of male sexual desire, whereas in cases of sodomy and nonconsensual sexual acts between men, courts viewed such desire as "against nature." The processes by which the colonial state prosecuted certain sexual crimes simultaneously criminalized and validated predatory masculinity. By analyzing the roles of the medics, surgeons, and midwives who examined the bodies of the male and female victims in these cases, this essay argues for a commonality in the authoritative judgments based on medical evidence, whether conclusive or inconclusive.

  13. Technology Transfer in Digital Era: Legal Environment

    Directory of Open Access Journals (Sweden)

    Ivan Anatol’yevich Bliznets

    2018-03-01

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

  14. Situated practices of testimony. A rhetorical approach

    Directory of Open Access Journals (Sweden)

    Paula OLMOS

    2008-01-01

    Full Text Available Contrary to most current epistemologists who concentrate on core cases of rather ‘spontaneous’ (deliberately  de-contextualized  trust  and  belief  in the  face  of  assertions,  Classical  rhetoricians  addressed  the study of ‘testimony’ as an (at least two-acts phenomenon: that of the ‘disclosure’ of information and that of the ‘appeal’ to its authority in subsequent discursive practices. Moreover, they primarily focused on this second phase as they assumed that it was such argumentative setting that finally gave ‘testimonial’ relevance to the first act. According to this ‘rhetorical’ model, then, it is the dynamics (by means of an in medias res approach  and  pragmatics  (by means  of  a  deliberate  attention  to  specifically  ‘situated’  practices  of  such complex process that is the core issue regarding ‘testimony’.

  15. 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.

  16. COMPLEX OF METHODICAL MEANS OF FORMATION OF ECOLOGICAL AND LEGAL COMPETENCE OF UNIVERSITY STUDENTS IN THE PROCESS OF NATURAL SCIENCES EDUCATION

    OpenAIRE

    Sergey B. Ignatov

    2015-01-01

    The aim of the investigation is to present the ways and a technique of formation of students’ ecological and legal competence at humanities departments of high schools in the course of studying of natural sciences. Methods and results. Having applied the methods of pedagogical modelling and using resources of natural-science disciplines, the author has developed a new complex based on structure and maintenance of the methodical tools that is directed at ecological and legal competence of high...

  17. Accumulated Testimony: Layering French Girls’ Diaries on the Algerian Exodus

    OpenAIRE

    Amy L Hubbell

    2014-01-01

    In 1997, French-Algerian author Leïla Sebbar published an illustrated children’s book, J’étais enfant en Algérie, juin 1962 (‘I was a child in Algeria, June 1962’) in which she creates the fictional account of a young girl from the interior of Algeria leaving her home during the great exodus of the French just prior to Algerian independence. Using the genre of diary writing, Sebbar’s text reads as testimonial of fleeing their country for a homeland they do not know. Although this text is ...

  18. Testimonials, narratives, stories, and drawings: child refugees as witnesses.

    Science.gov (United States)

    Lustig, Stuart L; Tennakoon, Lakshika

    2008-07-01

    An estimated 80% of the world's war victims are women and children, a significant proportion of whom suffer from social and psychiatric sequelae of traumatic experiences. Various treatments for psychiatric symptoms related to trauma among refugees have been studied. This article summarizes the literature on therapies involving the creation of stories, such as narrative therapy and testimonial therapies, and other storytelling techniques described on the World Wide Web in the absence of an academic literature. At this point, longer and larger studies of the efficacy of all these approaches are warranted.

  19. Reproductive Travel to Ghana: Testimonies, Transnational Relationships, and Stratified Reproduction.

    Science.gov (United States)

    Gerrits, Trudie

    2018-01-15

    In this article, I address reproductive travel to Ghana, based on research conducted in two private fertility clinics. Both clinics attract clients from West African countries as well as Ghanaian people living in the US and Europe. Their motivations to visit these clinics include positive "testimonies" about treatment results, "bioavailability" of matching donor material and surrogates, lower treatment costs and the circumvention of restricting regulations in the country of residence. Communication technologies are central in facilitating reproductive travel. Finally, I argue that the "international choreographies" of reproductive travel are co-shaped by the unique biographies and transnational relationships of the people involved.

  20. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

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

  1. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

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

  2. SERIAL EFFECTS OF EVIDENCE ON LEGAL DECISION-MAKING

    Directory of Open Access Journals (Sweden)

    Raluca Enescu

    2012-07-01

    Full Text Available The order in which evidence is presented to a criminal court might influence the verdict. This study investigated the serial position effect in a judicial context. 1831 Swiss criminal judges received a filmed mock trial with a specific order stemming from the combination of 3 witnesses: a forensic expert, an eyewitness and an alibi witness. The evidence order was completely counterbalanced and each witness represented a different type of testimony chosen in accordance with the legal practice. If judges rendered their verdict on the basis of the first witness, a primacy effect would be observed. Conversely, if the last testimony would be preponderant, a recency effect would influence their judgment. Results showed a recency effect based on a defence eyewitness whose placement in the last position provoked significantly less condemnations. Furthermore, the probative value estimated by the judges for each piece of evidence was not associated with its serial impact. Results are discussed in relation to legal decision-making and the identification of a central witness mediating order effects.

  3. 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)

  4. Giving Voice: Autobiographical/Testimonial Literature by First Nations Women of British Columbia.

    Science.gov (United States)

    Beard, Laura J.

    2000-01-01

    Discusses various definitions of the "testimonial" and characteristics that distinguish it from related literary genres. Examines autobiographical and testimonial literature by Native women of British Columbia, focusing on first-hand accounts of student experiences in Indian residential schools. Contains 29 references. (SV)

  5. Using Testimonial Response to Frame the Challenges and Possibilities of Risky Historical Texts

    Science.gov (United States)

    Damico, James; Apol, Laura

    2008-01-01

    Literature that vividly and explicitly describes (often in the form of testimonies from one or more characters) traumatic and/or catastrophic events of human history poses particular challenges for readers. This article proposes testimonial response as one approach to responding to these "risky historical texts." By way of introducing "testimonial…

  6. A Sociolinguistic Study of Christian Science Oral Testimonies. Working Papers in Sociolinguistics Number 26.

    Science.gov (United States)

    Demarest, Janice Lyski

    A sociolinguistic, ethnographic analysis of Christian Science oral testimonies is reported in this study. The study is based on the analysis of transcripts of four testimonial meetings of a branch church, interpreted through knowledge of Christian Science official literature, informal interaction with Christian Scientists, and knowledge of other…

  7. The Growing Admissibility of Expert Testimony by Clinical Social Workers on Competence to Stand Trial

    Science.gov (United States)

    Siegel, David M.

    2008-01-01

    Expert testimony by clinical social workers concerning a criminal defendant's competence to stand trial has increasingly been admitted in certain state courts over the past two decades, yet most state laws still require that court-appointed competence evaluators be psychiatrists or psychologists. Pressure to admit social workers' testimony will…

  8. Testimony and Narrative as a Political Relation: The Question of Ethical Judgment in Education

    Science.gov (United States)

    Adami, Rebecca; Hållander, Marie

    2015-01-01

    In this article, we explore the role of film in educational settings and argue that testimony and narrative are dependent upon each other for developing ethical judgments. We use the film "12 Angry Men" to enhance our thesis that the emotional response that sometimes is intended in using film as testimonies in classrooms requires a…

  9. From Empathy to Critical Reflection: The Use of Testimonies in The Training of Holocaust Educators

    Science.gov (United States)

    Bornstein, Lilach Naishtat; Naveh, Eyal

    2018-01-01

    How can we bridge the emotional and cognitive study of Holocaust testimonies in Israel? Can empathy be used as a stepping stone to critical reflection? And how can teachers address the manipulative popular interpretation of these testimonies in Israel, which seemingly place them beyond critical reflection? We examine these questions through an…

  10. 29 CFR 18.703 - Bases of opinion testimony by experts.

    Science.gov (United States)

    2010-07-01

    ... Bases of opinion testimony by experts. The facts or data in the particular case upon which an expert... 29 Labor 1 2010-07-01 2010-07-01 true Bases of opinion testimony by experts. 18.703 Section 18.703 Labor Office of the Secretary of Labor RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS...

  11. Changing roles of legal : on the impact of innovations on the role of legal professionals and legal departments in contracting practice

    NARCIS (Netherlands)

    Timmer, Ivar

    2016-01-01

    Legal departments play a pivotal role in the quality of contracts and contracting processes within an organization. This article reflects on current developments and innovations in contracting practice and their impact on the role of legal professionals and legal departments within organizations.

  12. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  13. 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...

  14. 12 CFR 404.35 - Procedures for requests for Ex-Im Bank employees to provide expert or opinion testimony.

    Science.gov (United States)

    2010-01-01

    ... employees to provide expert or opinion testimony. 404.35 Section 404.35 Banks and Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of Current and Former Ex-Im Bank... Bank documents. Any demand for expert or opinion testimony shall comply with the policies and...

  15. Examination of the "CSI Effect" on Perceptions of Scientific and Testimonial Evidence in a Hong Kong Chinese Sample.

    Science.gov (United States)

    Hui, Cora Y T; Lo, T Wing

    2017-05-01

    Television is a powerful medium through which to convey information and messages to the public. The recent proliferation of forensic science and criminal justice information throughout all forms of media, coupled with raised expectations toward forensic evidence, has led some to suspect that a "CSI effect" ( Crime Scene Investigation effect) is taking place. The present study contributes to the literature addressing the CSI effect in two ways. First, it examines whether the CSI effect exists in the Chinese population of Hong Kong. Second, using a mock-jury paradigm, it empirically examines a more integrative perspective of the CSI effect. It was found that, although the amount of media coverage involving forensic evidence does influence participants' perception of legal evidence to some degree, such a perception does not affect participants' legal decision making. Viewers of forensic dramas were not more likely to convict the defendant when forensic evidence was presented and not less likely to convict when only testimonial evidence was presented. The only significant predictor of the defendant's culpability when scientific evidence was presented was participants' ratings of the reliability of scientific evidence. Results from the present study lend no support to the existence of the CSI effect in Hong Kong.

  16. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  17. BETWEEN PSYCHOANALYSIS AND TESTIMONIAL SPACE: THE ANALYST AS A WITNESS.

    Science.gov (United States)

    Gondar, Jô

    2017-04-01

    The aim of this article is to think of the place of the witness as a third place that the analyst, in the clinical space of trauma, is able to sustain. According to Ferenczi, in traumatic dreams a third is already being summoned. It is not the witness of the realm of law, nor the place of the father or the symbolic law. This is a third space that can be called potential, interstitial space, indeterminate and formless, where something that at first would be incommunicable circulates and gradually takes shape. This space allows and supports the literalness of a testimonial narrative, its hesitations, paradoxes and silences. More than a trauma theory, the notion of a potential space would be the great contribution of psychoanalysis to the treatment of trauma survivors, establishing the difference between the task of a psychoanalyst and the one of a truth commission.

  18. Eyewitness testimony in autism spectrum disorder: a review.

    Science.gov (United States)

    Maras, Katie L; Bowler, Dermot M

    2014-11-01

    Autism spectrum disorder (ASD) is estimated to affect around 1% of the population, and is characterised by impairments in social interaction, communication, and behavioural flexibility. A number of risk factors indicate that individuals with ASD may become victims or witnesses of crimes. In addition to their social and communication deficits, people with ASD also have very specific memory problems, which impacts on their abilities to recall eyewitnessed events. We begin this review with an overview of the memory difficulties that are experienced by individuals with ASD, before discussing the studies that have specifically examined eyewitness testimony in this group and the implications for investigative practice. Finally, we outline related areas that would be particularly fruitful for future research to explore.

  19. Traceability and change in legal requirements engineering

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.; Winkels, R.

    2010-01-01

    While isomorphism of knowledge representation has been recognized as important, particularly to maintenance in legal knowledge representation, the requirements of the maintenance process in general get less attention. Traceability from knowledge resources used in the organization to the sources of

  20. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2013-05-03

    ... litigation management procedures and cost guidelines. DEAR 931.205-33 requires litigation and other legal... commonplace among businesses. The Legal Management Plan assists Department Counsel in understanding the contractor's internal procedures, litigation protocols and processes to manage costs. Legal Management Plans...

  1. 39 CFR 491.3 - Sufficient legal form.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false Sufficient legal form. 491.3 Section 491.3 Postal... AND THE POSTAL RATE COMMISSION § 491.3 Sufficient legal form. No document purporting to garnish... is legal process in the nature of garnishment; that it is issued by a court of competent jurisdiction...

  2. 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.

  3. 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…

  4. 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

  5. CBO Testimony: The Ability of the U.S. Military to Sustain an Occupation in Iraq

    National Research Council Canada - National Science Library

    Holtz-Eakin, Douglas

    2003-01-01

    .... This testimony describes the results of that work. In performing its analysis, CBO made no assumptions about how long the occupation might last or about the size of the force that might be necessary...

  6. Production Conditions of a kidnapping-testimonial literature boom in Colombia

    Directory of Open Access Journals (Sweden)

    Karen Lorena Romero Leal

    2017-01-01

    Alvaro Uribe, a period in which the farc became the enemy of the nation; therefore, the testimony denouncing their crimes echoed massively in privately owned media and in general in Colombian public opinion.

  7. Testimonial Ecology in Gioconda Belli’s El país de las mujeres

    OpenAIRE

    Joel Postema

    2015-01-01

    This article provides an analysis of the intersection between testimonial literature, ecological commentary, and feminist ideology as presented in Gioconda Belli’s 2010 novel El país de las mujeres.

  8. Testimonial Ecology in Gioconda Belli’s El país de las mujeres

    Directory of Open Access Journals (Sweden)

    Joel Postema

    2015-01-01

    Full Text Available This article provides an analysis of the intersection between testimonial literature, ecological commentary, and feminist ideology as presented in Gioconda Belli’s 2010 novel El país de las mujeres.

  9. The impact of Daubert on the admissibility of forensic anthropology expert testimony.

    Science.gov (United States)

    Lesciotto, Kate M

    2015-05-01

    Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post-Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self-regulating response to Daubert. © 2015 American Academy of Forensic Sciences.

  10. Congressional Panel Hears Conflicting Testimony about the Troubles of Big-Time College Sports.

    Science.gov (United States)

    Lederman, Douglas

    1989-01-01

    The House Subcommittee on Postsecondary Education heard testimony about both the positive aspects of intercollegiate sports and overcommercialization and corruption. The information gave legislators little sense of the federal government's role in overseeing college sports. (MSE)

  11. Effects of testimonial inconsistencies and eyewitness confidence on mock-juror judgments.

    Science.gov (United States)

    Brewer, Neil; Burke, Anne

    2002-06-01

    This study examined the interaction between testimonial consistency and eyewitness confidence on mock-jurors' judgments of probability that the defendant committed the crime and verdicts. In a 2 (testimonial consistency) x 2 (confidence) between-groups design, 130 mock-jurors listened to an audio-taped trial of a person charged with armed robbery. Manipulations were contained in the prosecution witness's responses to detailed questioning by prosecution and defense attorneys. Although consistency is considered to be a key marker of accuracy, its impact on judgments was weak and nonsignificant. Witness confidence had a strong influence on judgments, whether testimony was consistent or inconsistent. We suggested that witness confidence may be more likely to emerge as a dominant influence on juror judgments when the testimony is wide ranging rather than relatively brief and concerned only with a specific issue (e.g., identification confidence).

  12. Comprehension, Acceptance and Justification: Applying pragmatics to the epistemology of testimony

    OpenAIRE

    Pedersen, Kim Phillips

    2014-01-01

    The main question discussed in current debates about the epistemology of testimony concerns whether the justification of testimonial beliefs is inferential or non-inferential. This thesis offers a novel argument for inferentialism, the former view. It does so through, firstly, assuming a widely shared view about the psychology of comprehension – the inferential model of communication – along with widely shared views about the epistemic basing relation and inferential justification, and then, ...

  13. The Tobacco Deposition and Trial Testimony Archive (DATTA) project: origins, aims, and methods.

    Science.gov (United States)

    Davis, Ronald M; Douglas, Clifford E; Beasley, John K

    2006-12-01

    Research on previously secret tobacco industry documents has grown substantially during the past decade, since these documents first became available as the result of private and governmental litigation and investigations by the US Congress and the US Food and Drug Administration. Complementary research on tobacco litigation testimony is now being conducted through the Tobacco Deposition and Trial Testimony Archive (DATTA) project. We obtained transcripts of depositions and trial testimony, deposition and trial exhibits, expert reports, and other litigation documents from law firms, court reporter firms, individual lawyers and witnesses, tobacco company websites, and other sources. As of 3 March 2006, the publicly available collection of DATTA (http://tobaccodocuments.org/datta) contained 4850 transcripts of depositions and trial testimony, including a total of about 820,000 transcript pages. Transcripts covered testimony from 1957 to 2005 (85% were for testimony from 1990 to 2005) given by more than 1500 witnesses in a total of 232 lawsuits. Twelve research teams were established to study the transcripts, with each team covering a particular topic (for example, the health consequences of tobacco use, addiction and pharmacology, tobacco advertising and promotion, tobacco-product design and manufacture, economic impact of tobacco use, youth initiation of tobacco use, and public understanding of the risks of tobacco use and exposure to second-hand smoke). The teams used qualitative research methods to analyse the documents, and their initial findings are published throughout this journal supplement.

  14. 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

  15. Accumulated Testimony: Layering French Girls’ Diaries on the Algerian Exodus

    Directory of Open Access Journals (Sweden)

    Amy L Hubbell

    2014-01-01

    Full Text Available In 1997, French-Algerian author Leïla Sebbar published an illustrated children’s book, J’étais enfant en Algérie, juin 1962 (‘I was a child in Algeria, June 1962’ in which she creates the fictional account of a young girl from the interior of Algeria leaving her home during the great exodus of the French just prior to Algerian independence. Using the genre of diary writing, Sebbar’s text reads as testimonial of fleeing their country for a homeland they do not know. Although this text is intimate, Sebbar relies on accumulated scraps of collective experience that, when joined to her own, fill in the absence of her homeland. In 2013, French artist Nicole Guiraud published her personal diaries kept before and during her exodus from Algeria from April to July 1962. Her raw representation of traumatic upheaval is couched in a rich paratext including artwork, photographs, and German translations, that simultaneously intensifies her account and distracts the reader from the extreme pain behind her words. In this article I demonstrate how fictional and real accounts published in very different historical contexts convey the exodus experienced by almost one million individuals and how each author deploys a layering technique to simultaneously draw in and distance the reader from extraordinarily painful personal experience.

  16. Il valore della testimonianza – The Value of Testimony

    Directory of Open Access Journals (Sweden)

    Nicla Vassallo

    2008-03-01

    Full Text Available The following text is from my book Teoria della conoscenza published by Laterza some years ago. I have chosen to offer it here, in memory of my friend and colleague Flavio Baroncelli, for three basic reasons. First of all, more than twenty years ago, Flavio offered to be the supervisor of my graduate thesis on an epistemological theme in modern philosophy. I have not forgotten that possibility and have in recent times come to reflect upon both the type of epistemology and the philosophers that were beloved by Flavio. The text which follows these introductory remarks is a testament to this. Secondly, when he knew that I was interested in the epistemology of testimony, Flavio urged me to go on, because of the importance of that topic not only for general epistemology, but also for many other branches of philosophy. Thirdly, on the occasion of the publication of Teoria della conoscenza, Flavio participated on the round table in which it was presented to the public and had something like this to say: "I read the whole book with the same breath, as it was a detective story". In his memory, I cannot but hope to write other "detective stories".

  17. 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.

  18. 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.

  19. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

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

  20. 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. 

  1. Personality disorders at the interface of psychiatry and the law: legal use and clinical classification.

    Science.gov (United States)

    Johnson, Sally C; Elbogen, Eric B

    2013-06-01

    Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality disorders are assessed in forensic cases, and describes how personality disorders are viewed in different legal contexts. Reasons are identified why personality disorders are not generally accepted as significant mental illness within the legal system, including high incidence of personality dysfunction in criminal populations, frequent comorbidity of personality disorders making it difficult to determine direct causation, and difficulty determining where on a continuum personality traits should be defined as illness (or not). In summary, the legal system, to a significant degree, mirrors the clinical conception of personality disorders as not severe mental diseases or defects, not likely to change, and most often, under volitional control.

  2. The death of Loving: maternal identity as moral constraint in a narrative testimonial advocating physician assisted suicide.

    Science.gov (United States)

    Kenny, Robert Wade

    2002-01-01

    This article considers the narrative testimonial as a rhetorical form in the service of public judgment, with particular attention to the witness's credibility and communicative competence. The author argues that a narrator and witness, as a participant-observer of the events recounted, must generate a story that does not compromise her credibility as a moral agent within the text, and that the capacity to do so is largely a function of communicative competence. Carol Loving's recent book concerning her son's physician assisted suicide is critically assessed to illustrate the primary argument. The critique attempts to show that she neither creates a substantial argument for physician assisted suicide, nor does she warrant her role as a spokesperson for the issue because her narrative violates formative features of maternal identity. Loving's narrative also unintentionally reveals motivational clusters that conflict with and compromise the primary argument, thereby subverting the process of persuasive appeal. Whereas mothers are often mediators for their children in health matters ranging from colds, to psychiatric issues, to matters of death and dying, the failure of Carol Loving in this text, as well as its analysis, should be instructive and cautionary to health professionals who rely on maternal discourse in handling patients, as well as audiences who rely on narrative testimonials as content in their deliberation of public issues.

  3. 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

  4. Expert testimony on eyewitness evidence: in search of common sense.

    Science.gov (United States)

    Houston, Kate A; Hope, Lorraine; Memon, Amina; Don Read, J

    2013-01-01

    Surveys on knowledge of eyewitness issues typically indicate that legal professionals and jurors alike can be insensitive to factors that are detrimental to eyewitness accuracy. One aim of the current research was to assess the extent to which judges, an under-represented sample in the extant literature, are aware of factors that may undermine the accuracy and reliability of eyewitness evidence (Study 1). We also sought to assess the knowledge of a jury-eligible sample of the general public (drawn from the same population as the judges) and compared responses from a multiple choice survey with a scenario-based, response-generation survey in order to investigate whether questionnaire format alters the accuracy of responses provided (Study 2). Overall, judges demonstrated a reasonable level of knowledge regarding general eyewitness memory issues. Further, the jury-eligible general public respondents completing a multiple choice format survey produced more responses consistent with experts than did participants who were required to generate their own responses. The results are discussed in terms of the future training requirements for legal professionals and the ability of jurors to apply the knowledge they have to the legal context. Copyright © 2013 John Wiley & Sons, Ltd.

  5. 78 FR 39959 - Production of FHFA Records, Information, and Employee Testimony in Third-Party Legal Proceedings

    Science.gov (United States)

    2013-07-03

    ...: August 2, 2013. FOR FURTHER INFORMATION CONTACT: James P. Jordan, Senior Counsel, 202- 649-3075 (not a... Street SW., Washington, DC 20024. The telephone number for the Telecommunications Device for the Hearing...

  6. Theorizing Mediation: Lessons Learned from Legal Anthropology

    Directory of Open Access Journals (Sweden)

    Marc Simon Thomas

    2016-01-01

    Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.

  7. 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…

  8. 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.

  9. 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)

  10. 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.

  11. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

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

  12. latin American literary testimony: historical foreshadowing of gender in the revolutionary discourse of the sixties

    Directory of Open Access Journals (Sweden)

    Victoria García

    2015-06-01

    Full Text Available The foundation of testimonio in Latin American literary field, initiated at the end of the ‘60, makes part of the institutionalization of the Cuban revolution, process where its projection to the rest of Latin America constitued a central problem. This paper studies political preconditions of testimonio. In particular, it analizes certain aspects of Cuban revolutionary discourse that anticipate features eventually developed by the literary genre, in the ways the relation between literature and politics is represented, and in the subjects of discourse that are proposed as embodiments of such relation. The paper introduces the question of Cuban revolution, as regards the exemplary status it acquired in Latin America during the sixties. Then, it examines the literary positioning represented by testimonio, as the corollary of a reflexive reconsideration operated by some Latin American writers and critics, concerning their historical role. Finally, it considers three representative documents of Cuban revolution and its continental projection: History will absolve me, by Fidel Castro, and Reminiscences of the Cuban revolutionary war and Bolivian diary, by Ernesto Guevara. We show the textual configuration of a revolutionary subject whose legitimity emerges not only from a political experience which testimony enunciates, but also from particular ways of living and representing literature in the context of a revolutionary practice. In the end of the sixties, the continental literary field would reaffirm such features as its discourse legitimating criteria, during the institutionalization of testimonio as its privileged genre.

  13. 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.

  14. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

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

  15. 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)

  16. 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

  17. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  18. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

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

  19. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  20. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

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

  1. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

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

  2. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

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

  3. I've Got a Testimony: James Baldwin and the Broken Silences of Black Queer Men

    Directory of Open Access Journals (Sweden)

    McKinley E Melton

    2016-12-01

    Full Text Available James Baldwin writes within and against the testimonial tradition emerging from the Black Church, challenging the institution’s refusal to acknowledge the voices and experiences of black queer men. Baldwin’s autobiographical novel, Go Tell It on the Mountain, creates a space for Baldwin’s testimony to be expressed, and also lays the foundation for a tradition of black queer artists to follow. In the contemporary moment, poet Danez Smith inhabits Baldwin’s legacy, offering continuing critiques of the rigidity of conservative Christian ideologies, while publishing and performing poetry that gives voice to their own experiences, and those of the black queer community at large. These testimonies ultimately function as a means of rhetorical resistance, which not only articulates black queer lives and identities, but affirms them.

  4. [Historical connection between memory and testimony psychology by an experimental study of Seiichi Terada in Japan].

    Science.gov (United States)

    Wakabayashi, Kosuke; Sato, Tatsuya

    2012-08-01

    In Japan, Seiichi Terada (1884-1922) was the first psychologist who applied psychological knowledge to the field of law, working in collaboration with the law professor Eiich Makino (1878-1970). Terada's work was mainly in the tradition of clinical psychology, although in his 1915 paper titled "How useful are testimonies?" he described a set of seven experiments concerned with the empirical relationship between eyewitness testimony and memory. This is probably the first experimental study of law and psychology carried out in Japan. This article introduces Terada's history as a psychologist, and his collaboration with Makino, followed by explanation of their experiments. Finally, we discuss perspectives on testimony research in consideration of Terada's approach.

  5. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

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

  6. Fight Against Terrorism: Legal Traditions of International Organizations Formation

    OpenAIRE

    Zoya Sh. Matchanova

    2016-01-01

    In article process of forming of legal traditions of the international organizations in the field of fight against terrorism is considered. Including a subject of forming and development of legal traditions of the international organizations by the perspective scientific direction, the author notes that forming of legal traditions of anti-terrorist activities at the level of the regional international organizations happens more actively, than at the universal international level. In article i...

  7. 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.

  8. Addiction and Spiritual Transformation. An Empirical Study on Narratives of Recovering Addicts’ Conversion Testimonies in Dutch and Serbian Contexts

    NARCIS (Netherlands)

    Sremac, S.; Ganzevoort, R.R.

    2013-01-01

    The article examines how recovering drug addicts employ testimonies of conversion and addiction to develop and sustain personal identity and create meaning from varied experiences in life. Drawing on 31 autobiographies of recovering drug addicts we analyze conversion and addiction testimonies in two

  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 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.

  11. The Poetry of Holocaust Survivor Testimony: Towards a New Performative Social Science

    Directory of Open Access Journals (Sweden)

    Frances Rapport

    2008-05-01

    Full Text Available Performative Social Science provides the research scientist with a much needed platform to move beyond traditional approaches to data collection, analysis and the presentation of study findings towards a response to research questions that closely resonates with the raw materials at hand. For the Performative Social Scientist's voice to be heard, new ways must be found to consider how best to represent the social world, relaxing longstanding and rigid qualitative research frameworks in favour of more contemporary and flexible approaches to working that welcome inter-disciplinary practice. By re-defining the theoretical and paradigmatic boundaries of our studies we can then encourage others to consider a range of alternative positions from which to view the world. The paper embraces the potential such a platform offers by presenting one Holocaust survivor's lived experiences of these extraordinary events including internment in Auschwitz-Birkenau concentration camp. Through a visual and textual journey that employs photographs and poetic representations derived from one "research conversation" with the survivor, a "photo-textual montage" aims to engender a more empathic response to survivor testimony. The paper also attempts a novel juxtaposition of images and words to present a richer understanding of the researcher's relationship with the survivor, the research process and research outputs. In effect, the paper maps aspects of the research process in "coming to know" the data in chronological, temporal and spatial frames whilst emphasising the importance of presentation style, format and layout. This paper makes visible what is often invisible in more traditional approaches—the researchers own personal journey and the insights that this affords. URN: urn:nbn:de:0114-fqs0802285

  12. Türkiye’de Bakanlık Tipi Örgütlenme: Tarihsel ve Yasal Süreç(Ministerial Type Organization in Turkey: Historical and Legal Processes

    Directory of Open Access Journals (Sweden)

    Mustafa LAMBA

    2014-06-01

    Full Text Available Aim of this paper is to analyse the evolution of ministerial organisations in terms of historical and legal processes in Turkey with a descriptive method of literature and legislation review. Archetypes of ministries are constituted in Europe by classification of services and for the purpose of strengthening the centralism. The ministries, first established within the reign of Mahmut II in Turkey, had increased in number in time with variation of public services and practice of ministry of state. Regulations made on year 2011 had abolished the state ministries, created new seperate ministries in place of the services which handled by the state ministries and established the post of ministery of state practice similar to European samples. Today, the transformation of public administration affected by the globalization and the European union is the main determinant of the transition of Turkey’s ministerial structure.

  13. Autobiographical memories in testimonies of WWII Veterans with dementia

    Directory of Open Access Journals (Sweden)

    Tricia Olea Santos

    2015-04-01

    Full Text Available This study is a continuation of investigations of personal narratives of healthy older adults and those with aphasia. It focuses on autobiographical memories in testimonies of elderly WWII veterans with dementia, with particular emphasis on emotional events that occurred at the time of their memory peak. This study describes how declines in memory affect changes in language in narratives of memorable experiences at the time in old age when life review is typically experienced. Ten WWII veterans with dementia were selected from a larger study of healthy elderly veterans. Participants were between the ages of 86-91 years old, with the majority obtaining higher education. Based on the Arizona Battery for Communication Disorders of Dementia, participants demonstrated dementia of mild-to-moderate severity. Semi-structured interviews were conducted to elicit memorable war experiences. Modifications to the interview were made, such as the use of photos to set the topic and occasional closed-ended questions to facilitate responses. Information was recorded and analyzed in terms of the amount and specificity of linguistic information, overall coherence of narratives, and the evaluations of memorable war experiences. The participants were not able to produce complete narratives; they instead relayed short episodes of their war experiences. Difficulties with semantic and episodic memory were reflected in the reduced length of their stories. Anomia was inherent in these episodes, as evidenced by the absence of specific names, dates and places. Lack of specificity was exhibited in reduced details and the use of nonspecific referents, such as “thing,” “stuff,” “there.” Participants produced coherent short story episodes. Coherence in episodic structure was maintained by the ability to relate events in a temporal sequence. Repetition was a strategy that served essential functions of emphasizing a point and/or clarifying breakdowns in communication

  14. 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.

  15. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  16. 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.

  17. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

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

  18. 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.

  19. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

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

  20. 16 CFR 1502.26 - Purpose; oral and written testimony; burden of proof.

    Science.gov (United States)

    2010-01-01

    ... hearing is the fair determination of relevant facts consistent with the right of all interested persons to... testimony is insufficient for a full and true disclosure of relevant facts and that the participant will be... means of developing the evidence are insufficient for a full and true disclosure of the facts and that...

  1. Undermining Reasonableness: Expert Testimony in a Case Involving a Battered Woman Who Kills

    Science.gov (United States)

    Terrance, Cheryl; Matheson, Kimberly

    2003-01-01

    Student participants (N = 316) viewed a videotaped simulated case involving a woman who had entered a self-defense plea in the shooting death of her abusive husband. As successful claims of self-defense rest on the portrayal of a defendant who has responded reasonably to his/her situation, the implications of various forms of expert testimony in…

  2. The Voice of the Innocent: Propaganda and Childhood Testimonies of War

    Science.gov (United States)

    de La Ferrière, Alexis Artaud

    2014-01-01

    Childhood testimonies have become a familiar component of war reporting and peace advocacy through the publication of children's drawings, oral descriptions of wartime trauma and wartime writing. While such practices have the merit of publicising children's experiences, it is also the case that the selection and distribution of these materials is…

  3. El rasgo testimonial en la semántica del pasado búlgaro

    Directory of Open Access Journals (Sweden)

    Alfons Olivares Niqui

    2010-11-01

    Full Text Available Le verbe bulgare presente des characteristiques différentes des autres langues indoeuropéennes. L’apparition des formes de la narration indirecte, la série des parafaits secondaires et d’autres sont des innovations concernant la valeur particulière du facteur testimonial dans la langue moderne.

  4. 15 CFR 2003.2 - Testimony and submission of written briefs.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Testimony and submission of written briefs. 2003.2 Section 2003.2 Commerce and Foreign Trade Regulations Relating to Foreign Trade Agreements OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE REGULATIONS OF TRADE POLICY STAFF COMMITTEE § 2003.2...

  5. 15 CFR 2003.4 - Presentation of oral testimony at public hearings.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Presentation of oral testimony at public hearings. 2003.4 Section 2003.4 Commerce and Foreign Trade Regulations Relating to Foreign Trade Agreements OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE REGULATIONS OF TRADE POLICY STAFF COMMITTEE...

  6. Young and Older Adult Eyewitnesses' Use of Narrative Features in Testimony

    Science.gov (United States)

    Allison, Meredith; Brimacombe, C. A. Elizabeth; Hunter, Michael A.; Kadlec, Helena

    2006-01-01

    This study examined the relationship between witness age, narrative features in testimony, and the perceived credibility of witnesses. Ninety older and young adult witnesses to a staged theft were videotaped as they freely recalled crime events. Later, participant-jurors viewed the videos and assessed the witnesses' credibility. Operational…

  7. Higher Education Benefits for Post-9/11 Military Service Members and Veterans. Testimony. CT-428

    Science.gov (United States)

    Gonzalez, Gabriella C.; Miller, Laura L.; Buryk, Peter; Wenger, Jennie W.

    2015-01-01

    This testimony was presented before the House Veterans' Affairs Committee, Subcommittee on Economic Opportunity on March 17, 2015. To inform the Subcommittee hearing on the Department of Veterans Affairs' administration of its education programs, and the educational and training needs of post-9/11 veterans, the presenters offered the statement in…

  8. Service to the South African society through prophetic testimony as a liturgical act

    Directory of Open Access Journals (Sweden)

    Ben J. de Klerk

    2013-01-01

    Full Text Available It is suggested that a clear prophetic voice of the congregational gathering could change the society to which the congregants belong. The problem is that this prophetic voice seems to have disappeared in many cases. A solution might be found if the point of view is taken that the prophetic voice in the congregational gathering is heard in the liturgical acts or rites. In the science of Liturgy attention must be given to the revitalisation of the gift of prophesy. In this article the prophetic testimony of the Old Testament prophets and of the Prophet, Jesus Christ, were used as sources. Following in the footsteps of Brueggemann, an effort will be made to establish in relevant scripture passages what the attitude and practise of prophetic testimony should be. The possibility of rendering service through prophetic testimony as a liturgical act in the South African society is wide open. Prophetic testimony serves to criticise the dominant perception in order to dismantle it, but is also serves to energise persons and communities by its promise of another time and situation towards which the community of faith could move.

  9. CBO Testimony: Statement of Robert F. Hale, Assistant Director, National Security Division, Congressional Budget Office

    National Research Council Canada - National Science Library

    Hale, Robert F

    1991-01-01

    .... This testimony, by Robert F. Hale, Congressional Budget Office, covers the following topics: Socioeconomic Backgrounds of Enlisted Recruits, Racial Mix of Enlisted Recruits, Shifts in Recruiting during the 1980s, Altering the Composition of the Military: Reserve Mobilization and Conscription, and Should the Social Composition of the Military be a Concern?

  10. Reliability of Children’s Testimony in the Era of Developmental Reversals

    Science.gov (United States)

    Brainerd, C. J.; Reyna, V. F.

    2012-01-01

    A hoary assumption of the law is that children are more prone to false-memory reports than adults, and hence, their testimony is less reliable than adults’. Since the 1980s, that assumption has been buttressed by numerous studies that detected declines in false memory between early childhood and young adulthood under controlled conditions. Fuzzy-trace theory predicted reversals of this standard developmental pattern in circumstances that are directly relevant to testimony because they involve using the gist of experience to remember events. That prediction has been investigated during the past decade, and a large number of experiments have been published in which false memories have indeed been found to increase between early childhood and young adulthood. Further, experimentation has tied age increases in false memory to improvements in children’s memory for semantic gist. According to current scientific evidence, the principle that children’s testimony is necessarily more infected with false memories than adults’ and that, other things being equal, juries should regard adult’s testimony as necessarily more faithful to actual events is untenable. PMID:23139439

  11. Trust in Testimony about Strangers: Young Children Prefer Reliable Informants Who Make Positive Attributions

    Science.gov (United States)

    Boseovski, Janet J.

    2012-01-01

    Young children have been described as critical consumers of information, particularly in the domain of language learning. Indeed, children are more likely to learn novel words from people with accurate histories of object labeling than with inaccurate ones. But what happens when informant testimony conflicts with a tendency to see the world in a…

  12. Effects of Detail in Eyewitness Testimony on Decisions by Mock Jurors.

    Science.gov (United States)

    Heath, Wendy P.; Grannemann, Bruce D.; Sawa, Stephanie E.; Hodge, Kristine M.

    1997-01-01

    Investigated the effects of the presence and typicality of detail in a witness' testimony on mock juror judgments. Results indicate that the presence of detail affected the ratings of witnesses. Atypical or typical detail provided by one witness, with no detail provided by the opposing witness, enhanced assessments of the former. (RJM)

  13. Testimony of Kevin Huffman, Tennessee Commissioner of Education, before the House Committee on Education and Labor

    Science.gov (United States)

    Huffman, Kevin

    2011-01-01

    This paper presents the testimony of Kevin Huffman, Tennessee Commissioner of Education, before the House Committee on Education and Labor. He talks about the work done by the Tennessee Department of Education to improve education for the nearly 950,000 public school students in Tennessee. He starts by providing some context about his and his…

  14. Discourse as a measure for reality : Explaining readership faith in false testimony

    NARCIS (Netherlands)

    Faber, A.S.C.

    2016-01-01

    The Holocaust formed the backdrop for a great variety of narratives, ranging from testimonies of the likes of Primo Levi and Elie Wiesel to popular books like Sarah's Key and The Baker's Daughter. An interesting fringe phenomenon of the infinite amount of stories that address this subject is the

  15. Using a Videotape Clip to Demonstrate the Fallibility of Eyewitness Testimony.

    Science.gov (United States)

    Gee, Nancy R.; Dyck, Jennifer L.

    1998-01-01

    Describes a classroom demonstration that uses a video clip of a robbery from the film "Robocop" to illustrate the fallibility of eyewitness testimony. Students view the clip and complete a multiple-choice test concerning the episode. The ubiquitous poor test performance can be used for an interesting and productive discussion. (MJP)

  16. The influence of power and reason on young Maya children's endorsement of testimony.

    Science.gov (United States)

    Castelain, Thomas; Bernard, Stéphane; Van der Henst, Jean-Baptiste; Mercier, Hugo

    2016-11-01

    Two important parenting strategies are to impose one's power and to use reasoning. The effect of these strategies on children's evaluation of testimony has received very little attention. Using the epistemic vigilance framework, we predict that when the reasoning cue is strong enough it should overcome the power cue. We test this prediction in a population for which anthropological data suggest that power is the prominent strategy while reasoning is rarely relied on in the interactions with children. In Experiment 1, 4- to 6-year-old children from a traditional Maya population are shown to endorse the testimony supported by a strong argument over that supported by a weak argument. In Experiment 2, the same participants are shown to follow the testimony of a dominant over that of a subordinate. The participants are then shown to endorse the testimony of a subordinate who provides a strong argument over that of a dominant who provides either a weak argument (Experiment 3) or no argument (Experiment 4). Thus, when the power and reasoning cues conflict, reasoning completely trumps power. © 2015 John Wiley & Sons Ltd.

  17. Reflections from the Jury Box: Improving Evidence Based Practice through a Comparison with Our Legal System

    Directory of Open Access Journals (Sweden)

    Valerie Coppenrath

    2017-08-01

    Full Text Available Background: An experience serving jury duty prompted reflection on the parallels between evidenced based medicine and our legal system. Findings: The steps of the legal system can be tied to each step of the practice of evidenced based medicine. Implications: Patients should be included in evidence based decisions. Pharmacists can act as resources for other providers practicing evidenced based medicine. Educators can use this analogy to teach evidence based medicine. Conflict of Interest We declare no conflicts of interest or financial interests that the authors or members of their immediate families have in any product or service discussed in the manuscript, including grants (pending or received, employment, gifts, stock holdings or options, honoraria, consultancies, expert testimony, patents and royalties.   Type: Commentary

  18. 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,

  19. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  20. European stem cell research in legal shackles

    NARCIS (Netherlands)

    Nielen, M.G.; de Vries, S.A.; Geijsen, N.

    2013-01-01

    Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brustle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent

  1. 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…

  2. 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)

  3. 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…

  4. LEGAL FUNDS AND COLLECTIONS OF MODERN LIBRARIES: FORMATION, DEVELOPMENT

    Directory of Open Access Journals (Sweden)

    О. О. Пестрецова

    2017-10-01

    Full Text Available One of the promising areas in the work of modern libraries that combine the traditional functions of the library with the functions of industry information centers is legal informing and information support of the law-making process. The globalization of the economy and political integration raise the issue not just about accumulation, processing, storage of national legal information, but also about the importance of literature collections on legal comparativistics, information support of transnational law. The article deals with the experience of foreign and domestic law libraries. Much attention is given to the main tasks and forms of legal libraries work, formation and development of legal funds and literature collections. The libraries that are charged with the functions the accumulation of legal resources suggests the active participation in this informational activity of the two types of libraries: the government libraries with the status of national that provide access to documents of national importance, carry out information support of political and legal processes. Another type of law libraries – academic, which providing the educational process and at the same time are centers of legal information, not only for the university community, but also for professional communities, regional authorities, civil society.

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

    Science.gov (United States)

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

    2013-09-01

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

  6. Human genetic information: the legal implications.

    Science.gov (United States)

    Brahams, D

    1990-01-01

    This paper provides a brief summary of some of the key legal issues raised by human genetic information and research as viewed from a British common law standpoint. The law is basically reactive rather than prospective and problems posed by futuristic medico-scientific discoveries are likely to be dealt with by reference to established legal principles and analogies made with decided cases. The acquisition and research into human genetic information in the form of DNA profiling may have wide-ranging legal implications. Human genetic information may provide an evidential tool in the legal process when the identity of a specific individual or his family connections and relationships are called into question. It may also pose problems of confidentiality which could conflict with a duty of disclosure. In the future it may be possible to identify a propensity to develop a disease which may be seriously disabling or terminal long before any symptoms are detectable. This sensitive information could be of considerable interest to any prospective employer, insurer, marriage partner or family member and is of serious concern to the individual himself. How far should or could such information lawfully be made available and to whom? Legal debates are also likely to focus on ownership of human genetic information, the patenting of techniques to unravel it, and therapies and medicines developed therefrom. The law will be invoked to safeguard any intellectual property which may exist and to patent any inventive steps in the field.(ABSTRACT TRUNCATED AT 250 WORDS)

  7. 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

  8. 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.

  9. Potential in Legal Communication: What's The Verdict?

    Science.gov (United States)

    Welch, Caroline

    1976-01-01

    Examines recent research on defendent's attractiveness, note-taking, language, and eyewitness testimony and investigates the relationship of these variables to the effectiveness and fairness of traditional courtroom proceedings. (MH)

  10. 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

  11. 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

  12. Legal perceptions of forensic DNA profiling part I: a review of the legal literature.

    Science.gov (United States)

    Walsh, Simon J

    2005-12-01

    A forensic biologist is usually involved in the criminal justice system process somewhere between the police and the legal system, interacting in a practical context regularly and extensively with both. Forensic DNA research and development commonly involves initiatives that encroach into the neighbouring domains of the law enforcement or legal agencies. Despite this level of association, establishing meaningful cross-disciplinary communication and understanding within the justice system remains a challenge. As an example, there is an abundance of literature relating to forensic DNA profiling in legal and criminological periodicals. Such journals are perhaps outside the regular reading of forensic scientists and much of the legal discussion appears to go unnoticed. This situation is understandable; however, it is also undesirable particularly as forensic DNA developments are intertwined with significant changes in legislation and contentious issues of privacy, civil liberty and social justice. This paper attempts to address this shortcoming directly by summarising - from the viewpoint of a forensic scientist - some of the discussion in the legal literature. In particular the review focuses on discussion raising ideological and ethical concerns. Awareness of these views is of relevance to forensic science. It assists us to accurately place DNA evidence into context and to develop its role in achieving the broader criminal justice system objectives. Understanding the discussion also provides a way to enter the debate and communicate at an appropriate level the true potential of DNA to the legal community.

  13. Cross-categorization of legal concepts across boundaries of legal systems: in consideration of inferential links

    DEFF Research Database (Denmark)

    Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard

    2014-01-01

    This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp’s probabili......This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp......’s probabilistic model of theory formation in the context of mapping legal concepts between two individual legal systems. For implementing the legal concept mapping, we propose a cross-categorization approach that combines three mathematical models: the Bayesian Model of Generalization (BMG; Tenenbaum......-IRM (n-IRM) proposed by Herlau et al. (IEEE International Workshop on Machine Learning for Signal Processing, 2012). We apply our cross-categorization approach to datasets where legal concepts related to educational systems are respectively defined by the Japanese- and the Danish authorities according...

  14. 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.

  15. 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

  16. 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...

  17. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

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

    2018-01-01

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

  18. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  19. 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

  20. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

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

  1. 12 CFR 404.30 - Factors General Counsel may consider in determining whether to authorize testimony and/or the...

    Science.gov (United States)

    2010-01-01

    ... Banking EXPORT-IMPORT BANK OF THE UNITED STATES INFORMATION DISCLOSURE Demands for Testimony of Current... business; (b) Undue burden—whether the demand creates an undue burden upon Ex-Im Bank or is otherwise...

  2. Timing of eyewitness expert testimony, jurors' need for cognition, and case strength as determinants of trial verdicts.

    Science.gov (United States)

    Leippe, Michael R; Eisenstadt, Donna; Rauch, Shannon M; Seib, Hope M

    2004-06-01

    In 2 experiments, college students read a murder-trial transcript that included or did not include court-appointed expert testimony about eyewitness memory. The testimony either preceded or followed the evidence, and the judge's final instructions reminded or did not remind jurors about the expert's testimony. Expert testimony decreased perceptions of guilt and eyewitness believability when it followed the evidence and preceded the judge's reminder. This effect occurred whether the prosecution case was moderately weak or moderately strong. Jurors' need for cognition (NC) was curvilinearly related to convictions in a strong case. Low and high NC jurors convicted less than did moderate NC jurors. Greater scrutiny by high NC jurors may make them more likely to consider evidence for the weaker side. (c) 2004 APA

  3. 75 FR 13306 - Copyright Royalty Judges’ Authority to Subpoena a Nonparticipant to Appear and Give Testimony or...

    Science.gov (United States)

    2010-03-19

    ...). Thus, according to Live 365, Congress must have been contemplating the ability to compel testimony from... (8th ed. 2004). Additionally, Corpus Juris Secundum: A Contemporary Statement of American Law as...

  4. Composite holographic associative recall model (CHARM) and blended memories in eyewitness testimony.

    Science.gov (United States)

    Metcalfe, J

    1990-06-01

    The idea that compositing or blending occurs in human episodic memory stems from two sources: (a) distributed memory models and (b) studies on the errors that occur in eyewitness testimony. These two traditions of research--theoretical and empirical--have been independent and distinct. Here, data from the eyewitness testimony paradigm are simulated by the distributed model CHARM (Composite Holographic Associative Recall Model). Of focal concern are Loftus's studies, which have been interpreted in favor of the blending hypothesis, and McCloskey and Zaragoza's studies, which have been interpreted as refuting Loftus's position. Both of these seemingly contradictory results, as well as recent findings with yes/no recognition, fall out of the model. Finally, the model predicts empirically found color shifts and provides specifications for when blends and memory impairments will and will not be expected.

  5. Does post-identification feedback affect evaluations of eyewitness testimony and identification procedures?

    Science.gov (United States)

    Douglass, Amy Bradfield; Neuschatz, Jeffrey S; Imrich, Jennifer; Wilkinson, Miranda

    2010-08-01

    Two experiments were conducted to test whether post-identification feedback affects evaluations of eyewitnesses. In Experiment 1 (N = 156), evaluators viewed eyewitness testimony. They evaluated witnesses who received confirming post-identification feedback as more accurate and more confident, among other judgments, compared with witnesses who received disconfirming post-identification feedback or no feedback. This pattern persisted regardless of whether the witness's confidence statement was included in the testimony. In Experiment 2 (N = 161), witness evaluators viewed the actual identification procedure in which feedback was delivered. Instructions to disregard the feedback were manipulated. Again, witnesses who received confirming feedback were assessed more positively. This pattern occurred even when witness evaluators received instructions to disregard the feedback. These experiments are the first to confirm researchers' assumptions that feedback effects on witnesses translate to changes in judgments of those witnesses.

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

    OpenAIRE

    MATEJ SAVIĆ

    2016-01-01

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

  7. Applying Legal Socialization to the Child Welfare System: Do Youths' Perceptions of Caseworkers Matter?

    Science.gov (United States)

    Kolivoski, Karen M.; Shook, Jeffrey J.; Johnson, Heath C.; Goodkind, Sara; Fusco, Rachel; DeLisi, Matt; Vaughn, Michael G.

    2016-01-01

    Background: Legal socialization is the process through which young people develop beliefs in the legitimacy of the law and legal system. Research has examined how perceptions of interactions with authority figures influence beliefs regarding the legitimacy of laws and legal system, thereby shaping compliance with the law (Fagan and Tyler in…

  8. 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.

  9. Justice and Testimony between Image and Word. Foundations for a Photographic Study of Guerrilla Movements in Central America

    OpenAIRE

    Hernández Hernández, Pablo

    2014-01-01

    This paper presents and discusses a conceptual perspective on the relationship between documentary photography and testimonial literature. The conceptual perspective focuses on the performative aspect of language, in the case of testimonial literature (speech act), and raises the possibility of understanding documentary photographic images from this same performative aspect, as an image act. This theoretical procedure involves a philosophical assessment of our concepts of justice and of the f...

  10. Testimony before the US-China Economic Security Review Commission: China's Agriculture Policy and US Access to China's Market

    OpenAIRE

    Dermot J. Hayes

    2013-01-01

    Testimony before the US-China Economic and Security Review Commission on April 25, 2013, by Dermot Hayes, professor of Economics and Finance, Iowa State University. Testimony covers impacts on food demand from China's rising incomes and urbanization; the viability of China's attempt to remain self-sufficient in meat and key staple crop production under inherent supply constraints, and the possible technological- and policy-based measures they may pursue in regard of such constraints; and, the...

  11. Shifting terrains: Art psychotherapists’ testimonies and reflections on employment in austerity Britain

    OpenAIRE

    MacKinnon, Emma; Myles, Alice; Page, Kristina; Shelhi, Taiseer; Westwood, Jill

    2017-01-01

    This article considers the experiences of four recently qualified art psychotherapists as they move from training into work. It highlights the issues encountered and reflects the shifting field of employment as austerity Britain bites into public services and shapes possibilities. Creative testimonies of four women art psychotherapists are presented in collaboration with a woman art psychotherapy educator. Various themes are identified which include; the emotional experiences of change and tr...

  12. The relation between the effects of testimonials' sources and the cognitive, affective and behavioural changes

    Directory of Open Access Journals (Sweden)

    Tudor Tocila

    2016-06-01

    Full Text Available Purpose – Endorsement strategies have a well-known potential of generating good results and there are various studies which refer to the endorsement sources as either a contextually effective or ineffective strategy. The present study is a new approach on this topic and it aims at identifying whether there are significant attitude changes towards the service category after the exposure to different types of service brand testimonials or not. The service category is represented by cosmetic treatments. The attitude structure in this study specifies three distinct components: the affective, the behavioural and the cognitive one. Design/methodology/approach –The study was conducted on a sample of 426 males and females from Romania. Each subject was exposed to testimonials coming from experts, celebrities and satisfied customers who were endorsing a branded cosmetic treatment. Measurements included endorsers’ perceived credibility and changes in affective, cognitive and behavioural attitudes towards the service category. Findings – Credibility derived from brand testimonials has an impact on the service category, as all three changes have been significant. The change in behavioural attitude was the most affected by perceived credibility, closely followed by the change in affective attitude and the change in cognitive attitude. Gender differences were also discussed. Research limitations/implications – The measurement of the endorsement's effect was performed only through the instrumentality of credibility. Another limitation is the survey context in which subjects got in contact with testimonials. Originality/value – This research is useful for both academics and practitioners, offering insights for those who are interested in attitude research and for those activating in the field of beauty service industry.

  13. Testimonial career: an operator of the dynamics of memory and communication

    Directory of Open Access Journals (Sweden)

    Béatrice FLEURY

    2012-01-01

    Full Text Available If the witness becomes a part of the relationship between memory and communication, we contribute to the evolution of research on the testimony, particularly exposing the individual and collective patterns that form the basis of the gesture. Drawing on the work of interactionist sociology, in particular occupational groups, we propose in this article to trace key moments in the career of a witness and clarify the evolutionary relationship that he has with a group and / or society.

  14. Social antecedents of children's eyewtness testimony a single-subject experimental analysis.

    Science.gov (United States)

    Doepke, Karla J; Henderson, Angela L; Critchfield, Thomas S

    2003-01-01

    In a laboratory simulation, a single-subject design was used to examine the effects of two types of social influence on children's eyewitness testimony, which has not been the subject of systematic behavioral analyses. This study replicates and extends findings from group-comparison studies, and shows that a topic of pressing social importance is amenable to analysis at the individual level, and therefore, potentially, to a behavioral analysis.

  15. Listening to the patient's self-reported testimony: the authentic hermeneutical witness to the compassionate nurse?

    Science.gov (United States)

    Bradshaw, Ann

    2014-01-01

    This paper considers whether the patient's self-reported testimony of nursing care provides an authentic basis for nursing knowledge. An international nursing and philosophical literature gives international relevance. United Kingdom reports detail patients' complaints about nursing care. Many are personal self-reported testimonies published in the media, but discounted by the nursing profession. Discussion paper. Data sources 1873-2012 include policy documents, nursing studies involving grounded theory, phenomenology and narrative inquiry, nursing textbooks 1882-1971 and the interpretive paradigms of Glaser and Strauss, Heidegger, Ricoeur and Gadamer. Nursing researchers use qualitative methodologies to understand the patient's experience of nursing. Three exemplars reveal epistemological and ontological problems. Epistemologically, researchers are controlling data, their selection and interpretation. Ontologically, the researcher's present horizon dominates because no consideration is given to the historical horizon and context where the tradition of nursing developed and defined the nurse. Arguably, patients' expectations of compassionate nurses bear witness to this past horizon. Patients' self-reported testimonies should be taken seriously as an evidence base for understanding and improving nursing care. Nursing researchers using qualitative methods should be transparent about their pre-judgements. Connections with the past horizon of nursing history should be made to cast light on the present horizon. Patients' self-reported testimonies are more congruent with methods of narrative inquiry than data solicited and filtered by the interviewer's undeclared pre-judgement. They bear witness to the horizon of the past and the meaning and purpose of nursing, its values and ethos. © 2013 John Wiley & Sons Ltd.

  16. Legal Cynicism and Parental Appraisals of Adolescent Violence

    Science.gov (United States)

    Soller, Brian; Jackson, Aubrey L.; Browning, Christopher R.

    2014-01-01

    Research suggests that legal cynicism—a cultural frame in which the law is viewed as illegitimate and ineffective—encourages violence to maintain personal safety when legal recourse is unreliable. But no study has tested the impact of legal cynicism on appraisals of violence. Drawing from symbolic interaction theory and cultural sociology, we tested whether neighbourhood legal cynicism alters the extent to which parents appraise their children’s violence as indicative of aggressive or impulsive temperaments using data from the Project on Human Development in Chicago Neighborhoods. We find that legal cynicism attenuates the positive association between adolescent violence and parental assessments of aggression and impulsivity. Our study advances the understanding of micro-level processes through which prevailing cultural frames in the neighbourhood shape violence appraisals. PMID:24932013

  17. 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)

  18. 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,

  19. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

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

  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. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

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

  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. 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...

  4. Evaluation of a Drowning Prevention Program Based on Testimonial Videos: A Randomized Controlled Trial.

    Science.gov (United States)

    Shen, Jiabin; Pang, Shulan; Schwebel, David C

    2016-06-01

    Unintentional drowning is the most common cause of childhood death in rural China. Global intervention efforts offer mixed results regarding the efficacy of educational programs. Using a randomized controlled design, we evaluated a testimonial-based intervention to reduce drowning risk among 280 3rd- and 4th-grade rural Chinese children. Children were randomly assigned to view either testimonials on drowning risk (intervention) or dog-bite risk (control). Safety knowledge and perceived vulnerability were measured by self-report questionnaires, and simulated behaviors in and near water were assessed with a culturally appropriate dollhouse task. Children in the intervention group had improved children's safety knowledge and simulated behaviors but not perceived vulnerability compared with controls. The testimonial-based intervention's efficacy appears promising, as it improved safety knowledge and simulated risk behaviors with water among rural Chinese children. © The Author 2015. Published by Oxford University Press on behalf of the Society of Pediatric Psychology. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  5. Conversion and the Real: The (Im)Possibility of Testimonial Representation.

    Science.gov (United States)

    Sremac, Srdjan

    Although the spiritual vibration of conversion can be felt (by the curious outsider) through what conversion performers say in their testimonial discourse, what transforms the convert 'on stage' into a 'new being' and what is 'the real' ( le réel ) in conversion performance remain unclear. An important question in this connection is, What is 'real' in a conversion representation, both with respect to the convert's interaction with the audience and to the construction of social reality? Following Lacan's tripartite register of the imaginary, the symbolic, and the real, in this essay I argue that through testimonial discourse converts construct social reality as an answer to the impossibility of 'the real' in their performative discursive practice. In the first part, I question the constructed nature of testimonial representations-as well as some academic knowledge production that has governed conversion research in the last few decades-and how these representations encourage 'outsiders' to read the narrative repertoire as a negation or mirroring 'the real' of the conversion experience. In the second part, I apply Roland Barthes' analytic reflections on photography to conversion research, especially the notions of the studium (the common ground of cultural meanings) and the punctum (a personal experience that inspires private meaning). This brings me to a number of theorists (mostly never used in the field of religious conversion)-Jacques Lacan, Roland Barthes, and Slavoj Žižek-who are important to the perspective that is developed in this essay.

  6. 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.

  7. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

  8. 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

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

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

  10. 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)

  11. 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.

  12. 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.

  13. European stem cell research in legal shackles.

    Science.gov (United States)

    Nielen, Myrthe G; de Vries, Sybe A; Geijsen, Niels

    2013-12-11

    Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell-based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as 'any cell that is capable of commencing development into a human being,' novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.

  14. The Repercussion of the False Memories Syndrome in the Eyewitness Testimony: an Analysis of Decisions from the Rio Grande do Sul State Court

    Directory of Open Access Journals (Sweden)

    Flaviane Baldasso

    2018-03-01

    Full Text Available False memories are distortions of memory that can impact decisively on the evaluation of a criminal event of interest to the criminal system. Despite the growing interest in the subject, few empirical works have explored the practical consequences of the phenomenon. Along with, the question is if it is possible to measure the repercussion for our criminal proceedings, as well if the theses concerning false memories have been accepted by the Judiciary and in which cases. The present article intends to analyze the repercussion of the phenomenon of false memories, in terms of testimonial evidence, from 437 judgments of the Court of Justice of Rio Grande do Sul. Using the content analysis methodology of Lawrence Bardin, we explored the types of crimes in which the false memories argument has been used, if the hypothesis of this distortion has sensitized the judges, as well as if the analyzes of the judges have been supported in the bibliographical production on the psychology of the testimony. From the numbers raised, it was possible to perceive a considerable increase in the invocation of the argument of the False Memories, but this has not been reversed in the promotion of freedom in the scope of the gaucho penal process.

  15. 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

  16. 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.

  17. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

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

  18. 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.

  19. 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

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

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

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

  1. 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.

  2. 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...

  3. Public Health and Legal Arguments in Favor of a Policy to Cap the Portion Sizes of Sugar-Sweetened Beverages.

    Science.gov (United States)

    Roberto, Christina A; Pomeranz, Jennifer L

    2015-11-01

    In 2012, the New York City Board of Health passed a regulation prohibiting the sale of sugar-sweetened beverages in containers above 16 ounces in the city's food service establishments. The beverage industry and various retailers sued the city to prevent enforcement of the law, arguing that the board had overstepped its authority. In June 2014, the state's highest court agreed and struck down the regulation. Here we report the results of a content analysis of the public testimony related to the case submitted to the New York City Department of Mental Health and Hygiene. We identified major arguments in support of and against the sugar-sweetened beverage portion limit policy. We offer legal and scientific arguments that challenge the major anti-policy arguments and contend that, although this policy was not implemented in New York City, it can be legally pursued by other legislatures.

  4. [Bioethics in Latin America: legal perspective].

    Science.gov (United States)

    Figueroa Yáñez, Gonzalo

    2003-01-01

    The jurist's work is to detect the legal guiding principles, analize them and to anticipate what kind of acceptance they will have. The legislator must be prudent if the subject studied is changeable as it happens with the norms applied in Bioethics. This detection process is more delicate if the guiding principles that have to be detected are valid for such an extensive region, as it is Latin America, where the legislation of the different countries that form it would adopt them. The two problems that will be studied here are: a) if it is advisable or not to raise some Bioethic basic principles to the constitutional level. b) which are the main principles that have been adopted by the juridical legislations of Latin America and who, in some way, guide the legal regulation.

  5. 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.

  6. [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.

  7. 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

  8. 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...

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

    International Nuclear Information System (INIS)

    Breuer, R.

    1978-01-01

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

  10. 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

  11. 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

  12. Essence and classification of legal guarantees of creditors’ rights

    Directory of Open Access Journals (Sweden)

    Aleksandra M. Sil’chenko

    2014-01-01

    Full Text Available Objective to conduct a comprehensive study of the concept of legal guarantees of creditorsrsquo rights and to identify some features of guarantees on the basis of the presented classification. Methods general scientific deduction comparative and system analysis formal logical method and special comparative legal and structuralfunctional methods. Results basing on the evaluation of different scientistsrsquo opinions the definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. Four classifications of legal guarantees of creditorsrsquo rights are proposed. Scientific novelty author39s definition of the notion laquolegal guarantees of creditorsrsquo rightsraquo is given. The essence of legal guarantees in general and legal rights of creditors in particular is defined. Classifications of legal guarantees of creditorsrsquo rights are given by the content and methods of implementation of creditorsrsquo rights guarantees by forms of providing guarantees to creditors general and special guarantees by the form of termination of legal personrsquos activity. The classifications are described in detail through examples. Practical value the results of this research can be used in scientificresearch activity. Theoretical conclusions formulated in the work can be used in the process of improving of the existing legislation and practice of its application.

  13. Face-to-face confrontation: effects of closed-circuit technology on children's eyewitness testimony and jurors' decisions.

    Science.gov (United States)

    Goodman, G S; Tobey, A E; Batterman-Faunce, J M; Orcutt, H; Thomas, S; Shapiro, C; Sachsenmaier, T

    1998-04-01

    The present study was designed to examine effects of closed-circuit technology on children's testimony and jurors' perceptions of child witnesses. For the study, a series of elaborately staged mock trials was held. First, 5- to 6-year-old and 8- to 9-year-old children individually participated in a play session with an unfamiliar male confederate. Approximately 2 weeks later, children individually testified about the event at downtown city courtroom. Mock juries composed of community recruits viewed the trials, with the child's testimony presented either live in open court or over closed-circuit television. Mock jurors made ratings concerning the child witness and the defendant, and deliberated to reach a verdict. Results indicated that overall, older children were more accurate witnesses than younger children. However, older, not younger children produced more inaccurate information in free recall. Compared to live testimony in open court, use of closed-circuit technology led to decreased suggestibility for younger children. Testifying in open court was also associated with children experiencing greater pretrial anxiety. Closed-circuit technology did not diminish fact finders' abilities to discriminate accurate from inaccurate child testimony, nor did it directly bias jurors against the defendant. However, closed-circuit testimony biased jurors against child witnesses. Moreover, jurors tended to base their impressions of witness credibility on perceived confidence and consistency. Implications for the use of closed-circuit technology when children testify are discussed.

  14. Legal capacity of the elderly in Greece.

    Science.gov (United States)

    Giannouli, Vaitsa; Tsolaki, Magda

    2014-01-01

    Legal capacity of the elderly people in Greece is of great legal, medical and social importance, but has received little attention till now from medical literature. This paper aims to study whether elderly people with dementia are able to participate in legal contracts like sales, purchases, loans, leases, donations and testaments. We tried to introduce a new test for the above legal-financial contracts and show some preliminary findings. The test consists of six examined relevant domains concerning basic monetary skills, cash transactions, bank statement management, financial conceptual knowledge, knowledge of potential heirs (beneficiaries) and assets/estate and finally the decision making process for different dilemmas on sales, purchases, loans, leases, donations and testaments. We studied 203 people. Eighty three people were healthy, 64 with Alzheimer's disease (AD) (10 with severe AD, 22 with moderate, and 32 with mild AD), 10 with Parkinson's disease (PD), and 46 with amnestic Mild Cognitive Impairment (aMCI). Individuals were included in the study only if they were aged 60 and over and only if they had a partner or a guardian who could give information on the individual's daily living. The exclusion criteria were predefined as follows: history of any other mental health disease and/or any other serious somatic health disease except for their official diagnosis of dementia. Results showed statistically significant differences with all three groups of patients characterized as incapable for legal-financial actions. Patients with severe AD (PGreece, to confirm and expand our initial findings. In conclusion, our new test which is based on Marson's theoretical model of financial capacity seems to be highly correlated with the so far use of MMSE/HMSE scores, but it gives more specific information that is of interest in the field of civil forensics for characterizing someone as legally (in) capable for large and/or small scale financial acts. Our preliminary

  15. QUESTIONS ANDANSWERS OFELIAS, METROPOLITANOFCRETE: A TESTIMONY OFBYZANTINE LITURGICALPRACTICE IN THE BEGINNING OF XIIthC.

    Directory of Open Access Journals (Sweden)

    M. M. BERNATSKY

    2005-01-01

    Full Text Available In the article commented text and Russian translation of the Questions and Answers ofElias, metropolitan of Crete, is offered. This source appears to be an important testimony ofByzantine liturgical tradition. It contains important data about ritual sequence and theologi'cal interpretation of the prothesis rite and Divine liturgy in general in XI–XII сc., i. e. in theperiod very close to the final codification of the Orthodox liturgy rite in XIII–XV cc.

  16. IMPORTANCIA DEL MANEJO DE LA PRUEBA TESTIMONIAL EN EL SISTEMA PENAL ACUSATORIO

    OpenAIRE

    Araque Marquez, Gustavo; Rojas Franco, Maria del Rosario; Rodriguez Rojas, Jhon Elmon Eyecid

    2007-01-01

    Este estudio monográfico, descriptivo se realizó utilizando el análisis documental de literatura referida al tema, con la cual se logró profundizar sobre la implementación del Nuevo Sistema Penal Acusatorio, en el Manejo de la Prueba Testimonial en los Juicios Orales y el interrogatorio y contrainterrogatorio. A la información recopilada se le hizo un análisis valorativo con procedimientos lógicos de inducción y deducción; producto de lo cual pudimos explicar las características sobre el man...

  17. Trasplante de la práctica de prueba testimonial civil adversarial al Ecuador

    OpenAIRE

    Yépez Garcés, Diego Francisco

    2015-01-01

    Se utilizan modelos valorativos, contextuales y pragmáticos dentro de lo cuales la tesis se divide en tres capítulos. El trasplante del cual la tesis abarca su investigación, es la práctica de la prueba testimonial oral civil, tomando como referencia el sistema adversarial del cual se verifican varios rasgos característicos; el sistema está en pleno proceso de trasplante al Ecuador, con la aprobación del Código Orgánico General de Procesos del 2015. En el primer capítulo, se abarca la dimensi...

  18. Climate Testimonies and Climate-crisis Narratives. Inuit Delegated to Speak on Behalf of the Climate

    DEFF Research Database (Denmark)

    Bjørst, Lill Rastad

    2012-01-01

    challenges the use of climate testimonies in the international climatechange debate. Specifically, what is drawn upon in these personal experiences with the environment, and how is it useful in a public, political, or scientific context? In the conclusion of this article, it is argued that dominant climate......-crisis narratives have framed ‘‘the Greenlandic case’’ in a certain way, which consequently freezes arguments and possible agency. However, at the same time as there is a global framing of climate change and a specific position in this narrative for ‘‘local witnesses’’, there is also room for an alternative...

  19. Testimonies of chilean exile: beetween public protest and the working through of trauma.

    OpenAIRE

    Peris Blanes, Jaume

    2007-01-01

    El artículo analiza rol de los testimonios de supervivientes de los campos de concentración chilenos, que fueron publicados en los primeros años tras el golpe militar de Pinochet en 1973. El artículo se centra en dos elementos principales. Por una parte, en el rol cumplido por los testimonios en la protesta internacional contra la dictadura de Pinochet. Por otra parte, en el modo en que la escritura testimonial participó de la elaboración del trauma de la violencia militar. The article ana...

  20. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

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

  2. "Cognac alibi" as a drunk-driving defense and medico-legal challenge.

    Science.gov (United States)

    Simic, M; Tasic, M; Stojiljkovic, G; Budakov, B; Vukovic, R

    2004-01-01

    Some drivers with positive forensic ethanol analyses, offer an explanation that they consumed alcohol a short time before a traffic accident or after driving. In medico legal practice this is commonly known as hip-flask defense, but to us as "cognac alibi" defense. In these cases, the lawyers require the medico legal experts to offer as much information as possible so that the court may come to the most reliable conclusions about the driver's blood alcohol concentration at the moment of the traffic accident (BAC(Acc)). At the Institute of Forensic Medicine our own analytical approach was established to study this medico legal problem. It consists of three inter-related phases in which it combines the obtained BAC values, with testimonies of the drunk driving suspect andalso witnesses. A specific algorithm was designed for calculating absorption and elimination of consumed alcohol. All the above-mentioned elements and blood-ethanol values calculated according to Widmark's method were inserted into appropriate cells of MS Excel software in order to calculate BAC in the function of time. The result is a relevant analysis of the drunk driving suspect's BAC in 5-minute intervals, as well as a graphic representation in chart form.

  3. Indian legal system and mental health.

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act - 1987 and Persons with Disability Act - 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances.

  4. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

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

  5. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

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

  6. Healing through giving testimony: An empirical study with Sri Lankan torture survivors.

    Science.gov (United States)

    Puvimanasinghe, Teresa S; Price, Ian R

    2016-10-01

    Sri Lanka has recently emerged from a three decade long civil war between government forces and the Liberation Tigers of Tamil Eelam. Behind the actual arena of conflict, forms of organised violence were often perpetrated on ordinary Sri Lankans who came into contact with law enforcement officials and other state authorities. The effects of these encounters on mental health, well-being, and community participation can be severe and long-lasting. Considering the generally poor availability of mental health services in many low-income countries, brief efficient interventions are required to enhance the lives of individuals and their families affected by torture, trauma, or displacement. In this context, the present study evaluated the effectiveness of testimonial therapy in ameliorating the distress of Sri Lankan survivors of torture and ill-treatment. The results indicated that over a 2- to 3-month period, psychosocial functioning was significantly enhanced in the therapy group compared to the waitlist control group. The general benefits of testimonial therapy, the ease with which it can be incorporated into ongoing human rights activities, and its application by trained nonprofessionals encourage greater use of the approach. © The Author(s) 2016.

  7. Testimonies of precognition and encounters with psychiatry in letters to J. B. Priestley.

    Science.gov (United States)

    Price, Katy

    2014-12-01

    Using letters sent to British playwright J. B. Priestley in 1963, this paper explores the intersection between patient-focused history of psychiatry and the history of parapsychology in everyday life. Priestley's study of precognition lay outside the main currents of parapsychology, and his status as a storyteller encouraged confidences about anomalous temporal experience and mental illness. Drawing on virtue epistemology, I explore the regulation of subjectivity operated by Priestley in establishing the credibility of his correspondents in relation to their gender and mental health, and investigate the possibility of testimonial justice for these witnesses. Priestley's ambivalent approach to madness in relation to visions of the future is related to the longer history of prophecy and madness. Letters from the television audience reveal a variety of attitudes towards the compatibility of precognition with modern theories of the mind, show the flexibility of precognition in relation to mental distress, and record a range of responses from medical and therapeutic practitioners. Testimonial justice for those whose experience of precognition intersects with psychiatric care entails a full acknowledgement of the tensions and complicities between these two domains as they are experienced by the witness, and an explicit statement of the hearer's orientation to those domains. Copyright © 2014 The Author. Published by Elsevier Ltd.. All rights reserved.

  8. A Rapid and Efficient Method for Evaluation of Suspect Testimony: Palynological Scanning.

    Science.gov (United States)

    Wiltshire, Patricia E J; Hawksworth, David L; Edwards, Kevin J

    2015-11-01

    A rapid method for evaluating suspect testimony is valuable at any stage in an inquiry and can result in a change of direction in an investigation. Rape cases, in particular, can present problems where a defendant renders DNA analysis redundant by claiming that the claimant consented to have sexual relations. Forensic palynology is valuable in confirming or eliminating locations as being crime scenes, thus checking the testimony of both parties. In contrast to some forensic disciplines, forensic palynology can provide critical information without time-consuming full analysis. Two cases are described where the palynological assemblages from comparator samples of pertinent places were compared with those obtained from clothing of claimants and defendants. The results of rapid microscopical scanning of relevant preparations led to early confessions, thus obviating the need for costly analyses and protracted court proceedings. A third case demonstrates the unbiased nature of this technique where a man, although innocent of any offense, lied about having visited the crime scene for fear of prosecution. This highlights the need for sensitive policing in claims of rape. © 2015 American Academy of Forensic Sciences.

  9. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  10. 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)

  11. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

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

  12. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

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

  13. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

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

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

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

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

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

    African Journals Online (AJOL)

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

  16. Surface transportation : prospects for innovation through research, intelligent transportation systems, state infrastructure banks, and design-build contracting : testimony before the Subcommittee on Transportation and Infrastructure, Committee on Environ

    Science.gov (United States)

    1997-03-06

    This testimony describes how innovation in federal research, financing and contracting methods has the potential for improving the performance of the nation's surface transportation system. The testimony is based on three reports on the reauthorizati...

  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. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  19. Educating Jurors about Forensic Evidence: Using an Expert Witness and Judicial Instructions to Mitigate the Impact of Invalid Forensic Science Testimony.

    Science.gov (United States)

    Eastwood, Joseph; Caldwell, Jiana

    2015-11-01

    Invalid expert witness testimony that overstated the precision and accuracy of forensic science procedures has been highlighted as a common factor in many wrongful conviction cases. This study assessed the ability of an opposing expert witness and judicial instructions to mitigate the impact of invalid forensic science testimony. Participants (N = 155) acted as mock jurors in a sexual assault trial that contained both invalid forensic testimony regarding hair comparison evidence, and countering testimony from either a defense expert witness or judicial instructions. Results showed that the defense expert witness was successful in educating jurors regarding limitations in the initial expert's conclusions, leading to a greater number of not-guilty verdicts. The judicial instructions were shown to have no impact on verdict decisions. These findings suggest that providing opposing expert witnesses may be an effective safeguard against invalid forensic testimony in criminal trials. © 2015 American Academy of Forensic Sciences.

  20. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Alavi Hamed

    2016-06-01

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

  2. Parents Representations of the Legal Socialization of Children

    Directory of Open Access Journals (Sweden)

    Kalashnikova A.S.,

    2014-11-01

    Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

  3. Forensic neuropsychology and expert witness testimony: An overview of forensic practice.

    Science.gov (United States)

    Leonard, Elizabeth L

    2015-01-01

    Neuropsychologists are frequently asked to serve as expert witnesses in an increasing number of legal contexts for civil and criminal proceedings. The skills required to practice forensic neuropsychology expand upon the knowledge, skills, and abilities developed by clinical neuropsychologists. Forensic neuropsychologists acquire expertise in understanding the roles and various functions of the legal system, as well as their role in addressing psycholegal questions to assist fact finders in making legal decisions. The required skills and the unique circumstances for clinical neuropsychologists pursing forensic work are reviewed. Copyright © 2015 Elsevier Ltd. All rights reserved.

  4. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

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

  5. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

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

  6. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

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

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

  7. Towards a Legal Recommender System

    NARCIS (Netherlands)

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

    2014-01-01

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

  8. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

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

  9. Legal Handbook on School Athletics.

    Science.gov (United States)

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

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

  10. 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

  11. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

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

  12. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

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

  13. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

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

  14. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

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

  15. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

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

  16. 39 CFR 230.19 - What criteria will the authorizing official use to determine whether to authorize testimony or...

    Science.gov (United States)

    2010-07-01

    ... nonpublic information and documents; (3) Office of Inspector General rules and regulations; (4) The public... the taking of testimony or receipt of documents by the method least disruptive to the employee's... depositions, or depositions transcribed, recorded, or preserved by any other means allowable by law. (c) Upon...

  17. 29 CFR 1401.3 - Procedure in the event of a demand for production, disclosure, or testimony.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Procedure in the event of a demand for production... Procedure in the event of a demand for production, disclosure, or testimony. (a) Any request for records of the Service, whether it be by letter, by subpoena duces tecum or by any other written demand, shall be...

  18. Cognitive Development, Culture, and Conversation: Comments on Harris and Koenig's "Truth in Testimony: How Children Learn about Science and Religion"

    Science.gov (United States)

    Callanan, Maureen A.

    2006-01-01

    Harris and Koenig make a compelling case for the importance of adult "testimony" and its influence on children's developing conceptions of topics in science and religion. This commentary considers how their analysis relates to constructivist and sociocultural theories and discusses several ways in which Harris and Koenig's arguments help to debunk…

  19. Desegregation of Public Schools. Testimony before the Subcommittee on Separation of Powers, Committee on the Judiciary, United States Senate.

    Science.gov (United States)

    Reynolds, William Bradford

    This testimony was delivered by William Bradford Reynolds, the Assistant Attorney General of the Civil Rights Division, before the Subcommttee on Separation of Powers, Committee on the Judiciary of the United States Senate. Reynold states that compulsory busing of students is not an acceptable remedy to achieve racial balance. He emphasizes the…

  20. Using a Health Message with a Testimonial to Motivate Colon Cancer Screening: Associations with Perceived Identification and Vividness

    Science.gov (United States)

    Dillard, Amanda J.; Main, Jackie L.

    2013-01-01

    Research suggests that testimonials, or first-person narratives, influence health behavior and health-related decision making, but few studies have examined conceptual factors that may be responsible for these effects. In the current study, older adults who were due for colorectal cancer screening read a message about screening that included a…

  1. "My Invisalign experience" : Content, metrics and comment sentiment analysis of the most popular patient testimonials on YouTube

    NARCIS (Netherlands)

    Livas, Christos; Delli, Konstantina; Pandis, Nikolaos

    2018-01-01

    BACKGROUND: The aim of the study was to investigate the popularity, content of Invisalign patient testimonials on YouTube, as well as the sentiment of the related comments. METHODS: Using the term "Invisalign experience," the top 100 results on YouTube by view count were screened for English spoken

  2. The legal field of strategical management of the regional development in Ukraine

    OpenAIRE

    N. Fediay

    2012-01-01

    The article has researched the legal and regulatory framework for strategic management of economical development of Ukrainian regions, and completed structuration and periodization of the legislative acts. That enabled to track down the process of establishment of legal and regulatory tools for strategic management of regional development and revealed shortcutting interfering with efficient functioning of the legal system on its current stage. The above research has identified key issues in l...

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

    OpenAIRE

    Надьон, Вікторія Валентинівна

    2017-01-01

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

  4. A testimony to Muzil: Hervé Guibert, Foucault, and the medical gaze.

    Science.gov (United States)

    Rendell, Joanne

    2004-01-01

    Testimony to Muzil: Hervé Guibert, Michel Foucault, and the "Medical Gaze" examines the fictional/autobiographical AIDS writings of the French writer Hervé Guibert. Locating Guibert's writings alongside the work of his friend Michel Foucault, the article explores how they echo Foucault's evolving notions of the "medical gaze." The article also explores how Guilbert's narrators and Guibert himself (as writer) resist and challenge the medical gaze; a gaze which particularly in the era of AIDS has subjected, objectified, and even sometimes punished the body of the gay man. It is argued that these resistances to the gaze offer a literary extension to Foucault's later work on power and resistance strategies.

  5. Memory and testimony in Primo Levi: the Babel of the concentration camps

    Directory of Open Access Journals (Sweden)

    María Coira

    2014-08-01

    Full Text Available Memory as a problem and the subject of theoretical inquiry, although early onset in civilization that we call western, has gained an important place in the concerns of historians, philosophers, psychologists, and literary critics, with all the ethical implications, political and aesthetic that entails. In this context, special dimensions such problematic charged when what is narrated, analyzes, represents or attempts to explain what are the collective traumatic events. In this paper, we focus on some aspects of testimonial texts and essays of Primo Levi (1919-1987, which estimates as unavoidable regarding the aforementioned issues. These texts are: Se questo è un uomo (1947, La tregua (1963 and I sommersi e i salvati (1986.

  6. Armed narratives: the urban guerrilla in the testimony of Alex Polari and Herbert Daniel

    Directory of Open Access Journals (Sweden)

    João Sinhori

    2013-06-01

    Full Text Available This work is the result of some concerns and reflections on the possible relations that History can hold with Literature, once for decades debates have been developed in favor of the delimitation of boundaries between historiographical discourse and literary works, and also of the establishment of Literature as a source for the development of historical researches. We intend to analyse here the Testimonial Literature genre through the works Passagem para o Próximo Sonho (1982, by Herbert Daniel, and Em Busca do Tesouro (1982, by Alex Polari, considering them essential to emphasize the new themes and approaches gaining ground with the growing number of works devoted to study the period in which the urban guerrilla happened, during the Brazilian military dictatorship. Therefore this study analyses historical, social, political and cultural representations built by the witness-narrators about the Brazilian “lefts” and the guerrilla background formed after 1968 during the Brazilian military regime.

  7. On the "general acceptance" of eyewitness testimony research. A new survey of the experts.

    Science.gov (United States)

    Kassin, S M; Tubb, V A; Hosch, H M; Memon, A

    2001-05-01

    In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.

  8. The same difference: Jesusa Palancares and Poppie Nongena’s testimonies of oppression

    Directory of Open Access Journals (Sweden)

    M. Wenzel

    1994-05-01

    Full Text Available Two women's texts from postcolonial countries, Mexico and South Africa, on different continents show surprising correspondences in subject matter and style. Elena Poniatowska’s Hasta no verte Jesús mío (Till I meet you, my Jesus and Elsa Joubert's Die swerfjare van Poppie Nongena (The journey of Poppie Nongena examples of testimonial writing, both address issues of gender and politics in an innovative way. They combine autobiography and biography to render a dramatic account of social injustice despite their disparate backgrounds/cultures and subtle differences in style. In comparison, the texts not only affirm the validity of women’s writing and contribute to its enrichment, but also constitute a valuable contribution towards the formulation of a general feminist aesthetics. In fact, they illustrate conclusively that comparative literature fulfils a vital function in the exploration and interpretation of women's literature from different cultures.

  9. Testimony presented to the House Science and Technology Committee, 18 June 1981, Washington, DC

    International Nuclear Information System (INIS)

    Richmond, C.R.

    1981-10-01

    This report is the text of invited testimony given by the author before the House Science and Technology Committee. This Congressional hearing on Societal Risks of Energy Systems reflects the growing interest on the part of Congress, the public, the scientific community, and other groups on this extremely important topic of Risk Analysis. This presentation will contain information on the emergence of an interdisciplinary professional field of risk analysis, including the recently formed Society for Risk Analysis. I will also discuss in some detail various risk analysis programs now in progress at the Oak Ridge National Laboratory and other research institutions. Also included will be some general philosophy concerning risks from energy-producing systems and my perspective on the needs for further developments in the field of risk analysis

  10. A lesson for the future of our science my testimony on Lord Patrick M S Blackett

    CERN Document Server

    Zichichi, Antonio

    2016-01-01

    This unique volume contains a tribute to Lord Patrick M S Blackett through the testimony of Professor Antonino Zichichi, who was one of Blackett's pupils in the experiment at the Sphinx Observatory, Europe's highest lab (3580 meters a.s.l.), at Jungfraujoch. The book presents an overview of Blackett's most significant discoveries, such as the so called "vacuum polarization" effect, the first example of "virtual physics" and the "strange particles", that opened a new horizon towards the existence of the subnuclear universe. After discussing the profound implications of Blackett's pioneering contributions to Subnuclear Physics, the book also recalls his deep interest in the promotion of scientific culture. Blackett was firmly convinced that physicists must be engaged directly to let the people outside our labs know what the role of science is in the progress of our civilisation. In particular, according to Blackett and his friend Bertrand Russell, the Manhattan Project was the example of how the new frontiers o...

  11. Italy Seen Through the Eyes of Anselmo Adorno. A Testimony of the Middle Ages

    Directory of Open Access Journals (Sweden)

    Beatrice Borghi

    2017-12-01

    Full Text Available Anselmo Adorno was one of the most prominent and influential men of Western Europe in the late Middle Ages in the area between Flanders, the Duchy of Burgundy and Scotland. Negotiator, wise, magistrate, Anselmo left us the journey report Itinerarium Terrae Sanctae Anselmi Adorni, written by his son Giovanni, a source of extraordinary wealth for the details and descriptions of places, customs and customs of the peoples of the eastern Mediterranean. Of particular interest is also the description of the cities, the urban and rural landscape, the routes that Adorno travelled in his journey between 1470 and 1471. The article will therefore take the moves from this precious testimony to describe the Italy visited by the pilgrim of Bruges, including Genoa, a family town of Rome, Brindisi and the Apulian cities of Naples, and the route that from the eternal city led to Venice, Cologne and finally to the West Flanders.

  12. Infants' eyewitness testimony: effects of postevent information on a prior memory representation.

    Science.gov (United States)

    Rovee-Collier, C; Borza, M A; Adler, S A; Boller, K

    1993-03-01

    In eyewitness testimony research, postevent information impairs retention of the original event and increases the probability that interpolated information will be identified as part of the original event. The present experiments studied these effects with 3-month-olds. Infants learned to kick to move a particular crib mobile and then were briefly exposed to information about a novel mobile. The novel postevent information impaired recognition of the original mobile when it immediately followed training but not when it was delayed by 1 day. Like adults, infants treated the postevent information as part of the original training event, continuing to do so for at least 2 weeks. We propose that postevent information displaces conflicting information coactive with it in primary memory and creates a new, updated memory token of the event. Once the new token leaves primary memory, however, it is protected; only a copy can be retrieved and modified in the future.

  13. Age differences in source forgetting: effects on reality monitoring and on eyewitness testimony.

    Science.gov (United States)

    Cohen, G; Faulkner, D

    1989-03-01

    Age differences in memory for the source of memories were investigated using two different experimental paradigms. Experiment 1 used a reality monitoring paradigm. A series of actions were either performed, imagined, or watched, and subjects were later tested for their ability to recognize the actions and identify their origins. Elderly subjects made more false positive responses than did young subjects, and they made more source confusion errors, attributing actions to the wrong sources. Both new and imagined actions were most often misclassified as watched. Experiment 2 used an eyewitness testimony paradigm. After watching a film, subjects read a written version of the story. A recognition test showed that elderly subjects were more often misled by false information in the story than were the younger subjects, and were more confident that their erroneous responses were correct. The findings suggest that a decline in memory for sources may diminish the accuracy of elderly witnesses.

  14. The perceived validity of eyewitness identification testimony: a test of the five Biggers criteria.

    Science.gov (United States)

    Bradfield, A L; Wells, G L

    2000-10-01

    The U.S. Supreme Court has outlined five criteria on which evaluations of eyewitness identifications should be based (certainty, view, attention, description, and time; Neil v. Biggers, 1972). We postulated that certainty plays a qualitatively different role from the four other Biggers criteria in evaluations of eyewitness identification testimony. Specifically, we hypothesized that participants would ignore reports on other criteria when certainty was high (the certainty-trumps hypothesis), but not when certainty was low. Participants (N = 386) read a fictitious trial transcript in which three of the five Biggers criteria were manipulated (certainty, view, and attention, or certainty, description, and time) and completed a questionnaire. The certainty-trumps hypothesis was not supported. Instead, the Biggers criteria combined only as main effects, not interactions, supporting a summative hypothesis. Surprisingly, collateral effects indicated that manipulations of one criterion (e.g., certainty) affected perceptions of other criteria (e.g., attention and view) and vice versa. Implications of the results are discussed.

  15. The Holy Spirit as feminine: Early Christian testimonies and their interpretation

    Directory of Open Access Journals (Sweden)

    Johannes van Oort

    2016-08-01

    Full Text Available The earliest Christians – all of whom were Jews – spoke of the Holy Spirit as a feminine figure. The present article discusses the main proof texts, ranging from the ‘Gospel according to the Hebrews’ to a number of testimonies from the second century. The ancient tradition was, in particular, kept alive in East and West Syria, up to and including the fourth century Makarios and/or Symeon, who even influenced ‘modern’ Protestants such as John Wesley and the Moravian leader Count von Zinzendorf. It is concluded that, in the image of the Holy Spirit as woman and mother, one may attain a better appreciation of the fullness of the Divine.

  16. International Legal Realities of Migrant Labour Rights

    Directory of Open Access Journals (Sweden)

    Giovanni Di Lieto

    2015-11-01

    Full Text Available This paper is concerned with the evolutionary process of the global governance of labour migration, which has led to the progressive privatisation and commodification of international labour mobility. The focus is on the effects of such change on working conditions for migrants. In particular, the analysis is concerned with legal conceptualisations of labour mobility and their repercussions on the normative process of migration governance. For people on the move, the journey almost always entails sacrifices and uncertainty. The possible costs range from the emotional cost of separation from families and friends to high monetary fees. The stakes can include the physical dangers of working in dangerous occupations, or even a risk of death, such as in the case of illegal border crossings. Nevertheless, millions of people are still attempting movement, facing these costs or risks, in order to improve their living standards and those of their families. The implications for international human rights law are striking. Thus, attention is drawn to the human rights of all migrant workers, and more specifically to the protection and development of basic labour rights in the framework of international organisations. Ultimately, the main point of this study is to evaluate to what extent the freedom to choose where to work and to do so in decent conditions is a current legal reality at both the national and international levels.

  17. 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.

  18. Effect evaluation of a road safety education program based on victim testimonials in high schools in Belgium.

    Science.gov (United States)

    Cuenen, Ariane; Brijs, Kris; Brijs, Tom; Van Vlierden, Karin; Daniels, Stijn; Wets, Geert

    2016-09-01

    For several decades policy makers worldwide have experimented with testimonials as a strategy to promote road safety supportive views in a wide variety of target populations such as recidivists and students. In its basic format, a (relative of) a victim or an offender brings a personal testimonial of what it is to experience a traffic accident. The underlying idea is that such a testimonial will emotionally affect participants, thereby stimulating them to cognitively reflect upon their own behavior and responsibility as a road user. Unfortunately, empirical literature on the effectiveness of this strategy is rather scarce and inconsistent. This study investigated the effect of a large-scale program with victim testimonials for high schools in Belgium on five socio-cognitive and behavioral variables drawn from the Theory of Planned Behavior (i.e., attitude, subjective norm, perceived behavioral control, behavioral intention and behavior). Moreover, this study investigated program effects on participants' cognitive and emotional estate and whether this influences the program's impact on socio-cognitive and behavioral variables. Our test sample included 1362 students, who were assigned to a baseline - follow-up group and a post-test - follow-up group. We questioned both groups, a first time (just before or after session attendance) on paper, and a second time (two months after session attendance) online. Results indicate the program had, both immediate and two months after attendance, small to medium positive effects on most socio-cognitive and behavioral variables. However, effects depended on participants' demographic profile, their baseline values on the socio-cognitive and behavioral variables, and the degree to which they were cognitively/emotionally affected by the program. We discuss the practical implications of these findings and formulate recommendations for the development of future interventions based on victim testimonials. Copyright © 2016 Elsevier Ltd

  19. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

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

    2016-01-01

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

  20. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

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

  1. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

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

  2. Teaching legal english as a second language

    OpenAIRE

    Elena Codruta BADEA

    2012-01-01

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

  3. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

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

  4. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

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

  5. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

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

  6. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

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

  7. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

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

  8. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

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

    2016-01-01

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

  9. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

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

  10. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

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

  11. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  12. 36 CFR 1275.14 - Legal custody.

    Science.gov (United States)

    2010-07-01

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

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

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

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

  14. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

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

  15. Same-Sex Couples: Legal Complexities

    Science.gov (United States)

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

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

  16. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

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

  17. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

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

  18. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

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

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

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

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

  20. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

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

  1. 33 CFR 327.6 - Legal adviser.

    Science.gov (United States)

    2010-07-01

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

  2. 33 CFR 326.5 - Legal action.

    Science.gov (United States)

    2010-07-01

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

  3. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

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

  4. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

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

  5. Legal foundations of adaptive licensing.

    Science.gov (United States)

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

    2013-09-01

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

  6. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

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

  7. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

  8. Legal terminology at arm's length - the multiple dimensions of legal terms

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2013-12-01

    Full Text Available The paper is aimed at shedding new light on the multiple dimensions of legal terms which can be unearthed in the process of terminology mining as a crucial stage in translation. It proposes to view legal terminology from a sociocognitive perspective, according to which terms are perceived as expressing units of understanding based oncognitive frames rather than rendering concepts in their traditional definition. Upon closer scrutiny most of these units reveal significant information regarding their verbal and extra-verbal dimensions. We therefore suggest analysing units of understanding expressed by simple terms, multiple elements terms and phraseology as depositories of knowledge providing information on the text type in which they occur, as well as on there levant area of law, the legal system and the wider culture underlying the text. In this context, terminology mining is not intended merely as extraction of terms, but rather as their analysis, comparison and structuring which reveals aspects such as their multiple embeddedness, as well as their historical, ideological, metaphorical, status-conferringand common Latin dimension.

  9. LEGAL

    African Journals Online (AJOL)

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

  10. How effective are the cross-examination and expert testimony safeguards? Jurors' perceptions of the suggestiveness and fairness of biased lineup procedures.

    Science.gov (United States)

    Devenport, Jennifer L; Stinson, Veronica; Cutler, Brian L; Kravitz, David A

    2002-12-01

    Mock jurors (N = 800) viewed a videotaped trial that included information about a lineup identification procedure. Suggestiveness of the eyewitness identification procedure varied in terms of foil, instruction, and presentation biases. Expert testimony regarding the factors that influence lineup suggestiveness was also manipulated. Criteria included juror ratings of lineup suggestiveness and fairness, ratings of defendant culpability, and verdicts. Jurors were sensitive to foil bias but only minimally sensitive to instruction and presentation biases. Expert testimony enhanced juror sensitivity only to instruction bias. These results have implications for the effectiveness of cross-examination and expert testimony as safeguards against erroneous convictions resulting from mistaken identifications.

  11. Sources of Legal Nihilism in the Sense of Justice of the Population of Russia

    Directory of Open Access Journals (Sweden)

    Natalia A. Nazariva

    2015-12-01

    Full Text Available This article is focused on the consideration of reasons and sources of an origin of legal nihilism as forms of the deformed sense of justice of citizens in Russia. By means of use of a deductive method the understanding of the term "legal nihilism" is formed. In article approaches to understanding of legal nihilism by the analysis of comparison of various positions of the leading philosophers are considered. Article considers development of sense of justice of the population against the historical processes happening in Russia throughout centuries. Relationships of cause and effect of formation and development of legal nihilism as reactions to social changes of society come to light.

  12. Reform of the regulatory process for commercial nuclear powerplants. Hearings before the Subcommittee on Nuclear Regulation of the Committee on Environment and Public Works, United States Senate, Ninety-Ninth Congress, Second Session on S. 1235, S. 2291, S. 2471, June 17 and 18, 1986

    International Nuclear Information System (INIS)

    Anon.

    1986-01-01

    Two days of hearings held to consider three bills which would reform nuclear power plant regulation stressed the fact that there has been no resolution of many of the problems identified after the Three Mile Island accident. Principal witnesses were Nunzio Palladino and other members and former members of the Nuclear Regulatory Commission (NRC) and representatives of electric utilities, public utility commissions, citizen groups, and the legal profession. One aspect of current procedures which is not working is meetings held in compliance with sunshine laws. At issue was the process of collegial decision making and whether a structure with a single administrator would better sever the public. NRC commissioners concur that collegial decision making is less efficient, but oppose S. 2291's proposal for an independent Nuclear Safety Board. The tests of S. 1235, S. 2291, and S. 2471 accompany the recorded testimony

  13. Dance business - accounting, tax, legal and economic connections

    OpenAIRE

    Svitlík, Jan

    2010-01-01

    The thesis summarizes the most important conditions and duties of the beginning and process of dance business of sole trader from tax, accounting and business law view. Theoretic part mainly deals with the choice of legal form of business, tax accounting as an example of evidence of business process of sole trader and calculation of tax liability of sole trader. Practical part describes business process of dance school and applies to this real example some of the information of theoretic part...

  14. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  15. [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.

  16. 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

  17. International acceptance of irradiated food. Legal aspects

    International Nuclear Information System (INIS)

    1979-01-01

    The three international organizations competent in the field of irradiation processing for the preservation of food (FAO, WHO, IAEA), convened, at the end of 1977, an Advisory Group to revise and update the recommendations of a similar group which met in early 1972. The Advisory Group considered how national regulations could be harmonized so as to facilitate the international movement of irradiated food. This publication contains the Report of the Advisory Group, which summarizes the considerations of the Group on regulatory control over the irradiation plant and irradiation of foods, and on assurances for comparability of control (international labelling and documentation). Annexes 1 to 6 are included in order to complete the relevant information on the legal aspects of this subject. They include a Draft General Standard for Irradiated Foods, a Draft Code of Practice for the Operation of Radiation Facilities Used for the Treatment of Foods, Recommendations of a Consultation Group on the Legal Aspects of Food Irradiation, a Listing of the Legislation on Food Irradiation Adopted in Member States (1971-1976), and Model Regulations for the Control of and Trade in Irradiated Food

  18. Legal control of large technical projects

    International Nuclear Information System (INIS)

    Papier, H.J.

    1981-01-01

    More legal security, acceleration of court procedures, a fair consideration of the interests of the permission recipients, avoidance of any kind of political usurpation, as well as the attempts of judges not to present an amateuriser scientific-technical indepth-knowledge cannot be accomplished via Sporadic appeals with partially para-legal reservedness. This also goes for those frantic attempts to institute socalled ''norm selections'', and for efforts of attempting to influence objective rights by modifying grounds for contestation. What is needed is a legistation that, especially in the area of large industrial plants, exerts appropriate statuatory influence. So far, this has not been the case. It is up to the legislation to define permission standards, have them assessed and judged by experts, and harmonize them with the appropriate procedural rights. If this is done, the power of balance with regards to large industrial plants will be re-established. Curtailment of the lengthy process of official channels must also be considered. If a preliminary administrative procedure is already formalized, a second fact-establishing instance should be waived. (orig./HP) [de

  19. The Concordance of Multilingual Legal Texts at the WTO

    Science.gov (United States)

    Condon, Bradly J.

    2012-01-01

    Multilingualism is a sensitive and complex subject in a global organisation such as the World Trade Organization (WTO). In the WTO legal texts, there is a need for full concordance, not simply translation. This article begins with an overview of the issues raised by multilingual processes at the WTO in the negotiation, drafting, translation,…

  20. Fighting Drugs in the Schools: A Legal Manual.

    Science.gov (United States)

    Gittins, Naomi E., Ed.

    This book is intended to be used as a reference for schools that seek to create drug free educational environments and to discourage all forms of substance abuse by students and personnel. The publication examines pertinent legal principles, including search and seizure, drug testing (for students, athletes, and employees), due process and…

  1. Implementing timber legality assurance regime in Ghana: a review ...

    African Journals Online (AJOL)

    Illegal logging has contributed significantly to slowing the march towards sustainable forest management in Ghana. Illegal logging has been found to thrive in environment where regulatory controls are not adequate. Stakeholders are concerned about the verification of legal compliance for timber harvesting and processing ...

  2. Legal Sector Reform Pursuits in Ethiopia: Gaps in Grassroots ...

    African Journals Online (AJOL)

    EN_Stebek

    legal sector reform and judicial reform) was very ambitious with exemplary levels of zeal, budgetary allocation ... as indicators Ethiopia's justice sector reform: (a) institutions, processes and procedures in lawmaking and .... commercial ties with the West, focusing on the reform of civil and trade laws. Success was measured ...

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

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

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

  4. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    Directory of Open Access Journals (Sweden)

    Altynbekkyzy Alua

    2017-06-01

    Full Text Available 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 finally, it is the starting point for multilateral and bilateral cooperation in the field of environmental law.

  5. "It Was the Best Decision of My Life": a thematic content analysis of former medical tourists' patient testimonials.

    Science.gov (United States)

    Hohm, Carly; Snyder, Jeremy

    2015-01-22

    Medical tourism is international travel with the intention of receiving medical care. Medical tourists travel for many reasons, including cost savings, limited domestic access to specific treatments, and interest in accessing unproven interventions. Medical tourism poses new health and safety risks to patients, including dangers associated with travel following surgery, difficulty assessing the quality of care abroad, and complications in continuity of care. Online resources are important to the decision-making of potential medical tourists and the websites of medical tourism facilitation companies (companies that may or may not be affiliated with a clinic abroad and help patients plan their travel) are an important source of online information for these individuals. These websites fail to address the risks associated with medical tourism, which can undermine the informed decision-making of potential medical tourists. Less is known about patient testimonials on these websites, which can be a particularly powerful influence on decision-making. A thematic content analysis was conducted of patient testimonials hosted on the YouTube channels of four medical tourism facilitation companies. Five videos per company were viewed. The content of these videos was analyzed and themes identified and counted for each video. Ten main themes were identified. These themes were then grouped into three main categories: facilitator characteristics (e.g., mentions of the facilitator by name, reference to the price of the treatment or to cost savings); service characteristics (e.g., the quality and availability of the surgeon, the quality and friendliness of the support staff); and referrals (e.g., referrals to other potential medical tourists). These testimonials were found either not to mention risks associated with medical tourism or to claim that these risks can be effectively managed through the use of the facilitation company. The failure fully to address the risks of medical

  6. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  7. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  8. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  9. European Council of Legal Medicine (ECLM) accreditation of forensic pathology services in Europe

    DEFF Research Database (Denmark)

    Mangin, P; Bonbled, F; Väli, M

    2015-01-01

    Forensic experts play a major role in the legal process as they offer professional expert opinion and evidence within the criminal justice system adjudicating on the innocence or alleged guilt of an accused person. In this respect, medico-legal examination is an essential part of the investigation...

  10. 75 FR 42088 - Policy Statement Establishing a Pilot Program for Requesting Consideration of Legal Questions by...

    Science.gov (United States)

    2010-07-20

    ... Requesting Consideration of Legal Questions by the Commission AGENCY: Federal Election Commission. ACTION.... However, if within 60 business days of the filing of a request for consideration, the Commission has not.... Accordingly, any legal issues that qualify for consideration under the Advisory Opinion process are not...

  11. The Course Syllabus: Legal Contract or Operator’s Manual?

    Science.gov (United States)

    2016-01-01

    A course syllabus provides a roadmap for pharmacy students to achieve course learning objectives and develop lifelong learning skills. For several decades the literature has referred to syllabi as legal documents and/or contracts between students and professors. A review of the legal precedents reveals that syllabi are not considered contracts because the courts refuse thus far to recognize educational malpractice or breach of contract as a cause of action. Syllabi do, however, represent a triggering agent for instructional dissent and grade appeals, may be binding in student appeal proceedings, and are used in judicial hearings. Pharmacy faculty members should review their syllabi and follow process improvement strategies to construct legally sound syllabi that can both enhance learning and minimize risks of student grievances and appeals. PMID:28179726

  12. The Legality and Propriety of the Trials of Abu Hamza

    Directory of Open Access Journals (Sweden)

    Paul Arnell

    2017-01-01

    Full Text Available Abu Hamza is serving a life sentence in an American prison, having been convicted of terrorist offences in 2014. He was previously imprisoned in the United Kingdom. Two central questions arise from his case; whether the UK and US acted lawfully under international law in applying their criminal law against Hamza, and whether that application of law was appropriate. The answers to these questions are that Hamza’s subjection to legal process was of dubious legality and not completely proper. The links between the UK and the US and Hamza, be they territory, nationality or otherwise, were in some instances insufficient per se and lacking relative to third states. His case is a story of justice imperfectly done.  Keywords: Legality; Proper Law; Extraterritorial Jurisdiction; Extradition; Abu Hamza

  13. TITLE: Spanish Testimonial Literature and French Concentration Camps: an Approximation. TÍTULO: La literatura testimonial española y la experiencia de los campos de internamiento franceses: una aproximación al corpus.

    OpenAIRE

    Javier Sánchez Zapatero

    2011-01-01

    ABSTRACT: This essay reflects an approach to the way Spanish survivors represent their own experience in French concentration camps, studying how the concentrationary literature acquires an interpretation as memory, resistance, commitment and identity.. RESUMEN: El artículo trata de establecer las principales características de la literatura testimonial compuesta por los españoles que permancieron internados en los campos de concentración franceses a partir del final de la Guerra de Civil: su...

  14. Administrative Subpoenas in Criminal Investigations: A Brief Legal Analysis

    National Research Council Canada - National Science Library

    Doyle, Charles

    2006-01-01

    Administrative subpoena authority is the power vested in various administrative agencies to compel testimony or the production of documents or both in aid of the agencies performance of their duties...

  15. The MDP Controversy: What Legal Educators Should Know.

    Science.gov (United States)

    Haddon, Phoebe A.

    2000-01-01

    Presents some of the questions raised during debate within the American Bar Association about multidisciplinary practice (MDP). Provides responses based on recorded testimony and other communications with the bar's commission on MDP. (EV)

  16. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

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

  17. THE LEGAL CAPACITY TO TRADE

    Directory of Open Access Journals (Sweden)

    ADELIN UNGUREANU

    2014-12-01

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

  18. THE LEGAL CAPACITY TO TRADE

    OpenAIRE

    ADELIN UNGUREANU

    2014-01-01

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

  19. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

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

  20. Legal issues of tax rates

    OpenAIRE

    Sadílek, Jiří

    2010-01-01

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

  1. Legal aspects of radiactive installations

    International Nuclear Information System (INIS)

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

    1988-01-01

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

  2. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

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

  3. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

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

  4. The Bet Tzedek legal services model: how a legal services model addresses elder abuse and neglect.

    Science.gov (United States)

    Morris, Janet R

    2010-07-01

    Bet Tzedek, Hebrew for the "House of Justice," provides free legal assistance to older adults in Los Angeles County. Their civil attorneys work alongside prosecutors and service providers for the elderly as members of multidisciplinary teams to assist older adults with complicated elder abuse and neglect cases. Case examples demonstrate how civil attorneys collaborate with the Los Angeles County Elder Abuse Forensic Center to address financial abuse, real estate fraud, and self-neglect issues. Cooperation among the courts, Bet Tzedek, and other county agencies has resulted in more user-friendly processes to expedite filing of conservatorships and elder abuse restraining orders.

  5. 36 CFR 1251.6 - How does the General Counsel determine whether to comply with a demand for records or testimony?

    Science.gov (United States)

    2010-07-01

    ... such testimony or production of records would be necessary to prevent a miscarriage of justice; (d... proceeding, or compromise constitutional rights; (n) Disclosure would result in NARA appearing to favor one...

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

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

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

  7. 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.

  8. Rafael Román Martínez Soler: testimonial tribute 65 Anniversary of the Universidad de Oriente

    Directory of Open Access Journals (Sweden)

    Neris Rodríguez-Matos

    2016-09-01

    Full Text Available This paper’s main purpose is to pay tribute to Dr. Rafael RománSoler Martínez, professor of the Universidad de Oriente, who hadthe merit of being a soldier in the service of the socialist revolutionin Cuba. This testimonial tribute is part of the 65th anniversary ofthe founding of our, institution of higher education, to which hedevoted the last years of his life.

  9. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  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. 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.

  12. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  13. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

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

  14. Minors and Sexting: Legal Implications.

    Science.gov (United States)

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

    2016-03-01

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

  15. [Malpractice Claims Against Pediatricians - Analysis of Expert Testimonies from the Medical Service of Health Insurance Companies Between 2000 and 2014].

    Science.gov (United States)

    Steinhauer, Heiko; Holzschuh, Joachim; Böhler, Thomas

    2017-11-01

    Background In Germany, few data are available on medical malpractice claims against pediatricians. On behalf of Statutory Health Insurance Companies their Medical Service (MDK) regularly offers expert testimony in case of allegations during pediatric treatment. Methods Analysis of 374 written pediatric testimonies, documented between September 1st, 2000 and August 31st, 2014. Results 193 allegations against pediatricians were analysed separately for each sector of care (35% concerning outpatients, 28% normal inpatients, and 37% patients treated in an intensive care unit, ICU). Outpatient care led more frequently to malpractice claims regarding diagnosis, most often in the case of dysplasia of the hip (n=6), meningitis (n=5), and pneumonia (n=4). In inpatients, allegations regarding treatment errors were more common and frequently associated with extravasation injury (n=7), as well as periventricular leukomalacia (n=7), sepsis (=6), and intraventricular haemorrhage (n=4) in newborn infants on ICUs. Expert testimony confirmed allegations in 43% of the outpatients, 22% of the normal inpatients and 38% of the ICU patients. Discussion and conclusion The frequency of pediatric malpractice claims seems to depend primarily on the pattern of utilization of pediatric care services. Diagnosis-related constellations leading to malpractice claims in Germany are well-known internationally. Case analysis according to medical care sectors allows comprehensible conclusions for risk management. © Georg Thieme Verlag KG Stuttgart · New York.

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

    Science.gov (United States)

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

    2015-10-01

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

  17. In aftermath of financial investigation Phoenix VA employee demoted after her testimony

    Directory of Open Access Journals (Sweden)

    Robbins RA

    2013-03-01

    Full Text Available No abstract available. Article truncated after 150 words. A previous Southwest Journal of Pulmonary and Critical Care Journal editorial commented on fiscal mismanagement at the Department of Veterans Affairs (VA Medical Center in Phoenix (1. Now Paula Pedene, the former Phoenix VA public affairs officer, claims she was demoted for testimony she gave to the VA Inspector General’s Office (OIG regarding that investigation (2. In 2011, the OIG investigated the Phoenix VA for excess spending on private care of patients (3. The report blamed systemic failures for controls so weak that $56 million in medical fees were paid during 2010 without adequate review. The report particularly focused on one clinician assigned by the Chief of Staff to review hundreds of requests per week and the intensive care unit physicians for transferring patients to chronic ventilator units (1,3. After the investigation, the director and one of the associate directors left the VA and the chief of staff was promoted …

  18. ENTRE GENERACIONES. LA EXPERIENCIA DE LA TRANSMISIÓN EN EL RELATO TESTIMONIAL

    Directory of Open Access Journals (Sweden)

    Fernando Bárcena

    2010-01-01

    Full Text Available El propósito de este artículo es repensar la relación entre experiencia y educación, cuando a lo que nos enfrentamos, como lectores, aprendices y educadores, es a una experiencia límite del todo inasimilable al modelo instrumental del lenguaje, que lo define como un mero medio de comunicación entre iguales: el relato testimonial de los supervivientes de los campos, un género literario que constituye el final de la Bildungsroman o novela de formación. Algunas preguntas guían esta tentativa ¿Tiene algún sentido dar a leer e nuestros jóvenes, en el seno del discurso de la sociedad del aprendizaje, donde la crisis de las transmisiones es más que evidente, unos textos que proponen un tipo de transmisión discontinua? ¿Qué tipo de experiencia es la experiencia lectora de esta literatura? ¿Qué experiencia de aprendizaje y transmisión contiene, si goza de alguna?.

  19. Sfragís and its metaphorical testimonial presence in 2 Timothy 2:19

    Directory of Open Access Journals (Sweden)

    Carlos Molina

    2011-03-01

    Full Text Available This article presented a metaphorical testimonial approach in the interpretation of 2 Timothy 2:19 and the use of sealing. As starting point, attention was given to the concept of ‘seal’ through the Old Testament and Ancient Near East. These periods attest the fact that sealing was also utilised in a figurative way as a sign of ownership, property and authenticity. Sfragís in 2 Timothy 2:19 describes the intimate relationship between Christ and his followers through the terms [foreign font omitted (personal and vital relationship that transcends in practice and [foreign font omitted (mainly an exterior knowledge]. These two vocables are in opposition to [foreign font omitted (to apostate from]. The message expressed in 2:19 exemplifies the principles that Christ lived by and he empowered his followers to stand by. Sfragís in 2 Timothy 2:19 is an imitatio Christi response against the [foreign font omitted] of moral standards and entertainment in the ancient Roman world. It includes a rapid contemporary reflection on practical faithfulness for today’s life.

  20. (Imposibilidades del sujeto testimonial: aproximaciones interdisciplinarias a la memoria de lo traumático

    Directory of Open Access Journals (Sweden)

    José Cabrera

    Full Text Available Resumen Este artículo tiene como objetivo general promover la reflexión interdisciplinaria, considerando aportes del psicoanálisis y de la historia, acerca de la transmisión de la memoria, en sus dimensiones individuales y colectivas, de acontecimientos traumáticos vinculados a la transgresión de los derechos humanos en el contexto de regímenes autoritarios, desde la perspectiva del sujeto del testimonio. El principal supuesto es que el sujeto testimonial configura discursos que articulan tanto dimensiones representables como irrepresentables de la experiencia mediante la palabra. Así, interesa preguntarse por la posibilidad de que el testimonio presente en su propia organización discursiva esta dimensión que se resiste a la articulación narrativa, cuestión que permite considerar la forma y la función que adquiere lo irrepresentable en los procesos de transmisión de la memoria histórica ligada a los traumas colectivos.