WorldWideScience

Sample records for legal requirements estimates

  1. Abandonment (field decommissioning): The legal requirements

    International Nuclear Information System (INIS)

    Roberts, M.

    1994-01-01

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

  2. Estimating ISABELLE shielding requirements

    International Nuclear Information System (INIS)

    Stevens, A.J.; Thorndike, A.M.

    1976-01-01

    Estimates were made of the shielding thicknesses required at various points around the ISABELLE ring. Both hadron and muon requirements are considered. Radiation levels at the outside of the shield and at the BNL site boundary are kept at or below 1000 mrem per year and 5 mrem/year respectively. Muon requirements are based on the Wang formula for pion spectra, and the hadron requirements on the hadron cascade program CYLKAZ of Ranft. A muon shield thickness of 77 meters of sand is indicated outside the ring in one area, and hadron shields equivalent to from 2.7 to 5.6 meters in thickness of sand above the ring. The suggested safety allowance would increase these values to 86 meters and 4.0 to 7.2 meters respectively. There are many uncertainties in such estimates, but these last figures are considered to be rather conservative

  3. 77 FR 12754 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2012-03-02

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

  4. Estimates of the Legal Permanent Resident Population: 2009

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the legal permanent resident (LPR) population living in the United States on January 1, 2009. The LPR population includes persons...

  5. Estimates of the Legal Permanent Resident Population: 2011

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the legal permanent resident (LPR) population living in the United States on January 1, 2011. The LPR population includes persons...

  6. Estimates of the Legal Permanent Resident Population: 2012

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the legal permanent resident (LPR) population living in the United States on January 1, 2012. The LPR population includes persons...

  7. 78 FR 29247 - Contractor Legal Management Requirements; Acquisition Regulations; Correction

    Science.gov (United States)

    2013-05-20

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

  8. Legal requirements governing proxy voting in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

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

  9. COMPARING LEGAL REQUIREMENTS AND USER NEEDS

    Directory of Open Access Journals (Sweden)

    S. Gristina

    2016-10-01

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

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

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

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

  11. Legal requirements concerning the technical safety of nuclear installations

    International Nuclear Information System (INIS)

    Nolte, R.

    1984-01-01

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

  12. 76 FR 81408 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2011-12-28

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

  13. 78 FR 25795 - Contractor Legal Management Requirements; Acquisition Regulations

    Science.gov (United States)

    2013-05-03

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

  14. 49 CFR 568.7 - Requirements for manufacturers who assume legal responsibility for a vehicle.

    Science.gov (United States)

    2010-10-01

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

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

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

    International Nuclear Information System (INIS)

    Horton, S.; Mamedov, N.

    1996-01-01

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

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

    Science.gov (United States)

    Collins, Lauren W.; Zirkel, Perry A.

    2017-01-01

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

  18. Analysis of drug prohibition and estimation of budgetary implications of marijuana legalization

    OpenAIRE

    Flegr, Jan

    2009-01-01

    This paper examines the impact of drug prohibition on society. It analyzes starting-points and aims of prohibition and shows, how prohibition attempts to achieve its goals. Furthermore, it explores social costs of prohibition, mainly the impact on potencial health risks of drug use and property and violent crimes. Then it presents main reasons of failure to achieve its goals. Furthemore, this paper estimates probable budgetary implications of marijuana legalization. This estimate is based on ...

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

    Directory of Open Access Journals (Sweden)

    Silvio Romero Beltrão

    2015-04-01

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

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

    International Nuclear Information System (INIS)

    2004-01-01

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

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

    International Nuclear Information System (INIS)

    2000-01-01

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

  2. Unmanned Aerial Vehicles unique cost estimating requirements

    Science.gov (United States)

    Malone, P.; Apgar, H.; Stukes, S.; Sterk, S.

    Unmanned Aerial Vehicles (UAVs), also referred to as drones, are aerial platforms that fly without a human pilot onboard. UAVs are controlled autonomously by a computer in the vehicle or under the remote control of a pilot stationed at a fixed ground location. There are a wide variety of drone shapes, sizes, configurations, complexities, and characteristics. Use of these devices by the Department of Defense (DoD), NASA, civil and commercial organizations continues to grow. UAVs are commonly used for intelligence, surveillance, reconnaissance (ISR). They are also use for combat operations, and civil applications, such as firefighting, non-military security work, surveillance of infrastructure (e.g. pipelines, power lines and country borders). UAVs are often preferred for missions that require sustained persistence (over 4 hours in duration), or are “ too dangerous, dull or dirty” for manned aircraft. Moreover, they can offer significant acquisition and operations cost savings over traditional manned aircraft. Because of these unique characteristics and missions, UAV estimates require some unique estimating methods. This paper describes a framework for estimating UAV systems total ownership cost including hardware components, software design, and operations. The challenge of collecting data, testing the sensitivities of cost drivers, and creating cost estimating relationships (CERs) for each key work breakdown structure (WBS) element is discussed. The autonomous operation of UAVs is especially challenging from a software perspective.

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

    Science.gov (United States)

    Teklehaimanot, K I; Smith, C Hord

    2004-01-01

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

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

    Directory of Open Access Journals (Sweden)

    A. Nicolaides

    2012-01-01

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

  5. Estimates Of Radiation Belt Remediation Requirements

    Science.gov (United States)

    Tuszewski, M.; Hoyt, R. P.; Minor, B. M.

    2004-12-01

    A low-Earth orbit nuclear detonation could produce an intense artificial radiation belt of relativistic electrons. Many satellites would be destroyed within a few weeks. We present here simple estimates of radiation belt remediation by several different techniques, including electron absorption by gas release, pitch angle scattering by steady electric and magnetic fields from tether arrays, and pitch angle scattering by wave-particle interactions from in-situ transmitters. For each technique, the mass, size, and power requirements are estimated for a one-week remediation (e-folding) timescale, assuming that a 10 kTon blast trapped 1024 fission product electrons (1 to 8 MeV) at L = 1.5 in a dipolar belt of width dL = 0.1.

  6. Planning and Estimation of Operations Support Requirements

    Science.gov (United States)

    Newhouse, Marilyn E.; Barley, Bryan; Bacskay, Allen; Clardy, Dennon

    2010-01-01

    Life Cycle Cost (LCC) estimates during the proposal and early design phases, as well as project replans during the development phase, are heavily focused on hardware development schedules and costs. Operations (phase E) costs are typically small compared to the spacecraft development and test costs. This, combined with the long lead time for realizing operations costs, can lead to de-emphasizing estimation of operations support requirements during proposal, early design, and replan cost exercises. The Discovery and New Frontiers (D&NF) programs comprise small, cost-capped missions supporting scientific exploration of the solar system. Any LCC growth can directly impact the programs' ability to fund new missions, and even moderate yearly underestimates of the operations costs can present significant LCC impacts for deep space missions with long operational durations. The National Aeronautics and Space Administration (NASA) D&NF Program Office at Marshall Space Flight Center (MSFC) recently studied cost overruns and schedule delays for 5 missions. The goal was to identify the underlying causes for the overruns and delays, and to develop practical mitigations to assist the D&NF projects in identifying potential risks and controlling the associated impacts to proposed mission costs and schedules. The study found that 4 out of the 5 missions studied had significant overruns at or after launch due to underestimation of the complexity and supporting requirements for operations activities; the fifth mission had not launched at the time of the mission. The drivers behind these overruns include overly optimistic assumptions regarding the savings resulting from the use of heritage technology, late development of operations requirements, inadequate planning for sustaining engineering and the special requirements of long duration missions (e.g., knowledge retention and hardware/software refresh), and delayed completion of ground system development work. This paper updates the D

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

    OpenAIRE

    Lee J. Alston; Bernardo Mueller

    2007-01-01

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

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

    International Nuclear Information System (INIS)

    Strassburg, W. Dr.

    1987-01-01

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

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

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

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

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-09-15

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

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    2010-01-01

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

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

    Science.gov (United States)

    Mora, Erika; Franco, G

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    2016-01-01

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

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

    Science.gov (United States)

    Allan, A.; Spray, C.

    2013-12-01

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

  18. Estimation of legal age using calcification stages of third molars in living individuals.

    Science.gov (United States)

    Streckbein, Philipp; Reichert, Isabelle; Verhoff, Marcel A; Bödeker, Rolf-Hasso; Kähling, Christopher; Wilbrand, Jan-Falco; Schaaf, Heidrun; Howaldt, Hans-Peter; May, Andreas

    2014-12-01

    The increased number of adolescents and young adults with unknown or inaccurately given date of birth is a current issue in justice and legal medicine. The objective of this study was to determine the extent to which third molar calcification stages assessed on panoramic X-rays could be useful as additional criteria for forensic age estimation in living individuals, focusing on the legally important ages 17 and 18. In a retrospective multi-center study, the developmental stage of each individual's third molar was analyzed using Demirjian's scale in 2360 cases. Additionally, sex, age and ancestry were assessed. Individuals with the lowest calcification stage of all present molars in stage H were ≥18 years with a likelihood of ≥99.05% in the female (n=388), and ≥99.24% in the male (n=482) population. The lowest calcification stage of all present third molars proved to be useful as an additional reliable criterion for the determination of an age ≥18 years. Copyright © 2014 Forensic Science Society. Published by Elsevier Ireland Ltd. All rights reserved.

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

    Science.gov (United States)

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

    2017-07-01

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

  20. Application of X-rays to dental age estimation in medico-legal practice

    Directory of Open Access Journals (Sweden)

    Dorota Lorkiewicz-Muszyńska

    2015-05-01

    Full Text Available Aim of the study: The paper addresses the use of dental age assessment methods based on radiographs in medico-legal practice. Different cases of practical application of the methods are presented including identification of human remains, dental age assessment in a living person and one archaeological case. Material and methods : The study material consisted of cases involving dental age assessment performed in the Department of Forensic Medicine, Poznan University of Medical Sciences in Poznan. Depending on the preliminary assessment of age, the Liversidge or the Kvaal et al. methods were applied. Dental age was estimated on the basis of available pantomograms. In the case of the living person, it was a radiograph supplied for expert evaluation. In the other cases, dental computed tomography was performed. Results : Dental age was successfully estimated in all of the cases. Various methods based on the analysis of X-ray images were applied. Dental age was shown to be correlated with skeletal age. Conclusions : The methods based on radiographs were demonstrated to be useful, and the results they yield are fully correlated with results of anthropological analyses.

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

    International Nuclear Information System (INIS)

    Bartholdy, V.

    1980-01-01

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

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

    Science.gov (United States)

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

    2018-01-01

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

  3. 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...

  4. Estimate and prospective studies on Peruvian environmental legal system after Río + 20

    Directory of Open Access Journals (Sweden)

    Pierre Foy Valencia

    2013-12-01

    Full Text Available This article is intended to explain core ideas resulting from processes of which Peruvian environmental legal system is derived; it is morean overview rather than a system characterization, as well as a perspective or sampling foresight representing Río +20 process meaning. In that sense, it examines the modern environmental regulations rising context and provides a brief retrospective of Peruvian environmental legal system development and prospective studies within the frame of green economy paradigms and the environmental governance, presenting only three prospective references aschallenges and trends on: Climate and Energy Law, a new legal Framework for a Green Economy and Sustainable Enterprise, and finally, stressing emphatically on mega-cities, Conurbation and Land use Planning issues given little attention usually law renders to this matters.

  5. ERP services effort estimation strategies based on early requirements

    NARCIS (Netherlands)

    Erasmus, I.P.; Daneva, Maia; Kalenborg, Axel; Trapp, Marcus

    2015-01-01

    ERP clients and vendors necessarily estimate their project interventions at a very early stage, before the full requirements to an ERP solution are known and often before a contract is finalized between a vendor/ consulting company and a client. ERP project estimation at the stage of early

  6. Estimated spatial requirements of the medium- to large-sized ...

    African Journals Online (AJOL)

    Conservation planning in the Cape Floristic Region (CFR) of South Africa, a recognised world plant diversity hotspot, required information on the estimated spatial requirements of selected medium- to large-sized mammals within each of 102 Broad Habitat Units (BHUs) delineated according to key biophysical parameters.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2017-08-15

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Giesselmann, Matthias

    2016-07-01

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

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

    International Nuclear Information System (INIS)

    Nowacki, Tomasz R.

    2017-01-01

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

  10. Method for developing cost estimates for generic regulatory requirements

    International Nuclear Information System (INIS)

    1985-01-01

    The NRC has established a practice of performing regulatory analyses, reflecting costs as well as benefits, of proposed new or revised generic requirements. A method had been developed to assist the NRC in preparing the types of cost estimates required for this purpose and for assigning priorities in the resolution of generic safety issues. The cost of a generic requirement is defined as the net present value of total lifetime cost incurred by the public, industry, and government in implementing the requirement for all affected plants. The method described here is for commercial light-water-reactor power plants. Estimating the cost for a generic requirement involves several steps: (1) identifying the activities that must be carried out to fully implement the requirement, (2) defining the work packages associated with the major activities, (3) identifying the individual elements of cost for each work package, (4) estimating the magnitude of each cost element, (5) aggregating individual plant costs over the plant lifetime, and (6) aggregating all plant costs and generic costs to produce a total, national, present value of lifetime cost for the requirement. The method developed addresses all six steps. In this paper, we discuss on the first three

  11. Accuracy in the legal age estimation according to the third molars mineralization among Mexicans and Columbians.

    Science.gov (United States)

    Costa, José; Montero, Javier; Serrano, Sarai; Albaladejo, Alberto; López-Valverde, Antonio; Bica, Isabel

    2014-11-01

    This study aims to assess the accuracy of age estimation according to two cut-off points of Demirjian's developmental stages (G and H) in the wisdom teeth, using panoramic radiographs from Colombian and Mexican teenagers. The degree of maturation of the third molars was classified according to Demirjian in 8 stages (from A to H) by a blinded trained assessor. The sensitivity, specificity and efficacy of two cut-off points (G and H) were calculated for both samples. The orthopantomographies of 316 subjects, 171 Colombians (54.1%) and 145 Mexicans (45.9%), were analyzed. The stage H was found to be the best threshold for detecting juveniles (because the high specificity) in all the third molars assessed. The specificity was higher for lower third molars than for upper third molars, but no asymmetrical discrepancy was noted. The stage H is the best cut-off point for detecting the adulthood when a high-specificity test is required. Copyright © 2014 Elsevier España, S.L.U. All rights reserved.

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

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2014-03-01

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

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

    International Nuclear Information System (INIS)

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

    2009-01-01

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

  14. Estimation methods of eco-environmental water requirements: Case study

    Institute of Scientific and Technical Information of China (English)

    YANG Zhifeng; CUI Baoshan; LIU Jingling

    2005-01-01

    Supplying water to the ecological environment with certain quantity and quality is significant for the protection of diversity and the realization of sustainable development. The conception and connotation of eco-environmental water requirements, including the definition of the conception, the composition and characteristics of eco-environmental water requirements, are evaluated in this paper. The classification and estimation methods of eco-environmental water requirements are then proposed. On the basis of the study on the Huang-Huai-Hai Area, the present water use, the minimum and suitable water requirement are estimated and the corresponding water shortage is also calculated. According to the interrelated programs, the eco-environmental water requirements in the coming years (2010, 2030, 2050) are estimated. The result indicates that the minimum and suitable eco-environmental water requirements fluctuate with the differences of function setting and the referential standard of water resources, and so as the water shortage. Moreover, the study indicates that the minimum eco-environmental water requirement of the study area ranges from 2.84×1010m3 to 1.02×1011m3, the suitable water requirement ranges from 6.45×1010m3 to 1.78×1011m3, the water shortage ranges from 9.1×109m3 to 2.16×1010m3 under the minimum water requirement, and it is from 3.07×1010m3 to 7.53×1010m3 under the suitable water requirement. According to the different values of the water shortage, the water priority can be allocated. The ranges of the eco-environmental water requirements in the three coming years (2010, 2030, 2050) are 4.49×1010m3-1.73×1011m3, 5.99×10m3?2.09×1011m3, and 7.44×1010m3-2.52×1011m3, respectively.

  15. Irrigation Requirement Estimation Using Vegetation Indices and Inverse Biophysical Modeling

    Science.gov (United States)

    Bounoua, Lahouari; Imhoff, Marc L.; Franks, Shannon

    2010-01-01

    We explore an inverse biophysical modeling process forced by satellite and climatological data to quantify irrigation requirements in semi-arid agricultural areas. We constrain the carbon and water cycles modeled under both equilibrium, balance between vegetation and climate, and non-equilibrium, water added through irrigation. We postulate that the degree to which irrigated dry lands vary from equilibrium climate conditions is related to the amount of irrigation. The amount of water required over and above precipitation is considered as an irrigation requirement. For July, results show that spray irrigation resulted in an additional amount of water of 1.3 mm per occurrence with a frequency of 24.6 hours. In contrast, the drip irrigation required only 0.6 mm every 45.6 hours or 46% of that simulated by the spray irrigation. The modeled estimates account for 87% of the total reported irrigation water use, when soil salinity is not important and 66% in saline lands.

  16. Estimated water requirements for gold heap-leach operations

    Science.gov (United States)

    Bleiwas, Donald I.

    2012-01-01

    This report provides a perspective on the amount of water necessary for conventional gold heap-leach operations. Water is required for drilling and dust suppression during mining, for agglomeration and as leachate during ore processing, to support the workforce (requires water in potable form and for sanitation), for minesite reclamation, and to compensate for water lost to evaporation and leakage. Maintaining an adequate water balance is especially critical in areas where surface and groundwater are difficult to acquire because of unfavorable climatic conditions [arid conditions and (or) a high evaporation rate]; where there is competition with other uses, such as for agriculture, industry, and use by municipalities; and where compliance with regulatory requirements may restrict water usage. Estimating the water consumption of heap-leach operations requires an understanding of the heap-leach process itself. The task is fairly complex because, although they all share some common features, each gold heap-leach operation is unique. Also, estimating the water consumption requires a synthesis of several fields of science, including chemistry, ecology, geology, hydrology, and meteorology, as well as consideration of economic factors.

  17. COST AND TIME ESTIMATES DURING THE SUPPLIER SELECTION OF AN INFORMATION SYSTEM FOR LEGAL AREA: A CASE STUDY COMPARING TRADITIONAL AND AGILE PROJECT APPROACHES

    Directory of Open Access Journals (Sweden)

    Vieira, G. L. S.

    2017-06-01

    Full Text Available Considering a direct correlation between projects requirements details levels and their performance, this paper aims to evaluate whether the adoption of more extensive and detailed cost, time and scope estimation processes based on both practices, traditional and agile, and executed concurrently with the supplier selection stage, could guarantee greater accuracy in these estimates, thus increasing project success rates. Based on a case study for the information system project implementation into the legal area of a large Brazilian company, five suppliers had their proposals analyzed and compared in terms of the costs and deadlines involved, as well as the project management processes used in theirs estimates. From the obtained results, it was possible to observe that not all companies follow, at least during the prospecting phase, their service proposals described management processes, according to the theory. Another important finding was that the proposals involving, at least partially, agile approach concepts, were more likely to justify their estimates. These proposals still presented lower values, whenever compared to those less adherents to the theoretical concepts, as those based on traditional concepts.

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

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1990-01-01

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

  19. Estimated natural uranium requirements to the year 2000

    International Nuclear Information System (INIS)

    Bennett, L.L.

    1981-01-01

    The future requirements for natural uranium are mainly dependent on the future growth of nuclear energy generation and the types of reactors operated to provide that energy. These topics were examined extensively by the International Nuclear Fuel Cycle Evaluation (INFCE). The resulting projections of nuclear power plant capacity and estimated requirements for natural uranium, other nuclear raw materials and fuel cycle services were presented in the final report of INFCE. The projections from INFCE are the most recent results published by an international body, and can therefore be taken as the most authoritative estimates presently available. The INFCE results have been reviewed in the light of latest trends in national nuclear power capacity figures, and a sub-set of the INFCE results are used as the basis for the demand estimates presented in this article. The principal criteria involved in the selection of this sub-set are the nuclear power growth estimates and the reactor and fuel cycle strategies. These criteria are discussed in the following sections

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

    International Nuclear Information System (INIS)

    Schattke, H.

    1980-01-01

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

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

    Science.gov (United States)

    Engel, Albert M

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Sergiu CORNEA

    2012-12-01

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

  3. Factorial estimation of energy requirement for egg production

    DEFF Research Database (Denmark)

    Chwalibog, André

    1992-01-01

    Based on balance and respiration measurements with 60 White Leghorns during the laying period from 27 to 48 wk of age, a factorial method for estimating the energy requirement for egg production is proposed. The present experiment showed that the deposition of fat and energy increased during...... the laying period, but protein deposition slightly decreased. It has been shown that the efficiency of ME utilization for fat energy deposition is higher than for protein energy deposition in the egg. Because the proportions of protein and fat differ during the laying period, and because energy utilization...... is different between protein and fat, the ME requirement was calculated as the sum of ME for maintenance and the partial requirements for protein, fat, and carbohydrate deposition. For practical applications, functions for prediction of protein (OP), fat (OF), and energy (OE) in eggs during the laying period...

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

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

    2009-01-01

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

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

    International Nuclear Information System (INIS)

    Kocher, D.C.

    1991-01-01

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

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

    Directory of Open Access Journals (Sweden)

    M Slabbert

    2011-07-01

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

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

    DEFF Research Database (Denmark)

    Rasmussen, B.; Rindel, Jens Holger

    2003-01-01

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

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

    Science.gov (United States)

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

    2016-10-01

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

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

    Science.gov (United States)

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

    2015-06-01

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

  11. A History-based Estimation for LHCb job requirements

    Science.gov (United States)

    Rauschmayr, Nathalie

    2015-12-01

    The main goal of a Workload Management System (WMS) is to find and allocate resources for the given tasks. The more and better job information the WMS receives, the easier will be to accomplish its task, which directly translates into higher utilization of resources. Traditionally, the information associated with each job, like expected runtime, is defined beforehand by the Production Manager in best case and fixed arbitrary values by default. In the case of LHCb's Workload Management System no mechanisms are provided which automate the estimation of job requirements. As a result, much more CPU time is normally requested than actually needed. Particularly, in the context of multicore jobs this presents a major problem, since single- and multicore jobs shall share the same resources. Consequently, grid sites need to rely on estimations given by the VOs in order to not decrease the utilization of their worker nodes when making multicore job slots available. The main reason for going to multicore jobs is the reduction of the overall memory footprint. Therefore, it also needs to be studied how memory consumption of jobs can be estimated. A detailed workload analysis of past LHCb jobs is presented. It includes a study of job features and their correlation with runtime and memory consumption. Following the features, a supervised learning algorithm is developed based on a history based prediction. The aim is to learn over time how jobs’ runtime and memory evolve influenced due to changes in experiment conditions and software versions. It will be shown that estimation can be notably improved if experiment conditions are taken into account.

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

    OpenAIRE

    Rasmussen, Birgit; Rindel, Jens Holger

    2003-01-01

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

  13. Lessons Learned for Planning and Estimating Operations Support Requirements

    Science.gov (United States)

    Newhouse, Marilyn

    2011-01-01

    Operations (phase E) costs are typically small compared to the spacecraft development and test costs. This, combined with the long lead time for realizing operations costs, can lead projects to focus on hardware development schedules and costs, de-emphasizing estimation of operations support requirements during proposal, early design, and replan cost exercises. The Discovery and New Frontiers (D&NF) programs comprise small, cost-capped missions supporting scientific exploration of the solar system. Even moderate yearly underestimates of the operations costs can present significant LCC impacts for deep space missions with long operational durations, and any LCC growth can directly impact the programs ability to fund new missions. The D&NF Program Office at Marshall Space Flight Center recently studied cost overruns for 7 D&NF missions related to phase C/D development of operational capabilities and phase E mission operations. The goal was to identify the underlying causes for the overruns and develop practical mitigations to assist the D&NF projects in identifying potential operations risks and controlling the associated impacts to operations development and execution costs. The study found that the drivers behind these overruns include overly optimistic assumptions regarding the savings resulting from the use of heritage technology, late development of operations requirements, inadequate planning for sustaining engineering and the special requirements of long duration missions (e.g., knowledge retention and hardware/software refresh), and delayed completion of ground system development work. This presentation summarizes the study and the results, providing a set of lessons NASA can use to improve early estimation and validation of operations costs.

  14. Demirjian's stages and Cameriere's third molar maturity index to estimate legal adult age in Peruvian population.

    Science.gov (United States)

    Quispe Lizarbe, Roselhy Juliana; Solís Adrianzén, Christian; Quezada-Márquez, Milushka Miroslava; Galić, Ivan; Cameriere, Roberto

    2017-03-01

    To compare the accuracy of Demirjian's stages (DS) and Cameriere's third molar maturity index cut-off value (I 3M age of majority on panoramic radiographs (OPTs) from the dental clinic of the Scientific University of the South (UCSUR), Lima, Peru. An observational cross-sectional study was conducted on the sample of 208 digital panoramic radiographs of patients aged 14-22years examined during 2015 in UCSUR. The left lower third molars were analyzed using Adobe Photoshop® CS6. An effectiveness of specific DS and I 3M third molar maturity index (I 3M <0.08) showed to be more accurate in discriminating adults and minors in Peruvian sample when a test with high sensitivity and specificity is required. Copyright © 2017 Elsevier B.V. All rights reserved.

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

    International Nuclear Information System (INIS)

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

    1976-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-12-15

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

  17. A History-based Estimation for LHCb job requirements

    CERN Document Server

    Rauschmayr, Nathalie

    2015-01-01

    The main goal of a Workload Management System (WMS) is to find and allocate resources for the given tasks. The more and better job information the WMS receives, the easier will be to accomplish its task, which directly translates into higher utilization of resources. Traditionally, the information associated with each job, like expected runtime, is defined beforehand by the Production Manager in best case and fixed arbitrary values by default. In the case of LHCb's Workload Management System no mechanisms are provided which automate the estimation of job requirements. As a result, much more CPU time is normally requested than actually needed. Particularly, in the context of multicore jobs this presents a major problem, since single- and multicore jobs shall share the same resources. Consequently, grid sites need to rely on estimations given by the VOs in order to not decrease the utilization of their worker nodes when making multicore job slots available. The main reason for going to multicore jobs is the red...

  18. Estimation of L-threonine requirements for Longyan laying ducks

    Directory of Open Access Journals (Sweden)

    A. M. Fouad

    2017-02-01

    Full Text Available Objective A study was conducted to test six threonine (Thr levels (0.39%, 0.44%, 0.49%, 0.54%, 0.59%, and 0.64% to estimate the optimal dietary Thr requirements for Longyan laying ducks from 17 to 45 wk of age. Methods Nine hundred Longyan ducks aged 17 wk were assigned randomly to the six dietary treatments, where each treatment comprised six replicate pens with 25 ducks per pen. Results Increasing the Thr level enhanced egg production, egg weight, egg mass, and the feed conversion ratio (FCR (linearly or quadratically; p<0.05. The Haugh unit score, yolk color, albumen height, and the weight, percentage, thickness, and breaking strength of the eggshell did not response to increases in the Thr levels, but the albumen weight and its proportion increased significantly (p<0.05, whereas the yolk weight and its proportion decreased significantly as the Thr levels increased. Conclusion According to a regression model, the optimal Thr requirement for egg production, egg mass, and FCR in Longyan ducks is 0.57%, while 0.58% is the optimal level for egg weight from 17 to 45 wk of age.

  19. Estimating the seismotelluric current required for observable electromagnetic ground signals

    Directory of Open Access Journals (Sweden)

    J. Bortnik

    2010-08-01

    Full Text Available We use a relatively simple model of an underground current source co-located with the earthquake hypocenter to estimate the magnitude of the seismotelluric current required to produce observable ground signatures. The Alum Rock earthquake of 31 October 2007, is used as an archetype of a typical California earthquake, and the effects of varying the ground conductivity and length of the current element are examined. Results show that for an observed 30 nT pulse at 1 Hz, the expected seismotelluric current magnitudes fall in the range ~10–100 kA. By setting the detectability threshold to 1 pT, we show that even when large values of ground conductivity are assumed, magnetic signals are readily detectable within a range of 30 km from the epicenter. When typical values of ground conductivity are assumed, the minimum current required to produce an observable signal within a 30 km range was found to be ~1 kA, which is a surprisingly low value. Furthermore, we show that deep nulls in the signal power develop in the non-cardinal directions relative to the orientation of the source current, indicating that a magnetometer station located in those regions may not observe a signal even though it is well within the detectable range. This result underscores the importance of using a network of magnetometers when searching for preseismic electromagnetic signals.

  20. 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 ...

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2015-06-15

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

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

    International Nuclear Information System (INIS)

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

    2015-01-01

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

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

    International Nuclear Information System (INIS)

    Buckler, Julius

    2016-01-01

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

  4. 5 CFR 581.307 - Compliance with legal process requiring the payment of attorney fees, interest, and/or court costs.

    Science.gov (United States)

    2010-01-01

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

  5. Phosphorus metabolism and estimation of phosphorus requirements for sheep

    International Nuclear Information System (INIS)

    Louvandini, H.; Vitti, D.M.S.S.

    1996-01-01

    The main objective of the present work was to determine the effects of different dietary phosphorus (P) levels on endogenous faecal loss and to estimate the minimum daily requirement of P for sheep. The study was conducted with 24 Suffolk sheep which received a basic diet consisting of a hay-concentrate mixture. The treatment consisted of different amounts of bone meal, added to the basic diet, so as to obtain supplementary P levels of 0, 2 and 3 g/day. Twenty-one days after the introduction of the experimental diet, 7.4 MBq radioactive P ( 32 P) was injected in the left jugular vein of each sheep and blood, feces and urine were collected daily for 8 days at 24-hour intervals. The samples were analysed for inorganic P and for radioactive specific activities. Mean endogenous faecal losses of P were 10.00, 31.79, 39.35 and 38.06 mg/kg live weight (LW) per day in sheep supplemented with 0, 1, 2 and 3 g respectively. A positive linear relation ship was observed between endogenous faecal loss and consumed P, indicating that this loss was linked to dietary P. Total P excretion in the faeces, as well as P absorption, retention urinary excretion and salivary secretion were also directly related to P intake, as part of the mechanism of homeostatic control of organism animal. The minimum endogenous faecal loss for zero P intake, calculated by interpolation, was 8.27 mg/kg LW per day, and for zero balance, the calculated phosphorus consumption was 21.36 mg/kg LW per day. (author)

  6. Estimation of peginesatide utilization requires patient-level data

    Directory of Open Access Journals (Sweden)

    Alex Yang

    2012-06-01

    Due to the nonlinear dose relationship between peginesatide and epoetin, facilities with similar epoetin use (<2% relative difference had up to 35% difference in estimate of peginesatide use. For accurate estimation of peginesatide utilization, it is important to base conversions on epoetin dose distribution rather than mean epoetin dose.fx1

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

    International Nuclear Information System (INIS)

    Vatamanu, Mariana

    2007-01-01

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

  8. 48 CFR 252.215-7002 - Cost estimating system requirements.

    Science.gov (United States)

    2010-10-01

    ... contract awards. Estimating system includes the Contractor's— (1) Organizational structure; (2) Established... (e) of this clause apply if the Contractor is a large business and either— (1) In its fiscal year...

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

    Science.gov (United States)

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

    2015-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Joe-Steve Annan

    2015-06-01

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

  11. EURRECA—Estimating Selenium Requirements for Deriving Dietary Reference Values

    NARCIS (Netherlands)

    Hurst, R.; Collings, R.; Harvey, L.J.; King, M.; Hooper, L.; Bouwman, J.; Gurinovic, M.; Fairweather-Tait, S.J.

    2013-01-01

    Current reference values for selenium, an essential micronutrient, are based on the intake of selenium that is required to achieve maximal glutathione peroxidase activity in plasma or erythrocytes. In order to assess the evidence of relevance to setting dietary reference values for selenium, the

  12. Estimation of Water Requirements by Livestock in Europe

    OpenAIRE

    MUBAREKA Sarah; MAES JOACHIM; LAVALLE Carlo; DE ROO Arie

    2013-01-01

    The Blueprint to Safeguard Europe's Water aims to positively contribute to the European Union's Water Policy through a series of studies to assess the quantity and quality of this precious resource. An important part of that water balance is the accounting of water removed from rivers or aquifers by different sectorial needs. The map series presented here shows the water requirements for the livestock sector. These maps are calculated based on livestock density maps for 2005, normalized...

  13. Estimated water requirements for the conventional flotation of copper ores

    Science.gov (United States)

    Bleiwas, Donald I.

    2012-01-01

    This report provides a perspective on the amount of water used by a conventional copper flotation plant. Water is required for many activities at a mine-mill site, including ore production and beneficiation, dust and fire suppression, drinking and sanitation, and minesite reclamation. The water required to operate a flotation plant may outweigh all of the other uses of water at a mine site, [however,] and the need to maintain a water balance is critical for the plant to operate efficiently. Process water may be irretrievably lost or not immediately available for reuse in the beneficiation plant because it has been used in the production of backfill slurry from tailings to provide underground mine support; because it has been entrapped in the tailings stored in the TSF, evaporated from the TSF, or leaked from pipes and (or) the TSF; and because it has been retained as moisture in the concentrate. Water retained in the interstices of the tailings and the evaporation of water from the surface of the TSF are the two most significant contributors to water loss at a conventional flotation circuit facility.

  14. 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.

  15. Estimate of the crud contribution to shipping cask containment requirements

    International Nuclear Information System (INIS)

    Sandoval, R.P.; Einziger, R.E.; Jordan, H.; Malinauskas, A.P.; Mings, W.J.

    1992-01-01

    This paper reports that a methodology is developed to relate U.S. Code of Federal Regulations, Title 10, Part 71 (10CFR71) containment requirements to leak rates for the special case in which the only radioactive species having a potential for escape form the cask is that associated with debris (crud) contained on the fuel assemblies being transported. The methodology accounts for the characteristics of the crud and for attenuation of the gas-borne crud particulates once they become suspended within the cask. Calculations are performed for typical spent-fuel transport cask geometries and the normal and accident conditions prescribed in 10CFR71. The most current published data are used for crud composition and structure, specific activity, spallation mechanics and fractions, and crud particle size. The containment criteria leak rates are calculated assuming 5-yr-old spent fuel. In each accident case, the containment leak rate criteria are well in excess of 10 cm 3 /s. Under normal conditions of transport, the regulatory containment requirements are met by leak rates ranging from 1.5 x 10 -3 cm 3 /s to 1.5 x 10 -4 cm 3 /s for the transport of boiling water reactor fuel assemblies and form 1.8 x 10 -2 cm 3 /s to 1.3 x 10 -3 cm 3 /s for pressurized water reactor fuel assemblies. The calculated leak rates are most sensitive to the cask design, type of fuel, and particle size distribution. Conservatism of the limiting leak rates is discussed

  16. Estimating Leaching Requirements for Barley Growth under Saline Irrigation

    Directory of Open Access Journals (Sweden)

    Ahmed Al-Busaidi

    2012-01-01

    Full Text Available The utilization of marginal water resources for agriculture is receiving considerable attention. The lands irrigated with saline water are required to reduce salt accumulations through leaching and/or drainage practices. A field experiment was carried out to investigate the effect of saline irrigation and leaching fraction on barley (Hordeum vulgare L. growth. For this purpose highly saline water was diluted to the salinity levels of 3, 6 and 9 dS m-1 and applied by drip irrigation at 0.0, 0.15, 0.20 and 0.25 leaching fractions (LF. The results of the experiment showed that both quantity and quality of water regulated salts distribution within the soil in the following manner: a the salts were found higher near or immediate below the soil surface; b an enhanced LF carried more salts down the soil horizon but there was no significant difference in plant yield between different treatments of leaching fractions. Salinity of water significantly impaired barley growth. The good drainage of sandy soil enhanced the leaching process and minimized the differences between leaching fractions. The increment in saline treatments (3, 6 and 9 dS m-1 added more salts and stressed plant growth. However, the conjunctive use of marginal water at proportional LF could be effective in enhancing the yield potential of crops in water-scarce areas.

  17. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  18. 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.

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

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

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

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-11-15

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

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

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  2. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  3. Estimativa de área de vegetação secundária na Amazônia Legal Brasileira Estimation of secondary vegetation area in the Brazilian Legal Amazon

    Directory of Open Access Journals (Sweden)

    Cláudio Aparecido Almeida

    2010-01-01

    Full Text Available A vegetação secundária tem funções relevantes para os ecossistemas, tais como a fixação de carbono atmosférico, a manutenção da biodiversidade, o estabelecimento da conectividade entre remanescentes florestais, manutenção dos regime hidrológico e a recuperação da fertilidade do solo. O objetivo deste trabalho é, através de uma abordagem amostral, estimar a área ocupada por vegetação secundária na Amazônia Legal Brasileira (AML em 2006. A amostragem se baseia em uma abordagem estratificada pelo grau de desflorestamento das cenas LANDSAT-TM que recobrem a AML. Foram selecionadas 26 cenas para o ano de 2006, distribuídas em sete estratos conforme o percentual de desflorestamento, nas quais foram mapeadas as áreas de vegetação secundária a partir de técnicas de classificação de imagens. Foi desenvolvido um modelo multivariado de regressão para estimar a área de vegetação secundária utilizando como variáveis independentes a área de desflorestamento, a área de hidrografia, a estrutura agrária, e área das unidades de conservação. A análise de regressão encontrou um R2 ajustado de 0,84 , e coeficientes positivos para a proporção de hidrografia na imagem (2,055 e para a estrutura agrária (0,197, e coeficientes negativos para o grau de desflorestamento na imagem (-0,232 e para a proporção de Unidades de Conservação na imagem (-0,262. O modelo de regressão estimou uma área de 131.873 km² de vegetação secundária para o ano de 2006. Aplicando uma simulação Monte Carlo foi estimada uma incerteza de aproximadamente 12.445 km² para a área.Secondary vegetation has many relevant functions to the ecosystems such as atmospheric carbon fixation , maintenance of biodiversity, establishment of connectivity among forest remnants, maintenance of hydrological regime, and restoration of soil fertility. The objective of this work is to estimate the area occupied by secondary vegetation in the Brazilian Legal

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

    Science.gov (United States)

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

    2014-09-19

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

  5. Assessment of compliance with regulatory requirements for a best estimate methodology for evaluation of ECCS

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Un Chul; Jang, Jin Wook; Lim, Ho Gon; Jeong, Ik [Seoul National Univ., Seoul (Korea, Republic of); Sim, Suk Ku [Korea Atomic Energy Research Institute, Taejon (Korea, Republic of)

    2000-03-15

    Best estimate methodology for evaluation of ECCS proposed by KEPCO(KREM) os using thermal-hydraulic best-estimate code and the topical report for the methodology is described that it meets the regulatory requirement of USNRC regulatory guide. In this research the assessment of compliance with regulatory guide. In this research the assessment of compliance with regulatory requirements for the methodology is performed. The state of licensing procedure of other countries and best-estimate evaluation methodologies of Europe is also investigated, The applicability of models and propriety of procedure of uncertainty analysis of KREM are appraised and compliance with USNRC regulatory guide is assessed.

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

    Energy Technology Data Exchange (ETDEWEB)

    1981-10-17

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

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

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

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

  8. Towards an Early Software Effort Estimation Based on Functional and Non-Functional Requirements

    Science.gov (United States)

    Kassab, Mohamed; Daneva, Maya; Ormandjieva, Olga

    The increased awareness of the non-functional requirements as a key to software project and product success makes explicit the need to include them in any software project effort estimation activity. However, the existing approaches to defining size-based effort relationships still pay insufficient attention to this need. This paper presents a flexible, yet systematic approach to the early requirements-based effort estimation, based on Non-Functional Requirements ontology. It complementarily uses one standard functional size measurement model and a linear regression technique. We report on a case study which illustrates the application of our solution approach in context and also helps evaluate our experiences in using it.

  9. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  10. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  11. Estimating resource costs of compliance with EU WFD ecological status requirements at the river basin scale

    DEFF Research Database (Denmark)

    Riegels, Niels; Jensen, Roar; Benasson, Lisa

    2011-01-01

    Resource costs of meeting EU WFD ecological status requirements at the river basin scale are estimated by comparing net benefits of water use given ecological status constraints to baseline water use values. Resource costs are interpreted as opportunity costs of water use arising from water...... scarcity. An optimization approach is used to identify economically efficient ways to meet WFD requirements. The approach is implemented using a river basin simulation model coupled to an economic post-processor; the simulation model and post-processor are run from a central controller that iterates until...... an allocation is found that maximizes net benefits given WFD requirements. Water use values are estimated for urban/domestic, agricultural, industrial, livestock, and tourism water users. Ecological status is estimated using metrics that relate average monthly river flow volumes to the natural hydrologic regime...

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

    Science.gov (United States)

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

    2006-05-25

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

  13. Parameterized Flight Mission for Secondary Power Requirement Estimations of Commercial Transport Aircraft

    OpenAIRE

    Lampl, Thomas; Muschkorgel, Sandra; Hornung, Mirko;

    2018-01-01

    The trend towards More-Electric Aircraft (MEA) and the introduction of new system technologies lead to considerable changes at the system level of commercial transport aircraft. Because the number of systems and power requirements are increasing, the consideration and integration of aircraft systems in early aircraft design phases is important. The objective of this contribution is to develop a characteristic flight mission with modelled aircraft systems to estimate the secondary power requir...

  14. 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.

  15. Towards an Early Software Effort Estimation Based on Functional and Non-Functional Requirements

    NARCIS (Netherlands)

    Kassab, M.; Daneva, Maia; Ormanjieva, Olga; Abran, A.; Braungarten, R.; Dumke, R.; Cuadrado-Gallego, J.; Brunekreef, J.

    2009-01-01

    The increased awareness of the non-functional requirements as a key to software project and product success makes explicit the need to include them in any software project effort estimation activity. However, the existing approaches to defining size-based effort relationships still pay insufficient

  16. 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

  17. Capital requirements for the transportation of energy materials: 1979 ARC estimates. Final report

    Energy Technology Data Exchange (ETDEWEB)

    1979-09-28

    TERA's estimates of capital requirements to transport natural gas, crude oil, petroleum products, and coal in the US by 1990 are presented. It is a continuation of a 1978 study (EAPA 5:3946) to perform a similar analysis on 1979 scenarios. Scenarios B, C, and D from the EIA's Mid-range Energy Forecasting Systems, as used in the 1979 Annual Report to Congress (ARC), were provided as a basis for the analysis and represent three alternative futures. Summaries of transportation investment requirements through 1990 are given for Scenarios B, C, and D. Total investment requirements for the three models (pipelines, railroads, waterways) and the three energy commodities (coal, petroleum, petroleum products, natural gas) are estimated to range between $35.3 and $42.7 billion by 1990 depending on the scenario.

  18. Analysis of the Possibility of Required Resources Estimation for Nuclear Power Plant Decommissioning Applying BIM

    Energy Technology Data Exchange (ETDEWEB)

    Jung, Insu [Korea Institute of construction Technology, Goyang (Korea, Republic of); Kim, Woojung [KHNP-Central Research Institute, Daejeon (Korea, Republic of)

    2014-05-15

    Estimation of decommissioning cost, decommissioning strategy, and decommissioning quantity at the time when entering into any decommissioning plans are some elements whose inputs are mandatory for nuclear power plant decommissioning. Ways to estimate decommissioning of required resources in the past have imposed great uncertainty since they analyze required resources at the construction stage, analyzing and consulting decommissioning required resources of overseas nuclear power plants. This study aims at analyzing whether required resources for decommissioning nuclear power plants can be estimated, applying BIM. To achieve this goal, this study analyzed the status quo of BIM such as definition, characteristics, and areas applied, and made use of them when drawing out study results by examining types and features of the tools realizing BIM. In order to review how BIM could be used for decommissioning nuclear power plants, the definition, characteristics and applied areas of BIM were discussed. BIM designs objects of the structures (walls, slabs, pillars, stairs, windows and doors, etc.) by 3D technology and endows attribute (function, structure and usage) information for each object, thereby providing visualized information of structures for participants in construction projects. Major characteristics of BIM attribute information are as follows: - Geometry: The information of objects is represented by measurable geometric information - Extensible object attributes: Objects include pre-defined attributes, and allow extension of other attributes. Any model that includes these attributes forms relationships with other various attributes in order to perform analysis and simulation. - All information including the attributes are integrated to ensure continuity, accuracy and accessibility, and all information used during the life cycle of structures are supported. This means that when information of required resources is added as another attributes other than geometric

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

    International Nuclear Information System (INIS)

    Raetzke, C.; Micklinghoff, M.

    2006-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

  1. Bioenergetics model for estimating food requirements of female Pacific walruses (Odobenus rosmarus divergens)

    Science.gov (United States)

    Noren, S.R.; Udevitz, M.S.; Jay, C.V.

    2012-01-01

    Pacific walruses Odobenus rosmarus divergens use sea ice as a platform for resting, nursing, and accessing extensive benthic foraging grounds. The extent of summer sea ice in the Chukchi Sea has decreased substantially in recent decades, causing walruses to alter habitat use and activity patterns which could affect their energy requirements. We developed a bioenergetics model to estimate caloric demand of female walruses, accounting for maintenance, growth, activity (active in-water and hauled-out resting), molt, and reproductive costs. Estimates for non-reproductive females 0–12 yr old (65−810 kg) ranged from 16359 to 68960 kcal d−1 (74−257 kcal d−1 kg−1) for years with readily available sea ice for which we assumed animals spent 83% of their time in water. This translated into the energy content of 3200–5960 clams per day, equivalent to 7–8% and 14–9% of body mass per day for 5–12 and 2–4 yr olds, respectively. Estimated consumption rates of 12 yr old females were minimally affected by pregnancy, but lactation had a large impact, increasing consumption rates to 15% of body mass per day. Increasing the proportion of time in water to 93%, as might happen if walruses were required to spend more time foraging during ice-free periods, increased daily caloric demand by 6–7% for non-lactating females. We provide the first bioenergetics-based estimates of energy requirements for walruses and a first step towards establishing bioenergetic linkages between demography and prey requirements that can ultimately be used in predicting this population’s response to environmental change.

  2. Prediction equation for estimating total daily energy requirements of special operations personnel.

    Science.gov (United States)

    Barringer, N D; Pasiakos, S M; McClung, H L; Crombie, A P; Margolis, L M

    2018-01-01

    Special Operations Forces (SOF) engage in a variety of military tasks with many producing high energy expenditures, leading to undesired energy deficits and loss of body mass. Therefore, the ability to accurately estimate daily energy requirements would be useful for accurate logistical planning. Generate a predictive equation estimating energy requirements of SOF. Retrospective analysis of data collected from SOF personnel engaged in 12 different SOF training scenarios. Energy expenditure and total body water were determined using the doubly-labeled water technique. Physical activity level was determined as daily energy expenditure divided by resting metabolic rate. Physical activity level was broken into quartiles (0 = mission prep, 1 = common warrior tasks, 2 = battle drills, 3 = specialized intense activity) to generate a physical activity factor (PAF). Regression analysis was used to construct two predictive equations (Model A; body mass and PAF, Model B; fat-free mass and PAF) estimating daily energy expenditures. Average measured energy expenditure during SOF training was 4468 (range: 3700 to 6300) Kcal·d- 1 . Regression analysis revealed that physical activity level ( r  = 0.91; P  plan appropriate feeding regimens to meet SOF nutritional requirements across their mission profile.

  3. Estimating radionuclide transfer to wild species-data requirements and availability for terrestrial ecosystems

    International Nuclear Information System (INIS)

    Beresford, N A; Broadley, M R; Howard, B J; Barnett, C L; White, P J

    2004-01-01

    Assessment of the transfer of radionuclides to wild species is an important component in the estimation of predicted doses to biota. Reviews of available data for the many potential radionuclide-biota combinations which may be required for environmental assessments highlight many data gaps for terrestrial species. Here, we discuss different approaches which have been suggested to compensate for these data gaps. All of the reviewed approaches have merit; however, there is a requirement for transparency in methodology and data provenance which in some instances is currently missing. Furthermore, there is a need to validate the various methodologies to enable their use with confidence. The requirements of improving our ability to predict radionuclide transfer to wild species are discussed and recommendations made

  4. Surgical Care Required for Populations Affected by Climate-related Natural Disasters: A Global Estimation.

    Science.gov (United States)

    Lee, Eugenia E; Stewart, Barclay; Zha, Yuanting A; Groen, Thomas A; Burkle, Frederick M; Kushner, Adam L

    2016-08-10

    Climate extremes will increase the frequency and severity of natural disasters worldwide.  Climate-related natural disasters were anticipated to affect 375 million people in 2015, more than 50% greater than the yearly average in the previous decade. To inform surgical assistance preparedness, we estimated the number of surgical procedures needed.   The numbers of people affected by climate-related disasters from 2004 to 2014 were obtained from the Centre for Research of the Epidemiology of Disasters database. Using 5,000 procedures per 100,000 persons as the minimum, baseline estimates were calculated. A linear regression of the number of surgical procedures performed annually and the estimated number of surgical procedures required for climate-related natural disasters was performed. Approximately 140 million people were affected by climate-related natural disasters annually requiring 7.0 million surgical procedures. The greatest need for surgical care was in the People's Republic of China, India, and the Philippines. Linear regression demonstrated a poor relationship between national surgical capacity and estimated need for surgical care resulting from natural disaster, but countries with the least surgical capacity will have the greatest need for surgical care for persons affected by climate-related natural disasters. As climate extremes increase the frequency and severity of natural disasters, millions will need surgical care beyond baseline needs. Countries with insufficient surgical capacity will have the most need for surgical care for persons affected by climate-related natural disasters. Estimates of surgical are particularly important for countries least equipped to meet surgical care demands given critical human and physical resource deficiencies.

  5. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  6. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

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

  7. Estimation of Digestible Lysine Requirements of Japanese Quail during the Starter Period

    Directory of Open Access Journals (Sweden)

    M Ashoori

    2013-11-01

    Full Text Available The aim of this study was the estimation of digestible lysine requirements of Japanese quail during the 7-21d period. Graduation level of L-lysine.HCL were added to the basal diet at the expense of corn starch to create different levels of digestible lysine ranged from 0.75 to 1.35% of diet. Growth performance and carcass composition were evaluated during the experiment. The results showed that incremental levels of digestible lysine significantly affected the body weight gain (BWG, feed conversion ratio (FCR, feed intake (FI, breast meat yield (BMY and thigh meat yield (TMY. Either linear broken- line or quadratic broken line model were used to get break points of digestible lysine as a requirement. Based on linear broken line analysis, the break points for FCR and BMY were 0.99 and 1.04 % of diet, respectively. Using the quadratic broken-line model, the estimated Lys requirements for BWG, FCR, and BMY were 1.11, 1.04, and 1.15% of diet, respectively. The results showed that the Lys needs for optimum BMY was higher than BWG and FCR.

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

    Directory of Open Access Journals (Sweden)

    Marco Antonio Lima

    2016-10-01

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

  9. Shield requirement estimation for pin storage room in fuel fabrication plant

    International Nuclear Information System (INIS)

    Shanthi, M.M.; Keshavamurthy, R.S.; Sivashankaran, G.

    2012-01-01

    Fast Reactor Fuel Cycle Facility (FRFCF) is an upcoming project in Kalpakkam. It has the facility to recycle the fuel from PFBR. It is an integrated facility, consists of fuel reprocessing plant, fuel fabrication plant (FFP), core subassembly plant, Reprocessed Uranium plant (RUP) and waste management plant. The spent fuel from PFBR would be reprocessed in fuel reprocessing plant. The reprocessed fuel material would be sent to fuel fabrication plant. The main activity of fuel fabrication plant is the production of MOX fuel pins. The fuel fabrication plant has a fuel pin storage room. The shield requirement for the pin storage room has been estimated by Monte Carlo method. (author)

  10. [Development of weight-estimation formulae for the bedridden elderly requiring care].

    Science.gov (United States)

    Oonishi, Reiko; Fujii, Kouji; Tsuda, Hiroko; Imai, Katsumi

    2012-01-01

    Bedridden elderly persons requiring care need special body-weight measurement implements, and body-weighting assumes more difficult if they live at their own homes. Therefore, we tried to design a new weight-estimation formulae using various anthropometric variables. The subjects were 33 male and 132 female elderly inpatients certified to be at care level 4 or 5. The body composition included height, body weight, arm circumference, triceps skinfold thickness, subscapular skinfold thickness, calf circumference, and waist circumference. We studied the correlation between the body weight and each anthropometric variable and age. In men, the highest correlation with body weight was shown by waist circumference (r=0.891, pbedridden elderly patients requiring care.

  11. Evaluation of methods to estimate the essential amino acids requirements of fish from the muscle amino acid profile

    Directory of Open Access Journals (Sweden)

    Álvaro José de Almeida Bicudo

    2014-03-01

    Full Text Available Many methods to estimate amino acid requirement based on amino acid profile of fish have been proposed. This study evaluates the methodology proposed by Meyer & Fracalossi (2005 and by Tacon (1989 to estimate amino acids requirement of fish, which do exempt knowledge on previous nutritional requirement of reference amino acid. Data on amino acid requirement of pacu, Piaractus mesopotamicus, were used to validate de accuracy of those methods. Meyer & Fracalossi's and Tacon's methodology estimated the lysine requirement of pacu, respectively, at 13 and 23% above requirement determined using dose-response method. The values estimated by both methods lie within the range of requirements determined for other omnivorous fish species, the Meyer & Fracalossi (2005 method showing better accuracy.

  12. Competing conservation objectives for predators and prey: estimating killer whale prey requirements for Chinook salmon.

    Directory of Open Access Journals (Sweden)

    Rob Williams

    Full Text Available Ecosystem-based management (EBM of marine resources attempts to conserve interacting species. In contrast to single-species fisheries management, EBM aims to identify and resolve conflicting objectives for different species. Such a conflict may be emerging in the northeastern Pacific for southern resident killer whales (Orcinus orca and their primary prey, Chinook salmon (Oncorhynchus tshawytscha. Both species have at-risk conservation status and transboundary (Canada-US ranges. We modeled individual killer whale prey requirements from feeding and growth records of captive killer whales and morphometric data from historic live-capture fishery and whaling records worldwide. The models, combined with caloric value of salmon, and demographic and diet data for wild killer whales, allow us to predict salmon quantities needed to maintain and recover this killer whale population, which numbered 87 individuals in 2009. Our analyses provide new information on cost of lactation and new parameter estimates for other killer whale populations globally. Prey requirements of southern resident killer whales are difficult to reconcile with fisheries and conservation objectives for Chinook salmon, because the number of fish required is large relative to annual returns and fishery catches. For instance, a U.S. recovery goal (2.3% annual population growth of killer whales over 28 years implies a 75% increase in energetic requirements. Reducing salmon fisheries may serve as a temporary mitigation measure to allow time for management actions to improve salmon productivity to take effect. As ecosystem-based fishery management becomes more prevalent, trade-offs between conservation objectives for predators and prey will become increasingly necessary. Our approach offers scenarios to compare relative influence of various sources of uncertainty on the resulting consumption estimates to prioritise future research efforts, and a general approach for assessing the extent of

  13. ENERGY AND PROTEIN REQUIREMENTS OF GROWING PELIBUEY SHEEP UNDER TROPICAL CONDITIONS ESTIMATED FROM A LITERATURE DATABASE ANALYSES

    Directory of Open Access Journals (Sweden)

    Fernando Duarte

    2012-01-01

    Full Text Available Data from previous studies were used to estimate the metabolizable energy and protein requirements for maintenance and growth and basal metabolism energy requirement of male Pelibuey sheep under tropical conditions were estimated. In addition, empty body weight and mature weight of males and female Pelibuey sheep were also estimated. Basal metabolism energy requirements were estimated with the Cornell Net Carbohydrate and Protein System – Sheep (CNCPS-S model using the a1 factor of the maintenance equation. Mature weight was estimated to be 69 kg for males and 45 kg for females. Empty body weight was estimated to be 81% of live weight. Metabolizable energy and protein requirements for growth were 0.106 Mcal MEm/kg LW0.75 and 2.4 g MP/kg LW0.75 for males. The collected information did not allowed appropriate estimation of female requirements. The basal metabolism energy requirement was estimated to be 0.039 Mcal MEm/kg LW0.75. Energy requirements for basal metabolism were lower in Pelibuey sheep than those reported for wool breeds even though their total requirements were similar.

  14. Performance of methods for estimation of table beet water requirement in Alagoas

    Directory of Open Access Journals (Sweden)

    Daniella P. dos Santos

    Full Text Available ABSTRACT Optimization of water use in agriculture is fundamental, particularly in regions where water scarcity is intense, requiring the adoption of technologies that promote increased irrigation efficiency. The objective of this study was to evaluate evapotranspiration models and to estimate the crop coefficients of beet grown in a drainage lysimeter in the Agreste region of Alagoas. The experiment was conducted at the Campus of the Federal University of Alagoas - UFAL, in the municipality of Arapiraca, AL, between March and April 2014. Crop evapotranspiration (ETc was estimated in drainage lysimeters and reference evapotranspiration (ETo by Penman-Monteith-FAO 56 and Hargreaves-Samani methods. The Hargreaves-Samani method presented a good performance index for ETo estimation compared with the Penman-Monteith-FAO method, indicating that it is adequate for the study area. Beet ETc showed a cumulative demand of 202.11 mm for a cumulative reference evapotranspiration of 152.00 mm. Kc values determined using the Penman-Monteith-FAO 56 and Hargreaves-Samani methods were overestimated, in comparison to the Kc values of the FAO-56 standard method. With the obtained results, it is possible to correct the equations of the methods for the region, allowing for adequate irrigation management.

  15. Estimation of crop water requirements using remote sensing for operational water resources management

    Science.gov (United States)

    Vasiliades, Lampros; Spiliotopoulos, Marios; Tzabiras, John; Loukas, Athanasios; Mylopoulos, Nikitas

    2015-06-01

    An integrated modeling system, developed in the framework of "Hydromentor" research project, is applied to evaluate crop water requirements for operational water resources management at Lake Karla watershed, Greece. The framework includes coupled components for operation of hydrotechnical projects (reservoir operation and irrigation works) and estimation of agricultural water demands at several spatial scales using remote sensing. The study area was sub-divided into irrigation zones based on land use maps derived from Landsat 5 TM images for the year 2007. Satellite-based energy balance for mapping evapotranspiration with internalized calibration (METRIC) was used to derive actual evapotranspiration (ET) and crop coefficient (ETrF) values from Landsat TM imagery. Agricultural water needs were estimated using the FAO method for each zone and each control node of the system for a number of water resources management strategies. Two operational strategies of hydro-technical project development (present situation without operation of the reservoir and future situation with the operation of the reservoir) are coupled with three water demand strategies. In total, eight (8) water management strategies are evaluated and compared. The results show that, under the existing operational water resources management strategies, the crop water requirements are quite large. However, the operation of the proposed hydro-technical projects in Lake Karla watershed coupled with water demand management measures, like improvement of existing water distribution systems, change of irrigation methods, and changes of crop cultivation could alleviate the problem and lead to sustainable and ecological use of water resources in the study area.

  16. 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

  17. SEBAL Model Using to Estimate Irrigation Water Efficiency & Water Requirement of Alfalfa Crop

    Science.gov (United States)

    Zeyliger, Anatoly; Ermolaeva, Olga

    2013-04-01

    The sustainability of irrigation is a complex and comprehensive undertaking, requiring an attention to much more than hydraulics, chemistry, and agronomy. A special combination of human, environmental, and economic factors exists in each irrigated region and must be recognized and evaluated. A way to evaluate the efficiency of irrigation water use for crop production is to consider the so-called crop-water production functions, which express the relation between the yield of a crop and the quantity of water applied to it or consumed by it. The term has been used in a somewhat ambiguous way. Some authors have defined the Crop-Water Production Functions between yield and the total amount of water applied, whereas others have defined it as a relation between yield and seasonal evapotranspiration (ET). In case of high efficiency of irrigation water use the volume of water applied is less than the potential evapotranspiration (PET), then - assuming no significant change of soil moisture storage from beginning of the growing season to its end-the volume of water may be roughly equal to ET. In other case of low efficiency of irrigation water use the volume of water applied exceeds PET, then the excess of volume of water applied over PET must go to either augmenting soil moisture storage (end-of-season moisture being greater than start-of-season soil moisture) or to runoff or/and deep percolation beyond the root zone. In presented contribution some results of a case study of estimation of biomass and leaf area index (LAI) for irrigated alfalfa by SEBAL algorithm will be discussed. The field study was conducted with aim to compare ground biomass of alfalfa at some irrigated fields (provided by agricultural farm) at Saratov and Volgograd Regions of Russia. The study was conducted during vegetation period of 2012 from April till September. All the operations from importing the data to calculation of the output data were carried by eLEAF company and uploaded in Fieldlook web

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

    Energy Technology Data Exchange (ETDEWEB)

    Buckler, Julius

    2016-07-01

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

  19. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  20. Estimation of the Required Amount of Superconductors for High-field Accelerator Dipole Magnets

    CERN Document Server

    Schwerg, N

    2007-01-01

    The coil size and the corresponding amount of superconducting material that is used during the design process of a magnet cross-section have direct impacts on the overall magnet cost. It is therefore of interest to estimate the minimum amount of conductors needed to reach the defined field strength before a detailed design process starts. Equally, it is useful to evaluate the efficiency of a given design by calculating the amount of superconducting cables that are used to reach the envisaged main field by simple rule. To this purpose, the minimum amount of conductors for the construction of a dipole of given main field strength and aperture size is estimated taking the actual critical current density of the used strands into account. Characteristic curves applicable for the NED Nb$_{3}$Sn strand specification are given and some of the recently studied different dipole configurations are compared. Based on these results, it is shown how the required amount of conductors changes due to the iron yoke contributio...

  1. The Legality and Validity of Administrative Enforcement

    Directory of Open Access Journals (Sweden)

    Sergei V. Iarkovoi

    2018-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2006-07-15

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

  3. Estimating long-term uranium resource availability and discovery requirements. A Canadian case study

    International Nuclear Information System (INIS)

    Martin, H.L.; Azis, A.; Williams, R.M.

    1979-01-01

    Well-founded estimates of the rate at which a country's resources might be made available are a prime requisite for energy planners and policy makers at the national level. To meet this need, a method is discussed that can aid in the analysis of future supply patterns of uranium and other metals. Known sources are first appraised, on a mine-by-mine basis, in relation to projected domestic needs and expectable export levels. The gap between (a) production from current and anticipated mines, and (b) production levels needed to meet both domestic needs and export opportunities, would have to be met by new sources. Using as measuring sticks the resources and production capabilities of typical uranium deposits, a measure can be obtained of the required timing and magnitude of discovery needs. The new discoveries, when developed into mines, would need to be sufficient to meet not only any shortfalls in production capability, but also any special reserve requirements as stipulated, for example, under Canada's uranium export guidelines. Since the method can be followed simply and quickly, it can serve as a valuable tool for long-term supply assessments of any mineral commodity from a nation's mines. (author)

  4. 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)

  5. The Air Force Mobile Forward Surgical Team (MFST): Using the Estimating Supplies Program to Validate Clinical Requirement

    National Research Council Canada - National Science Library

    Nix, Ralph E; Onofrio, Kathleen; Konoske, Paula J; Galarneau, Mike R; Hill, Martin

    2004-01-01

    .... The primary objective of the study was to provide the Air Force with the ability to validate clinical requirements of the MFST assemblage, with the goal of using NHRC's Estimating Supplies Program (ESP...

  6. Estimating the incremental net health benefit of requirements for cardiovascular risk evaluation for diabetes therapies.

    Science.gov (United States)

    Chawla, Anita J; Mytelka, Daniel S; McBride, Stephan D; Nellesen, Dave; Elkins, Benjamin R; Ball, Daniel E; Kalsekar, Anupama; Towse, Adrian; Garrison, Louis P

    2014-03-01

    To evaluate the advantages and disadvantages of pre-approval requirements for safety data to detect cardiovascular (CV) risk contained in the December 2008 U.S. Food and Drug Administration (FDA) guidance for developing type 2 diabetes drugs compared with the February 2008 FDA draft guidance from the perspective of diabetes population health. We applied the incremental net health benefit (INHB) framework to quantify the benefits and risks of investigational diabetes drugs using a common survival metric (life-years [LYs]). We constructed a decision analytic model for clinical program development consistent with the requirements of each guidance and simulated diabetes drugs, some of which had elevated CV risk. Assuming constant research budgets, we estimate the impact of increased trial size on drugs investigated. We aggregate treatment benefit and CV risks for each approved drug over a 35-year horizon under each guidance. The quantitative analysis suggests that the December 2008 guidance adversely impacts diabetes population health. INHB was -1.80 million LYs, attributable to delayed access to diabetes therapies (-0 .18 million LYs) and fewer drugs (-1.64 million LYs), but partially offset by reduced CV risk exposure (0.02 million LYs). Results were robust in sensitivity analyses. The health outcomes impact of all potential benefits and risks should be evaluated in a common survival measure, including health gain from avoided adverse events, lost health benefits from delayed or for gone efficacious products, and impact of alternative policy approaches. Quantitative analysis of the December 2008 FDA guidance for diabetes therapies indicates that negative impact on patient health will result. Copyright © 2014 The Authors. Pharmacoepidemiology and Drug Safety published by John Wiley & Sons, Ltd.

  7. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  8. Direction for the Estimation of Required Resources for Nuclear Power Plant Decommissioning based on BIM via Case Study

    Energy Technology Data Exchange (ETDEWEB)

    Jung, Insu [Korea Institute of Construction Technology, Goyang (Korea, Republic of); Kim, Woojung [KHNP-Central Research Institute, Daejeon (Korea, Republic of)

    2014-05-15

    Ways to estimate decommissioning of required resources in the past have imposed great uncertainty since they analyze required resources at the construction stage, analyzing and consulting decommissioning required resources of overseas nuclear power plants. As demands on efficient management and use of complicated construction information increased these days, demands on the introduction of Building Information Modeling (herein after referred to as BIM) technology has increased. In the area of quotation, considerable effects are expected as to the accuracy and reliability predicting construction costs through the characteristics that can automatically estimate quantities by using attribute information of BIM model. BIM-based estimation and quotation of required resources is more accurate than the existing 2D-based quotations and have many advantages such as reviews over constructability and interference. It can be desirable to estimate decommissioning required resources in nuclear power plants using BIM as well as using tools that are compatible with usual international/industrial standards. As we looked into the cases where required resources were estimated, using BIM in Korea and abroad, they dealt with estimation of required resources, estimation of construction cost and process management at large. In each area, methodologies, classification systems, BIM, and realization tests have been used variably. Nonetheless, several problems have been reported, and among them, it is noticeable that although BIM standard classification system exists, no case was found that has used standard classification system. This means that no interlink among OBS (Object Breakdown Structure), WBS (Work Breakdown Structure) and CBS (Cost Breakdown Structure) was possible. Thus, for nuclear power plant decommissioning, decommissioning method and process, etc. shall be defined clearly in the stage of decommissioning strategy establishment, so that classification systems must be set up

  9. Direction for the Estimation of Required Resources for Nuclear Power Plant Decommissioning based on BIM via Case Study

    International Nuclear Information System (INIS)

    Jung, Insu; Kim, Woojung

    2014-01-01

    Ways to estimate decommissioning of required resources in the past have imposed great uncertainty since they analyze required resources at the construction stage, analyzing and consulting decommissioning required resources of overseas nuclear power plants. As demands on efficient management and use of complicated construction information increased these days, demands on the introduction of Building Information Modeling (herein after referred to as BIM) technology has increased. In the area of quotation, considerable effects are expected as to the accuracy and reliability predicting construction costs through the characteristics that can automatically estimate quantities by using attribute information of BIM model. BIM-based estimation and quotation of required resources is more accurate than the existing 2D-based quotations and have many advantages such as reviews over constructability and interference. It can be desirable to estimate decommissioning required resources in nuclear power plants using BIM as well as using tools that are compatible with usual international/industrial standards. As we looked into the cases where required resources were estimated, using BIM in Korea and abroad, they dealt with estimation of required resources, estimation of construction cost and process management at large. In each area, methodologies, classification systems, BIM, and realization tests have been used variably. Nonetheless, several problems have been reported, and among them, it is noticeable that although BIM standard classification system exists, no case was found that has used standard classification system. This means that no interlink among OBS (Object Breakdown Structure), WBS (Work Breakdown Structure) and CBS (Cost Breakdown Structure) was possible. Thus, for nuclear power plant decommissioning, decommissioning method and process, etc. shall be defined clearly in the stage of decommissioning strategy establishment, so that classification systems must be set up

  10. Constraints on LISA Pathfinder's Self-Gravity: Design Requirements, Estimates and Testing Procedures

    Science.gov (United States)

    Armano, M.; Audley, H.; Auger, G.; Baird, J.; Binetruy, P.; Born, M.; Bortoluzzi, M.; Brandt, Nico; Bursi, Alessandro; Slutsky. J.; hide

    2016-01-01

    LISA Pathfinder satellite was launched on 3 December 2015 toward the Sun Earth first Lagrangian point (L1) where the LISA Technology Package (LTP), which is the main science payload, will be tested. LTP achieves measurements of differential acceleration of free-falling test masses (TMs) with sensitivity below 3 x 10(exp -14) m s(exp -2) Hz(exp - 1/2) within the 130 mHz frequency band in one dimension. The spacecraft itself is responsible for the dominant differential gravitational field acting on the two TMs. Such a force interaction could contribute a significant amount of noise and thus threaten the achievement of the targeted free-fall level. We prevented this by balancing the gravitational forces to the sub nm s(exp -2) level, guided by a protocol based on measurements of the position and the mass of all parts that constitute the satellite, via finite element calculation tool estimates. In this paper, we will introduce the gravitational balance requirements and design, and then discuss our predictions for the balance that will be achieved in flight.

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  12. A Decision Tool to Evaluate Budgeting Methodologies for Estimating Facility Recapitalization Requirements

    National Research Council Canada - National Science Library

    Hickman, Krista M

    2008-01-01

    .... Specifically, the thesis sought to answer an overarching research question addressing the importance of recapitalization and the best method to estimate the facility recapitalization budget using...

  13. 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....

  14. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  15. HIV in hiding: methods and data requirements for the estimation of the number of people living with undiagnosed HIV

    DEFF Research Database (Denmark)

    Lundgren, Jens

    2011-01-01

    Many people who are HIV positive are unaware of their infection status. Estimation of the number of people with undiagnosed HIV within a country or region is vital for understanding future need for treatment and for motivating testing programs. We review the available estimation approaches which...... are in current use. They can be broadly classified into those based on prevalence surveys and those based on reported HIV and AIDS cases. Estimation based on prevalence data requires data from regular prevalence surveys in different population groups together with estimates of the size of these groups....... The recommended minimal case reporting data needed to estimate the number of patients with undiagnosed HIV are HIV diagnoses, including CD4 count at diagnosis and whether there has been an AIDS diagnosis in the 3 months before or after HIV diagnosis, and data on deaths in people with HIV. We would encourage all...

  16. 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

  17. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

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

  18. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  19. LEGAL DRAFTING IN CROATIA - CASE STUDY

    Directory of Open Access Journals (Sweden)

    Dario Đerđa

    2017-01-01

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

  20. 29 CFR 520.200 - What is the legal authority for payment of wages lower than the minimum wage required by section...

    Science.gov (United States)

    2010-07-01

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

  1. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

  2. 10 CFR 719.10 - What information must be included in the legal management plan?

    Science.gov (United States)

    2010-01-01

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

  3. Estimation of the Required Modeling Depth for the Simulation of Cable Switching in a Cable-based Network

    DEFF Research Database (Denmark)

    Silva, Filipe Faria Da; Bak, Claus Leth; Balle Holst, Per

    2012-01-01

    . If the area is too large, the simulation requires a long period of time and numerical problems are more likely to exist. This paper proposes a method that can be used to estimate the depth of the modeling area using the grid layout, which can be obtained directly from a PSS/E file, or equivalent...

  4. Estimation of the dietary requirement for vitamin D in adolescents aged 14-18 y

    DEFF Research Database (Denmark)

    Smith, Taryn J; Tripkovic, Laura; Damsgaard, Camilla Trab

    2016-01-01

    BACKGROUND: Adolescents are a population group at high risk of low vitamin D status, yet the evidence base for establishing dietary vitamin D requirements remains weak. OBJECTIVE: The aim was to establish the distribution of vitamin D intakes required to maintain serum 25-hydroxyvitamin D [25(OH)...

  5. An experience report on ERP effort estimation driven by quality requirements

    NARCIS (Netherlands)

    Erasmus, Pierre; Daneva, Maya; Schockert, Sixten

    2015-01-01

    Producing useful and accurate project effort estimates is highly dependable on the proper definition of the project scope. In the ERP service industry, the scope of an ERP service project is determined by desired needs which are driven by certain quality attributes that the client expects to be

  6. 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.

  7. Method of Estimating the Principal Characteristics of an Infantry Fighting Vehicle from Basic Performance Requirements

    Science.gov (United States)

    2013-08-01

    in a linear scaling with vehicle weight. • Counter-examples to linear scaling, such as torsion rods , account only for a small fraction (< 10%) of...at the maximum cabin height comes out to be 61 cm which is consistent with previous designs. We wish to keep as much flexibility for the designer...the ground via the track shoe(s). If we assume the track is perfectly flexible , one can estimate the sinkage by:10 0 = 6 5 √

  8. Where can pixel counting area estimates meet user-defined accuracy requirements?

    Science.gov (United States)

    Waldner, François; Defourny, Pierre

    2017-08-01

    Pixel counting is probably the most popular way to estimate class areas from satellite-derived maps. It involves determining the number of pixels allocated to a specific thematic class and multiplying it by the pixel area. In the presence of asymmetric classification errors, the pixel counting estimator is biased. The overarching objective of this article is to define the applicability conditions of pixel counting so that the estimates are below a user-defined accuracy target. By reasoning in terms of landscape fragmentation and spatial resolution, the proposed framework decouples the resolution bias and the classifier bias from the overall classification bias. The consequence is that prior to any classification, part of the tolerated bias is already committed due to the choice of the spatial resolution of the imagery. How much classification bias is affordable depends on the joint interaction of spatial resolution and fragmentation. The method was implemented over South Africa for cropland mapping, demonstrating its operational applicability. Particular attention was paid to modeling a realistic sensor's spatial response by explicitly accounting for the effect of its point spread function. The diagnostic capabilities offered by this framework have multiple potential domains of application such as guiding users in their choice of imagery and providing guidelines for space agencies to elaborate the design specifications of future instruments.

  9. Thermal requirements and estimate of the annual number of generations of Frankliniella occidentalis (Pergande) (Thysanoptera: Thripidae) on strawberry crop

    International Nuclear Information System (INIS)

    Nondillo, Aline; Redaelli, Luiza R.; Pinent, Silvia M.J.; Gitz, Rogerio

    2008-01-01

    Frankliniella occidentalis (Pergande) is one of the major strawberry pests in southern Brazil. The insect causes russeting and wither in flowers and fruits reducing commercial value. In this work, the thermal requirements of the eggs, larvae and pupae of F. occidentalis were estimated. Thrips development was studied in folioles of strawberry plants at six constant temperatures (16, 19, 22, 25, 28 and 31 deg C) in controlled conditions (70 +- 10% R.H. and 12:12 L:D). The number of annual generations of F. occidentalis was estimated for six strawberry production regions of Rio Grande do Sul State based on its thermal requirements. Developmental time of each F. occidentalis stages was proportional to the temperature increase. The best development rate was obtained when insects were reared at 25 deg C and 28 deg C. The lower threshold and the thermal requirements for the egg to adult stage were 9.9 deg C and 211.9 degree-days, respectively. Considering the thermal requirements of F. occidentalis, 10.7, 12.6, 13.1, 13.6, 16.5 and 17.9 generations/year were estimated, respectively, for Vacaria, Caxias do Sul, Farroupilha, Pelotas, Porto Alegre and Taquari producing regions located in Rio Grande do Sul State, Brazil. (author)

  10. Estimation of waste package performance requirements for a nuclear waste repository in basalt

    International Nuclear Information System (INIS)

    Wood, B.J.

    1980-07-01

    A method of developing waste package performance requirements for specific nuclides is described, and based on federal regulations concerning permissible concentrations in solution at the point of discharge to the accessible environment, a simple and conservative transport model, and baseline and potential worst-case release scenarios

  11. Estimation of the dietary requirement for vitamin D in healthy adolescent white girls

    DEFF Research Database (Denmark)

    Cashman, Kevin D.; FitzGerald, A. P.; Viljakainen, H. T.

    2011-01-01

    Background: Knowledge gaps have contributed to considerable variation (between 0 and 15 μg/d) in international dietary recommendations for vitamin D in adolescents. Objective: We aimed to establish the distribution of dietary vitamin D required to maintain serum 25-hydroxyvitamin D (25(OH)D) conc...

  12. Estimation of the dietary requirement for vitamin D in white children aged 4-8 y

    DEFF Research Database (Denmark)

    Mortensen, Charlotte; Damsgaard, Camilla Trab; Hauger, Hanne

    2016-01-01

    BACKGROUND: Children in northern latitudes are at high risk of vitamin D deficiency during winter because of negligible dermal vitamin D3 production. However, to our knowledge, the dietary requirement for maintaining the nutritional adequacy of vitamin D in young children has not been investigate...

  13. 30 CFR 41.20 - Legal identity report.

    Science.gov (United States)

    2010-07-01

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

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

    African Journals Online (AJOL)

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

  15. [Legal and illegal abortion in Switzerland].

    Science.gov (United States)

    Stamm, H

    1970-01-01

    Aspects of legal and illegal abortion in Switzerland are discussed. About 110,000 births, 25,000 therapeutic abortions (75% for psychiatric indications) and an estimated 50,000 illegal abortions occur annually in Switzerland. Although the mortality and morbidity of therapeutic aborti on are similar to those of normal births (1.4 per 1000 and 11%, respectively) the mortality and morbidity of criminal abortions are far greater (3 per 1000 and 73%, respectively). In the author's view, too strict an interpretatiok of Swiss abortion law (which permits abortion to avoid serious harm to the mother's health) does not take into account the severe and lasting emotional and psychological damage which may be caused by unwanted pregnancy, birth, and childraising. In the present social situation, the social and psychological support required by these women is not available; until it is, abortion is to be preferred.

  16. Direct estimation of the oxygen requirements of Achromobacter xylosoxidans for aerobic degradation of monoaromatic hydrocarbons (BTEX) in a bioscrubber.

    Science.gov (United States)

    Nielsen, David R; McLellan, P James; Daugulis, Andrew J

    2006-08-01

    The O2 requirements for biomass production and supplying maintenance energy demands during the degradation of both benzene and ethylbenzene by Achromobacter xylosoxidans Y234 were measured using a newly proposed technique involving a bioscrubber. Using this approach, relevant microbial parameter estimates were directly and simultaneously obtained via linear regression of pseudo steady-state data. For benzene and ethylbenzene, the biomass yield on O2, Y(X/O2), was estimated on a cell dry weight (CDW) basis as 1.96 +/- 0.25 mg CDW mgO2(-1) and 0.98 +/- 0.17 mg CDW mgO2(-1), while the specific rate of O2 consumption for maintenance, m(O2), was estimated as 0.041 +/- 0.008 mgO(2) mg CDW(-1) h(-1) and 0.053 +/- 0.022 mgO(2) mg CDW(-1) h(-1), respectively.

  17. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

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

  18. Use of simple transport equations to estimate waste package performance requirements

    International Nuclear Information System (INIS)

    Wood, B.J.

    1982-01-01

    A method of developing waste package performance requirements for specific nuclides is described. The method is based on: Federal regulations concerning permissible concentrations in solution at the point of discharge to the accessible environment; a simple and conservative transport model; baseline and potential worst-case release scenarios. Use of the transport model enables calculation of maximum permissible release rates within a repository in basalt for each of the scenarios. The maximum permissible release rates correspond to performance requirements for the engineered barrier system. The repository was assumed to be constructed in a basalt layer. For the cases considered, including a well drilled into an aquifer 1750 m from the repository center, little significant advantage is obtained from a 1000-yr as opposed to a 100-yr waste package. A 1000-yr waste package is of importance only for nuclides with half-lives much less than 100 yr which travel to the accessible environment in much less than 1000 yr. Such short travel times are extremely unlikely for a mined repository. Among the actinides, the most stringent maximum permissible release rates are for 236 U and 234 U. A simple solubility calculation suggests, however, that these performance requirements can be readily met by the engineered barrier system. Under the reducing conditions likely to occur in a repository located in basalt, uranium would be sufficiently insoluble that no solution could contain more than about 0.01% of the maximum permissible concentration at saturation. The performance requirements derived from the one-dimensional modeling approach are conservative by at least one to two orders of magnitude. More quantitative three-dimensional modeling at specific sites should enable relaxation of the performance criteria derived in this study. 12 references, 8 figures, 8 tables

  19. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  20. Estimating flexural rigidity and load magnitude required for formation of Ross Island flexure moat

    Science.gov (United States)

    Jha, S.; Harry, D. L.; Wenman, C. P.

    2017-12-01

    Lithospheric flexural subsidence around Ross Island in West Antarctica led to formation of the Ross Island flexure moat. This subsidence was caused by two major volcanic phases on Ross Island. The first phase saw the first surficial expression of Ross Island and volcanism at Mt. Bird to the north of Ross Island, which lasted from 5.2 - 2.9 Ma. The second phase lasted from 1.78 Ma to present and is comprised of eruptions from Mt. Terror to the east, Mt. Erebus to the west and Hut Point Peninsula (HPP) to the south of Ross Island. Flexural subsidence of the lithosphere due to volcanism on Ross Island led to formation of a sedimentary moat around the island, which is preserved in stratigraphy imaged on seismic reflection profiles. We identified 5 unconformities (from deepest upward Ri, RMU1, RMU2, RMU3, RMU4) in the seismic surveys which correspond to flexural subsidence episodes around Ross Island since early Pliocene. Ri (4.4 Ma) lies near the bottom of the flexural moat and RMU4 near the seafloor and top of the moat fill. These unconformities were used to make isopach maps to constrain flexure modeling of the area. Isopach maps show circular or semi-circular flexure basins around Ross Island which is approximated using a continuous plate, point load flexure model. We used Ri - sea floor isopach to constrain flexure models for 5 profiles centered on 4 volcanic centers and trending radially out of Ross Island. Flexure models along two profiles beginning on Mt. Bird and one profile off HPP show a flexural rigidity range of 1.47 - 6.44 x 1018 Nm with load center of mass on Mt. Bird and on HPP, respectively. A similar model along a profile initiating on Mt. Terror, passing through Mt Erebus and extending west of Ross Island across the moat, yielded a higher flexural rigidity estimate of 2.03 x 1019 Nm with load centered at Mt. Erebus. A flexure model to the north east of Ross Island along a profile beginning at Mt Terror and trending north, provide the highest flexural

  1. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  2. Use of performance curves in estimating number of procedures required to achieve proficiency in coronary angiography

    DEFF Research Database (Denmark)

    Räder, Sune B E W; Jørgensen, Erik; Bech, Bo

    2011-01-01

    .001 for all parameters. To approach the experts' level of DAP and contrast media use, trainees need 394 and 588 procedures, respectively. Performance curves showed large individual differences in the development of competence. Conclusion: On average, trainees needed 300 procedures to reach sufficient level...... needed for trainees to reach recommended reference levels was estimated as 226 and 353, for DAP and use of contrast media, respectively. After 300 procedures, trainees' procedure time, fluoroscopy time, DAP, and contrast media volume were significantly higher compared with experts' performance, P ...Background: Current guidelines in cardiology training programs recommend 100-300 coronary angiography procedures for certification. We aimed to assess the number of procedures needed to reach sufficient proficiency. Methods: Procedure time, fluoroscopy time, dose area product (DAP), and contrast...

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

    Science.gov (United States)

    Vlietinck, Arnold; Pieters, Luc; Apers, Sandra

    2009-06-01

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

  4. [Estimating the impacts of future climate change on water requirement and water deficit of winter wheat in Henan Province, China].

    Science.gov (United States)

    Ji, Xing-jie; Cheng, Lin; Fang, Wen-song

    2015-09-01

    Based on the analysis of water requirement and water deficit during development stage of winter wheat in recent 30 years (1981-2010) in Henan Province, the effective precipitation was calculated using the U.S. Department of Agriculture Soil Conservation method, the water requirement (ETC) was estimated by using FAO Penman-Monteith equation and crop coefficient method recommended by FAO, combined with the climate change scenario A2 (concentration on the economic envelopment) and B2 ( concentration on the sustainable development) of Special Report on Emissions Scenarios (SRES) , the spatial and temporal characteristics of impacts of future climate change on effective precipitation, water requirement and water deficit of winter wheat were estimated. The climatic impact factors of ETc and WD also were analyzed. The results showed that under A2 and B2 scenarios, there would be a significant increase in anomaly percentage of effective precipitation, water requirement and water deficit of winter wheat during the whole growing period compared with the average value from 1981 to 2010. Effective precipitation increased the most in 2030s under A2 and B2 scenarios by 33.5% and 39.2%, respectively. Water requirement increased the most in 2010s under A2 and B2 scenarios by 22.5% and 17.5%, respectively, and showed a significant downward trend with time. Water deficit increased the most under A2 scenario in 2010s by 23.6% and under B2 scenario in 2020s by 13.0%. Partial correlation analysis indicated that solar radiation was the main cause for the variation of ETc and WD in future under A2 and B2 scenarios. The spatial distributions of effective precipitation, water requirement and water deficit of winter wheat during the whole growing period were spatially heterogeneous because of the difference in geographical and climatic environments. A possible tendency of water resource deficiency may exist in Henan Province in the future.

  5. Estimating indigenous resources for fuel-wood and poles and plantation requirements in the tribal trust lands of Zimbabwe Rhodesia

    Energy Technology Data Exchange (ETDEWEB)

    Furness, C K

    1981-01-01

    The difficulties encountered in planning for the conservation of indigenous timber resources and in estimating the timber consumption in tribal trust land are outlined in this paper. An estimate of these resources and of the consumption of timber, together with an estimate of exotic plantations required to make up any shortfall of timber, is given. Some 66,000 ha of eucalypts are currently required in the tribal trust lands, where planting has thus far provided only 3800 ha. The types of plantations established and the species used are mentioned. The rural population has, generally speaking, shown only limited enthusiasm for growing exotics, one of the reasons being the traditional use of indigenous timber which is still available in most areas without cost, and the preference for indigenous timber compared to eucalypts. The need for more reliable data for future planning is emphasized. Substitutes for fuel-wood are discussed and the need to reserve areas of indigenous timber in tribal trust land for the protection of soil and water and for fuel-wood are proposed. (Refs. 1).

  6. Estimates of power requirements for a Manned Mars Rover powered by a nuclear reactor

    Science.gov (United States)

    Morley, Nicholas J.; El-Genk, Mohamed S.; Cataldo, Robert; Bloomfield, Harvey

    1991-01-01

    This paper assesses the power requirement for a Manned Mars Rover vehicle. Auxiliary power needs are fulfilled using a hybrid solar photovoltaic/regenerative fuel cell system, while the primary power needs are meet using an SP-100 type reactor. The primary electric power needs, which include 30-kW(e) net user power, depend on the reactor thermal power and the efficiency of the power conversion system. Results show that an SP-100 type reactor coupled to a Free Piston Stirling Engine yields the lowest total vehicle mass and lowest specific mass for the power system. The second lowest mass was for a SP-100 reactor coupled to a Closed Brayton Cycle using He/Xe as the working fluid. The specific mass of the nuclear reactor power system, including a man-rated radiation shield, ranged from 150-kg/kW(e) to 190-kg/KW(e) and the total mass of the Rover vehicle varied depend upon the cruising speed.

  7. Estimating the Quantity of Wind and Solar Required To Displace Storage-Induced Emissions.

    Science.gov (United States)

    Hittinger, Eric; Azevedo, Inês M L

    2017-11-07

    The variable and nondispatchable nature of wind and solar generation has been driving interest in energy storage as an enabling low-carbon technology that can help spur large-scale adoption of renewables. However, prior work has shown that adding energy storage alone for energy arbitrage in electricity systems across the U.S. routinely increases system emissions. While adding wind or solar reduces electricity system emissions, the emissions effect of both renewable generation and energy storage varies by location. In this work, we apply a marginal emissions approach to determine the net system CO 2 emissions of colocated or electrically proximate wind/storage and solar/storage facilities across the U.S. and determine the amount of renewable energy required to offset the CO 2 emissions resulting from operation of new energy storage. We find that it takes between 0.03 MW (Montana) and 4 MW (Michigan) of wind and between 0.25 MW (Alabama) and 17 MW (Michigan) of solar to offset the emissions from a 25 MW/100 MWh storage device, depending on location and operational mode. Systems with a realistic combination of renewables and storage will result in net emissions reductions compared with a grid without those systems, but the anticipated reductions are lower than a renewable-only addition.

  8. Estimating required information size by quantifying diversity in random-effects model meta-analyses

    DEFF Research Database (Denmark)

    Wetterslev, Jørn; Thorlund, Kristian; Brok, Jesper

    2009-01-01

    an intervention effect suggested by trials with low-risk of bias. METHODS: Information size calculations need to consider the total model variance in a meta-analysis to control type I and type II errors. Here, we derive an adjusting factor for the required information size under any random-effects model meta......-analysis. RESULTS: We devise a measure of diversity (D2) in a meta-analysis, which is the relative variance reduction when the meta-analysis model is changed from a random-effects into a fixed-effect model. D2 is the percentage that the between-trial variability constitutes of the sum of the between...... and interpreted using several simulations and clinical examples. In addition we show mathematically that diversity is equal to or greater than inconsistency, that is D2 >or= I2, for all meta-analyses. CONCLUSION: We conclude that D2 seems a better alternative than I2 to consider model variation in any random...

  9. Current Status and Perspectives for the Estimation of Crop Water Requirements from Earth Observation

    Directory of Open Access Journals (Sweden)

    Guido D’Urso

    2010-06-01

    Full Text Available This paper presents an overview of current techniques and recent developments in the application of Earth Observationdata for assessing crop water requirements. During recent years there has been much progress in understandingland surface-atmosphere processes and their parameterisation in the management of land and water resources.This knowledge can be combined with the potentiality of Earth Observation techniques from space, whichare able to provide detailed information for monitoring agricultural systems.As today, two main developments in the field of Earth Observation data acquisition and analysis have occurred:a availability of new generations of sensors, with enhanced spectral and spatial resolution;b detailed knowledge of the processes that determine the response of land surface as detected from remote sensorsin different regions of the electromagnetic spectrum.These advancements have made possible a “quantitative” approach in the interpretation of Earth Observation data,ready for being transferred to operative applications i.e. for irrigation scheduling and water management. Thispaper presents a review of current applications of optical data in the visible and near infrared spectral regions, withparticular emphasis to the experiences developed by the author within AQUATER and other research projectsproject.

  10. Estimation of distance error by fuzzy set theory required for strength determination of HDR (192)Ir brachytherapy sources.

    Science.gov (United States)

    Kumar, Sudhir; Datta, D; Sharma, S D; Chourasiya, G; Babu, D A R; Sharma, D N

    2014-04-01

    Verification of the strength of high dose rate (HDR) (192)Ir brachytherapy sources on receipt from the vendor is an important component of institutional quality assurance program. Either reference air-kerma rate (RAKR) or air-kerma strength (AKS) is the recommended quantity to specify the strength of gamma-emitting brachytherapy sources. The use of Farmer-type cylindrical ionization chamber of sensitive volume 0.6 cm(3) is one of the recommended methods for measuring RAKR of HDR (192)Ir brachytherapy sources. While using the cylindrical chamber method, it is required to determine the positioning error of the ionization chamber with respect to the source which is called the distance error. An attempt has been made to apply the fuzzy set theory to estimate the subjective uncertainty associated with the distance error. A simplified approach of applying this fuzzy set theory has been proposed in the quantification of uncertainty associated with the distance error. In order to express the uncertainty in the framework of fuzzy sets, the uncertainty index was estimated and was found to be within 2.5%, which further indicates that the possibility of error in measuring such distance may be of this order. It is observed that the relative distance li estimated by analytical method and fuzzy set theoretic approach are consistent with each other. The crisp values of li estimated using analytical method lie within the bounds computed using fuzzy set theory. This indicates that li values estimated using analytical methods are within 2.5% uncertainty. This value of uncertainty in distance measurement should be incorporated in the uncertainty budget, while estimating the expanded uncertainty in HDR (192)Ir source strength measurement.

  11. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2008-07-01

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

  13. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  14. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  15. Required cavity HOM deQing calculated from probability estimates of coupled bunch instabilities in the APS ring

    International Nuclear Information System (INIS)

    Emery, L.

    1993-01-01

    A method of determining the deQing requirement of individual cavity higher-order modes (HOM) for a multi-cavity RF system is presented and applied to the APS ring. Since HOM resonator frequency values are to some degree uncertain, the HOM frequencies should be regarded as random variables in predicting the stability of the coupled bunch beam modes. A Monte Carlo simulation provides a histogram of the growth rates from which one obtains an estimate of the probability of instability. The damping of each HOM type is determined such that the damping effort is economized, i.e. no single HOM dominates the specified growth rate histogram

  16. Development of legal environment for Rosatom Corporation

    International Nuclear Information System (INIS)

    El'fimova, T.L.

    2012-01-01

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

  17. " Canvas " and the Legal Business Model

    OpenAIRE

    Frederico de Andrade Gabrich

    2016-01-01

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

  18. Estimated Budget Impact of Adopting the Affordable Care Act's Required Smoking Cessation Coverage on United States Healthcare Payers.

    Science.gov (United States)

    Baker, Christine L; Ferrufino, Cheryl P; Bruno, Marianna; Kowal, Stacey

    2017-01-01

    Despite abundant information on the negative impacts of smoking, more than 40 million adult Americans continue to smoke. The Affordable Care Act (ACA) requires tobacco cessation as a preventive service with no patient cost share for all FDA-approved cessation medications. Health plans have a vital role in supporting smoking cessation by managing medication access, but uncertainty remains on the gaps between smoking cessation requirements and what is actually occurring in practice. This study presents current cessation patterns, real-world drug costs and plan benefit design data, and estimates the 1- to 5-year pharmacy budget impact of providing ACA-required coverage for smoking cessation products to understand the fiscal impact to a US healthcare plan. A closed cohort budget impact model was developed in Microsoft Excel ® to estimate current and projected costs for US payers (commercial, Medicare, Medicaid) covering smoking cessation medicines, with assumptions for coverage and smoking cessation product utilization based on current, real-world national and state-level trends for hypothetical commercial, Medicare, and Medicaid plans with 1 million covered lives. A Markov methodology with five health states captures quit attempt and relapse patterns. Results include the number of smokers attempting to quit, number of successful quitters, annual costs, and cost per-member per-month (PMPM). The projected PMPM cost of providing coverage for smoking cessation medications is $0.10 for commercial, $0.06 for Medicare, and $0.07 for Medicaid plans, reflecting a low incremental PMPM impact of covering two attempts ranging from $0.01 for Medicaid to $0.02 for commercial and Medicare payers. The projected PMPM impact of covering two quit attempts with access to all seven cessation medications at no patient cost share remains low. Results of this study reinforce that the impact of adopting the ACA requirements for smoking cessation coverage will have a limited near-term impact

  19. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

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

  20. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  1. 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...

  2. 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

  3. Estimates of nutritional requirements and use of Small Ruminant Nutrition System model for hair sheep in semiarid conditions

    Directory of Open Access Journals (Sweden)

    Alessandra Pinto de Oliveira

    2014-09-01

    Full Text Available The objective was to determine the efficiency of utilization of metabolizable energy for maintenance (km and weight gain (kf, the dietary requirements of total digestible nutrients (TDN and metabolizable protein (MP, as well as, evaluate the Small Ruminant Nutrition System (SRNS model to predict the dry matter intake (DMI and the average daily gain (ADG of Santa Ines lambs, fed diets containing different levels of metabolizable energy (ME. Thirty five lambs, non-castrated, with initial body weight (BW of 14.77 ± 1.26 kg at approximate two months old, were used. At the beginning of the experiment, five animals were slaughtered to serve as reference for the estimative of empty body weight (EBW and initial body composition of the 30 remaining animals, which were distributed in randomized block design with five treatments (1.13; 1.40; 1.73; 2.22 and 2.60 Mcal/kg DM, and six repetitions. The requirement of metabolizable energy for maintenance was 78.53 kcal/kg EBW0,75/day, with a utilization efficiency of 66%. The average value of efficiency of metabolizable energy utilization for weight gain was 48%. The dietary requirements of TDN and MP increased with the increase in BW and ADG of the animals. The SRNS model underestimated the DMI and ADG of the animals in 6.2% and 24.6%, respectively. Concludes that the values of km and kf are consistent with those observed in several studies with lambs created in the tropics. The dietary requirements of TDN and MP of Santa Ines lambs for different BW and ADG are, approximately, 42% and 24%, respectively, lower than those suggested by the american system of evaluation of food and nutrient requirements of small ruminants. The SRNS model was sensitive to predict the DMI in Santa Ines lambs, however, for variable ADG, more studies are needed, since the model underestimated the response of the animals of this study.

  4. The Long Term Effects of Legalizing Divorce on Children

    OpenAIRE

    Gonzalez, Libertad; Viitanen, Tarja

    2008-01-01

    We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

  5. The long term effects of legalizing divorce on children

    OpenAIRE

    González Luna, Libertad; Viitanen, Tarja

    2008-01-01

    We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

  6. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

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

    2008-01-01

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

  7. 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

  8. Required Accuracy of Structural Constraints in the Inversion of Electrical Resistivity Data for Improved Water Content Estimation

    Science.gov (United States)

    Heinze, T.; Budler, J.; Weigand, M.; Kemna, A.

    2017-12-01

    Water content distribution in the ground is essential for hazard analysis during monitoring of landslide prone hills. Geophysical methods like electrical resistivity tomography (ERT) can be utilized to determine the spatial distribution of water content using established soil physical relationships between bulk electrical resistivity and water content. However, often more dominant electrical contrasts due to lithological structures outplay these hydraulic signatures and blur the results in the inversion process. Additionally, the inversion of ERT data requires further constraints. In the standard Occam inversion method, a smoothness constraint is used, assuming that soil properties change softly in space. While this applies in many scenarios, sharp lithological layers with strongly divergent hydrological parameters, as often found in landslide prone hillslopes, are typically badly resolved by standard ERT. We use a structurally constrained ERT inversion approach for improving water content estimation in landslide prone hills by including a-priori information about lithological layers. The smoothness constraint is reduced along layer boundaries identified using seismic data. This approach significantly improves water content estimations, because in landslide prone hills often a layer of rather high hydraulic conductivity is followed by a hydraulic barrier like clay-rich soil, causing higher pore pressures. One saturated layer and one almost drained layer typically result also in a sharp contrast in electrical resistivity, assuming that surface conductivity of the soil does not change in similar order. Using synthetic data, we study the influence of uncertainties in the a-priori information on the inverted resistivity and estimated water content distribution. We find a similar behavior over a broad range of models and depths. Based on our simulation results, we provide best-practice recommendations for field applications and suggest important tests to obtain reliable

  9. Thermal requirements and estimated number of generations of Neopamera bilobata (Say in strawberry-producing regions of Brazil

    Directory of Open Access Journals (Sweden)

    Taciana Melissa de Azevedo Kuhn

    2017-12-01

    Full Text Available ABSTRACT: The thermal threshold and thermal requirements of Neopamera bilobata were determined, and the number of generations that this species may produce in the main strawberry-producing regions of Brazil was estimated. In a climate chamber (70±10% RH and 12h photophase at 16, 19, 22, 25, 28, or 30±1°C, the development of 120 eggs was monitored until the adult stage, at each temperature. Nymphs were maintained in individual cages and fed on strawberry fruits of the cultivar Aromas. The mean duration and viability of the egg and nymph stages were calculated by estimating the lower and upper developmental thresholds and the thermal constant, and this information was used to estimate the number of generations per year in different strawberry-producing regions of Brazil. The egg-to-adult duration decreased as temperatures increased, up to 28°C (93.4, 83.2, 43.9, and 31.4 days at 19, 22, 25, and 28°C, respectively. Viability of nymphs was highest between 22 and 28°C. At 30°C, the egg-to-adult duration increased (36 days, while the viability decreased (11.11%. The lower egg-to-adult developmental threshold was 15.2°C and the thermal constant was 418.4 degree-days. Calculating the number of generations indicated that the largest number (5.1 generations yr-1 was obtained for the municipality of Jaboti, Paraná, and the smallest for Caxias do Sul, Rio Grande do Sul (1.9 generations yr-1. Our findings demonstrated that important strawberry-producing regions in Brazil are suitable for the development of N. bilobata.

  10. Psychiatric diagnosis in legal settings

    Directory of Open Access Journals (Sweden)

    Alfred Allan

    2005-12-01

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

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

    Science.gov (United States)

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

    2014-08-01

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

  12. 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)

  13. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

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

    2011-01-01

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

  14. Protective force legal issues: the security perspective

    International Nuclear Information System (INIS)

    Rich, B.L.

    1984-01-01

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

  15. 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.

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

    Science.gov (United States)

    Marishet, Mohammed Hamza

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

  17. Religious legal systems: challenges of the modernity

    Directory of Open Access Journals (Sweden)

    Д. В. Лук’янов

    2015-11-01

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

  18. Irrigation Requirement Estimation using MODIS Vegetation Indices and Inverse Biophysical Modeling; A Case Study for Oran, Algeria

    Science.gov (United States)

    Bounoua, L.; Imhoff, M.L.; Franks, S.

    2008-01-01

    the study site, for the month of July, spray irrigation resulted in an irrigation amount of about 1.4 mm per occurrence with an average frequency of occurrence of 24.6 hours. The simulated total monthly irrigation for July was 34.85 mm. In contrast, the drip irrigation resulted in less frequent irrigation events with an average water requirement about 57% less than that simulated during the spray irrigation case. The efficiency of the drip irrigation method rests on its reduction of the canopy interception loss compared to the spray irrigation method. When compared to a country-wide average estimate of irrigation water use, our numbers are quite low. We would have to revise the reported country level estimates downward to 17% or less

  19. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

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

    2012-11-01

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

  20. Spent fuel disassembly hardware and other non-fuel bearing components: characterization, disposal cost estimates, and proposed repository acceptance requirements

    Energy Technology Data Exchange (ETDEWEB)

    Luksic, A.T.; McKee, R.W.; Daling, P.M.; Konzek, G.J.; Ludwick, J.D.; Purcell, W.L.

    1986-10-01

    There are two categories of waste considered in this report. The first is the spent fuel disassembly (SFD) hardware. This consists of the hardware remaining after the fuel pins have been removed from the fuel assembly. This includes end fittings, spacer grids, water rods (BWR) or guide tubes (PWR) as appropriate, and assorted springs, fasteners, etc. The second category is other non-fuel-bearing (NFB) components the DOE has agreed to accept for disposal, such as control rods, fuel channels, etc., under Appendix E of the standard utiltiy contract (10 CFR 961). It is estimated that there will be approximately 150 kg of SFD and NFB waste per average metric ton of uranium (MTU) of spent uranium. PWR fuel accounts for approximately two-thirds of the average spent-fuel mass but only 50 kg of the SFD and NFB waste, with most of that being spent fuel disassembly hardware. BWR fuel accounts for one-third of the average spent-fuel mass and the remaining 100 kg of the waste. The relatively large contribution of waste hardware in BWR fuel, will be non-fuel-bearing components, primarily consisting of the fuel channels. Chapters are devoted to a description of spent fuel disassembly hardware and non-fuel assembly components, characterization of activated components, disposal considerations (regulatory requirements, economic analysis, and projected annual waste quantities), and proposed acceptance requirements for spent fuel disassembly hardware and other non-fuel assembly components at a geologic repository. The economic analysis indicates that there is a large incentive for volume reduction.

  1. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  2. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  3. 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)

  4. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  5. 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

  6. Water requirement and total body water estimation as affected by species, pregnancy and lactation using tritiated water

    International Nuclear Information System (INIS)

    Kamal, T.H.; El Banna, I.M.; Ayad, M.A.; Kotby, E.A.

    1978-01-01

    Radiotracer dilution technique was used to determine total body water (TBW) and the water turnover rate (WTR) estimate of water requirements in water buffaloe, Red Dannish cattle, fat tailed Osemi sheep and Camellus Dromedarius. Water buffaloes were found to have highest TBW, followed by camels, sheep and cattle in a descending order. The WTR ranking was highest for sheep followed by water buffaloe endurance to heat was found inseperable to high water usage, while in camels, an intericate water retention mechanism help animals to thrive in deserts. Fat tailled Osemi sheep and cattle failed to cope with high environmental temperature resulting in temporary dehydration. TBW was 17% and 6% higher in pregnant cattle and sheep than non-pregnant animals respectively, while there was no observed change in pregnant buffaloes. Water retention of pregnant cattle was associated with an appriciable increase in WTR, which was not noticable in buffaloe or sheep. Lactating buffaloe have had a higher TBW and WTR than lactating cattle. Milk yield per day during the period of measurement was higher in buffalo than cattle. Wallowing of buffalo in water pools during grazing, represents a behavioural adaptation for life in hot regions, aside of tendency for higher WTR with concomitant water retention

  7. The never ending road: improving, adapting and refining a needs-based model to estimate future general practitioner requirements in two Australian states.

    Science.gov (United States)

    Laurence, Caroline O; Heywood, Troy; Bell, Janice; Atkinson, Kaye; Karnon, Jonathan

    2018-03-27

    Health workforce planning models have been developed to estimate the future health workforce requirements for a population whom they serve and have been used to inform policy decisions. To adapt and further develop a need-based GP workforce simulation model to incorporate current and estimated geographic distribution of patients and GPs. A need-based simulation model that estimates the supply of GPs and levels of services required in South Australia (SA) was adapted and applied to the Western Australian (WA) workforce. The main outcome measure was the differences in the number of full-time equivalent (FTE) GPs supplied and required from 2013 to 2033. The base scenario estimated a shortage of GPs in WA from 2019 onwards with a shortage of 493 FTE GPs in 2033, while for SA, estimates showed an oversupply over the projection period. The WA urban and rural models estimated an urban shortage of GPs over this period. A reduced international medical graduate recruitment scenario resulted in estimated shortfalls of GPs by 2033 for WA and SA. The WA-specific scenarios of lower population projections and registrar work value resulted in a reduced shortage of FTE GPs in 2033, while unfilled training places increased the shortfall of FTE GPs in 2033. The simulation model incorporates contextual differences to its structure that allows within and cross jurisdictional comparisons of workforce estimations. It also provides greater insights into the drivers of supply and demand and the impact of changes in workforce policy, promoting more informed decision-making.

  8. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

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

    2018-03-01

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

  9. 12 CFR 611.1250 - Preliminary exit fee estimate.

    Science.gov (United States)

    2010-01-01

    ... independently audited by a qualified public accountant. We may, in our discretion, waive the audit requirement... termination. Related expenses include, but are not limited to, legal services, accounting services, tax... institution and its stockholders. (ii) Subtract the dollar amount of estimated current and deferred tax...

  10. The Legal Context for Teacher Improvement.

    Science.gov (United States)

    Belsches-Simmons, Grace; Bray, Judith

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

  11. Sceptical remarks on the 'open' legal concept

    International Nuclear Information System (INIS)

    Sendler, H.

    1987-01-01

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

  12. Microdiamond grade as a regionalised variable - some basic requirements for successful local microdiamond resource estimation of kimberlites

    Science.gov (United States)

    Stiefenhofer, Johann; Thurston, Malcolm L.; Bush, David E.

    2018-04-01

    Microdiamonds offer several advantages as a resource estimation tool, such as access to deeper parts of a deposit which may be beyond the reach of large diameter drilling (LDD) techniques, the recovery of the total diamond content in the kimberlite, and a cost benefit due to the cheaper treatment cost compared to large diameter samples. In this paper we take the first step towards local estimation by showing that micro-diamond samples can be treated as a regionalised variable suitable for use in geostatistical applications and we show examples of such output. Examples of microdiamond variograms are presented, the variance-support relationship for microdiamonds is demonstrated and consistency of the diamond size frequency distribution (SFD) is shown with the aid of real datasets. The focus therefore is on why local microdiamond estimation should be possible, not how to generate such estimates. Data from our case studies and examples demonstrate a positive correlation between micro- and macrodiamond sample grades as well as block estimates. This relationship can be demonstrated repeatedly across multiple mining operations. The smaller sample support size for microdiamond samples is a key difference between micro- and macrodiamond estimates and this aspect must be taken into account during the estimation process. We discuss three methods which can be used to validate or reconcile the estimates against macrodiamond data, either as estimates or in the form of production grades: (i) reconcilliation using production data, (ii) by comparing LDD-based grade estimates against microdiamond-based estimates and (iii) using simulation techniques.

  13. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

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

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

    Directory of Open Access Journals (Sweden)

    R K Mani

    2015-01-01

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

  15. 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

  16. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

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

  17. Estimating the oligoelement requirements of children subject to exclusively parenteral nutrition by means of neutron activation analysis

    International Nuclear Information System (INIS)

    Maziere, B.; Gros, J.; Comar, D.

    1979-01-01

    Because of the rich and varied food he eats, deficiencies in oligoelements of dietary origin are very rarely found in man. However, several cases of zinc and copper deficiency have been reported in adults and children subject to prolonged entirely parenteral nutrition. In the present case ten children (eight infants of less than 18 months and two children aged between 2 and 8 years) fed exclusively by intracardiac catheter on a reconstituted diet were studied. The serum concentrations of copper, manganese, selenium and zinc in the children fed on this artificial diet were measured by neutron activation and gamma spectrometry, both with and without chemical separation. The values obtained in the young patients and in controls of the same age were compared. The result of these comparisons and a study of the kinetics of serum concentrations in the patients (one analysis every 20 days for 90 days) enabled us to determine that there was a balanced intake of copper, an excess of manganese and a considerable deficiency in zinc and selenium. In view of these observations, the diet was modified and it was established that the serum oligoelement content followed changes in oligoelement intake. Thus the serum concentrations of selenium and zinc were restored in a few weeks - completely in the case of selenium with an intake three times higher (3 μg/kg/24 h) and incompletely in the case of zinc with the intake doubled (50 μg/kg/24 h). On the basis of these results and kinetic data on the mineral metabolism, we have been able to estimate the copper, manganese, selenium and zinc requirements of children undergoing parenteral nutrition. (author)

  18. 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.

  19. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  20. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  1. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  2. 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.

  3. 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.

  4. Development of sustainable precision farming systems for swine: estimating real-time individual amino acid requirements in growing-finishing pigs.

    Science.gov (United States)

    Hauschild, L; Lovatto, P A; Pomar, J; Pomar, C

    2012-07-01

    The objective of this study was to develop and evaluate a mathematical model used to estimate the daily amino acid requirements of individual growing-finishing pigs. The model includes empirical and mechanistic model components. The empirical component estimates daily feed intake (DFI), BW, and daily gain (DG) based on individual pig information collected in real time. Based on DFI, BW, and DG estimates, the mechanistic component uses classic factorial equations to estimate the optimal concentration of amino acids that must be offered to each pig to meet its requirements. The model was evaluated with data from a study that investigated the effect of feeding pigs with a 3-phase or daily multiphase system. The DFI and BW values measured in this study were compared with those estimated by the empirical component of the model. The coherence of the values estimated by the mechanistic component was evaluated by analyzing if it followed a normal pattern of requirements. Lastly, the proposed model was evaluated by comparing its estimates with those generated by the existing growth model (InraPorc). The precision of the proposed model and InraPorc in estimating DFI and BW was evaluated through the mean absolute error. The empirical component results indicated that the DFI and BW trajectories of individual pigs fed ad libitum could be predicted 1 d (DFI) or 7 d (BW) ahead with the average mean absolute error of 12.45 and 1.85%, respectively. The average mean absolute error obtained with the InraPorc for the average individual of the population was 14.72% for DFI and 5.38% for BW. Major differences were observed when estimates from InraPorc were compared with individual observations. The proposed model, however, was effective in tracking the change in DFI and BW for each individual pig. The mechanistic model component estimated the optimal standardized ileal digestible Lys to NE ratio with reasonable between animal (average CV = 7%) and overtime (average CV = 14%) variation

  5. EMERGING LEGAL ISSUES REGARDING CIVILIAN DRONE USAGE

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2018-05-01

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

  6. Architectural Design for the Global Legal Information Network

    Science.gov (United States)

    Kalpakis, Konstantinos

    1999-01-01

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

  7. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  8. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

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

  9. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

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

  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. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

  13. 75 FR 79031 - Proposed Extension of Existing Information, Collection; Representative of Miners; Legal Identity...

    Science.gov (United States)

    2010-12-17

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

  14. 50 CFR 23.60 - What factors are considered in making a legal acquisition finding?

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    LeBlang, Theodore R.; And Others

    1985-01-01

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

  16. 12 CFR 714.5 - What is required if you rely on an estimated residual value greater than 25% of the original cost...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false What is required if you rely on an estimated residual value greater than 25% of the original cost of the leased property? 714.5 Section 714.5 Banks and Banking NATIONAL CREDIT UNION ADMINISTRATION REGULATIONS AFFECTING CREDIT UNIONS LEASING § 714.5 What is...

  17. 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.

  18. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

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

  19. Ethical, legal, and social implications (ELSI) of microdose clinical trials.

    Science.gov (United States)

    Kurihara, Chieko

    2011-06-19

    A "microdose clinical trial" (microdosing) is one kind of early phase exploratory clinical trial, administering the compound at doses estimated to have no pharmacological or toxicological effects, aimed at screening candidates for further clinical development. This article's objective is to clarify the ethical, legal, and social implications (ELSI) of such an exploratory minimum-risk human trial. The definition and non-clinical study requirements for microdosing have been harmonized among the European Union (EU), United States (US), and Japan. Being conducted according to these regulations, microdosing seems to be ethically well justified in terms of respect for persons, beneficence, justice, human dignity, and animal welfare. Three big projects have been demonstrating the predictability of therapeutic dose pharmacokinetics from microdosing. The article offers suggestions as how microdosing can become a more useful and socially accepted strategy. Copyright © 2011 Elsevier B.V. All rights reserved.

  20. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

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

  1. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  2. Requirements for enrichment tools

    NARCIS (Netherlands)

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

    2016-01-01

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

  3. 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...

  4. Validation of limited sampling models (LSM) for estimating AUC in therapeutic drug monitoring - is a separate validation group required?

    NARCIS (Netherlands)

    Proost, J. H.

    Objective: Limited sampling models (LSM) for estimating AUC in therapeutic drug monitoring are usually validated in a separate group of patients, according to published guidelines. The aim of this study is to evaluate the validation of LSM by comparing independent validation with cross-validation

  5. First Order Estimates of Energy Requirements for Pollution Control. Interagency Energy-Environment Research and Development Program Report.

    Science.gov (United States)

    Barker, James L.; And Others

    This U.S. Environmental Protection Agency report presents estimates of the energy demand attributable to environmental control of pollution from stationary point sources. This class of pollution source includes powerplants, factories, refineries, municipal waste water treatment plants, etc., but excludes mobile sources such as trucks, and…

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

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

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

  7. Regulatory and legal issues

    International Nuclear Information System (INIS)

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

    1999-01-01

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

  8. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

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

    2010-02-01

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

  9. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

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

  10. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

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

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

    Science.gov (United States)

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

    2016-11-25

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

  12. Legal 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...

  13. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

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

  14. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  15. 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...

  16. 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,

  17. 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...

  18. Clinical validity of the estimated energy requirement and the average protein requirement for nutritional status change and wound healing in older patients with pressure ulcers: A multicenter prospective cohort study.

    Science.gov (United States)

    Iizaka, Shinji; Kaitani, Toshiko; Nakagami, Gojiro; Sugama, Junko; Sanada, Hiromi

    2015-11-01

    Adequate nutritional intake is essential for pressure ulcer healing. Recently, the estimated energy requirement (30 kcal/kg) and the average protein requirement (0.95 g/kg) necessary to maintain metabolic balance have been reported. The purpose was to evaluate the clinical validity of these requirements in older hospitalized patients with pressure ulcers by assessing nutritional status and wound healing. This multicenter prospective study carried out as a secondary analysis of a clinical trial included 194 patients with pressure ulcers aged ≥65 years from 29 institutions. Nutritional status including anthropometry and biochemical tests, and wound status by a structured severity tool, were evaluated over 3 weeks. Energy and protein intake were determined from medical records on a typical day and dichotomized by meeting the estimated average requirement. Longitudinal data were analyzed with a multivariate mixed-effects model. Meeting the energy requirement was associated with changes in weight (P clinically validated for prevention of nutritional decline and of impaired healing of deep pressure ulcers. © 2014 Japan Geriatrics Society.

  19. Requirements for estimation of doses from contaminants dispersed by a 'dirty bomb' explosion in an urban area.

    Science.gov (United States)

    Andersson, K G; Mikkelsen, T; Astrup, P; Thykier-Nielsen, S; Jacobsen, L H; Hoe, S C; Nielsen, S P

    2009-12-01

    The ARGOS decision support system is currently being extended to enable estimation of the consequences of terror attacks involving chemical, biological, nuclear and radiological substances. This paper presents elements of the framework that will be applied in ARGOS to calculate the dose contributions from contaminants dispersed in the atmosphere after a 'dirty bomb' explosion. Conceptual methodologies are presented which describe the various dose components on the basis of knowledge of time-integrated contaminant air concentrations. Also the aerosolisation and atmospheric dispersion in a city of different types of conceivable contaminants from a 'dirty bomb' are discussed.

  20. (U) Estimating the Photonics Budget, Resolution, and Signal Requirements for a Multi-Monochromatic X-ray Imager

    Energy Technology Data Exchange (ETDEWEB)

    Tregillis, Ian Lee [Los Alamos National Lab. (LANL), Los Alamos, NM (United States)

    2016-09-22

    This document examines the performance of a generic flat-mirror multimonochromatic imager (MMI), with special emphasis on existing instruments at NIF and Omega. We begin by deriving the standard equation for the mean number of photons detected per resolution element. The pinhole energy bandwidth is a contributing factor; this is dominated by the finite size of the source and may be considerable. The most common method for estimating the spatial resolution of such a system (quadrature addition) is, technically, mathematically invalid for this case. However, under the proper circumstances it may produce good estimates compared to a rigorous calculation based on the convolution of point-spread functions. Diffraction is an important contribution to the spatial resolution. Common approximations based on Fraunhofer (farfield) diffraction may be inappropriate and misleading, as the instrument may reside in multiple regimes depending upon its configuration or the energy of interest. It is crucial to identify the correct diffraction regime; Fraunhofer and Fresnel (near-field) diffraction profiles are substantially different, the latter being considerably wider. Finally, we combine the photonics and resolution analyses to derive an expression for the minimum signal level such that the resulting images are not dominated by photon statistics. This analysis is consistent with observed performance of the NIF MMI.

  1. WATER REQUIREMENT ESTIMATE FOR THE REPRODUCTIVE PERIOD OF MANGO ORCHADS IN THE NORTHEAST OF THE STATE OF PARÁ, BRAZIL

    Directory of Open Access Journals (Sweden)

    PAULO JORGE DE OLIVEIRA PONTE DE SOUZA

    Full Text Available ABSTRACT The aim of this study was to estimate the water consumption in mango orchard during its phenological stages in the northeastern of the State of Pará, Brazil. For this purpose, it was installed and instrumented a micrometeorological tower in a mango orchard, cv. Tommy Atkins, of 22 years old, with data collected during the crops of 2010/2011 and of 2011/2012. The actual crop evapotranspiration was estimated from the energy balance using the Bowen ratio technique. The crops were subjected to different weather conditions, consequently, some differences in the Bowen ration values were observed. The evapotranspiration suffered influences of meteorological conditions during the period. The actual crop evapotranspiration during its reproductive period ranged between 402.9 and 420 mm with a mean daily water consumption of 3.8 mm at flowering, of 4.25 mm at fruit fall, of 3.56 mm at fruit formation, of 3.0 mm at fruit maturation and of 3.73 mm for the whole period.

  2. Effects of contact network structure on epidemic transmission trees: implications for data required to estimate network structure.

    Science.gov (United States)

    Carnegie, Nicole Bohme

    2018-01-30

    Understanding the dynamics of disease spread is key to developing effective interventions to control or prevent an epidemic. The structure of the network of contacts over which the disease spreads has been shown to have a strong influence on the outcome of the epidemic, but an open question remains as to whether it is possible to estimate contact network features from data collected in an epidemic. The approach taken in this paper is to examine the distributions of epidemic outcomes arising from epidemics on networks with particular structural features to assess whether that structure could be measured from epidemic data and what other constraints might be needed to make the problem identifiable. To this end, we vary the network size, mean degree, and transmissibility of the pathogen, as well as the network feature of interest: clustering, degree assortativity, or attribute-based preferential mixing. We record several standard measures of the size and spread of the epidemic, as well as measures that describe the shape of the transmission tree in order to ascertain whether there are detectable signals in the final data from the outbreak. The results suggest that there is potential to estimate contact network features from transmission trees or pure epidemic data, particularly for diseases with high transmissibility or for which the relevant contact network is of low mean degree. Copyright © 2017 John Wiley & Sons, Ltd. Copyright © 2017 John Wiley & Sons, Ltd.

  3. Estimates of electricity requirements for the recovery of mineral commodities, with examples applied to sub-Saharan Africa

    Science.gov (United States)

    Bleiwas, Donald I.

    2011-01-01

    To produce materials from mine to market it is necessary to overcome obstacles that include the force of gravity, the strength of molecular bonds, and technological inefficiencies. These challenges are met by the application of energy to accomplish the work that includes the direct use of electricity, fossil fuel, and manual labor. The tables and analyses presented in this study contain estimates of electricity consumption for the mining and processing of ores, concentrates, intermediate products, and industrial and refined metallic commodities on a kilowatt-hour per unit basis, primarily the metric ton or troy ounce. Data contained in tables pertaining to specific currently operating facilities are static, as the amount of electricity consumed to process or produce a unit of material changes over time for a great number of reasons. Estimates were developed from diverse sources that included feasibility studies, company-produced annual and sustainability reports, conference proceedings, discussions with government and industry experts, journal articles, reference texts, and studies by nongovernmental organizations.

  4. 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.

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

    OpenAIRE

    Kerikmäe, Tanel; Hoffmann, Thomas; Chochia, Archil

    2018-01-01

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

  6. Legal provisions governing the acknowledgment of test results

    International Nuclear Information System (INIS)

    Strecker, A.

    1982-01-01

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

  7. Power requirements for cosmic ray propagation models involving diffusive reacceleration; estimates and implications for the damping of interstellar turbulence

    Science.gov (United States)

    Drury, Luke O.'C.; Strong, Andrew W.

    2017-01-01

    We make quantitative estimates of the power supplied to the Galactic cosmic ray population by second-order Fermi acceleration in the interstellar medium, or as it is usually termed in cosmic ray propagation studies, diffusive reacceleration. Using recent results on the local interstellar spectrum, following Voyager 1's crossing of the heliopause, we show that for parameter values, in particular the Alfvén speed, typically used in propagation codes such as GALPROP to fit the B/C ratio, the power contributed by diffusive reacceleration is significant and can be of order 50% of the total Galactic cosmic ray power. The implications for the damping of interstellar turbulence are briefly considered.

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

    Directory of Open Access Journals (Sweden)

    Thiel F.

    2014-01-01

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

  9. 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)

  10. 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

  11. Bilgi Erişim Platformu Olarak Bulut Bilişim: Riskler ve Hukuksal Koşullar Üzerine Bir İnceleme= Cloud Computing as an Information Access Platform: A Study on Threats and Legal Requirements

    Directory of Open Access Journals (Sweden)

    Özgür Külcü

    2013-06-01

    of the data?”, “Who is responsible for protection of the data?”, “Is it possible to compensate for the data loss?”, in the current cloud computing systems and literature review. In addition to the pros and cons of cloud computing; the current law of United States and all directives and agreements in European Union are examined in order to draw attention to all legal risks and problems in the study. This study shows that there are no legal regulations relating to security and privacy issues of cloud computing in Turkey in scope of the current cloud computing service agreements and the legalities. At the end of the study, a new cloud computing security model is proposed, by which it is aimed to increase users’ trust towards the system and to ensure the security of user data.

  12. The Air Force Mobile Forward Surgical Team (MFST): Using the Estimating Supplies Program to Validate Clinical Requirement

    Science.gov (United States)

    2004-12-01

    4LB NO.19 1 BG 1 BG 1.00 BG 0.08 0.008 0.4 0.080 0.008 0.400 Increase 6515012714894 SENSOR SPO2 MONITORING FINGER WRAP PROPAQ 24S 5 EA 6 EA 0.25 PG...prescribed for life-threatening infections , and was called for in 3 of the patients, resulting in an 18-g requirement should the patients stay at the MFST...MONITOR PATIENT 206EL Task 032 Set Up Pulse Oximeter 6515012714894 SENSOR OXYGEN MONITORING NON-INVAS ARTERIAL F/ADULT FINGERS 24S

  13. CULTURAL AND LEGAL FACTORS OF OPTIMIZATION OF THE IDEOLOGY OF STATE-BUILDING IN UKRAINE

    Directory of Open Access Journals (Sweden)

    O. V. Krasnokutskyi

    2014-12-01

    Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.

  14. Legal aspects of a nuclear power plant

    International Nuclear Information System (INIS)

    Lukes, R.

    1987-01-01

    According to law the licensing boards can deny the licensing of new plants but in the case of non-compliance with the legal requirements. General safety scruples as a result of the Chernobyl reactor accident do not justify denials. The decommissioning of nuclear power plants cannot be decreed but in accordance with Para. 17, 18 of the Atomic Energy Law. Although the legislator is authorized to change laws, any law providing for the decommissioning of existing plants or providing for the legal basis of the decommissioning of plants would be equivalent to an expropriation and therefore involve damages according to article 14, section 3(2) of the Fundamental Law. (orig./HP) [de

  15. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

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

  16. 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. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

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

  18. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

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

  19. 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.

  20. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  1. CCS: Legal and Regulatory Review

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-07-01

    The International Energy Agency (IEA) considers carbon capture and storage (CCS) a crucial part of worldwide efforts to limit global warming by reducing greenhouse-gas emissions. The IEA has estimated that the broad deployment of low-carbon energy technologies could reduce projected 2050 emissions to half 2005 levels -- and that CCS could contribute about one-fifth of those reductions. Reaching that goal, however, would require around 100 CCS projects to be implemented by 2020 and over 3 000 by 2050.

  2. How reliable are forensic evaluations of legal sanity?

    Science.gov (United States)

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

    2013-04-01

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

  3. LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

    Directory of Open Access Journals (Sweden)

    Edina Šehrić

    2016-09-01

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

  4. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

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

  5. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

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

  6. 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...

  7. 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.

  8. Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

    Science.gov (United States)

    Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

    2017-01-28

    As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

  9. 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.

  10. [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.

  11. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

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

  12. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

  13. Methodologies on estimating the energy requirements for maintenance and determining the net energy contents of feed ingredients in swine: a review of recent work.

    Science.gov (United States)

    Li, Zhongchao; Liu, Hu; Li, Yakui; Lv, Zhiqian; Liu, Ling; Lai, Changhua; Wang, Junjun; Wang, Fenglai; Li, Defa; Zhang, Shuai

    2018-01-01

    In the past two decades, a considerable amount of research has focused on the determination of the digestible (DE) and metabolizable energy (ME) contents of feed ingredients fed to swine. Compared with the DE and ME systems, the net energy (NE) system is assumed to be the most accurate estimate of the energy actually available to the animal. However, published data pertaining to the measured NE content of ingredients fed to growing pigs are limited. Therefore, the Feed Data Group at the Ministry of Agricultural Feed Industry Centre (MAFIC) located at China Agricultural University has evaluated the NE content of many ingredients using indirect calorimetry. The present review summarizes the NE research works conducted at MAFIC and compares these results with those from other research groups on methodological aspect. These research projects mainly focus on estimating the energy requirements for maintenance and its impact on the determination, prediction, and validation of the NE content of several ingredients fed to swine. The estimation of maintenance energy is affected by methodology, growth stage, and previous feeding level. The fasting heat production method and the curvilinear regression method were used in MAFIC to estimate the NE requirement for maintenance. The NE contents of different feedstuffs were determined using indirect calorimetry through standard experimental procedure in MAFIC. Previously generated NE equations can also be used to predict NE in situations where calorimeters are not available. Although popular, the caloric efficiency is not a generally accepted method to validate the energy content of individual feedstuffs. In the future, more accurate and dynamic NE prediction equations aiming at specific ingredients should be established, and more practical validation approaches need to be developed.

  14. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  15. Informed consent and the law--an English legal perspective.

    Science.gov (United States)

    Hassan, Majid

    2008-01-01

    'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.

  16. Finding legal information a guide to print and electronic sources

    CERN Document Server

    Pester, David

    2003-01-01

    Given the vast amount of legal information available, it is sometimes very difficult - and certainly very time consuming - to know where to start looking for the specific information you require. This book, covering the most up-to-date information sources (printed and electronic), helps guide the reader towards the information they need. It is an accessible and easy-to-use directory of legal information sources for librarians, lawyers, students and anyone needing legal information. The book covers mainly British and European Union law and includes general material and the main subject areas, including online and internet sources. It also lists reference material, such as legal dictionaries and directories. The book is essentially a directory of information sources, with publishing details (including ISBN), and short comments where useful. Electronic sources are mentioned where relevant, with details of scope and any limitations of coverage. Comprehensive and up-to-date (covering electronic sources and importa...

  17. Ethical and legal dilemmas in infertility treatment

    Directory of Open Access Journals (Sweden)

    Dragojević-Dikić Svetlana

    2004-01-01

    Full Text Available One of the main characteristics of the new millennium is the affirmation of human rights in all aspects of human existence, with the intention of turning declarative statements into reality. Development of up-to-date assisted reproductive technologies (ART and their application in infertility treatment have raised numerous ethical, legal, religious, social and other questions. In vitro fertilization, donation of gametes, embryos and pre-embryos, cryopreservation of gametes, embryos, ovarian and testicular tissues, embryo transfer, genetic reproductive techniques, cloning and other sophisticated methods used in infertility treatment require cooperation between the medical and legal professions. Ethical aspects of human reproduction and assisted fertilization are based on full respect of the life of an individual even before conception, from pre-embryo stage, via embryo stage and fetus stage to a newborn infant. Regarding investigative and clinical projects, this standpoint implies the legalization of all ART procedures, unencumbered exchange of information and consensus about their application, and adherence to the basic ethical principles of autonomy benefit, justice and common welfare. Ethical postulates provide unequivocal directions in the creation of new life and resolve all possible ethical dilemmas, protecting the rights of doctors and participant in relevant procedures alike and reasserting the crucial principle - respect of human dignity.

  18. LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

    Directory of Open Access Journals (Sweden)

    S. Chandra

    2015-01-01

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

  19. [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.

  20. Achieving Accuracy Requirements for Forest Biomass Mapping: A Data Fusion Method for Estimating Forest Biomass and LiDAR Sampling Error with Spaceborne Data

    Science.gov (United States)

    Montesano, P. M.; Cook, B. D.; Sun, G.; Simard, M.; Zhang, Z.; Nelson, R. F.; Ranson, K. J.; Lutchke, S.; Blair, J. B.

    2012-01-01

    The synergistic use of active and passive remote sensing (i.e., data fusion) demonstrates the ability of spaceborne light detection and ranging (LiDAR), synthetic aperture radar (SAR) and multispectral imagery for achieving the accuracy requirements of a global forest biomass mapping mission. This data fusion approach also provides a means to extend 3D information from discrete spaceborne LiDAR measurements of forest structure across scales much larger than that of the LiDAR footprint. For estimating biomass, these measurements mix a number of errors including those associated with LiDAR footprint sampling over regional - global extents. A general framework for mapping above ground live forest biomass (AGB) with a data fusion approach is presented and verified using data from NASA field campaigns near Howland, ME, USA, to assess AGB and LiDAR sampling errors across a regionally representative landscape. We combined SAR and Landsat-derived optical (passive optical) image data to identify forest patches, and used image and simulated spaceborne LiDAR data to compute AGB and estimate LiDAR sampling error for forest patches and 100m, 250m, 500m, and 1km grid cells. Forest patches were delineated with Landsat-derived data and airborne SAR imagery, and simulated spaceborne LiDAR (SSL) data were derived from orbit and cloud cover simulations and airborne data from NASA's Laser Vegetation Imaging Sensor (L VIS). At both the patch and grid scales, we evaluated differences in AGB estimation and sampling error from the combined use of LiDAR with both SAR and passive optical and with either SAR or passive optical alone. This data fusion approach demonstrates that incorporating forest patches into the AGB mapping framework can provide sub-grid forest information for coarser grid-level AGB reporting, and that combining simulated spaceborne LiDAR with SAR and passive optical data are most useful for estimating AGB when measurements from LiDAR are limited because they minimized

  1. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

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

  2. 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.

  3. 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.

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

    OpenAIRE

    Maryono Maryono; Yuhelson Yuhelson

    2016-01-01

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

  5. Corruption and legal (in)effectiveness: an empirical investigation

    NARCIS (Netherlands)

    Herzfeld, T.; Weiss, Ch.

    2003-01-01

    Numerous studies have investigated the causes and measured the consequences of differences in corruption among countries. An effective legal system has been viewed as a key component in reducing corruption. However, estimating cross-sectional as well as panel data models, we find a significant

  6. The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

    Science.gov (United States)

    Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

    2016-12-01

    The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

  7. 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

  8. 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

  9. Parameter Estimation

    DEFF Research Database (Denmark)

    Sales-Cruz, Mauricio; Heitzig, Martina; Cameron, Ian

    2011-01-01

    of optimisation techniques coupled with dynamic solution of the underlying model. Linear and nonlinear approaches to parameter estimation are investigated. There is also the application of maximum likelihood principles in the estimation of parameters, as well as the use of orthogonal collocation to generate a set......In this chapter the importance of parameter estimation in model development is illustrated through various applications related to reaction systems. In particular, rate constants in a reaction system are obtained through parameter estimation methods. These approaches often require the application...... of algebraic equations as the basis for parameter estimation.These approaches are illustrated using estimations of kinetic constants from reaction system models....

  10. Carbon Capture and Storage Legal and Regulatory Review. Edition 3

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2012-07-01

    The International Energy Agency (IEA) considers carbon capture and storage (CCS) a crucial part of worldwide efforts to limit global warming by reducing greenhouse-gas emissions. The IEA estimates that emissions can be reduced to a level consistent with a 2°C global temperature increase through the broad deployment of low-carbon energy technologies – and that CCS would contribute about one-fifth of emission reductions in this scenario. Achieving this level of deployment will require that regulatory frameworks – or rather a lack thereof – do not unnecessarily impede environmentally safe demonstration and deployment of CCS, so in October 2010 the IEA launched the IEA Carbon Capture and Storage Legal and Regulatory Review. The CCS Review is a regular review of CCS regulatory progress worldwide. Produced annually, it collates contributions by national and regional governments, as well as leading organisations engaged in CCS regulatory activities, to provide a knowledge-sharing forum to support CCS framework development. Each two page contribution provides a short summary of recent and anticipated CCS regulatory developments and highlights a particular, pre-nominated regulatory theme. To introduce each edition, the IEA provides a brief analysis of key advances and trends, based on the contributions submitted. The theme for this third edition is stakeholder engagement in the development of CO2 storage projects. Other issues addressed include: regulating CO2-EOR, CCS and CO2-EOR for storage; CCS incentive policy; key, substantive issues being addressed by jurisdictions taking steps to finalise CCS regulatory framework development; and CCS legal and regulatory developments in the context of the Clean Energy Ministerial Carbon Capture, Use and Storage Action Group.

  11. Some points in legal regulation of radioactive waste management

    International Nuclear Information System (INIS)

    Tikhankin, Anatoly; Levin, Alexander

    1999-01-01

    In Russia, the system of the legal acts regulating radioactive waste management is now in progress. Development of the federal norms and regulations on the use of atomic energy is a responsibility of Gosatomnazdor. This presentation describes in detail the work done by Gosatomnadzor in 1997/1998 on the development of the legal documents regulating the management of radioactive waste and spent nuclear material. A document of special importance is ''Burial of Radioactive Wastes. Principles, Criteria and Basic Safety Requirements''. This is discussed in some detail. For all stages of radioactive waste management, safety criteria for population and personnel are set up in strict analogy with current legislation for any other type of radiological hazard. A combined, or hybrid, safety criterion is suggested for estimation of long-term safety of radioactive waste repository systems, for the period upon termination of the established administrative monitoring after closing the repository. A dose criterion is accepted for normal radiation exposure and a risk criterion for potential radiation exposure. The safety of radioactive waste repository should be ensured by means of graded safeguard throughout the entire period of burial. Graded safeguard is based on independent barriers on the way of ionising radiation and emission of radioactive substances into the environment and protection and maintenance of these barriers. Examples show how the provisions of the document are applied in practice in the permafrost area of Russia. Permafrost soil has low water permeability, which is significant because underground water is the main transport medium in case of a leakage from a repository

  12. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

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

  13. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  14. Legal Environment Against Online Identity Theft: Comparative Analysis of USA’s and Lithuania’s Legislation

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    emphasized that although in USA online identity theft is criminalized, there also is special legislation concerned with online identity theft and this should be considered as an effective measure against online identity theft. Since in Lithuania the estimation of online identity theft from the point of criminal law is quite complicated, it is suggested that online identity theft should be criminalized as well as it is criminalized in USA. In addition, the authors notice that electronic information security should be regulated in both—private and public sectors not only in the public sector as it is at the present time. The research has also shown that in Lithuania legal regulation of personal data is sufficient, except the sanctions for breaches of the requirements of personal data protection. However, the lack of legal regulation concerned with online identity theft is noticed in Lithuania and such a legal environment leads to advantageous conditions to commit online identity theft.

  15. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

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

  16. 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

  17. 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

  18. Legal Order Founded on Human Wisdom

    Directory of Open Access Journals (Sweden)

    Elena IFTIME

    2015-07-01

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

  19. 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.)

  20. 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 ...

  1. Legal recognition of same-sex couples and family formation

    DEFF Research Database (Denmark)

    Trandafir, Mircea

    2015-01-01

    It has long been debated how legalizing same-sex marriage would impact (different-sex) family formation. In this paper, I use data on OECD member countries for the period 1980–2009 to examine the effects of the legal recognition of same-sex couples (through marriage or an alternative institution......) on different-sex marriage, divorce, and extramarital births. Estimates from difference-in-difference models indicate that the introduction of same-sex marriage or of alternative institutions has no negative effects on family formation. These findings are robust to a multitude of specification checks, including...

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

    OpenAIRE

    Mardha, Amil

    2009-01-01

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

  3. Estimativa das necessidades energéticas em pacientes com doença renal crônica Estimating the energy requirement of chronic kidney disease patients

    Directory of Open Access Journals (Sweden)

    Juliana Cordeiro Dias Rodrigues

    2013-02-01

    Full Text Available Estabelecer as necessidades energéticas de pacientes com doença renal crônica é importante para que se possam tratar os distúrbios nutricionais encontrados nessa população. Segundo os guias de condutas voltados ao cuidado nutricional de pacientes com essa doença, a recomendação energética pode variar entre 30 e 40kcal/kg/dia. Contudo, trabalhos que avaliaram os componentes do gasto energético nos pacientes com doença renal crônica sugerem que as necessidades energéticas dessa população podem diferir do valor recomendado acima, a depender da condição clínica (presença de comorbidades, da modalidade de tratamento empregado e do nível de atividade física. Dessa forma, o presente trabalho tem como objetivo fazer uma revisão dos estudos sobre o gasto energético de pacientes com doença renal crônica, com o intuito de abordar as seguintes questões: (1 as atuais recomendações de energia para pacientes com doença renal crônica estão adequadas? (2 qual equação de predição poderia ser empregada para estimar as necessidades energéticas desse grupo de pacientes? Assim, esta revisão busca auxiliar o nutricionista ao estimar as necessidades energéticas de pacientes com doença renal crônica.Estimating the energy requirement of patients with chronic kidney disease is highly important for treating the nutritional disorders often seen in this population. According to the specific guidelines for patients with chronic kidney disease, the currently recommended daily energy intake varies from 30 to 40kcal/kg/day. However, studies that investigated energy expenditure components of patients with chronic kidney disease suggested that the energy requirement may differ from the one proposed earlier, depending on overall clinical condition (i.e. presence of comorbidities, treatment modality and level of physical activity. With this perspective in mind, the present study aims to review the studies assessing energy expenditure

  4. Legal regime of water management facilities

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2013-01-01

    Full Text Available The paper analyzes the legal regime of water management facilities in the light of Serbian, foreign and European law. Different divisions of water management facilities are carried out (to public and private ones, natural and artificial ones, etc., with determination of their legal relevance. Account is taken of the issue of protection from harmful effects of waters to such facilities, as well. The paper points also to rules on the water management facilities, from acts of planning, to individual administrative acts and measures for maintenance of required qualitative and quantitative condition of waters, depending on their purpose (general use or special, commercial use o waters. Albeit special rules on water management facilities exist, due to the natural interlocking between all the components of the environment (water, air and soil, a comprehensive approach is required. A reference is made to other basic principles of protection of water management facilities as well, such as the principle of prevention, principle of sustainable development and the principle "polluter pays". The last one represents the achievement of contemporary law, which deviates from the idea accepted in the second half of 20th century that supported the socialization of risk from harmful effects of waters.

  5. LEGAL CERTAINTY OF INDUSTRIAL DESIGN REVENUE IN INDONESIA BASED ON INTELLECTUAL PROPERTY APPROACH AND LEGAL COMPARISON

    Directory of Open Access Journals (Sweden)

    Ranti Fauza Mayana

    2018-03-01

    Full Text Available [Legal Certainty Of Industrial Design Revenue  In Indonesia Based On Intellectual Property Approach And Legal Comparison]  Protection of Industrial Designs, as well as intellectual property, is based on the ability of human creativity through creativity, taste and intention. According to Article 25 paragraph (1 TRIPs Protected Industrial Design Agreement is a new or original Industrial Design, this provision holds the principle that the novelty of a design is obtained when the design is differ from the previous, the novelty includes novelty and originality, the principal basis for the grant of Industrial Design, whereas this principle is not fully adopted in the provisions of Industrial Design. The Industrial Design Decree in Indonesia only requires novelty without clarifying how to interpret the novelty requirement so that a large number of Industrial Design Rights are obtained based on the Minor Change approach where slight differences in form and configuration have essentially demonstrated novelty. The minor change approach is considered to exclude the aspect of originality and is less able to provide legal certainty to the holder of the registered Industrial Design Rights. This paper aims to explore minor change approach as the basis for the evaluation of the novelty of Industrial Design in the perspective of comparative law in several countries of the world, namely the United States, Japan, the European Union and Australia as a study and reference material in an effort to establish protection of Industrial Design Rights in Indonesia that can provide legal certainty. Keywords: Industrial Design Revenue, Comparative 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. 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"

  8. 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...

  9. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  10. 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)

  11. 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)

  12. 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,

  13. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  14. 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)

  15. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  16. 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

  17. Validation of a novel protocol for calculating estimated energy requirements and average daily physical activity ratio for the US population: 2005-2006.

    Science.gov (United States)

    Archer, Edward; Hand, Gregory A; Hébert, James R; Lau, Erica Y; Wang, Xuewen; Shook, Robin P; Fayad, Raja; Lavie, Carl J; Blair, Steven N

    2013-12-01

    To validate the PAR protocol, a novel method for calculating population-level estimated energy requirements (EERs) and average physical activity ratio (APAR), in a nationally representative sample of US adults. Estimates of EER and APAR values were calculated via a factorial equation from a nationally representative sample of 2597 adults aged 20 and 74 years (US National Health and Nutrition Examination Survey; data collected between January 1, 2005, and December 31, 2006). Validation of the PAR protocol-derived EER (EER(PAR)) values was performed via comparison with values from the Institute of Medicine EER equations (EER(IOM)). The correlation between EER(PAR) and EER(IOM) was high (0.98; Pmen to 148 kcal/d (5.7% higher) in obese women. The 2005-2006 EERs for the US population were 2940 kcal/d for men and 2275 kcal/d for women and ranged from 3230 kcal/d in obese (BMI ≥30) men to 2026 kcal/d in normal weight (BMI women. There were significant inverse relationships between APAR and both obesity and age. For men and women, the APAR values were 1.53 and 1.52, respectively. Obese men and women had lower APAR values than normal weight individuals (P¼.023 and P¼.015, respectively) [corrected], and younger individuals had higher APAR values than older individuals (Pphysical activity and health. Copyright © 2013 Mayo Foundation for Medical Education and Research. Published by Elsevier Inc. All rights reserved.

  18. 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.

  19. Legal features of the drug advertising.

    Science.gov (United States)

    Pashkov, Vitalii M; Olefir, Andrii A; Bytyak, Oleksiy Y

    In the article discribed current trends of advertising in the pharmaceutical market and foreign experience of legal regulation of these relations. As for the advertising of medicines identified it's symptoms, types, basic rules and prohibitions. Modern pharmaceutical companies can not successfully carry out economic activities without advertising. Besides we can mention some fundamental changes in society (information overload, universal access to internet, social media, freedom of movement of goods, labor and finance), also self-medication becomes more popular. At the same time, the number of deaths after improper and uncontrolled use of drugs ranks fifth in the world among the causes of death. Investigate current trends of advertising on the pharmaceutical market, find advertising signs, basic restrictions and prohibitions on advertising of medicines, as well as foreign experience of legal regulation of these relations. Despite the fact that pharmaceutical advertising were studied by such scholars as M. Abraham, L. Bradley, C. Dunn, J. Donoh'yu, D. Castro, M. Lipski, K. Taylor and others, number of issues related features of drug advertising, remained without proper theoretical studies. Based on the analysis can come to the conclusion that advertising of medicinal products are the subject of special attention from the state. Drugs, unlike other products, are a group of specialized consumer products. Risks increase when patients under the influence of «aggressive» advertising resort to self-medication. If a complete ban on advertising of medicines is inappropriate, you should set stricter requirements for the content of advertising and product placement rules. That is, in the national legislation to implement regulatory requirements of Directive 2001/83 / EC. Legal regulation of drug advertising can be improved by such legal means: - should provide for a mechanism of public control over the observance of ethical standards in the advertising of medicinal products

  20. Legal protection against nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1959-04-15

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

  1. Legal protection against nuclear damage

    International Nuclear Information System (INIS)

    1959-01-01

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

  2. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  3. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

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

    Science.gov (United States)

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

    2013-01-01

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

  5. Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2017-12-01

    Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

  6. Social Media and Professional School Counselors: Ethical and Legal Considerations

    Science.gov (United States)

    Mullen, Patrick R.; Griffith, Catherine; Greene, Jennifer H.; Lambie, Glenn W.

    2014-01-01

    The use of social media continues to expand in prevalence and is a medium of communication for individuals of all ages. Schools are using social media to engage their stakeholders at increasing rates. Therefore, school counselors require the knowledge and appreciation of ethical and legal issues regarding the use of such technology. The purpose of…

  7. 24 CFR 107.25 - Provisions in legal instruments.

    Science.gov (United States)

    2010-04-01

    ... Provisions in legal instruments. (a) The following documents shall contain provisions or statements requiring...) Approvals of financial institutions and other lenders as approved FHA mortgagees, (5) Requests for subdivision reports under home mortgage procedures and for preapplication analysis of multifamily and land...

  8. Charter Schools and Students with Disabilities: Legal and Practice Considerations

    Science.gov (United States)

    Dunn, Michelle E.; Katsiyannis, Antonis; Ryan, Joseph B.

    2018-01-01

    As of the 2013-2014 school year, about 2.5 million school-age students attended charter schools nationwide. Because charter schools are publicly funded entities, they are required to adhere to all federal nondiscriminatory laws as well as the Individuals With Disabilities Education Act. This legal brief provides an overview of charter schools,…

  9. Legal Culture Viewed as a Factor of Civil Society Development in Russia

    Directory of Open Access Journals (Sweden)

    Ya V Zubova

    2010-12-01

    Full Text Available The article focuses on the civil society and its development in Russia in connection with the notion of legal culture. The legal culture is integral to people's social activities and it is inextricably intertwined into the system of social relations as a result of the regulatory control of the activity, the ranking and regulation of the public intercourse based on the law. The legal culture is uniquely positioned for exercising strong influence upon an individual since it involves competence, adherence and respect for the legal standards expressing the accumulated moral and political requirements of the society.

  10. A Case against the Legal Rules on Conflicted Interested Transactions in Colombian Corporate Law

    Directory of Open Access Journals (Sweden)

    Juan Antonio Gaviria

    2017-07-01

    Full Text Available This paper contends and explains why the Colombian corporate legal rules on conflict of interest are inefficient, proposing some legal changes. In particular, this paper poses four criticisms. First, Colombian law requires that the highest corporate body shall always authorize any transaction between the legal entity and any of its managers or controlling shareholders. Second, such authorization lacks any legal effect whenever the transaction is detrimental to the company. Third, all transactions entered into without such approval are voidable. Fourth, there are no exceptions regarding transactions among companies belonging to the same entrepreneurial group.

  11. The Labor Supply and Tax Revenue Consequences of Federal Same-Sex Marriage Legalization

    OpenAIRE

    Stevenson, Adam

    2012-01-01

    The issue of same-sex marriage legalization is increasingly part of the national political dialogue. This legalization would have a number of economic impacts, one of the most direct being a change in income tax payments, through the so-called marriage penalty. I estimate the effects of same-sex marriage legalization on federal income tax revenue. These estimates rely critically on the responsiveness of labor supply and marital choice to changes in the tax code. I present new evidence on both...

  12. Development and Use of a Corpus Tailored for Legal English Learning

    Science.gov (United States)

    Skier, Jason; Vibulphol, Jutarat

    2016-01-01

    While corpus linguistics has been applied towards many specific academic purposes, reports are few regarding its use to facilitate learning of legal English by non-native English speakers. Specialized corpora are required because legal English often differs significantly from ordinary usage, with words such as bar, motion, and hearing having…

  13. 40 CFR 85.1907 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Responsibility under other legal... Requirements § 85.1907 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall not affect a manufacturer's responsibility to file reports or...

  14. 40 CFR 92.407 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal... Emission-Related Defect Reporting Requirements, Voluntary Emission Recall Program § 92.407 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart...

  15. 40 CFR 94.407 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal...-related Defect Reporting Requirements, Voluntary Emission Recall Program § 94.407 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart shall...

  16. 40 CFR 91.906 - Responsibility under other legal provisions preserved.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 20 2010-07-01 2010-07-01 false Responsibility under other legal... Defect Reporting Requirements, Voluntary Emission Recall Program § 91.906 Responsibility under other legal provisions preserved. The filing of any report under the provisions of this subpart will not...

  17. Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

    NARCIS (Netherlands)

    Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

    2017-01-01

    Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

  18. 7 CFR 91.39 - Premium hourly fee rates for overtime and legal holiday service.

    Science.gov (United States)

    2010-01-01

    ... legal holidays or what constitutes overtime service at a particular Science and Technology laboratory is... Premium hourly fee rates for overtime and legal holiday service. (a) When analytical testing in a Science... overtime work. When analytical testing in a Science and Technology facility requires the services of...

  19. Legal Medicine in Medical Schools: A Survey of the State of the Art.

    Science.gov (United States)

    Grumet, Barbara Ruhe

    1979-01-01

    Results of a survey of American medical schools indicate that there is considerable interest in legal medicine and that while 40 percent of the schools require students to complete some course work in legal medicine, the curricula vary considerably among the schools. Topics most frequently covered are informed consent and malpractice. (Author/JMD)

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

    African Journals Online (AJOL)

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

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

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

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

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

    Science.gov (United States)

    Mina, András

    2016-04-24

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

  3. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

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

  4. 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.

  5. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  6. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  7. 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...

  8. ROMANIAN AERONAUTICAL METEOROLOGY APPLICABLE LEGAL FRAMEWORK –BRIEFING

    Directory of Open Access Journals (Sweden)

    CATALIN POPA

    2012-05-01

    Full Text Available The purpose of this briefing is toprovide an overview of the aeronautical meteorology legal framework in Romania. In this context, the role and importance of aeronautical meteorology in international air traffic management will be underlined, with focus on the civil aviation activity in Romania. The international legal framework and modalities of implementing these rules at national level will constitute a significant part of the present study., Specific accent will be put on the national regulatory framework and structure, means of updating it, and how it responds to changing regulatory requirements.

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

    International Nuclear Information System (INIS)

    Pelzer, N.

    2009-01-01

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

  10. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

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

  11. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

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

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

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  13. 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…

  14. 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

  15. 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...

  16. 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,

  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. 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...

  19. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  20. 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

  1. Informed consent: a socio-legal study.

    Science.gov (United States)

    Rathor, M Y; Rani, Mohammad Fauzi Abdul; Shah, Azarisman Mohammad; Akter, Sheikh Fariuddin

    2011-12-01

    Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological settings, in which it is practiced, have resulted in an increase in judicial activity and medical negligence lawsuits for physicians. While IC is a well-established practice, it often fails to meet its stated purpose. In the common law, the standard of medical care to disclose risks has been laid down by the Bolam test- a familiar concept to most physicians, but it has been challenged recently in many jurisdictions. This paper aims to discuss some important judgments in cases of alleged medical negligence so as to familiarize doctors regarding their socio-legal obligations. We also propose to discuss some factors that influence the quality of IC in clinical practice. Literature review. The law of medical consent has been undergoing changes in recent years. Case law appears to be evolving towards a more patient centered standard of disclosure. Patient's expectations are higher and they are aware of the power of exercising their rights. Failure to obtain IC is one of the common allegations in medical malpractice suits. The medical professionals need to change their mindset and avoid claims of negligence by providing information that is "reasonable" in the eyes of the court.

  2. Legal framework of the environmental regulatory regime

    International Nuclear Information System (INIS)

    Black, D.

    1992-01-01

    The growing concern regarding environmental issues has presented a number of new challenges to those exploring and developing the hydrocarbon reserves located on the Newfoundland continental shelf. Not the least of these challenges is the development of new technologies in the harsh environment of the North Atlantic; in addition, these new technologies must be implemented in an existing and ever-changing regulatory regime. The legal framework of the environmental regulatory regime relating to offshore development in Canada is reviewed along with some of the more important legislation involved in regulating environmental issues in the offshore area. The legal basis for exploration, development, and management of resources located on the Newfoundland continental shelf is the Canada-Newfoundland Accord on Joint Management of Offshore Oil and Gas Resources off Newfoundland and Labrador. Administration of the Accord is the responsibility of the Canada-Newfoundland Offshore Petroleum Board. To be able to apply Canadian laws to the continental shelf, legislation was passed including the Canadian Laws Offshore Application Act as well as the Act implementing the Accord. The latter gives the Offshore Petroleum Board authority to regulate all stages involved in bringing an oil pool to production, such as granting of licenses and work authorizations. Granting of such licenses and authorizations is subject to compliance with environmental requirements, and there are provisions against certain environmental offenses such as spills. Other federal legislation applicable to the offshore includes the Canada Shipping Act and the Canadian Environmental Protection Act

  3. 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.

  4. 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.

  5. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

    Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

  6. 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

  7. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

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

    1999-12-01

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

  8. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  9. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

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

  10. Surrogacy: Ethical and Legal Issues

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

    Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  11. Legal Parameters of Space Tourism

    OpenAIRE

    Smith, Lesley Jane; Hörl, Kay-Uwe

    2004-01-01

    The commercial concept of space tourism raises important legal issues not specifically addressed by first generation rules of international spacelaw. The principles established in the nineteen sixties and seventies were inspired by the philosophy that exploration of space was undertaken by and for the benefit of mankind. Technical developments since then haveincreased the potential for new space applications, with a corresponding increase in commercial interest in space. If space tourism is t...

  12. Surrogacy: ethical and legal issues.

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

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

  13. 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.

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

    Science.gov (United States)

    Hyman, A

    1996-01-01

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

  15. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  16. Gender characteristics of legal conscience in internal affairs agencies staff

    Directory of Open Access Journals (Sweden)

    Kuznetsova O.V.

    2016-06-01

    Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

  17. Supplemental report on cost estimates'

    International Nuclear Information System (INIS)

    1992-01-01

    The Office of Management and Budget (OMB) and the U.S. Army Corps of Engineers have completed an analysis of the Department of Energy's (DOE) Fiscal Year (FY) 1993 budget request for its Environmental Restoration and Waste Management (ERWM) program. The results were presented to an interagency review group (IAG) of senior-Administration officials for their consideration in the budget process. This analysis included evaluations of the underlying legal requirements and cost estimates on which the ERWM budget request was based. The major conclusions are contained in a separate report entitled, ''Interagency Review of the Department of Energy Environmental Restoration and Waste Management Program.'' This Corps supplemental report provides greater detail on the cost analysis

  18. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  19. LEGAL

    African Journals Online (AJOL)

    Manufacturers' Association (PMA) and most of its members took government to court. ... Since 2 May 2004, it has been unlawful to supply medicines. 'according ... This article focuses on some of the key issues that are of ... chain for some time.

  20. 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.

  1. Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

    Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

  2. Ethical and legal challenges associated with disaster nursing.

    Science.gov (United States)

    Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

    2015-06-01

    In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

  3. Genomic instability related to zinc deficiency and excess in an in vitro model: is the upper estimate of the physiological requirements recommended for children safe?

    Science.gov (United States)

    Padula, Gisel; Ponzinibbio, María Virginia; Gambaro, Rocío Celeste; Seoane, Analía Isabel

    2017-08-01

    Micronutrients are important for the prevention of degenerative diseases due to their role in maintaining genomic stability. Therefore, there is international concern about the need to redefine the optimal mineral and vitamin requirements to prevent DNA damage. We analyzed the cytostatic, cytotoxic, and genotoxic effect of in vitro zinc supplementation to determine the effects of zinc deficiency and excess and whether the upper estimate of the physiological requirement recommended for children is safe. To achieve zinc deficiency, DMEM/Ham's F12 medium (HF12) was chelated (HF12Q). Lymphocytes were isolated from healthy female donors (age range, 5-10 yr) and cultured for 7 d as follows: negative control (HF12, 60 μg/dl ZnSO 4 ); deficient (HF12Q, 12 μg/dl ZnSO 4 ); lower level (HF12Q + 80 μg/dl ZnSO 4 ); average level (HF12Q + 180 μg/dl ZnSO 4 ); upper limit (HF12Q + 280 μg/dl ZnSO 4 ); and excess (HF12Q + 380 μg/dl ZnSO 4 ). The comet (quantitative analysis) and cytokinesis-block micronucleus cytome assays were used. Differences were evaluated with Kruskal-Wallis and ANOVA (p < 0.05). Olive tail moment, tail length, micronuclei frequency, and apoptotic and necrotic percentages were significantly higher in the deficient, upper limit, and excess cultures compared with the negative control, lower, and average limit ones. In vitro zinc supplementation at the lower and average limit (80 and 180 μg/dl ZnSO 4 ) of the physiological requirement recommended for children proved to be the most beneficial in avoiding genomic instability, whereas the deficient, upper limit, and excess (12, 280, and 380 μg/dl) cultures increased DNA and chromosomal damage and apoptotic and necrotic frequencies.

  4. Indicator Amino Acid-Derived Estimate of Dietary Protein Requirement for Male Bodybuilders on a Nontraining Day Is Several-Fold Greater than the Current Recommended Dietary Allowance.

    Science.gov (United States)

    Bandegan, Arash; Courtney-Martin, Glenda; Rafii, Mahroukh; Pencharz, Paul B; Lemon, Peter Wr

    2017-05-01

    Background: Despite a number of studies indicating increased dietary protein needs in bodybuilders with the use of the nitrogen balance technique, the Institute of Medicine (2005) has concluded, based in part on methodologic concerns, that "no additional dietary protein is suggested for healthy adults undertaking resistance or endurance exercise." Objective: The aim of the study was to assess the dietary protein requirement of healthy young male bodybuilders ( with ≥3 y training experience) on a nontraining day by measuring the oxidation of ingested l-[1- 13 C]phenylalanine to 13 CO 2 in response to graded intakes of protein [indicator amino acid oxidation (IAAO) technique]. Methods: Eight men (means ± SDs: age, 22.5 ± 1.7 y; weight, 83.9 ± 11.6 kg; 13.0% ± 6.3% body fat) were studied at rest on a nontraining day, on several occasions (4-8 times) each with protein intakes ranging from 0.1 to 3.5 g · kg -1 · d -1 , for a total of 42 experiments. The diets provided energy at 1.5 times each individual's measured resting energy expenditure and were isoenergetic across all treatments. Protein was fed as an amino acid mixture based on the protein pattern in egg, except for phenylalanine and tyrosine, which were maintained at constant amounts across all protein intakes. For 2 d before the study, all participants consumed 1.5 g protein · kg -1 · d -1 On the study day, the protein requirement was determined by identifying the breakpoint in the F 13 CO 2 with graded amounts of dietary protein [mixed-effects change-point regression analysis of F 13 CO 2 (labeled tracer oxidation in breath)]. Results: The Estimated Average Requirement (EAR) of protein and the upper 95% CI RDA for these young male bodybuilders were 1.7 and 2.2 g · kg -1 · d -1 , respectively. Conclusion: These IAAO data suggest that the protein EAR and recommended intake for male bodybuilders at rest on a nontraining day exceed the current recommendations of the Institute of Medicine by ∼2.6-fold

  5. 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.

  6. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  7. Legal abortion for mental health indications.

    Science.gov (United States)

    Cook, R J; Ortega-Ortiz, A; Romans, S; Ross, L E

    2006-11-01

    Where legal systems allow therapeutic abortion to preserve women's mental health, practitioners often lack access to mental health professionals for making critical diagnoses or prognoses that pregnancy or childcare endangers patients' mental health. Practitioners themselves must then make clinical assessments of the impact on their patients of continued pregnancy or childcare. The law requires only that practitioners make assessments in good faith, and by credible criteria. Mental disorder includes psychological distress or mental suffering due to unwanted pregnancy and responsibility for childcare, or, for instance, anticipated serious fetal impairment. Account should be taken of factors that make patients vulnerable to distress, such as personal or family mental health history, factors that may precipitate mental distress, such as loss of personal relationships, and factors that may maintain distress, such as poor education and marginal social status. Some characteristics of patients may operate as both precipitating and maintaining factors, such as poverty and lack of social support.

  8. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

  9. International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    Moore, G.M.

    2010-01-01

    The responsibility for nuclear security rests entirely with each State. There is no single international instrument that addresses nuclear security in a comprehensive manner. The legal foundation for nuclear security comprises international instruments and recognized principles that are implemented by national authorities. Security systems at the national level will contribute to a strengthened and more universal system of nuclear security at the international level. The binding security treaties are; Convention on the Physical Protection of Nuclear Material, the 2005 amendment thereto, Safeguards Agreements between the Agency and states required in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons. Model Protocol additional to agreement(s) between State(s) and the Agency for the application of Safeguards Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency, Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management

  10. Practical boundary surveying legal and technical principles

    CERN Document Server

    Gay, Paul

    2015-01-01

    This guide to boundary surveying provides landowners, land surveyors, students and others with the necessary foundation to understand boundary surveying techniques and the common legal issues that govern boundary establishment.  Boundary surveying is sometimes mistakenly considered a strictly technical discipline with simple and straightforward technical solutions.  In reality, boundary establishment is often a difficult and complex matter, requiring years of experience and a thorough understanding of boundary law.  This book helps readers to understand the challenges often encountered by boundary surveyors and some of the available solutions. Using only simple and logically explained mathematics, the principles and practice of boundary surveying are demystified for those without prior experience, and the focused coverage of pivotal issues such as easements and setting lot corners will aid even licensed practitioners in untangling thorny cases. Practical advice on using both basic and advanced instruments ...

  11. On the Legal Protection of Design

    DEFF Research Database (Denmark)

    Teilmann-Lock, Stina

    2011-01-01

    be judged. In 1839 the Designs Registration Act in the UK introduced a fundamental modernization of registration for designs. Paradigmatic of the modern way of registration is the use of 'representative registration'. According to the 1839 Act, applicants for a design registration were required either...... to deposit three samples of the design, or to submit a pictorial or written representation thereof. The latter system of 'representative registration' has since become virtually universal in intellectual property law relating to designs around the world. Today, the discursive representation of design is more...... not apply to any aspect which is dictated by its function. Accordingly, if a design is to qualify for legal protection, its description (or illustration) must make a clear distinction between form and function. According to the intellectual property laws of many nations today, designs may also be protected...

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

    Science.gov (United States)

    Kazda, Antonin

    2017-12-01

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

  13. 38 CFR 36.4363 - Miscellaneous legal requirements.

    Science.gov (United States)

    2010-07-01

    ... only against the individual units, together with their undivided interests in the common elements, and... successful governance of the condominium by unit owners. Among other things, such documents should contain... maintained in accordance with § 36.4829. Because of the nature of condominiums, additional types of insurance...

  14. Cyber Attacks and the Legal Justification for an Armed Response

    Science.gov (United States)

    2017-05-25

    legally justified, so the analysis looks to international law for answers. Article 38 of the International Court of Justice (ICJ), the principal...average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and...completing and reviewing this collection of information. Send comments regarding this burden estimate or any other aspect of this collection of

  15. 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.

  16. [Possible relation between clinical guidelines and legal standard of medicine].

    Science.gov (United States)

    Furukawa, Toshiharu; Kitagawa, Yuko

    2010-10-01

    Legal standard of medicine is not equal across the all kinds of medical institutions. Each medical institution is required its respective standard of medicine in which its doctors are expected to have studied medical informations, which have been spread among medical institutions with similar characteristics. Therefore, in principle, clinical guidelines for the treatment of a disease formed by public committees do not directly become the medical standards of respective disease treatment. However, doctors would be legally required to practice medicine with reference to the clinical guidelines because medical informations, mediated by internet or many kinds of media, have been spread very fast to all medical institutions these days. Moreover, doctors would be required to inform their patients of non-standardized new treatments, even if such treatments are not listed in clinical guidelines in case patients have special concern about new treat-

  17. Legal identity as spiritual constituent of sense of justice

    Directory of Open Access Journals (Sweden)

    Y. S. Kravtsov

    2015-03-01

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

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

    Science.gov (United States)

    Rhodes, A M

    1986-09-01

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

  19. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

    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...... 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...

  20. 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...

  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. 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.

  3. Comparative estimation of inevitable endogenous ileal flow of amino acids in Pekin ducks under varying dietary or physiological conditions and their significance to nutritional requirements for amino acids.

    Science.gov (United States)

    Akinde, D O

    2017-10-01

    In 2 experiments in Pekin ducks the inevitable endogenous ileal flow (IEIF) of AA was estimated at changing intake and source of crude fiber (CF) or soybean oil (SO) level. Also the roles of dry matter intake (DMI) and BW or age as well as the proportion of IEIF in the dietary requirement for AA were studied. In experiment 1 three basal CP (20, 60, or 100 g/kg) diets were formulated containing a low CF (LCF, 30 g/kg) or high (HCF, 80 g/kg) level; achieved with cellulose supplementation. All diets were similar in every other respect including having SO content of 40 g/kg. Four floor pens of eight 85-day-old ducks were randomly allocated to each diet. Similar diets were mixed in experiment 2 but corn cob meal replaced cellulose as the fiber source. A high SO (HSO) series was also formed by increasing the SO level from 40 g/kg in the basal series to 100 g/kg. Thus the LCF series was concurrently classified as low SO (LSO) series to control SO effect. Each of the eventual 9 diets were fed to 5 floor pens of ten 65-day-old ducks. Ileal AA flow was measured after a 5 day feeding period in both experiments. Linear regression was calculated between ileal flow and dietary intake of individual AA. The IEIF interpreted as the y-intercept of each linear function responded neither to elevated ingestion of each CF type nor to SO level. Age and DMI had no effect on IEIF computed in relation to BW, but wide discrepancies resulted when related to DMI. Overall IEIF of AA varied between 14.3 to 129.8 mg/kg BW d-1. These flows were established in model computations to account for 10 to 64% of the recommended intake of limiting AA. In conclusion the ileal inevitable flow is constant within the dietary/age conditions investigated. However it is modulated by feed intake and accounts for a significant portion of total amino acid requirement. © 2017 Poultry Science Association Inc.

  4. Carbon Capture and Storage: legal issues

    Energy Technology Data Exchange (ETDEWEB)

    Mace, M.J.

    2006-10-15

    Carbon dioxide Capture and Storage (CCS) describes the process of capturing CO2 emissions from industrial and energy-related processes, compressing the gas to a liquid form, transporting it to a storage site (by pipeline, ship, truck or rail), and injecting it into a geological cavity – to isolate it from the atmosphere. CCS has been described as one option in the 'portfolio' of mitigation options - useful as a bridging technology to address the most prevalent greenhouse gases by volume in the short term, while economies make the shift from fossil fuels to low-carbon energy sources, including renewables. The IPCC has estimated that CCS has the potential to contribute 15-55% of the cumulative mitigation effort worldwide until 2100. However, for this to occur, the IPCC estimates that several hundreds or thousands of CO2 capture systems would need to be installed over the next century. Such a prospect raises a host of legal and regulatory issues and concerns. CCS activities will have to be undertaken in a manner consistent with the range of existing regulatory frameworks developed at the national level to address environmental and health and safety risks. But consistency with international law will also be essential where transboundary impacts are possible, transboundary transportation is involved, or offshore storage activities are contemplated.

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

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

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

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

    Science.gov (United States)

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

    2015-06-01

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

  7. GA-4 and GA-9 legal weight truck shipping cask development

    International Nuclear Information System (INIS)

    Grenier, R.M.; Meyer, R.J.; Jensen, M.F.

    1989-02-01

    We are developing two new legal weight truck spent fuel shipping casks that will carry four PWR or nine BWR spent fuel assemblies. They are being developed to meet requirements to dispose of nuclear wastes at a permanent disposal site. Our primary goal is to maximize the number of fuel elements of each fuel type that a legal weight truck (LWT) cask can carry, while ensuring that the design meets all NRC licensing requirements. 1 ref., 4 figs

  8. Epidemiologic measures of risk as a basis for legal compensation

    International Nuclear Information System (INIS)

    Zeighami, E.A.; Walsh, P.J.; Morris, M.D.; Jones, T.D.

    1983-01-01

    The scientific basis for compensation of persons developing cancer who have a documented history of exposure to radiation or other carcinogens is an important legal issue. The measure Relative Attributable Risk (RAR) has been proposed as a basis for determining eligibility for compensation. The purpose of this report is to present results of an analysis of the magnitude and sources of uncertainty in the RAR measure. The range of 1/10 6 /rad-year to 6/10 6 /rad-year was chosen as a reasonable range of excess-risk estimates for thyroid cancer based on published estimates. The use of such a range in risk estimates produces very wide variability in RAR estimates. Uncertainty in underlying incidence levels and in dosimetry are other major factors contributing to large variability in estimated RAR levels

  9. 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.

  10. 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.

  11. 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.

  12. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    assigned by the Constitution and the current environmental legislation; 2 the ability to voluntarily adhere to legal prohibitions; 3 in good faith execute obligations in living activities. Paper objective. The main forms of implementing the environmental responsibilities by  citizens are analyzed; the factors influencing them are defined. It was studied general theoretical understanding of the stages, as well as forms of the implementation of rules of law. Traditionally among the last there are: compliance and execution. A special form of implementation is application. Whereas the compliance - is the first and foremost (universal form by which all subjects of public relations execute their obligations (both active and passive. The implementation of environmental responsibilities of citizens in the form of the compliance is a good behavior, which is characterized by passive confinement of persons (or inaction on the infringement of the rules and bars which are set by regulations of the environmental       legislation.  The execution is expressed in commission of  actions provided  for by law by the subject. This is implementation of binding rules, however, the responsibilities are contained not only in the regulatory legal acts, but also in the contracts and individual documents. The application as a special form of the law implementation differs from the compliance and the execution that it is carried out by non-citizens, but only by those public authorities that are entitled to do so by law. The application of the law - it is an action of qualified government authorities or local authorities, which by law is delegated the right to apply ecological and legal regulations in order to implement the relevant environmental requirements, rules and prohibitions and they are provided if necessary (in case of violation mechanism of state coercion. Paper main body. It is noted that the legal arrangement for implementing environmental responsibilities is to be in: a the

  14. Marketing legal services on the Internet

    Directory of Open Access Journals (Sweden)

    Alicja Mikołajczyk

    2014-09-01

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

  15. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

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

  16. The Impact of Legalized Abortion on Crime

    OpenAIRE

    John Donohue; Steven Levitt

    2000-01-01

    We offer evidence that legalized abortion has contributed significantly to recent crime reductions. Crime began to fall roughly 18 years after abortion legalization. The 5 states that allowed abortion in 1970 experienced declines earlier than the rest of the nation, which legalized in 1973 with Roe v. Wade. States with high abortion rates in the 1970s and 1980s experienced greater crime reductions in the 1990s. In high abortion states, only arrests of those born after abortion legaliz...

  17. Telemedicine: licensing and other legal issues.

    Science.gov (United States)

    Siegal, Gil

    2011-12-01

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

  18. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2011-01-01

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

  19. Visions of the Future of (Legal) Education

    OpenAIRE

    Madison, Michael

    2017-01-01

    One law professor takes a stab at imagining an ideal law school of the future and describing how to get there. The Essay spells out a specific possible vision, taking into account changes to the demand for legal services and changes to the economics and composition of the legal profession. That thought experiment leads to a series of observations about values and vision in legal education in general and about what it might take to move any vision forward.

  20. Legal regulation of treatment of wild animals

    OpenAIRE

    Kolečkářová, Eliška

    2014-01-01

    The diploma thesis deals with the legal regulation of the treatment with wild animals. It compares different terms used in legal regulation of protection of animals. It specified differences between concept of an animal in private law and public law. The diploma thesis is focused on possibilities of gaining ownership to the wild animals, proving origin of animals bred in human care. It concerns with legal regulation of treatment with handicap animals. The diploma thesis analyzes preparation a...

  1. Crime and the Legalization of Recreational Marijuana

    OpenAIRE

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

    2017-01-01

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

  2. Legal framework for a nuclear program

    International Nuclear Information System (INIS)

    Santos, A. de los; Corretjer, L.

    1977-01-01

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

  3. Abortion Legalization and Child Living Circumstances: Who is the "Marginal Child?"

    OpenAIRE

    Jonathan Gruber; Phillip Levine; Douglas Staiger

    1997-01-01

    We estimate the impact of changes in abortion access in the early 1970s on the average living standards of cohorts born in those years. In particular, we address the selection inherent in the abortion decision: is the marginal child who is not born when abortion access increases more or less disadvantaged than the average child? Legalization of abortion in five states around 1970, followed by legalization nationwide due to the 1973 Roe v. Wade decision, generates natural variation which can b...

  4. Civil legal responsibility for environmental pollution

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

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

  5. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  6. Medico-legal autopsies in Denmark

    DEFF Research Database (Denmark)

    Larsen, Sara Tangmose; Lynnerup, Niels

    2011-01-01

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

  7. Mental Health Nursing, Mechanical Restraint Measures and Patients’ Legal Rights

    DEFF Research Database (Denmark)

    Birkeland, Søren; Gildberg, Frederik Alkier

    2016-01-01

    Abstract: Coercive mechanical restraint (MR) in psychiatry constitute the perhaps most important exception from the common health law requirement for involving patients in health care decisions and achieving their informed consent prior to treatment. Coercive measures and particularly MR constitute...... a serious collision with patient autonomy principles, pose a particular challenge to psychiatric patients’ legal rights, and put intensified demands on health professional performance. Legal rights principles require rationale for coercive measure use be thoroughly considered and rigorously documented....... This article presents an in-principle Danish Psychiatric Complaint Board decision concerning MR use initiated by untrained staff. The case illustrates that, judicially, weight must be put on the patient perspective on course of happenings and especially when health professional documentation is scant, patients...

  8. Environmental, legal and managerial aspects

    International Nuclear Information System (INIS)

    1978-09-01

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

  9. Medical Marijuana and Marijuana Legalization.

    Science.gov (United States)

    Pacula, Rosalie Liccardo; Smart, Rosanna

    2017-05-08

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

  10. Limits Legal Ethics of Biotechnology in XXI Century

    Directory of Open Access Journals (Sweden)

    Melissa Cabrini Morgato

    2016-06-01

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

  11. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  12. Smart Contract Templates: essential requirements and design options

    OpenAIRE

    Clack, Christopher D.; Bakshi, Vikram A.; Braine, Lee

    2016-01-01

    Smart Contract Templates support legally-enforceable smart contracts, using operational parameters to connect legal agreements to standardised code. In this paper, we explore the design landscape of potential formats for storage and transmission of smart legal agreements. We identify essential requirements and describe a number of key design options, from which we envisage future development of standardised formats for defining and manipulating smart legal agreements. This provides a prelimin...

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

    OpenAIRE

    Todres, Jonathan

    2017-01-01

    There is growing recognition and evidence that health care professionals regularly encounter - though they may not identify - victims of human trafficking in a variety of health care settings. Identifying and responding appropriately to trafficking victims or survivors requires not only training in trauma-informed care but also consideration of the legal and ethical issues that arise when serving this vulnerable population. This essay examines three areas of law that are relevant to this case...

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

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

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

  15. The potential distributions, and estimated spatial requirements and population sizes, of the medium to large-sized mammals in the planning domain of the Greater Addo Elephant National Park project

    Directory of Open Access Journals (Sweden)

    A.F. Boshoff

    2002-12-01

    Full Text Available The Greater Addo Elephant National Park project (GAENP involves the establishment of a mega biodiversity reserve in the Eastern Cape, South Africa. Conservation planning in the GAENP planning domain requires systematic information on the potential distributions and estimated spatial requirements, and population sizes of the medium to largesized mammals. The potential distribution of each species is based on a combination of literature survey, a review of their ecological requirements, and consultation with conservation scientists and managers. Spatial requirements were estimated within 21 Mammal Habitat Classes derived from 43 Land Classes delineated by expert-based vegetation and river mapping procedures. These estimates were derived from spreadsheet models based on forage availability estimates and the metabolic requirements of the respective mammal species, and that incorporate modifications of the agriculture-based Large Stock Unit approach. The potential population size of each species was calculated by multiplying its density estimate with the area of suitable habitat. Population sizes were calculated for pristine, or near pristine, habitats alone, and then for these habitats together with potentially restorable habitats for two park planning domain scenarios. These data will enable (a the measurement of the effectiveness of the GAENP in achieving predetermined demographic, genetic and evolutionary targets for mammals that can potentially occur in selected park sizes and configurations, (b decisions regarding acquisition of additional land to achieve these targets to be informed, (c the identification of species for which targets can only be met through metapopulation management,(d park managers to be guided regarding the re-introduction of appropriate species, and (e the application of realistic stocking rates. Where possible, the model predictions were tested by comparison with empirical data, which in general corroborated the

  16. Forest carbon trading : legal, policy, ecological and aboriginal issues

    International Nuclear Information System (INIS)

    Elgie, S.

    2005-01-01

    Canada's forest ecosystems store 88 billion tonnes of carbon, with trees alone storing 13 billion tonnes, twice the global annual carbon emissions. Carbon trading could affect forest management. Certain types of forest carbon project will offer cost-effective carbon sequestration options. This paper addresses current concerns about forest carbon trading such as phony carbon gains, biodiversity impact and increased fossil fuel emissions. Statistics were presented with information on global carbon stocks. The Kyoto Protocol requires that Canada must count all changes in forest carbon stocks resulting from afforestation, reforestation or deforestation, and that Canada has the option of counting carbon stock changes from forest management. The decision must be made by 2006, and considerations are whether to present projected net source or sink, or whether to count current commercially managed areas or all timber productive areas. An outline of federal constitutional authority power regarding Kyoto was presented, including limits and risks of trade and treaty powers. The economics of forest carbon were outlined with reference to increasing forest carbon storage. A two-pronged approach was advised, with avoided logging and plantation and intensive management securing carbon and timber benefits. Examples of pre-Kyoto pilots were presented, including the SaskPower project, the Little Red River Cree project and the Labrador Innu project. The disadvantages of offset trading were presented. It was concluded that forest carbon markets are part of a larger vision for sustainable development in Canada's north, especially for aboriginal peoples, and may indicate a growing market for ecological services. Constitutional limits to federal power to regulate carbon trading are not insurmountable, but require care. Ownerships of forest carbon rights raises important policy and legal issues, including aboriginal right, efficiency and equity. An estimated cost of forest carbon projects

  17. Legal Information Sources: An Annotated Bibliography.

    Science.gov (United States)

    Conner, Ronald C.

    This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

  18. 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 ...... 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.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

  19. Introducing legal method when teaching stakeholder theory

    DEFF Research Database (Denmark)

    Buhmann, Karin

    2015-01-01

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

  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 and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Federal Tort Claims Act § 3.3 Legal review. Any...

  1. 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 and Finance: Treasury Office of the Secretary of the Treasury CLAIMS REGULATIONS AND INDEMNIFICATION OF DEPARTMENT OF TREASURY EMPLOYEES Claims Under the Small Claims Act § 3.22 Legal review. Claims...

  2. Abortion Legalization and Life-Cycle Fertility

    Science.gov (United States)

    Ananat, Elizabeth Oltmans; Gruber, Jonathan; Levine, Phillip

    2007-01-01

    The early-1970s abortion legalization led to a significant drop in fertility. We investigate whether this decline represented a delay in births or a permanent reduction in fertility. We combine Census and Vital Statistics data to compare the lifetime fertility of women born in early-legalizing states, whose peak childbearing years occurred in the…

  3. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, Ali; van Ours, Jan

    2017-01-01

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

  4. European New Legal Realism and International Law:

    DEFF Research Database (Denmark)

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

    2015-01-01

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

  5. 16 CFR 600.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 600.2 Section 600.2 Commercial... INTERPRETATIONS § 600.2 Legal effect. (a) The interpretations in the Commentary are not trade regulation rules or regulations, and, as provided in § 1.73 of the Commission's rules, they do not have the force or effect of...

  6. 16 CFR 698.2 - Legal effect.

    Science.gov (United States)

    2010-01-01

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

  7. The Reach and Limits of Legal Education.

    Science.gov (United States)

    Schwartz, Murray L.

    1982-01-01

    Recent studies of the state of legal education and the practice of law are criticized, and legal education is found to be healthy. Practical and professional responsibility training is recommended for post-law school training rather than in the classical curriculum. (MSE)

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

    African Journals Online (AJOL)

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

  9. Advice for the New Legal Studies Professor

    Science.gov (United States)

    Bird, Robert C.

    2012-01-01

    The transition into academia from law school or legal practice is a significant and exciting shift in one's legal career. This transition, however, can also be one that presents numerous challenges. Preparing a syllabus and drafting lecture material can seem like a daunting task. Writing an academic article for the first time involves learning a…

  10. Legal framework for a radiation safety infrastructure

    International Nuclear Information System (INIS)

    Bilbao, A.A.

    2000-01-01

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

  11. Traditional Festivals to Become Legal Holidays

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

    @@ As nearly everyone knows already,the state is going to rearrange the schedule of legal holidays. The four traditional Chinese festivals, inluding Mid-Autumn Day, Dragon Boat Festival,Tomb-Sweeping Day and Spring Festival Eve, will be made into legal holidays. As for the Golden Week system, should it be continued or canceled?

  12. Legal Frame of Non-Social Robots

    NARCIS (Netherlands)

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

    2016-01-01

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

  13. Conceptual Analysis of Causation in Legal Discourse

    Czech Academy of Sciences Publication Activity Database

    Doležal, Adam; Doležal, Tomáš

    2014-01-01

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

  14. Reproduction, women, and the workplace: legal issues.

    Science.gov (United States)

    Bertin, J E

    1986-01-01

    Legal conflict has marked the effort to protect workers against reproductive injury, and legal activity in the management of occupational risks reflects a much broader range of important social issues, such as sexual discrimination in the workplace. This article describes the evolving law related to reproductive hazards that concern men, women and children.

  15. Legal institutions, strategic default, and stock returns

    NARCIS (Netherlands)

    Favara, G.; Schroth, E.; Valta, P.

    2008-01-01

    This paper studies the impact of legal institutions on stock returns. More specifically, we examine how differences in debt enforcement and creditor protection around the world affect stock returns of individual firms. We hypothesize that if legal institutions prevent shareholders from engaging in

  16. Death with Dignity: A Tripartite Legal Response

    Science.gov (United States)

    Leblang, Theodore Raymond

    1978-01-01

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

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

    African Journals Online (AJOL)

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

  18. Choice: Ethical and Legal Rehabilitation Challenges.

    Science.gov (United States)

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

    2000-01-01

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

  19. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

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

  20. Rule of law and legal epistemology

    NARCIS (Netherlands)

    Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

    2016-01-01

    In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such