WorldWideScience

Sample records for legal status assigned

  1. 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

  2. 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

  3. The legal status of engineering companies

    International Nuclear Information System (INIS)

    1981-10-01

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

  4. Limited legal status for refugees from Syria in Lebanon

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    Dalia Aranki

    2014-09-01

    Full Text Available Having limited legal status has direct negative consequences for Syrian refugees’ access to protection and assistance during their stay in Lebanon. Limited legal status also increases the risks of abuse and exploitation.

  5. The Economic Effects of Providing Legal Status to DREAMers

    OpenAIRE

    Ortega, Francesc; Edwards, Ryan; Hsin, Amy

    2018-01-01

    This study quantifies the economic effects of two major immigration reforms aimed at legalizing undocumented individuals that entered the United States as children and completed high school: Deferred Action for Childhood Arrivals (DACA) and the DREAM Act. The former offers only temporary legal status to eligible individuals; the latter provides a track to legal permanent residence. Our analysis is based on a general-equilibrium model that allows for shifts in participation between work, colle...

  6. Affirmation of the Legal Status of Taxpayers in Montenegro

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    Božović Srđa

    2016-09-01

    Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.

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

    African Journals Online (AJOL)

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

  8. NATURAL AND SOCIAL STATUS. HISTORICAL AND LEGAL IMPLICATIONS

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    Marius ANDREESCU

    2018-06-01

    Full Text Available The history of philosophy and the history of legal doctrines mention and analyze the differences, often categorical, between the existence of man in his natural status and on the other hand, his existence in social status. The doctrine of the social contract is the mainstream of the thought that analyzes the existential status of man in the social environment and the natural environment by arguing, according to the author and the philosophical conception, the historical, social and juridical particularities of the natural status and social status. In our study we support the compatibility between the two existential forms of man, we identify the existential categories in which these can be defined, and emphasize the implications of these categories in realization of the act of justice.

  9. The legal status of the fetus: an international review.

    Science.gov (United States)

    Seymour, John

    2002-08-01

    The article examines the way that courts and legislatures in the United Kingdom, the United States of America, Canada and Australia have answered questions regarding the legal status of a fetus. These questions have arisen in a variety of legal situations: the article deals with succession, criminal, child protection and negligence law. The conclusion offered is that a fetus has a value and an existence that the law should recognise. This does not mean, however, that in all circumstances the law should protect the interests of the fetus. Law-makers will respond differently to claims made on behalf of a fetus, depending on the context. The fetus does not have a uniform value or character in the eyes of the law. The law makes choices as to the situations in which it will take account of actual or threatened antenatal harm.

  10. Legal status and organizational structure of commodities excange in Slovakia

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    Nada Petričević

    2011-07-01

    Full Text Available Commodities exchange is an important element of market economy of a country. Being an organized commodities and capital market, it goes beyond the trade in a trade fair and particular trade in real commodities. It includes trading in exchangeable goods by standard label. As foundation of commodities exchange is expected in Croatia, the paper will explicate its status and operation in Slovakia, an EU member state that is similar to our country. The paper will focus on the legal status and organizational structure of consumer goods market in Bratislava. Although it has existed for just over 15 years, it is important to note that it actually goes back to the pre-Second World War Czechoslovakia. Also, to provide better understanding of its functioning, regulations defining the foundation and functioning of the commodities market will also be presented as well as the profile, method and types of operations, together with its positive effects.

  11. Legal Status of Credit Bank Guarantee in Indonesia’s Legal Guarantee

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    Erma Defiana Putriyanti

    2017-07-01

    Full Text Available The aim of this research is to analyze  about the legal status of the letter hiring as collateral for bank loans in the Indonesian security law. The method of this research is a normative juridical. The results of this research indicate that the decree hiring is not included in the objects that can be bound by pledge, fiduciary, and mortgage then hiring decree hiring is not included in the personal guarantee and corporate guarantee. Although the hiring decree is issued by a legitimate institution, the institution is not bound by an agreement between the debtor debts with the bank but when the decree was used as security for the bank. Hiring letter is not also included in the general collateral. Decree hiring is not an object and does not qualify as material that can be used as general collateral. The conclusion of this research is that the position of the decree hiring as collateral for bank loans is a new form of guarantee which is not included in the general guarantees and the specific ones. This shows that the system of legal guarantees in Indonesia is not pure anymore embrace a closed system, but has started shifting into an open system.

  12. The Assignment of Judging in the New Code of Civil Procedure: The Interactions Between the Legal Formalism and Democratic Formalism

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    Alan Da Silva Esteves Da Silva Esteves

    2016-10-01

    Full Text Available The assignment of judging in the new Code of Civil Procedure starts with the interactions between classical formalism and democratic formalism. The theories of constitutional hermeneutics, of civil adjectival law and of traditional Positivism are used in order to reaffirm the requirement of motivating the judgment in the higher degree of quality. It is necessary to understand the changes of the standards on the legal interpretation and the act of judging. The concept of jurisdiction in the Constitutional State connects to the constitutional principles of justice and fundamental rights, and approach the formal aspects of materials.

  13. Irregular Migration - between legal status and social practices

    DEFF Research Database (Denmark)

    Lund Thomsen, Trine

    2012-01-01

    Arnfinn H. and Rogstad, Jon 2.Book reviews by null 3.INVISIBLE IMMIGRANTS, VISIBLE EXPATS? Americans in Finnish discourses on immigration and internationalization by Leinonen, Johanna 4.Migrants in the Scandinavian Welfare State by Brochmann, Grete and Hagelund, Anniken 5.TOWARD AN IDENTITY STRESS....... Language and religious affiliations of an immigrant adolescent in Norway by Haque, Shahzaman View Top 20 Most Downloaded Articles Previous Article Next Article Go to table of contents Download full text pdf (PDF, 425 KB) Irregular Migration – Between Legal Status and Social Practices Narratives of Polish...... connected to the specific area of activity and to the accumulated capital of the individual. The aim is to identify how opportunity structures affect the migration process and how migrants react to them depending on the available capital and biographical knowledge and experiences. The horizon of experience...

  14. Civic stratification and crime. A comparison of asylum migrants with different legal statuses

    NARCIS (Netherlands)

    A.S. Leerkes (Arjen); G.B.M. Engbersen (Godfried); E. Snel (Erik); J. de Boom (Jan)

    2017-01-01

    textabstractContrary to natural born citizens, migrants can have a variety of legal statuses depending on how they are classified by immigration law. Together, such legal or ‘civic’ statuses constitute a system of civic stratification, from high (privileged) to low (restricted). Recent scholarship

  15. LEGAL STATUS AND MANAGEMENT OF THE DINARIC LYNX POPULATION

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    Magda Sindičić

    2013-09-01

    Full Text Available Reintroduction of the Eurasian lynx (Lynx lynx to the Dinaric Mountains in 1973 is one of the rare examples of successful reintroduction of a large predator. Today, Dinaric lynx population includes all lynx in Slovenia south of highway Ljubljana – Trieste, lynx in Croatia as well as lynx in western Bosnia and Herzegovina. It is considered that the population consists of mostly 130 individuals. Being small and endangered, the most important threats for its survival are poaching, depletion of prey, and possible consequences of reduced genetic diversity. In Slovenia, Croatia and the Federation of Bosnia and Herzegovina, the lynx is a protected species, while the current legislation of the Republic of Srpska does not refer to the lynx at all. Slovenia and Croatia have coordinated their monitoring and management activities, while no organized monitoring system is present in Bosnia and Herzegovina. The goal is to establish bilateral cooperation between Croatia and Slovenia as a basis for the management of the entire lynx population in this part of Europe, including primarily Bosnia and Herzegovina but also Austria and Italy.Key words: Eurasian lynx, Lynx lynx, Dinaric population, legal status, management

  16. The modern legal status of the Mount Athos

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    Papastatis Haralambos K.

    2004-01-01

    Full Text Available The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages. Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot

  17. THE LEGAL STATUS OF COMPANIES UNDER THE NEW CIVIL CODE

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    Lucian Bernd SĂULEANU

    2017-10-01

    Full Text Available The new Civil Code sets provisions regarding the liability of shareholders, organization and functioning of legal entity, annulment of documents issued by the management bodies of the legal entity, company contract, regime of contributions, company types, simple partnership, unlimited, simple limited partnership, with limited liability, joint stock, partnership limited by shares, cooperatives, other type of company.

  18. THE LEGAL STATUS OF THE SHARES TRADED ON RASDAQ MARKET

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    Cristian GHEORGHE

    2015-07-01

    Full Text Available RASDAQ Market was launched in Romania in 1996, appeared as a mirroring of the well-established American market NASDAQ (which stood for National Association of Securities Dealers Automated Quotations. The role designated for RASDAQ was as platform for valuing papers issued in the privatization program in Romania (mass privatization process - MPP. In fact the participating companies to MPP had the legal obligation, under first Romanian Capital Market Law, No 52/1194, to be listed on a stock exchange. Although it attended a US regulatory model, RASDAQ had to adapt to European rules with the accession of Romania to the European Union. The relevant EU rules (i.e., Directive 2004/39/EC on markets in financial instruments – MiFID, about to be replaced by Directive 2014/65/EU – MiFID II provide for only two types of trading systems, i.e. regulated markets and multilateral trading facilities (MTF, while the RASDAQ Market securities fall under none of these two trading systems regulated by MiFID1. After an entire decade of uncertainty concerning the status of the RASDAQ, Romanian legislator settled the situation of shares traded on this market. This regulation means the end for RASDAQ. Law No. 151/2014 provides that the RASDAQ Market is to be closed within twelve months as of the effective date of such law (October 27, 2014. To this end companies listed on the RASDAQ Market will have to opt for listing on a regulated market or on a MTF or for becoming private companies. Such option rests on the hands of shareholders. Going private asks for shareholders’ rights protection so Romanian Financial Supervisory Authority (FSA provides a procedure implementing the right to withdraw from the company of the dissenting shareholders and for computing compensation for their shares (FSA Regulation No. 17/2014.

  19. Assessing the Legal Status of Limited Partnership (CV

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    Binoto Nadapdap

    2013-01-01

    Full Text Available Business actors can choose various kinds of business entities to run their business. The law gives business actors the freedom to decide which business entity to use as a vehicle for their business activities. From a multitude of businesses, essentially there are three forms, which are: individual proprietorship, partnership and limited liability company. Additionally, there are some that have the opinion that there are two categories of companies: companies that are legal entities and those which are not legal entities.

  20. The Legal Status of the Federal Copyright Law. Final Report.

    Science.gov (United States)

    Forsythe, Ralph A.; Nolte, M. Chester

    The historical and legal background of the Federal Copyright Law with special implications for education was studied within five general areas of concern. The areas included: (1) historical development, (2) copyright revision issues, (3) principles of copyright law embodied in state and Federal statutes, (4) decisions of the courts pertaining to…

  1. Legal Status Of The Election Organizer Ethics Council An Analysis Of Indonesian Election Systems

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    Ardin

    2015-08-01

    Full Text Available This research aims to identify and to analyze the legal status of the Election Organizer Ethics Council in the General Election in Indonesia. This research is a normative research by using statute approach official records and the judges verdict which is then described qualitatively. These results indicate that the legal status of the Election Organizer Ethics Council in the general election in Indonesia as supporting organ that serves to uphold ethics rule of ethics and guarding democracy. The authority of Election Organizer Ethics Council in the general election in Indonesia sometimes out of authority. Ideal concept of the legal status of the Election Organizer Ethics Council in general elections was as supporting organ which have the infrastructure secretary general and administrative staff so it has a public legal entity as similar to the Election organizers serve as code of ethics enforcement agencies code of ethics and can equated to other state institutions.

  2. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

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

  3. Legal Status of the Catholic Church as an Economic Entity in EU and Croatian Law

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    Tomislav Sokol

    2018-01-01

    Full Text Available Regulation of the Catholic Church’s legal status in the European Union primarily falls within the competences of the Member States. The Croatian legal framework in this respect consists of various types of legal rules, most important of which is the set of international agreements entered into between the Republic of Croatia and the Holy See. Still, EU competition, state aid and free movement rules affect this legal framework to a significant degree. The aim of this paper is to analyse the applicability of the said EU rules to the activities of the Catholic Church in Croatia, that is to determine whether the Catholic Church can be considered an undertaking conducting an economic activity (and to what degree according to the said legal framework, whether the Croatian national legal framework is aligned with the EU rules, and whether there are points of contention in this area which need to be legally rectified. The second part of this paper analyses the European Union state aid and free movement legal framework, primarily trying to determine whether the Catholic Church is an undertaking carrying out an economic activity as prescribed by EU law. In this analysis, several issues emerge which have not been clearly resolved by the Court of Justice. The following part features an outline of the Croatian national legal framework on the legal status of the Catholic Church, focusing on potential points of contention between the national and the EU law. Finally, certain solutions to the mentioned issues are proposed, on the European and the national level, in accordance with legal certainty as the general principle of (EU law.

  4. The New Legal Framework for Acquiring ‘Well-Known’ Status in China

    DEFF Research Database (Denmark)

    Xiao, Kaiyu; Barrett Christiansen, Claus; Elsmore, Matthew James

    2017-01-01

    In China there is a new legal framework governing the determination of ‘well-known’ trade mark status. In this article, we identify several substantive and procedural innovations as regards the new rules, as well as drawing attention to attendant Chinese peculiarities that are also worthy...... of attention. Our legal analysis comprises a mix of positive and constructive critique of current Chinese trade mark law and practice, and reveals that to understand the rules regarding well-known status demands close examination of the institutional set-up in China. The article’s aim is to detail the new...... provisions and to address whether the new legal framework signals, overall, a more coherent phase of Chinese trade mark law ahead for determining and concluding well-known trade mark status in China....

  5. The Question of the Legal Nature and Status of Real Estate Objects for Religious Purposes

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    Roman V. Tupikin

    2016-12-01

    ABSTRACT: The article is devoted to research of the texts of foreign laws, regulations, and concordats on property relations between the state and religious institutions, on property rights of religious institutions and property relations in religious institutions (regarding property objects for religious purposes, on the status of some property objects for religious purposes. The author of the research analyzed the features of legal and contractual regulation of property relations of religious institutions and the status of property objects for religious purposes. The methodological foundation of the research presented has comparative and legal research method as the basis.

  6. Participant roles of bullying in adolescence: Status characteristics, social behavior, and assignment criteria.

    Science.gov (United States)

    Pouwels, J Loes; Lansu, Tessa A M; Cillessen, Antonius H N

    2016-01-01

    This study had three goals. First, we examined the prevalence of the participant roles of bullying in middle adolescence and possible gender differences therein. Second, we examined the behavioral and status characteristics associated with the participant roles in middle adolescence. Third, we compared two sets of criteria for assigning students to the participant roles of bullying. Participants were 1,638 adolescents (50.9% boys, M(age)  = 16.38 years, SD =.80) who completed the shortened participant role questionnaire and peer nominations for peer status and behavioral characteristics. Adolescents were assigned to the participant roles according to the relative criteria of Salmivalli, Lagerspetz, Björkqvist, Österman, and Kaukiainen (1996). Next, the students in each role were divided in two subgroups based on an additional absolute criterion: the Relative Only Criterion subgroup (nominated by less than 10% of their classmates) and the Absolute & Relative Criterion subgroup (nominated by at least 10% of their classmates). Adolescents who bullied or reinforced or assisted bullies were highly popular and disliked and scored high on peer-valued characteristics. Adolescents who were victimized held the weakest social position in the peer group. Adolescents who defended victims were liked and prosocial, but average in popularity and peer-valued characteristics. Outsiders held a socially weak position in the peer group, but were less disliked, less aggressive, and more prosocial than victims. The behavior and status profiles of adolescents in the participant roles were more extreme for the Absolute & Relative Criterion subgroup than for the Relative Only Criterion subgroup. © 2015 Wiley Periodicals, Inc.

  7. Legal status of privatdozents in Russian universities (1803-1884

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    Piskunov Il'ia

    2014-08-01

    Full Text Available Article is devoted to the formation of a special legal position of privatdozentur in Russian universities 1803-1884. The author analyzes a wide range of sources: Russian university statutes, documents and publications of the Ministry of National Education, comments on the draft statute in 1862. The aufer gradually build up the whole picture of the legislation on privatdozentur in its development. Article is thematically divided into sections in which the basic aspects of the Ministry of rulemaking activities are represented. Among them: the problem of privatdozentur, requirements to occupy the post, sources of fi nancing, the rights and obligations of university lecturers. Article is preceded by a brief excursion into the history of privatdozentur and reasoning about the discrepancies in the terminology. The author comes to new conclusions that the basic legislation on university lecturers have been laid already in the Charter of the University of Dorpat in 1803, and the term «privatdozent» came into use in the late 50s. (to fix the statute in 1863. The most important step in the development of institutions was the University Statute of 1863 and the University Statute of 1884 became a closing link in the chain of transformations privatdozentur in the universities of the Russian Empire. After 1884 Russian privatdozentur continued existence in a new environment and on a new qualitive basis, resulting in a tremendous increase in the number of privatdozents. Despite all the changes occurred from 1804 to 1884, following provisions remained constant: privatdozents were university professors, who were not included in the staff, were not involved in lectures, had no salary or other regular sources of funding. Until 1884 when they took office, they had to read a public trial lecture (or two and defend a thesis pro venia legendi.

  8. RECENT CHANGES TO THE RULES GOVERNING THE LEGAL STATUS OF FOREIGN NATIONALS IN ROMANIA

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    Monica-Florentina POPA

    2014-05-01

    Full Text Available The past decade has seen an unprecedented surge in the number of people leaving their home countries in search of economic prosperity, freedom, happiness etc., and settling – permanently or temporarily – on the territory of another state. The rights and obligations of these foreign nationals (or “third-country nationals” in EU legal jargon define their legal status and constitute – in the case of European Union – a matter that concerns both the Union and its member states. The present article endeavors a brief analysis of the recent changes to the main statutory instruments governing the legal status of foreign nationals in Romania, introduced mainly due to necessity of implementing various EU regulations into domestic law. The analysis will not be limited to a strictly legalistic approach, recent national and international political and economic trends will also be taken into consideration to better explain law in context.

  9. Tracking the legal status of a cohort of inpatients on discharge from ...

    African Journals Online (AJOL)

    Journal of Child and Adolescent. Psychopharmacology ... watch dog structures to protect the human rights of mental health care users and to ... the Human Research Ethics Committee of the University of ... clinical management, including their legal status, was not readably ... ensured. The necessary resources, capacity and.

  10. Perceptions of legal status: Associations with psychosocial experiences among undocumented Latino/a immigrants.

    Science.gov (United States)

    Cobb, Cory L; Meca, Alan; Xie, Dong; Schwartz, Seth J; Moise, Rhoda K

    2017-03-01

    In the present study we used a mixed-method design to examine perceptions of legal status and their association with psychosocial experiences among undocumented Latino/a immigrants in the United States Participants were asked to compare their perceived social experiences with those of documented Latinos/as in order to determine whether differences in such perceptions might emerge and whether such perceptions might differentially impact well-being. A community sample of 140 self-reported undocumented Latino/a immigrants completed questionnaires measuring perceptions of legal status, well-being (global and psychological), perceived context of reception, and experiences of discrimination. Results indicated that individuals who perceived their experiences as different from those of documented Latinos/as due to an unauthorized legal status reported less social equality as evidenced by lower well-being, increased experiences of discrimination, and a more adverse context of reception. Moreover, individuals who perceived their social experiences as different from those of documented Latinos/as due to their legal status reported issues centering on 2 domains: limited opportunity/restricted social mobility and discrimination/unfair treatment. Theoretical and practical implications are discussed in terms of advancing theory and from a multicultural counseling perspective. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

  11. Notes on the legal status of non-EU foreign workers in Spain.

    OpenAIRE

    Margarita Tarabini-Castellani Aznar

    2016-01-01

    The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  12. Notes on the legal status of non-EU foreign workers in Spain.

    Directory of Open Access Journals (Sweden)

    Margarita Tarabini-Castellani Aznar

    2016-10-01

    Full Text Available The object of this study is to analyze «grosso modo» the legal status of foreign workers from third countries, paying special attention to foreigners without a work permit. For reasons of space, I will only point out those issues which deserve greater attention and those which I have found of particular interest.

  13. Legal Status, Time in the USA, and the Well-Being of Latinos in Los Angeles.

    Science.gov (United States)

    Young, Maria-Elena De Trinidad; Pebley, Anne R

    2017-12-01

    In the USA, undocumented Latino immigrants may have poorer health because of barriers to health care, stressors, and detrimental effects of immigration enforcement. Previous immigrant health research, however, suggests that recently arrived Latino immigrants have better health than US-born Latinos and their health deteriorates over time. Given the current environments that undocumented immigrants face, legal status is a structural factor that likely influences the patterns of immigrant health. Therefore, the aim of this study was to examine the extent to which physical and mental health differed by legal status and duration in the USA for the Latino population in Los Angeles County, California. We conducted analysis of Latino respondents (n = 1396) to the Los Angeles Family and Neighborhood Survey (L.A.FANS) Wave II. We examined self-reported health, depression measured by the Composite International Diagnostic Interview-Short Form, and blood pressure collected by trained interviewers. Respondents reported their legal status, time in the USA, and other sociodemographic characteristics. Regression models were used to test associations between each outcome and 1) legal status and 2) legal status by duration (≤ 15 and > 15 years) in the USA. Without taking duration into account, we found no significant differences in outcomes between undocumented, documented, or US-born Latinos. Taking duration into account, shorter duration undocumented immigrants had worse self-reported health than the US born. Undocumented immigrants, regardless of duration, had higher blood pressure than documented immigrants who had been in the USA for less time and the same level of blood pressure as the US born. In contrast, shorter duration documented immigrants had lower blood pressure compared to longer duration documented immigrants and US-born counterparts, and marginally lower blood pressure than shorter duration undocumented immigrants. The findings suggest that the "health

  14. Science, truth, and forensic cultures: the exceptional legal status of DNA evidence.

    Science.gov (United States)

    Lynch, Michael

    2013-03-01

    Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of 'moral certainty', scientific proof attained a reputation for objectivity. Although most forms of legal evidence (including expert evidence) continue to be treated as fallible 'opinions' rather than objective 'facts', forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The 'administrative objectivity' of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of 'truth' in the criminal justice system. Copyright © 2012. Published by Elsevier Ltd.

  15. THE LEGAL STATUS OF PROFESSIONALS IN THE CONTEXT OF CHANGES BROUGHT BY THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    OANA-CARMEN RĂVAŞ

    2014-12-01

    Full Text Available Adoption of the New Civil Code (NCC meant a "turning point" for the radical concept of the subjects participating in legal relations which, according to the Commercial Code (now repealed almost all provisions usually were traders. Currently, the Unification of Private Law, according to the monistic conception embraced by NCC there are a series of difficulties in the conceptual framework of "professionals", the "company" and, especially, the professional traders. Professional traders are individuals: the individual, authorized individual and family business. The legal status of the three categories of individuals falling into the category of professionals traders is regulated by Ordinance no. 44/2008, amended.

  16. Legal status of crew members on pleasure craft and vessels used in nautical tourism

    Directory of Open Access Journals (Sweden)

    Giovanni Marchiafava

    2018-02-01

    Full Text Available The paper aims at examining the issues related to the legal status of crew members of pleasure craft and vessels used in nautical tourism from an Italian perspective. Firstly, the definition of crew and its composition on pleasure craft and vessels is examined. Additionally, the legal regime of crew members together with the crew on-board documentation, is discussed. Furthermore, the main similarities and dissimilarities of the crew regime according to the type of pleasure craft and vessel and their use, as well as, the on-board services, is dealt with. Finally, the issue related to the legal classification of ‘’guests’’, undertaking complementary on-board services of pleasure craft and vessels is considered.

  17. LEGAL STATUS OF ADVISORS IN THE FIELD OF INTELLECTUAL PROPERTY RIGHT IN THE UNITED KINGDOM

    Directory of Open Access Journals (Sweden)

    Khrystyna Kmetyk

    2017-11-01

    Full Text Available Purpose: to research the legal status of advisors in the field of intellectual property right in the United Kingdom. In this article an author distinguishes and gives a legal description of the types of advisors in the field of intellectual property right in the United Kingdom. The main provisions of the Rules of Conduct for Patent Attorneys, Ttrade Mark Attorneys and Other Regulated Persons (2015 are considered. Methods: to analyse the legal status of advisors in the field of intellectual property right in the United Kingdom the method of induction, systematic approach, formal legal methods were used. Results: this research provides an opportunity to broaden the understanding of the institute of advisors in the field of intellectual property right (in particular patent attorneys and trademark attorneys in the UK and thus include this knowledge in domestic research on intellectual property right. Conclusions: the majority of types of advisors in the field of intellectual property right in the United Kingdom (patent attorneys, chartered patent attorneys, European patent attorneys, registered trademark attorneys and trademark attorneys, European trademark attorneys, etc. is well-educated professionals in all areas of intellectual property and are able to advise on a wide range of technical and commercial issues in this field. The obtained results will have a positive impact on the reform of the institute of representatives in the field of intellectual property in Ukraine in order to ensure its effectiveness and relevance to the challenges of the present.

  18. Peculiarities of the Nature and Status of the Russian Presidential Administration: Historical, Political and Legal Overview

    Directory of Open Access Journals (Sweden)

    Anton Vladimirovich Zuykov

    2018-03-01

    Full Text Available The Presidential Administration in the Russian Federation has never been just an adminicular mechanism of the head of state. Unlike its western analogs, it has always possessed an incomparably large resource of power. While presidents were changed, the personal stuff, structure and authorities of this body were also changed, but its central place in the management system of the Russian state remained stable. The Administration of the President of the Russian Federation is an institution, whose legal status does not have a clear legal shape. Not without reason the journalists, as well as lawyers, political scientists and historians sometimes call it the shadow government or the secret order. However, the legal nature of the administration of the President of the Russian Federation is not quite clear. Even the name "Administration" is often misleading: whether the Administration of the President of the Russian Federation may be considered the executive power or the public administration in a wider sense? This and other disputes about the nature of the Presidential Administration of the Russian Federation and its legal status have arisen in the expert community with the beginning of complex work on the constitutional project, and are still ongoing today. In this regard, the author of this article decided to make one of the first attempts in the country to investigate what the Administration of the President of the Russian Federation really is, what are the problems associated with its functioning, and whether there are legal means to resolve them at the present stage. To answer these questions, the author thoroughly analyzes the models and arguments proposed at different stages of the development of the new Russia, and correlates them with the basic constitutional principles.

  19. International legal status of refugees in the territory of one party to armed conflict

    Directory of Open Access Journals (Sweden)

    Tesla Milan

    2017-01-01

    Full Text Available The international law of armed conflicts provides a legal protection to refugees if they find themselves in the territory of warring parties. Refugees are regarded as protected persons, particularly in international armed conflicts. Refugees are people forced to leave their country to find a shelter in a foreign country as a result of political events or the treat of prosecution. The legal status of refugees was regulated first by Convention relating to the Status of Refugees of 1951. The legal status of refugees in armed conflicts was regulated by Geneva Convention relating to Protection of Civilian Persons in Time of War of 1949 and by Protocol I of 1977. Both acts regulate the status of refugees who, at the moment of the beginning of hostile activities find themselves in the territory of one party to the conflict i.e., the occupied territory. So it is therefore about foreigners who have been granted a refugee status before the start of the conflict. According to the same Convention, party to the conflict, at which territory the refugees find themselves in, cannot consider them, neither treat them as foreigners nor hostile citizens, just because they belong to a hostile state. Protocol I, expended the protection of refugees in the way it is regulated, that the persons treated like refugees or stateless persons, before the start of hostilities, would be under the protection of provisions of IV Geneva Convention in all circumstances and without any adverse distinction. We should particularly emphasize the right of refugees, not to be driven out to the country where their lives or freedom could be endangered because of their belonging to a group or because of their political opinion.

  20. The Economic and Legal Status of Cryptocurrency Both in Ukraine and Abroad

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    Nadievets Luidmila M.

    2017-12-01

    Full Text Available The article is aimed at disclosing the economic essence of cryptocurrency, researching the foreign experience in the use of digital currency in market economies and the possibilities of its adaptation to the conditions of Ukraine. Attention is focused on the advantages and disadvantages of using cryptocurrency in the development of the modern economy. Definitions of the category of «cryptocurrency» from different literary sources have been generalized. It has been defined that the first and most widespread cryptocurrency in different countries of the world is the Bitcoin. The features of issue and circulation of cryptocurrency both in Ukraine and abroad have been clarified. The international experience of work with cryptocurrency was considered and its potential influence on development of the national economy was determined. The economic and legal status of national and foreign cryptocurrencies was researched. The ways of overcoming the legal vacuum of the mode of work with national and foreign cryptocurrencies have been proposed.

  1. Present status and legal countermeasures of electromagnetic radiation pollution in China

    International Nuclear Information System (INIS)

    Qiu Qiu

    2007-01-01

    With the wide utilization of electronic technology, electromagnetic radiation has rapidly been one of the most serious pollution sources, causing corresponding disputes of pollution on the rise and the contradictions sharp increasingly because of the limited supply and research of law. The article analyses the characters and present status of electromagnetic radiation pollution, points out the inadequacy supply of relevant law and its reasons and presents legal countermeasures, that is: complying with present laws, establishing national standard systems, strengthening local legislation. The paper also presents the basic idea and principle of making 'Prevention Electromagnetic Radiation Pollution'. (authors)

  2. Preimplantation genetic diagnosis: an ambiguous legal status for an ambiguous medical and social practice.

    Science.gov (United States)

    Byk, Christian

    2008-09-01

    The controversy about to which extend PGD may be applies is particularly interesting because it stresses on a paradoxical point concerning PGD. Although this technique is strictly regulated in most European countries where it is regularly practised, the legal status of PGD may appear to some as unethical because it may be viewed as a facilitator for those who would like to select children for reason other than medical. The need to test human embryos before birth and the consequences that may occur to those detected with some abnormalities also revives the issue of the respect due to the human embryo.

  3. Status Convergence: A Sociological Investigation of Undocumented Students' Legal and Collegiate Social Statuses

    Science.gov (United States)

    Muñoz, Alejandra; Alleman, Nathan F.

    2016-01-01

    This qualitative study examines the role of college in how undocumented students make meaning of their identity through the concept of status ownership. Using a sociological framework that drew upon Kaufman and Feldman's (2004) work, this study calls attention to the social context in the college experience and offers insight into this student…

  4. The legalization of corporate social responsibility: towards a new doctrine of international legal status in a global governance context

    NARCIS (Netherlands)

    Bijlmakers, Stephanie

    2017-01-01

    This thesis examines whether Corporate Social Responsibility (CSR) and the responsibilities of business enterprises for human rights have been legally defined in international, European law and national law. This analysis, in turn, generates novel insights and impetus for reconsidering the

  5. The legal status of cannabis (marijuana) and cannabidiol (CBD) under U.S. law.

    Science.gov (United States)

    Mead, Alice

    2017-05-01

    In the United States, federal and state laws regarding the medical use of cannabis and cannabinoids are in conflict and have led to confusion among patients, caregivers, and healthcare providers. Currently, cannabis is legal for medical purposes in 50% of the states, and another seventeen states allow products that are high in cannabidiol (CBD) and low in THC (tetrahydrocannabinol) for medical use. Many of these artisanal products are sold in dispensaries or over the internet. However, none of these products has been approved by the Food and Drug Administration (FDA). Understanding how federal laws apply to clinical research and practice can be challenging, and the complexity of these laws has resulted in particular confusion regarding the legal status of CBD. This paper provides an up-to-date overview (as of August 2016) of the legal aspects of cannabis and cannabidiol, including cultivation, manufacture, distribution, and use for medical purposes. This article is part of a Special Issue title, Cannabinoids and Epilepsy. Copyright © 2017 The Author. Published by Elsevier Inc. All rights reserved.

  6. A Comparison of the Status, Legal, Economic, and Psychological Characteristics of Types of Adult Male Gamblers.

    Science.gov (United States)

    Weinstein, A; Dinur Klein, L; Dannon, P N

    2015-09-01

    Gambling behavior is not a unique behavior. There are certain differences in behavior, gambling habits, gambling beliefs, and their reflection in psychosocial life. We have compared three groups of adult male gamblers—sports gamblers (n = 41), machine gamblers (n = 36), and poker gamblers (n = 35)—in regard to measures of personal status and legal-social characteristics. We found no difference between groups in terms of the length of gambling behavior, personal status, or age. We found no legal difference between groups in terms of the number of court cases for debt, stealing, or family court cases. In terms of economic circumstances, sports gamblers suffered more losses than the other groups (p < 0.0001). There were higher rates of bankruptcy among sports gamblers compared with machine gamblers (p < 0.01). Sports gamblers were more likely to borrow money from the black market compared with the other groups (p < 0.01). In terms of mental health, sports and machine gamblers had more suicidal thoughts and gestures than poker gamblers (p < 0.05), whereas the rate of suicide attempts was higher in machine gamblers compared with poker players (p < 0.05). Our results indicated higher vulnerability in sports gamblers in terms of economic problems compared with the other groups, whereas machine gamblers had vulnerability to suicidal thoughts and suicidal attempts compared with poker gamblers.

  7. "They're legal so they're safe, right?" What did the legal status of BZP-party pills mean to young people in New Zealand?

    Science.gov (United States)

    Sheridan, Janie; Butler, Rachael

    2010-01-01

    The legislation on psychoactive substances has a role to play with regard to shaping social values and influencing the normalisation of drug use. In New Zealand from 2005 to 2008, benzylpiperazine-containing 'legal' party pills (BZP-party pills) were legally available for purchase, subject to controls around a minimum purchase age of 18 years, and prohibitions on free of charge distribution and advertising in certain media. This paper explores what their legal status communicated to young users. Interviews and group discussions with young people (n=58) who had used BZP-party pills in the preceding 6 months. Data were collected between June and December 2006 via a series of interviews with individuals, 'friendship' pairs, and groups comprised of participants known to each other. Young people saw BZP-party pills as 'safe' and of good quality as they were legal/government sanctioned, but also thus of inferior strength, suggesting they could take more of them. However, after using them they often reviewed their view of their safety and quality due to varied experiences. Being legal for some people meant they could use the substances without breaking the law, or having to go to 'dealers'. Their legal status also meant they were easily accessible and were seen to be 'socially acceptable', with some young people indicating they would be happy to discuss their use with their parents. However, social acceptability was, for some, a reason not to use them. These data provide a unique insight into the tension between positive and negative harm reduction messages relating to the legal nature of psychoactive drugs and as such begin to fill an information void in this area. The legal status of these 'party pills' conveys mixed messages to young people and whilst being seen as potentially safe and of good quality, this often leads to higher than 'recommended' doses being used. Nevertheless, not breaking the law or having to access BZP-party pills from 'dealers', and being able to

  8. Legal Immigration Status is Associated with Depressive Symptoms among Latina Transgender Women in Washington, DC

    Directory of Open Access Journals (Sweden)

    Thespina Yamanis

    2018-06-01

    Full Text Available Latina transgender women (LTW are disproportionately vulnerable to depression, although the role of immigration/documentation status (legal authority to live/work in the U.S. in depression has not been explored. LTW in Washington, DC were recruited into a cross-sectional study via convenience sampling. Most were Spanish-speaking Central American immigrants. Participants completed rapid HIV tests, and a Spanish-language survey assessing recent depressive symptoms (PHQ-2, sociodemographics, and factors from the minority stress framework: structural stressors (documentation status, stable housing, social stressors (discrimination, fear of deportation, violence and coping resources (social support, resilience. Among immigrant LTW (n = 38, 24 were undocumented. Among the undocumented, the average PHQ-2 score was 2.7, and among the documented, the average PHQ-2 score was 1.4 (p < 0.05. Undocumented LTW were significantly more likely to experience employment discrimination, recent unstable housing, and fear of deportation. Bivariate and multiple linear regressions were performed to assess the relationship between documentation status and other correlates of past two week depressive symptoms. In multivariate analysis, PHQ-2 scores were inversely associated with being documented (p < 0.01, having an income above the federal poverty level, higher friends’ social support, and increased resiliency. Documentation status is an important correlate of depressive symptoms among LTW that should be considered within the context of health interventions.

  9. Procedural and legal status of the injured party according to the new criminal procedure code of the Republic of Serbia

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    Grubač Momčilo

    2012-01-01

    Full Text Available In this article the author is critically analyzing certain solutions of the new Criminal Procedure Code of the Republic of Serbia from 2011 which consider the injured party and their rights in the criminal proceeding. He states that unlike the previous ones, this Code does not improve the status of the injured party but makes it even worse. The author particularly claims that the legislator yet again failed to establish the right of the injured party to be efficiently compensated in the event of a serious offense from a special fund and immediately after the crime has been committed, but prior to the end of the criminal proceeding. In the provision of the Code which states that the injured party may take over the prosecution and become a prosecutor replacing the Public Prosecutor (subsidiary prosecutor only if the Public Prosecutor withdraws after having confirmed the indictment, however not in the cases of rejection of criminal charges or withdrawal from the prosecution in the previous proceeding, the author sees not only the limitation of the rights of the injured party, but also jeopardy of the public interest. This is due to the fact that, freed from a threat of the subsidiary accusation by the injured party, the Public Prosecutor has gained an absolute and uncontrolled monopoly over the initiation of criminal proceeding. According to the author, the subject of the proceedings will not have any substantial use from some rights which the new Code assigns to the injured party (for example the right to appeal against the judgment on the adjudicated property claim. In conclusion, the author stresses out that in spite of his objections against certain provisions in the Code, the legal status of the injured party is more favorable in the criminal law of Serbia then in many other countries.

  10. MARTA: a suite of Java-based tools for assigning taxonomic status to DNA sequences.

    Science.gov (United States)

    Horton, Matthew; Bodenhausen, Natacha; Bergelson, Joy

    2010-02-15

    We have created a suite of Java-based software to better provide taxonomic assignments to DNA sequences. We anticipate that the program will be useful for protistologists, virologists, mycologists and other microbial ecologists. The program relies on NCBI utilities including the BLAST software and Taxonomy database and is easily manipulated at the command-line to specify a BLAST candidate's query-coverage or percent identity requirements; other options include the ability to set minimal consensus requirements (%) for each of the eight major taxonomic ranks (Domain, Kingdom, Phylum, ...) and whether to consider lower scoring candidates when the top-hit lacks taxonomic classification.

  11. Participant roles of bullying in adolescence: Status characteristics, social behavior, and assignment criteria

    NARCIS (Netherlands)

    Pouwels, J.L.; Lansu, T.A.M.; Cillessen, A.H.N.

    2016-01-01

    This study had three goals. First, we examined the prevalence of the participant roles of bullying in middle adolescence and possible gender differences therein. Second, we examined the behavioral and status characteristics associated with the participant roles in middle adolescence. Third, we

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

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    Agoston Mohay

    2017-12-01

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

  13. Legal analysis of assignments of law in the industry of oil and natural gas; Analise juridica das cessoes de direito nos contratos de concessao da industria do petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Lima, Rayssa Cunha; Silveira Neto, Otacilio dos Santos; Xavier, Yanko Marcius de Alencar [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    This study has the objective to examine, even briefly, some issues related to the Assignments carried out by the Industry of Oil and Natural Gas (IONG). To that end, it was made a brief explanation about the oil market after its flexibility and entry of new private agents in the market, as well as about the main tasks of the National Agency of Petroleum, Natural Gas and Biofuels - ANP in the conclusion of the concession contracts for the IONG, making a parallel between the species, as well as discussions about the legal nature of the latter, presenting some doctrinal positions that reflects these differences. Then, shows the institute of Assignment of rights of the concession contracts for the IONG, bringing its concept and characteristics, its legal and constitutional forecast, their legal treatment and established procedure in the contracts, highlighting its importance for the market dynamics of oil and natural gas. (author)

  14. Cannabis use, attitudes, and legal status in the U.S.: A review.

    Science.gov (United States)

    Carliner, Hannah; Brown, Qiana L; Sarvet, Aaron L; Hasin, Deborah S

    2017-11-01

    Cannabis is widely used among adolescents and adults. In the U.S., marijuana laws have been changing, and Americans increasingly favor legalizing cannabis for medical and recreational uses. While some can use cannabis without harm, others experience adverse consequences. The objective of this review is to summarize information on the legal status of cannabis, perceptions regarding cannabis, prevalence and time trends in use and related adverse consequences, and evidence on the relationship of state medical (MML) and recreational (RML) marijuana laws to use and attitudes. Twenty-nine states now have MMLs, and eight of these have RMLs. Since the early 2000s, adult and adolescent perception of cannabis use as risky has decreased. Over the same time, the prevalence of adolescent cannabis use has changed little. However, adult cannabis use, disorders, and related consequences have increased. Multiple nationally representative studies indicate that MMLs have had little effect on cannabis use among adolescents. However, while MML effects have been less studied in adults, available evidence suggests that MMLs increase use and cannabis use disorders in adults. While data are not yet available to evaluate the effect of RMLs, they are likely to lower price, increase availability, and thereby increase cannabis use. More permissive marijuana laws may accomplish social justice aims (e.g., reduce racial disparities in law enforcement) and generate tax revenues. However, such laws may increase cannabis-related adverse health and psychosocial consequences by increasing the population of users. Dissemination of balanced information about the potential health harms of cannabis use is needed. Copyright © 2017. Published by Elsevier Inc.

  15. The Influence of Immigrant Parent Legal Status on U.S.-Born Children's Academic Abilities: The Moderating Effects of Social Service Use

    Science.gov (United States)

    Brabeck, Kalina M.; Sibley, Erin; Taubin, Patricia; Murcia, Angela

    2016-01-01

    The present study investigated the relationship between immigrant parent legal status and academic performance among U.S.-born children, ages 7-10. Building on previous research and a social ecological framework, the study further explored how social service use moderates the relationship between parent legal status and academic performance.…

  16. From undocumented to lawfully present: Do changes to legal status impact psychological wellbeing among latino immigrant young adults?

    Science.gov (United States)

    Patler, Caitlin; Laster Pirtle, Whitney

    2018-02-01

    Exclusionary immigration policies, as a form of structural racism, have led to a sizeable undocumented population that is largely barred from access to resources in the United States. Existing research suggests that undocumented immigration status detrimentally impacts mobility, yet few studies have tested the impacts of legal status on psychological wellbeing. Most importantly, we know little about how changes to legal status impact wellbeing. Announced in 2012, the Deferred Action for Childhood Arrivals (DACA) program allows eligible undocumented youth to apply for temporary lawful status. Drawing on cross-sectional survey data from 487 Latino immigrant young adults in California collected in 2014 and 2015, we analyze the predictors of three specialized outcomes related to immigrants' psychological wellbeing-distress, negative emotions, and deportation worry before and after a transition from undocumented to lawfully present status. Results show that retrospective reports of past psychological wellness, when all respondents were undocumented, are predicted primarily by socioeconomic status. However, reports of current psychological wellness are predicted by DACA status. Our results demonstrate, for the first time, the positive emotional consequences of transitioning out of undocumented status for immigrant young adults. Copyright © 2017 Elsevier Ltd. All rights reserved.

  17. The legal status of persons in the dwelling or other private property of which the search is carried out

    Directory of Open Access Journals (Sweden)

    Ірина Вегера-Іжевська

    2017-06-01

    Full Text Available The article is devoted to legal regulation of procedural rights and obligations of persons in a dwelling or other private property of which the search is carried out. Analyzed enforcement practice of Ukraine and the European court of human rights, foreign criminal procedure law, clarified the shortcomings of the normative regulation of the legal status of the individual, which can interfere with the right to inviolability of the home or other private property of a person. Suggestions to amend the current legislation with the provisions of the voluntary disclosure of the objects specified in the resolution, or the indication of the location of the person sought.

  18. Civil nuclear activities in Switzerland: status, legal framework, researches and harmonization

    International Nuclear Information System (INIS)

    2010-01-01

    This report gives an overview of the present status of nuclear activities in Switzerland. It indicates and comments the shares of the different sources of production of electricity, the electricity consumption, and electricity imports. It describes the structure of the sector. It proposes a history of nuclear development (first reactors, accidents, abandoned projects), describes the present nuclear plant stock, and the fuel cycle management (supply, waste management and storage, reprocessing). It presents the IFSN (the Swiss nuclear safety authority), the nuclear industry organization, and the professional bodies. Then, it describes the legal framework. It discusses the issue of nuclear plant replacement, and that of waste storage in deep geological layers, and comments the posture of the political parties on these issues. It gives a rather detailed overview of researches in the nuclear field (general framework and institutions, research reactors, researches in security and radioprotection, in nuclear safety, in controlled thermonuclear fusion, in waste management). Finally, it describes the harmonization efforts in relationship with international organizations (safety authorities and nuclear industries)

  19. The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials.

    Science.gov (United States)

    Hall, Matthew; Greenman, Emily

    2015-01-01

    Considerable research and pervasive cultural narratives suggest that undocumented immigrant workers are concentrated in the most dangerous, hazardous, and otherwise unappealing jobs in U.S. labor markets. Yet, owing largely to data limitations, little empirical work has addressed this topic. Using data from the 2004 and 2008 panels of the Survey of Income and Program Participation, we impute legal status for Mexican and Central American immigrants and link their occupations to BLS data on occupational fatalities and occupational hazard data from the Department of Labor to explore racial and legal status differentials on several specific measures of occupational risk. Results indicate that undocumented workers face heightened exposure to numerous dimensions of occupational hazard - including higher levels of physical strain, exposure to heights, and repetitive motions - but are less exposed than native workers to some of the potentially most dangerous environments. We also show that undocumented workers are rewarded less for employment in hazardous settings, receiving low or no compensating differential for working in jobs with high fatality, toxic materials, or exposure to heights. Overall, this study suggests that legal status plays an important role in determining exposure to job hazard and in structuring the wage returns to risky work.

  20. The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials1

    Science.gov (United States)

    Hall, Matthew; Greenman, Emily

    2014-01-01

    Considerable research and pervasive cultural narratives suggest that undocumented immigrant workers are concentrated in the most dangerous, hazardous, and otherwise unappealing jobs in U.S. labor markets. Yet, owing largely to data limitations, little empirical work has addressed this topic. Using data from the 2004 and 2008 panels of the Survey of Income and Program Participation, we impute legal status for Mexican and Central American immigrants and link their occupations to BLS data on occupational fatalities and occupational hazard data from the Department of Labor to explore racial and legal status differentials on several specific measures of occupational risk. Results indicate that undocumented workers face heightened exposure to numerous dimensions of occupational hazard – including higher levels of physical strain, exposure to heights, and repetitive motions – but are less exposed than native workers to some of the potentially most dangerous environments. We also show that undocumented workers are rewarded less for employment in hazardous settings, receiving low or no compensating differential for working in jobs with high fatality, toxic materials, or exposure to heights. Overall, this study suggests that legal status plays an important role in determining exposure to job hazard and in structuring the wage returns to risky work. PMID:26190867

  1. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

    Directory of Open Access Journals (Sweden)

    Muthanna Samara

    2017-11-01

    Full Text Available Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK. Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

  2. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment.

    Science.gov (United States)

    Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K; Morsi, Hisham

    2017-11-24

    Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour.

  3. Bullying and Cyberbullying: Their Legal Status and Use in Psychological Assessment

    Science.gov (United States)

    Samara, Muthanna; Burbidge, Vicky; El Asam, Aiman; Foody, Mairéad; Smith, Peter K.; Morsi, Hisham

    2017-01-01

    Bullying and cyberbullying have severe psychological and legal consequences for those involved. However, it is unclear how or even if previous experience of bullying and cyberbullying is considered in mental health assessments. Furthermore, the relevance and effectiveness of current legal solutions has been debated extensively, resulting in a desire for a specific legislation. The purpose of this study is to investigate the psychological and legal components of bullying and cyberbullying. This is a qualitative research that includes interviews with five practitioner psychologists and four lawyers in the United Kingdom (UK). Thematic analysis revealed three main themes. One theme is related to the definition, characteristics, and impact of bullying and cyberbullying and the need for more discussion among the psychological and legal professions. Another theme is related to current professional procedures and the inclusion of questions about bullying and cyberbullying in psychological risk assessments. The third theme emphasised the importance of intervention through education. Two key messages were highlighted by the lawyers: ample yet problematic legislation exists, and knowledge will ensure legal success. The study recommends the necessity of performing revisions in the clinical psychological practices and assessments, and the legal policies regarding bullying and cyberbullying. In addition to improving legal success, this will reduce bullying prevalence rates, psychological distress, and psychopathology that can be comorbid or emerge as a result of this behaviour. PMID:29186780

  4. The Legal Status of Low Speed, Electric, Automated Vehicles in Texas : Policy Brief

    Science.gov (United States)

    2018-01-01

    This report explores whether vehicles that are both Neighborhood Electric Vehicles (NEVs) and Automated Vehicles (AVs) may operate legally on public roads in Texas. First is an examination of Neighborhood Electric Vehicles and how they are governed i...

  5. The "Post-Racial" Politics of Race: Changing Student Assignment Policy in Three School Districts

    Science.gov (United States)

    McDermott, Kathryn A.; Frankenberg, Erica; Diem, Sarah

    2015-01-01

    Many school districts have recently revised, or tried to revise, their policies for assigning students to schools, because the legal and political status of racial and other kinds of diversity is uncertain, and the districts are facing fiscal austerity. This article presents case studies of politics and student assignment policy in three large…

  6. Inheritance and legal status of an adoptee and adopter in the example of Vranje

    Directory of Open Access Journals (Sweden)

    Crnobrnja-Đorđević Jadranka

    2008-01-01

    Full Text Available Inheritance and legal status of an adoptee and adopter is frequently identical to the relationship that exists between parents and their biological children. In this sense, it is especially interesting to inquire the inheritance rights of adoptee towards his/hers biological parents and kindred, and on the other hand, adopters and civic kin. From an ethnological standpoint, an adoption is interesting, among other things, because it addresses questions between blood/kin and civic relatedness, expressed fully in inheritance rights. The inheritance law, in practice since 2005 recognizes two types of adoption - total and partial. From an ethnological/anthropological standpoint, the following facts, found at the course of my fieldwork, are indicative- a married couple adopts a male child, usually from the closest husband's blood relatives (an uncle adopts a niece. Female children are rarely adopted, that is, only in cases when the closest blood relatives (through male and female lines have no male descendants. An adoptee inherits an entire family holding property of an adopter. An analysis of the inheritance rights of an adoptee and adopter allows an insight into the understanding of blood relatedness which exists in a consciousness of individuals. It turned out that being childless in a patriarchal social environment, such as Vranje, represents a crisis situation for couples, individuals but also for the whole patrilineal group of relatives. By adoption of a male relative belonging to an agnatic affiliation, the question of inheritance is solved, but also a problem of social and material reproduction of a patrilineal group and continuity of agnatic identity. This, of course, does not mean that an adoption of unrelated male child, especially in a case of total adoption, the same would not be possible. But it appears that the answer is in the fact that in the case of an adoption of unrelated child, there is a weakening of substantial sameness. In the

  7. Legal status, role and competencies of the commissioner for protection of equality

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2014-01-01

    Full Text Available The Commissioner for Protection of Equality is an autonomous and independent state authority established on the basis of the Law on the Prohibition of Discrimination (2009, as a central national institution for protection from and suppression of discrimination. The article analyses the legal profile and position of the institution within the legal system, the role and scope of its authority in preventing and reacting to discrimination. In addition, the Commissioner’s acting upon complaints has been considered, as well as so-called strategic litigation, its potentials, and the indicators used for identifying strategically important cases of discrimination, and the requirements for initiating strategic litigation.

  8. Persons or property – freedom and the legal status of animals

    NARCIS (Netherlands)

    Schmidt, Andreas

    2018-01-01

    Is freedom a plausible political value for animals? If so, does this imply that animals are owed legal personhood rights or can animals be free but remain human property? Drawing on different conceptions of freedom, I will argue that while positive freedom, libertarian self-ownership, and republican

  9. The legal status of seriously ill foreigners in France and Portugal

    Directory of Open Access Journals (Sweden)

    Daniel Senovilla Hernández

    2016-10-01

    Full Text Available The present paper aims to compare french and spanish legislations relating to the regulations foreigners access to public health care, with particular reference to the way in which both legislations give especific protection in critical situations of serious illness. In connection with this circunstance of serious illness and from and a comparative perspective, the different practical outcomes of a protection «in full right» and a «discretionary» protection are the most outstanding features. Because the subject matter dealt with —i.e. immigrants’ health— is of interest to the different professionals on this sector of activity and with the precision that this document of legal analysis has been made an effort to use non-technical languaje whenever possible so that it can be easily read by anyone interested who not have legal training.

  10. Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

    OpenAIRE

    رشاد نعمان العامري

    2017-01-01

    Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and som...

  11. Legal Framework of Franchise Agreement Compared to the Legislation Status in Yemen

    Directory of Open Access Journals (Sweden)

    رشاد نعمان العامري

    2017-10-01

    Full Text Available Franchise is a modern style created as a need for trade to increase projects size. It differs from the authorization to use the trademark because the latter only requires licensing of the licensee's trademark, unlike the Franchise contract, in which it goes beyond the need to convey technical knowledge from Franchisor to Franchisee. In Yemen, Franchise has not received any private legal legislation till the moment, necessitating applying contract articles, contracts general principles and some provisions embodied in the texts of other laws that are suitable to be applied to some of its issues and provisions, in addition to what is inspired by provisions in foreign laws. This study aimed to distinguish franchise agreement from similar contracts that have become common in the commercial field; to identify important legal and practical problems facing franchise agreement as well as suggest solutions to address such problems; and to propose regulatory principles that can be used by the Yemeni legislator in the future when enacting laws that govern franchise agreement. To achieve these objectives, the study followed a descriptive analytical method. The study concludes that the franchise agreement has not received any special legal legislation in Yemen so far; and also the franchise agreement is characterized by a complex nature and has special features. Keywords: Franchise, Trade mark, Technical knowledge, Franchisor, Franchisee.

  12. Identifying health insurance predictors and the main reported reasons for being uninsured among US immigrants by legal authorization status.

    Science.gov (United States)

    Vargas Bustamante, Arturo; Chen, Jie; Fang, Hai; Rizzo, John A; Ortega, Alexander N

    2014-01-01

    This study identifies differences in health insurance predictors and investigates the main reported reasons for lacking health insurance coverage between short-stayed (≤ 10 years) and long-stayed (>10 years) US immigrant adults to parse the possible consequences of the Affordable Care Act among immigrants by length of stay and documentation status. Foreign-born adults (18-64 years of age) from the 2009 California Health Interview Survey are the study population. Health insurance coverage predictors and the main reasons for being uninsured are compared across cohorts and by documentation status. A logistic-regression two-part multivariate model is used to adjust for confounding factors. The analyses determine that legal status is a strong health insurance predictor, particularly among long-stayed undocumented immigrants. Immigration status is the main reported reason for lacking health insurance. Although long-stayed documented immigrants are likely to benefit from the Affordable Care Act implementation, undocumented immigrants and short-stayed documented immigrants may encounter difficulties getting health insurance coverage. Copyright © 2013 John Wiley & Sons, Ltd.

  13. Legal Immigration and Adjustment of Status Report Fiscal Year 2017, Quarter 3

    Data.gov (United States)

    Department of Homeland Security — A quarterly report that details the number of adjustments of immigration status that occurred during the reporting period, disaggregated by type of adjustment, type...

  14. Dilemmas in the Legal Treatment of the Status of People Living with Disabilities

    Directory of Open Access Journals (Sweden)

    Laki Ildikó

    2015-03-01

    Full Text Available The legal treatment of disability affairs carries in itself an inherent contradiction due to the nature of modern society and free-market economy. On the one hand both the historically developed notions of essentialism and on the other the particular-functional definition of manhood drawing its roots from the established democratic order and market economics are present simultaneously. However, within the current order of things there is an unbridgeable divide between them. Nevertheless, with the progression of time there is a slow gradual shift discernible away from the functional definition with the parallel strengthening of the essentialist approach. This shift is further exaggerated by the more widespread acceptance of the rights of self-determination and the provision of opportunities for the disabled, the emergence of social self-determination in case of a population subgroup living under special conditions. For the proper interpretation of the currents in the evolution of legal treatment of disabled people it would be indispensable to institute a proper social-discourse analysis, which, however, exceeds in scope its narrowly defined task.

  15. Immigration, work and health in Spain: the influence of legal status and employment contract on reported health indicators.

    Science.gov (United States)

    Sousa, Emily; Agudelo-Suárez, Andrés; Benavides, Fernando G; Schenker, Marc; García, Ana M; Benach, Joan; Delclos, Carlos; López-Jacob, María José; Ruiz-Frutos, Carlos; Ronda-Pérez, Elena; Porthé, Victoria

    2010-10-01

    To analyze the relationship of legal status and employment conditions with health indicators in foreign-born and Spanish-born workers in Spain. Cross-sectional study of 1,849 foreign-born and 509 Spanish-born workers (2008-2009, ITSAL Project). Considered employment conditions: permanent, temporary and no contract (foreign-born and Spanish-born); considered legal statuses: documented and undocumented (foreign-born). Joint relationships with self-rated health (SRH) and mental health (MH) were analyzed via logistical regression. When compared with male permanently contracted Spanish-born workers, worse health is seen in undocumented foreign-born, time in Spain ≤3 years (SRH aOR 2.68, 95% CI 1.09-6.56; MH aOR 2.26, 95% CI 1.15-4.42); in Spanish-born, temporary contracts (SRH aOR 2.40, 95% CI 1.04-5.53); and in foreign-born, temporary contracts, time in Spain >3 years (MH: aOR 1.96, 95% CI 1.13-3.38). In females, highest self-rated health risks are in foreign-born, temporary contracts (aOR 2.36, 95% CI 1.13-4.91) and without contracts, time in Spain >3 years (aOR 4.63, 95% CI 1.95-10.97). Contract type is a health determinant in both foreign-born and Spanish-born workers. This study offers an uncommon exploration of undocumented migration and raises methodological issues to consider in future research.

  16. Enhancing and diluting the legal status of subsidiary protection beneficiaries under Union law

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2016-01-01

    Is it in accordance with the Qualification Directive (QD) to restrict the freedom of movement within the host country of beneficiaries of subsidiary protection (a form of protection parallel to refugee status) in receipt of social security benefits? This question was addressed by the CJEU in its...... and the substantive content of subsidiary protection while it, on the other hand, creates uncertainty about the applicable non-discrimination standard in such cases...

  17. University Court As An Element Of The University’s Legal Status In The Russian Empire

    Directory of Open Access Journals (Sweden)

    Tatyana I. Eremina

    2014-12-01

    Full Text Available It the present article legal bases of university courts, which worked in the pre-revolutionary Russian universities since 1757 is researched. In the article, in the chronological order main decrees and statutes regulating activities of the university courts are analyzed. Particular attention is paid to the university statute of the year 1804 and 1863, as well as projects and decrees that resulted after the First Russian Revolution of 1905-1907. Peculiarities of the university courts work in the universities that had their own charters: Dorpat (Yuriev, Kharkov are researched. In the article Rules on the procedures of university courts, which ware developed in each university, approved by the trustee of the study district and which differed in some provisions, in particular, on the list of punishments and penalties for students in case of breaking rules are analyzed. It is shown that university teachers and students during existence of university courts did not extend to general civil jurisdiction. Existence of university courts is considered in the article as one of the conditions for existence of university autonomy. In conclusion, author notes that activities of university disciplinary courts were viewed from the standpoint of the general proceedings. But such approach leads to the fact that existence of a "backup" judicial authority in the university becomes impractical. The confirmation is the absence of provisions on the university court in the projects of university regulations, developed in the early XX century.

  18. Hospitalizations for Accidents and Injuries in the U.S. Navy. I. Duty Station Assignment and Duty Status

    Science.gov (United States)

    1985-01-01

    unspecified. . ŗ %.. . . . . . . . . .. . . . Population data, for all male enlisted Navy personnel and for majur duty stations, were compiled from data files...01 aAll male enlisted personnel b nldsonly ship’s company personnel includes only personnel assigned to actual landing forces •’ •,d Significantly...N.S. 102 0.96 2.5. Construction Battalion 28 0.85 N.S. 111 1.05 M.S. Nuclear Cruiser 22 0.67 N.S. 97 0.92 N.S. Pleet Marinie Force 33 1.00 N.S. 71 0.66d

  19. REDD+ in the Philippines: Legal status and conservation of mangrove forests in the Philippines

    Directory of Open Access Journals (Sweden)

    Gloria Estenzo Ramos

    2013-07-01

    Full Text Available Mangroves perform a crucial role in maintaining the ecological integrity of the coastal ecosystem. They  act as filters in the coastal zone, preventing the damaging effects of upland sediments on seagrass beds and coral reefs, minimise the effects of storm surges and act as carbon sinks that mitigate climate change. These essential services, however, are degraded through indiscriminate cutting, conversion of mangrove swamps to fishponds, reclamation projects and other coastal developments and pollution. Experts reveal that the Indo-Malay Philippine Archipelago has one of the highest rates of mangroves loss. From an estimated 500,000 hectares of mangrove cover in 1918, only 120,000 hectares of mangroves remain in the Philippines today. The country has had the legal and policy framework to protect and conserve mangroves. But weak implementation of laws, overlapping functions among agencies and, in general, poor management by the people and local governments have hindered the sustainable management of mangrove forests. Positive developments, however, are taking place with the promulgation of laws on climate change and executive orders which specifically include mangrove and protected areas under the National Greening Program (NGP and addresses equity, food security and poverty issues by giving preference to NGP beneficiary communities as a priority in the Conditional Cash Transfer (CCT Program.  Moreover, participatory Planning and Multi-stakeholder Approaches are among the strategies contemplated by the Philippine National REDD + Strategy. The article examines the implementation and effects of the Philippine National REDD+ Strategy, the National Climate Change Action Plan which specifically integrates REDD+ and ecosystem valuation into decision-making, and the executive orders which support the mainstreaming of the National Greening Program.

  20. Experiencing 'pathologized presence and normalized absence'; understanding health related experiences and access to health care among Iraqi and Somali asylum seekers, refugees and persons without legal status.

    Science.gov (United States)

    Fang, Mei Lan; Sixsmith, Judith; Lawthom, Rebecca; Mountian, Ilana; Shahrin, Afifa

    2015-09-19

    Asylum seekers, refugees and persons without legal status have been reported to experience a range of difficulties when accessing public services and supports in the UK. While research has identified health care barriers to equitable access such as language difficulties, it has not considered the broader social contexts of marginalization experienced through the dynamics of 'othering'. The current study explores health and health care experiences of Somali and Iraqi asylum seekers, refugees and persons without legal status, highlighting 'minoritization' processes and the 'pathologization' of difference as analytical lenses to understand the multiple layers of oppression that contribute to health inequities. For the study, qualitative methods were used to document the lived experiences of asylum seekers, refugees and persons without legal status. Thirty-five in-depth interviews and five focus groups were used to explore personal accounts, reveal shared understandings and enable social, cognitive and emotional understandings of on-going health problems and challenges when seeking treatment and care. A participatory framework was undertaken which inspired collaborative workings with local organizations that worked directly with asylum seekers, refugees and persons without legal status. The analysis revealed four key themes: 1) pre-departure histories and post-arrival challenges; 2) legal status; 3) health knowledges and procedural barriers as well as 4) language and cultural competence. Confidentiality, trust, wait times and short doctor-patient consultations were emphasized as being insufficient for culturally specific communications and often translating into inadequate treatment and care. Barriers to accessing health care was associated with social disadvantage and restrictions of the broader welfare system suggesting that a re-evaluation of the asylum seeking process is required to improve the situation. Macro- and micro-level intersections of accustomed societal

  1. [THE LEGAL STATUS OF ELEMENTS AND PRODUCTS OF THE HUMAN BODY: OBJECT OR SUBJECT OF LAW?].

    Science.gov (United States)

    De Lameigné, Anaïs Gayte-Papon

    2015-07-01

    The 2004 Act on bioethics has amended the 1994 Act regarding the donation and the use of elements and products of the human body, medically assisted procreation and prenatal diagnosis. The very purpose of these laws led the legislature not to attempt the summa divisio order distinguishing the object to the person. The analysis of bioethical laws reveals the consecration of the non-commercialization of the human body at the expense of its unavailability. Bioethical laws appear to be catalysts of biological scientific advances releasing the status of the components and the products of the human body while framing it. By limiting scientific opportunities, they prevent human beings from trying to play the sorcerer's apprentice.

  2. Immigrants from the Crimea in Russia: Employment and Legal Status »

    Directory of Open Access Journals (Sweden)

    Andrey Belyakov

    2016-01-01

    Full Text Available The author is attempting to summarize all available information on the Crimean immigrants in the Russian state of the 15th–17th centuries. The article examines immigration processes of the Chinggisids: both the Gerays as well as other branches’ representatives, tribal noblemen and the “ordinary” Tatars. The author offers the following periodization of migration: 1 the last quarter of the 15th century – the 1530s; 2 the 1580s – early 17th century; 3 period after the completion of the Time of Troubles. According to the conclusions of the author, compared with migrants from other areas immigrants from the Crimean Khanate more easily integrated into the serving class of the local population and successfully maintained and expanded their “privileges”. At the same time, taking into account the specific nature of available sources, our knowledge is limited almost exclusively on the upper strata of the Crimean immigrants. Surviving documents contain very fragmentary information on immigrants who had inferior status in the social hierarchy compared to the Chinggisids or representatives of the clan aristocracy.

  3. LEGAL STATUS OF INDIVIDUAL BANKRUPT DEBTORS AFTER TERMINATION OF BANKRUPTCY AND REHABILITATION UNDER INDONESIAN BANKRUPTCY LAW

    Directory of Open Access Journals (Sweden)

    Sonyendah Retnaningsih

    2017-04-01

    Full Text Available The Indonesian bankruptcy law system adheres to the debt collective principle which is general seizure (sita umum of the debtor’s property as guarantee for the payment of debt through the bankruptcy institution. The principle of debt collective stresses that the debtor’s debt shall be paid immediately from the property owned by the debtor. Based on such principle, bankruptcy serves as a means of coercion to materialize the creditors’ rights through liquidation of the debtor’s assets. Bankruptcy law in Indonesia does not recognize the principle of debt forgiveness, among others, the implementation of debt relief granted to the debtor to pay off debts that are truly incapable of being fulfilled. According to the Bankruptcy Law, after the completion of the bankruptcy process, the debtor is no longer in a state of bankruptcy, because the end of bankruptcy has revoked the status of insolvent debtors, hence debtors are considered as being competent to take care of their property. However, the termination of bankruptcy does not necessarily absolve the debtor from the remainder of the debt; creditors are entitled to collect it and debtors are obligated to pay it off. Upon the completion of the bankruptcy process, debtors or their heirs may apply for rehabilitation. However, rehabilitation is only to be granted if all creditors state that they have obtained payment in a satisfactory manner, meaning that recognized creditors will not file claims against the debtor concerned again even though they may not have received payment on all of their outstanding receivables. Request for rehabilitation can only be granted if the debtor has completed the entire scheme of bankruptcy and creditors were satisfied with the payment.

  4. The Assignment of American Society of Anesthesiologists Physical Status Classification for Adult Polytrauma Patients: Results From a Survey and Future Considerations.

    Science.gov (United States)

    Kuza, Catherine M; Hatzakis, George; Nahmias, Jeffry T

    2017-12-01

    The American Society of Anesthesiologists (ASA) physical status (PS) classification system assesses the preoperative health of patients. Previous studies demonstrated poor interrater reliability and variable ASA PS scores, especially in trauma scenarios. There are few studies that evaluated the assignment of ASA PS scores in trauma patients and no studies that evaluated ASA PS assignment in severely injured adult polytrauma patients. Our objective was to assess interrater reliability and identify sources of discrepancy among anesthesiologists and trauma surgeons in designating ASA PS scores to adult polytrauma patients. A link to an online survey containing questions assessing attitudes regarding ASA PS classification, demographic information, and 8 fictional trauma cases was e-mailed to anesthesiologists and trauma surgeons. The participants were asked to assign an ASA PS score to each scenario and explain their choice. Rater-versus-reference and interrater reliability, beyond that expected by chance, among respondents was analyzed using the Fleiss kappa analysis. A total of 349 participants completed the survey. All 8 cases had inconsistent ASA PS scores; several cases had scores ranging from I to VI and variable emergency (E) designations. Using weighted kappa (Kw) analysis for a subset of 201 respondents (101 trauma surgeons [S] and 100 anesthesiologists [A]), we found moderate (Kw = 0.63; SE = 0.024; 95% confidence interval, 0.594-0.666; P polytrauma patients. Although the ASA PS is used in some trauma risk stratification models, discrepancies of ASA PS scores assigned to trauma cases exist. Future modifications of the ASA PS guidelines should aim to improve the interrater reliability of ASA PS scores in trauma patients. Further studies are warranted to determine the value of the ASA PS score as a trauma prognostic metric.

  5. Parental immigration status is associated with children's health care utilization: findings from the 2003 new immigrant survey of US legal permanent residents.

    Science.gov (United States)

    Yun, Katherine; Fuentes-Afflick, Elena; Curry, Leslie A; Krumholz, Harlan M; Desai, Mayur M

    2013-12-01

    Our objective was to examine the association between parental immigration status and child health and health care utilization. Using data from a national sample of immigrant adults who had recently become legal permanent residents (LPR), children (n = 2,170) were categorized according to their parents' immigration status prior to LPR: legalized, mixed-status, refugee, temporary resident, or undocumented. Logistic regression with generalized estimating equations was used to compare child health and health care utilization by parental immigration status over the prior 12 months. Nearly all children in the sample were reported to be in good to excellent health. Children whose parents had been undocumented were least likely to have had an illness that was reported to have required medical attention (5.4 %). Children whose parents had been either undocumented or temporary residents were most likely to have a delayed preventive annual exam (18.2 and 18.7 %, respectively). Delayed dental care was most common among children whose parents had come to the US as refugees (29.1 %). Differences in the preventive annual exam remained significant after adjusting for socioeconomic characteristics. Parental immigration status before LPR was not associated with large differences in reported child health status. Parental immigration status before LPR was associated with the use of preventive annual exams and dental services. However, no group of children was consistently disadvantaged with respect to all measures.

  6. LEGAL STATUS OF WARSHIP WRECKS FROM WORLD WAR II IN INDONESIAN TERRITORIAL WATERS (INCIDENT OF H.M.A.S. PERTH COMMERCIAL SALVAGING

    Directory of Open Access Journals (Sweden)

    Senada Meskin

    2015-12-01

    Full Text Available Second World War was one of the most devastating experiences that World as a whole had to endure. The war left so many issues unhandled, one such issue is the theme of this thesis, and that is to analyze legal regime that is governing sunken warships. Status of warship still in service is protected by international law and national law of flag State, stipulating that warships are entitled on sovereign immunity. The question rises whether or not such sovereign immunity status follows warship wreck? Contemporary international law regulates very little considering ‘sovereign wrecks’, but customary international law, municipal court decisions and State practices are addressing issue quite profoundly, stating that even the warship is no longer in service it is still entitled on sovereign immunity status. HMAS Perth is Australian owned warship whose wreck current location is within Indonesian Territorial Sea. Recent reports show that commercial salvaging has been done, provoking outrage amongst surviving HMAS Perth’s naval personnel and Australian historians. In order to acquire clear stand point on issue of Sovereign Wrecks legal status, especially of HMAS Perth’s wreck, an in-depth analysis of legal material is necessary. Keywords: Territorial Waters, Warship, Warship Wreck, Salvage

  7. The Issue Animal in the Perspective of the Federal Supreme Court and the "Regulatory Aspects Of Legal Status

    Directory of Open Access Journals (Sweden)

    Mery Chalfun

    2016-12-01

    Full Text Available The present work aims to analyze the legal nature of nonhuman animals in the doctrine of Animal Law, legal order and position of the Federal Supreme Court based on judgments that deal with conflict between cultural manifestation and cruelty to animals. Brazilian legislation calls for a multiplicity of positions on the legal nature of animals, which may influence positively or negatively the treatment accorded to them. It can be seen that in the STF the predominance of two understandings: anthropocentric, equivalent to good, while of another biocentric, moral consideration as to the animals and possibility of change of the legal nature.

  8. Comparative study of the legal status of NGOs in Iran and France: from the establishment to work

    Directory of Open Access Journals (Sweden)

    Mohammad Hossein Ramazani Ghavamabadi

    2015-12-01

    Full Text Available THE NGOs one of the most important -state actors. For this to compile useful organizations the state regulations regarding established and codified their activity. This study sought to explain the issue and established barter their activities in two Iranian legal system and France. In Iranian legal system regulations in the founded and barter their activity there is in comparison with France legal system a bit tough. supervision previous in establishment time and supervision next previous after the foundation and all activities are subjects in this study compared to that between the two legal system under study. One of the most prominent works of the identified legal personality for this organization are the case. The new penal trial Iran inspired by the French Penal procedure law a step forward in support of the presence of the barter their punishment in the process. What is important is the codification of legal about cathedral establishment of this organization are derived from the experience of the other legal system legal system including the French so that through this the presence and activities of these organizations in the fields of different facilitation.

  9. LEVELS OF STATE REGULATION OF THE LEGAL STATUS OF THE DISPLACED PERSONS IN THE GOLD MINING INDUSTRY OF THE USSR (1930-1950

    Directory of Open Access Journals (Sweden)

    Kochegarova Elena Danilovna

    2013-04-01

    Full Text Available Repressive policy of the Soviet state remains one of the actual problems of Russian historical science. The peculiarities of the legal status of displaced persons, their contribution to the socio-economic development of certain regions, the use of labor by industry and government agencies deserve more attention. Purpose The purpose of this work is the analysis of public policy at different levels and reconstruction of the mechanism of development, adoption and implementation of government decisions in the employment of special group in the gold mining industry. Methodology The dialectical approach is a methodological basis of the research and was implemented through the principles of historicism, scientism, objectivity. Results General thrust of the state policy is determined by the directive of the central, regional and local authorities have particularized or duplicated relevant legal documents at higher levels. Dynamics of changes in the legal status of the displaced persons determined mutually exclusive trends: 1 the weakening or removal of restrictions, 2 toughening control. Priority in decisions belonged Party committees at all levels of management, while the real power had repressive authorities. The practical implementation of government decisions at the local level distorted and was adjusted based on personal or group interests. Practical implications The results can be used for further scientific development of the problem of forced migration.

  10. HISTORICAL-PHILOSOPHICAL-LEGAL RESEARCH OF THE PHENOMENON OF THE GENDER AS THE FACTOR OF THE SOCIAL STATUS OF THE UKRAINIAN WOMAN

    Directory of Open Access Journals (Sweden)

    H. F. Moskalyk

    2017-12-01

    Full Text Available Topicality. Under the conditions of Ukraine’s integration into the European community, there is an urgent need to restructure all social institutions, freeing them from all forms of discrimination, including on the basis of gender. Modern problems of the state's socioeconomic development require a new look at the functional roles of men and women, as well as the understanding that the political, economic, cultural future of society depends on overcoming gender stereotypes that are deeply rooted in the social and individual consciousness and inhibit social progress, and also the development of democracy. That is why, today, it is extremely important to study the issue of social influence and the role of women and determine their social status against the backdrop of the historical development of our state. Purpose. The article studies the emergence and adoption of the phenomenon of gender as a factor of the social status of the Ukrainian woman in the historical, philosophical and legal realm. Methodology. In the research process the authors used the methods of analyzing and synthesizing historical sources to study the content and main provisions of philosophical concepts and legal norms that formed the social status of a Ukrainian woman at different historical periods of society development, with their subsequent comparison and generalization. Originality. The work further develops the theory of gender processes with the use of interdisciplinary approaches to the study of the phenomenon of gender in the historical, philosophical and legal field as a factor of the social status of the Ukrainian woman, to critically re-evaluate the value guidelines on the construction of modern society and the formation of new ideas about the role and model of behavior of men and women and their interaction in society. Conclusions. For a long time, the social status of women was formed under the influence of philosophical views and concepts, slowly turned into

  11. 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.

  12. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    OpenAIRE

    Lavinia ONICA CHIPEA

    2014-01-01

    The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying th...

  13. Legal status and source of offenders' firearms in states with the least stringent criteria for gun ownership.

    Science.gov (United States)

    Vittes, Katherine A; Vernick, Jon S; Webster, Daniel W

    2013-02-01

    Gun possession by high-risk individuals presents a serious threat to public safety. U.S. federal law establishes minimum criteria for legal purchase and possession of firearms; many states have laws disqualifying additional categories for illegal possession. We used data from a national survey of state prison inmates to calculate: 1) the proportion of offenders, incarcerated for crimes committed with firearms in 13 states with the least restrictive firearm purchase and possession laws, who would have been prohibited if their states had stricter gun laws; and 2) the source of gun acquisition for offenders who were and were not legally permitted to purchase and possess firearms. Nearly three of ten gun offenders (73 of 253 or 28.9%) were legal gun possessors but would have been prohibited from purchasing or possessing firearms when committing their most recent offense if their states had stricter prohibitions. Offenders who were already prohibited under current law acquired their gun from a licensed dealer, where a background check is required, five times less often than offenders who were not prohibited (3.9% vs. 19.9%; χ(2)=13.31; p≤0.001). Nearly all (96.1%) offenders who were legally prohibited, acquired their gun from a supplier not required to conduct a background check. Stricter gun ownership laws would have made firearm possession illegal for many state prison inmates who used a gun to commit a crime. Requiring all gun sales to be subject to a background check would make it more difficult for these offenders to obtain guns.

  14. HIV Testing and Cross Border Migrant Vulnerability: Social Integration and Legal/Economic Status Among Cross Border Migrant Workers in Thailand.

    Science.gov (United States)

    Ford, Kathleen; Holumyong, Charamporn

    2016-04-01

    The objective of this paper was to identify factors related to the use of HIV testing among cross border migrants in Thailand. Two measures of vulnerability (social integration and legal/economic status) as well as HIV knowledge, risk behaviour, and demographic factors were tested for association with HIV testing. Data were drawn from a survey of 2600 sexually active migrants age 15-59 in multiple provinces of Thailand. The measures of social integration (AOR = 1.14(95 % CI 1.09, 1.20) female; AOR = 1.12 (95 %CI 1.05, 1.19) male) and legal-income status (AOR = 1.12 (95 % CI 1.07, 1.18) female; AOR = 1.31 (95 %CI 1.20, 1.42) male) were positively related to the odds of reporting an HIV test for both male and female migrants. Exposure to AIDS programming including attending an AIDS meeting and possessing AIDS knowledge was also related to an increase in HIV testing. In addition, reproductive health factors including sexual risk behavior and childbirth increased the rate of HIV testing.

  15. The legal status of Afghan refugees in Pakistan, a story of eight agreements and two suppressed premises

    NARCIS (Netherlands)

    Zieck, M.

    2008-01-01

    Over 25 per cent of present day refugees enjoy asylum in Pakistan, most of them having been there for more than a quarter of a century. Pakistan is not, however, a party to either the 1951 Convention relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. The

  16. Legal capacity as a universal human right and a determinant of social status of people with mental disability

    Directory of Open Access Journals (Sweden)

    Marković Milan M.

    2012-01-01

    Full Text Available Adoption of the UN Convention on the Right of Persons with Disabilities (2006 brought about a core shift to how the international community and human rights law see and treat human disability in general. This paradigm shift materilizes itself in a number of provisions ranging from those which catalogue the proclaimed human rights as they are in the context of special implementation and protection of people with disabilities, to those that introduce a level of specificity in light of their holders' particular needs. But the strongest presence of the shift to this regard can be found in the Article 12 CRPD that sheds new light on the concept of (legal capacity of people with (mental disabilites. According to this norm and put quite simply - there should be no difference in observing and treating capacity of a person with disabilities to that of any other person. This is not only the matter of prohibiting discrimination on grounds of mental impairments, but furthermore preventing the system from establishing a classification in which a person with psychosocial or intellectual impairment would be a second-rate citizen, an object of law or a victim of legal, social and family abuse, someone who is a burden to his entire environment, someone who does not have a say in any case concerning his own life and wellbeing. Legal capacity should not be a goal to be fighting for, but a universal human right. Of course and unfortunatelly, such a shift is purely a formal one, when not causing due reform within the national systems and without proper implementation in the member states. What is thought urgently needed and directly required by the given provision is removing the system features that allow deprivation of legal capacity on the bases of mental impairments and introducing a humane and human rights oriented model in which the decision making of these people would be autonomous and supported, and with only very restricted exceptions, done by them and not

  17. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    Directory of Open Access Journals (Sweden)

    Lavinia ONICA CHIPEA

    2014-03-01

    Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.

  18. Status of National Nuclear Infrastructure Development (NG-T-3.2). Basis for Evaluation - Legal, safety, security, safeguards issues

    International Nuclear Information System (INIS)

    Yllera, Javier

    2010-01-01

    A framework for achieving high levels of nuclear safety and security worldwide Builds upon: Legal Instruments; Use of IAEA SSs and security guidance; Harmonization of national regulations; Exchange of knowledge, experiences & regulatory practices and Multinational cooperation and safety reviews. The IAEA is the depository of many key international conventions and legal agreements. All countries with operating nuclear power plants are now parties to the Convention. The main objective of Convention on Nuclear Safety is to achieve and maintain a high level of nuclear safety worldwide through the enhancement of national measures and international cooperation including, where appropriate, safety related technical co-operation. All practical efforts must be made to prevent and mitigate nuclear or radiation accidents. The primary means of preventing and mitigating the consequences of accidents is “defence in depth”. Safety assessments are to be carried out and documented by the organization responsible for operating the facility, are to be independently verified and are to be submitted to the regulatory body as part of the licensing or authorization process. Licensing process must be well-defined, clear, transparent and traceable. The public should be given an opportunity to provide their views during certain steps of the licensing process

  19. The dopamine transporter gene, a spectrum of most common risky behaviors, and the legal status of the behaviors.

    Directory of Open Access Journals (Sweden)

    Guang Guo

    2010-02-01

    Full Text Available This study tests the specific hypothesis that the 9R/9R genotype in the VNTR of the dopamine transporter gene (DAT1 exerts a general protective effect against a spectrum of risky behaviors in comparison to the 10R/9R and 10R/10R genotypes, drawing on three-time repeated measures of risky behaviors in adolescence and young adulthood on about 822 non-Hispanic white males from the Add Health study. Our data have established two empirical findings. The first is a protective main effect in the DAT1 gene against risky behaviors. The second finding is that the protective effect varies over age, with the effect prominent at ages when a behavior is illegal and the effect largely vanished at ages when the behavior becomes legal or more socially tolerated. Both the protective main effect and the gene-lifecourse interaction effect are replicated across a spectrum of most common risky behaviors: delinquency, variety of sexual partners, binge drinking, drinking quantity, smoking quantity, smoking frequency, marijuana use, cocaine use, other illegal drug use, and seatbelt non-wearing. We also compared individuals with the protective genotype and individuals without it in terms of age, physical maturity, verbal IQ, GPA, received popularity, sent popularity, church attendance, two biological parents, and parental education. These comparisons indicate that the protective effect of DAT1*9R/9R cannot be explained away by these background characteristics. Our work demonstrates how legal/social contexts can enhance or reduce a genetic effect on risky behaviors.

  20. The legal status of cats in New Zealand: a perspective on the welfare of companion, stray, and feral domestic cats (Felis catus).

    Science.gov (United States)

    Farnworth, Mark J; Dye, Nicholson G; Keown, Natasha

    2010-01-01

    Pinpointing and safeguarding the welfare status of domestic cats is problematic, especially in New Zealand where cats are introduced predators with significant impact on indigenous fauna. Usually the identification of welfare status depends on conservational, legal, and public attitudes that are often contrasting. Cats may rapidly transgress definitions placed on them, confounding attempts to categorize them. In 1 generation, cats can move from a human-dependent state ("stray" or "companion") to wild ("feral"). Often this categorization uses arbitrary behavioral and or situational parameters; consequent treatment and welfare protection for these cats are similarly affected. Terminology used to describe cats is not equitable across research. However, the New Zealand Animal Welfare (Companion Cats) Code of Welfare 2007 seeks to create a new definition of the terms companion, stray, and feral. It distinguishes between cats who live within and without human social constructs. This legislation mandates that cats in human environments or indirectly dependent on humans cannot be classified as feral. Such definitions may prove vital when safeguarding the welfare of free-living domestic cats and cat colonies.

  1. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  2. Guantánamo Bay: A Reflection On The Legal Status And Rights Of ‘Unlawful Enemy Combatants’

    Directory of Open Access Journals (Sweden)

    Terry D. Gill

    2005-07-01

    Full Text Available The United States administration’s policy of detaining ‘unlawful enemy combatants’ at the United States military base in Guantánamo Bay falls short of international and domestic law standards. The problem in the authors’ view is not that the United States has decided to designate those captured on the battlefield in Afghanistan as ‘unlawful combatants’ who (allegedly fall outside the scope of international humanitarian law. International humanitarian law has long recognized the existence of such a category. The problem is rather that international humanitarian law has been sporadically and selectively applied and in many respects has been ignored or violated with respect to the detainees held in Guantánamo and elsewhere within the context of the ‘war on terror’. In its recent judgements in Hamdi v. Rumsfeld, Rumsfeld v. Bush and Rasul v. Bush the United States Supreme Court has not passed an unambiguous and clear judgement on the United States policy towards unlawful enemy combatants. The Court may have rejected the executive’s claim that it has the authority to incarcerate people suspected of terrorist connections without any judicial review, the three decisions have not imposed on the executive a clear framework governing the detention of alleged terrorists. The Court has upheld the government’s power to hold ‘enemy combatants’ according to standards that fall short of the requirements of the Geneva Conventions. Moreover, the due process protection granted to those challenging their status as’ enemy combatant’ is so deferential to the executive that it could render review virtually insignificant.

  3. 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.

  4. 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...

  5. 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'. ...

  6. 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.

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

    International Nuclear Information System (INIS)

    Fiebig, T.H.

    1995-01-01

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

  8. Plagiarism-Proofing Assignments

    Science.gov (United States)

    Johnson, Doug

    2004-01-01

    Mr. Johnson has discovered that the higher the level of student engagement and creativity, the lower the probability of plagiarism. For teachers who would like to see such desirable results, he describes the characteristics of assignments that are most likely to produce them. Two scenarios of types of assignments that avoid plagiarism are…

  9. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  10. Fair Package Assignment

    Science.gov (United States)

    Lahaie, Sébastien; Parkes, David C.

    We consider the problem of fair allocation in the package assignment model, where a set of indivisible items, held by single seller, must be efficiently allocated to agents with quasi-linear utilities. A fair assignment is one that is efficient and envy-free. We consider a model where bidders have superadditive valuations, meaning that items are pure complements. Our central result is that core outcomes are fair and even coalition-fair over this domain, while fair distributions may not even exist for general valuations. Of relevance to auction design, we also establish that the core is equivalent to the set of anonymous-price competitive equilibria, and that superadditive valuations are a maximal domain that guarantees the existence of anonymous-price competitive equilibrium. Our results are analogs of core equivalence results for linear prices in the standard assignment model, and for nonlinear, non-anonymous prices in the package assignment model with general valuations.

  11. My Favorite Assignment.

    Science.gov (United States)

    ABCA Bulletin, 1983

    1983-01-01

    Describes three assignments for enticing business communication students to undertake library research: an analysis of a Fortune 500 company, a career choice report, and a report on an organization that offers potential employment. (AEA)

  12. Historical WBAN ID Assignments

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — 4"x6" index cards represent the first written assignments of Weather Bureau Army Navy (WBAN) station identifier numbers by the National Climatic Data Center....

  13. Dynamic Sequence Assignment.

    Science.gov (United States)

    1983-12-01

    D-136 548 DYNAMIIC SEQUENCE ASSIGNMENT(U) ADVANCED INFORMATION AND 1/2 DECISION SYSTEMS MOUNTAIN YIELW CA C A 0 REILLY ET AL. UNCLSSIIED DEC 83 AI/DS...I ADVANCED INFORMATION & DECISION SYSTEMS Mountain View. CA 94040 84 u ,53 V,..’. Unclassified _____ SCURITY CLASSIFICATION OF THIS PAGE REPORT...reviews some important heuristic algorithms developed for fas- ter solution of the sequence assignment problem. 3.1. DINAMIC MOGRAMUNIG FORMULATION FOR

  14. 77 FR 57576 - Notice of Proposed Information Collection to OMB and Comment Request: Legal Instructions...

    Science.gov (United States)

    2012-09-18

    ... connection with the assignment, legal documents (e.g., mortgage, mortgage note, security agreement, title... Information Collection to OMB and Comment Request: Legal Instructions Concerning Applications for Full... mortgages to HUD. In connection with the assignment, legal documents (e.g., mortgage, mortgage note...

  15. FLEET ASSIGNMENT MODELLING

    Directory of Open Access Journals (Sweden)

    2016-01-01

    Full Text Available The article is devoted to the airline scheduling process and methods of its modeling. This article describes the main stages of airline scheduling process (scheduling, fleet assignment, revenue management, operations, their features and interactions. The main part of scheduling process is fleet assignment. The optimal solution of the fleet assignment problem enables airlines to increase their incomes up to 3 % due to quality improving of connections and execution of the planned number of flights operated by less number of aircraft than usual or planned earlier. Fleet assignment of scheduling process is examined and Conventional Leg-Based Fleet Assignment Model is analyzed. Finally strong and weak aspects of the model (SWOT are released and applied. The article gives a critical analysis of FAM model, with the purpose of identi- fying possible options and constraints of its use (for example, in cases of short-term and long-term planning, changing the schedule or replacing the aircraft, as well as possible ways to improve the model.

  16. Opposition to legal abortion: challenges and questions.

    Science.gov (United States)

    Kissling, F

    1993-01-01

    An analysis of the Roman Catholic Church's arguments against abortion rights suggests that its opposition is grounded more in outmoded views regarding women's roles than in concern for protecting fetal life. The 1st argument raised by Catholics and other anti-abortion forces is that abortion represents the unjustifiable destruction of a human life. A 2nd argument focuses on the status of the fetus as a person from the moment of conception, making abortion murder. A 3rd equates the fetus's potential for personhood with the pregnant woman's actual personhood. Despite the vehement sentiments expressed by Catholic leaders against abortion, the majority of Catholics support legal abortion. The assignment of personhood status to the fetus is contraindicated by actual practice in the Church, where aborted or miscarried products of early pregnancy are not baptized. Also, the Church does not forbid the taking of human life in war or to preserve political freedom. Finally, in countries such as Poland where abortion has been made illegal through religious pressure, there have been drastic cuts in health care and child care programs.

  17. Task assignment and coaching

    NARCIS (Netherlands)

    Dominguez-Martinez, S.

    2009-01-01

    An important task of a manager is to motivate her subordinates. One way in which a manager can give incentives to junior employees is through the assignment of tasks. How a manager allocates tasks in an organization, provides information to the junior employees about his ability. Without coaching

  18. 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)

  19. Personnel dose assignment practices

    International Nuclear Information System (INIS)

    Fix, J.J.

    1993-04-01

    Implementation of DOE N 5480.6 Radiological Control Manual Article 511(3) requirements, to minimize the assignment of personnel dosimeters, should be done only under a broader context ensuring that capabilities are in place to monitor and record personnel exposure both for compliance and for potential litigation. As noted in NCRP Report No. 114, personnel dosimetry programs are conducted to meet four major objectives: radiation safety program control and evaluation; regulatory compliance; epidemiological research; and litigation. A change to Article 511(3) is proposed that would require that minimizing the assignment of personnel dosimeters take place only following full evaluation of overall capabilities (e.g., access control, area dosimetry, etc.) to meet the NCRP objectives

  20. Scaffolding students’ assignments

    DEFF Research Database (Denmark)

    Slot, Marie Falkesgaard

    2013-01-01

    This article discusses scaffolding in typical student assignments in mother tongue learning materials in upper secondary education in Denmark and the United Kingdom. It has been determined that assignments do not have sufficient scaffolding end features to help pupils understand concepts and build...... objects. The article presents the results of empirical research on tasks given in Danish and British learning materials. This work is based on a further development of my PhD thesis: “Learning materials in the subject of Danish” (Slot 2010). The main focus is how cognitive models (and subsidiary explicit...... learning goals) can help students structure their argumentative and communica-tive learning processes, and how various multimodal representations can give more open-ended learning possibilities for collaboration. The article presents a short introduction of the skills for 21st century learning and defines...

  1. Task assignment and coaching

    OpenAIRE

    Dominguez-Martinez, S.

    2009-01-01

    An important task of a manager is to motivate her subordinates. One way in which a manager can give incentives to junior employees is through the assignment of tasks. How a manager allocates tasks in an organization, provides information to the junior employees about his ability. Without coaching from a manager, the junior employee only has information about his past performance. Based on his past performance, a talented junior who has performed a difficult task sometimes decides to leave the...

  2. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

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

  3. [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.

  4. 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....

  5. GENERAL ISSUES CONCERNING THE ASSIGNMENT OF SOCIAL PARTS

    Directory of Open Access Journals (Sweden)

    Stela Mihăilescu

    2012-11-01

    Full Text Available By means of the present study, we try to offer a thorough image and an analysis concerning the assignment mode of social parts within a company having limited liability. The assignment of social parts is free and unrestricted except for the cases provided by article 202, paragraph 2 from Law no. 31/ 1990- the law of commercial companies with further modifications and completions and the ones provided in OUG no. 54/ 2010 concerning some measures for fighting fiscal evasion. By means of the assignment operation a transmission is made up by an assignment of social parts contract towards one or more already associated persons in the company or towards other individual or legal persons who are going to obtain the associate quality. The principle governing any assignment is the one of goods circulation freedom, a freedom restricted only by the public order and imperative judicial norms.

  6. 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

  7. 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

  8. Health Law as a Legal Discipline

    DEFF Research Database (Denmark)

    Madsen, Helle Bødker

    2011-01-01

    The issue of how to dispose of aborted foetuses is a sensitive ethical and legal issue which relates directly to the legal status of the foetus. An illustrative example of this issue’s practical legal relevance is the Danish Council of Ethics’ recommendation of March 3, 2011, in reply...... to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...... general reflections on the legal status of cadaveric foetuses....

  9. Job Assignments under Moral Hazard

    DEFF Research Database (Denmark)

    Koch, Alexander; Nafziger, Julia

    Inefficient job assignments are usually explained with incomplete information about employees' abilities or contractual imperfections. We show that inefficient assignments arise even without uncertainty about the employee's ability and with complete contracts. Building on this result we provide...

  10. Legal briefing: home birth and midwifery.

    Science.gov (United States)

    Pope, Thaddeus Mason; Fisch, Deborah

    2013-01-01

    This issue's "Legal Briefing" column covers recent legal developments involving home birth and midwifery in the United States. Specifically, we focus on new legislative, regulatory, and judicial acts that impact women's' access to direct entry (non-nurse) midwives. We categorize these legal developments into the following 12 categories. 1. Background and History 2. Certified Nurse-Midwives 3. Direct Entry Midwives 4. Prohibition of Direct Entry Midwives 5. Enforcement of Prohibition 6. Challenges to Prohibition 7. Forbearance without License 8. Voluntary Licensure 9. Unclear and Uncertain Status 10. Growth of DEM Licensure 11. Licensure Restrictions 12. Medicaid Coverage

  11. 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 ...

  12. 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

  13. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  14. Position statement. The right to accept or reject an assignment. American Nurses Association.

    Science.gov (United States)

    1996-01-01

    The American Nurses Association (ANA) believes that nurses should reject assignment that puts patients or themselves in serious, immediate jeopardy. ANA supports the nurses obligation to reject an assignment in these situations even where there is not a specific legal protection for rejecting such an assignment. The professional obligations to the nurse to safeguard clients are grounded in the ethical norms of the profession, the Standards of Clinical Nursing Practice and state nurse practice acts.

  15. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  16. 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.

  17. Case Law: - Canada: Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010); - Czech Republic: Supreme Administrative Court on the legal status of CEZ (2010)

    International Nuclear Information System (INIS)

    Anon.

    2010-01-01

    Case law 1: Canada - Criminal Court decision respecting attempted export of nuclear-related dual use items to Iran: Her Majesty the Queen vs Yadegari (2010). This case concerns a recent, successful prosecution that was undertaken before the Ontario Court of Justice relating to violations of export control legislation in Canada, nuclear regulatory legislation, customs law, criminal law, as well as Canadian law implementing UN Security Council resolutions concerning Iran. The convictions that have been registered in this case, notwithstanding the fact that the decision is currently under appeal,2 demonstrate the importance of a functioning export control regime and effective counter-proliferation strategy. The case represents the first conviction for a regulatory offense under the Nuclear Safety and Control Act,3 in force since 2000, and Mr. Yadegari is the first Canadian to be convicted under the United Nations Act, Canada's legislation by which it implements UN resolutions. Case law 2: Czech Republic - Supreme Administrative Court on the legal status of CEZ (2010). The Supreme Administrative Court in its decision of 6 October 20098 ruled on whether CEZ, a.s., which is the operator of nuclear installations at the Temelin and Dukovany sites in the Czech Republic, is governed by the Act on Free Access to Information. The court stated that the rules laid down in the Act on Free Access to Information, also apply to CEZ which is considered as a 'public institution'. The following reasons led the court to this interpretation: first, CEZ was established by decision of the state in the course of the privatisation process. Secondly, the company is effectively controlled by the state, which is still its majority owner and the profits of the company also compose a portion of state budget revenues. Finally, there is a public interest served in the function of the company

  18. The Legal Status of Homemakers in Wisconsin.

    Science.gov (United States)

    Melli, Marygold Shire

    This report focuses on laws in the state of Wisconsin as they relate to homemakers. Four areas are discussed, each in separate sections: marriage, widowhood, divorce, and wife abuse. The section on marriage includes information on property rights, disability and death of homemaker, federal Equal Credit Opportunity Act, domicile, interspousal…

  19. The legal status of in vitro embryos

    Directory of Open Access Journals (Sweden)

    Samardžić Sandra

    2014-01-01

    Full Text Available Our science has advanced greatly and continues to do so. While being witnesses to this phenomenon, we are not yet ready to fully accept all of its results which can lead to the improvements of our biological structure, or our lives, in other words. There is a wide range of objections aimed at preventing any tests on embryos, deeming such actions as immoral, discriminatory or contrary to nature. However, the question is whether we are actually able to prevent such actions, to prevent obtaining further information that can assist in improving human life, i.e. to prevent future parents from providing the best future possible for their children?.

  20. 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.

  1. "Piggybacking" on Business Communication through Interdisciplinarity: Developing Student Communication Skills in Legal Environment of Business Courses

    Science.gov (United States)

    Cooley, Amanda Harmon

    2009-01-01

    The purpose of this article is to describe an assignment for a legal environment of business course that builds upon and reinforces strong business communication practices. The assignment discusses "piggybacking," which is the unauthorized use of another person's wireless Internet connection. In this assignment, the students are required (1) to…

  2. Military Policy toward Homosexuals: Scientific, Historic, and Legal Perspectives

    National Research Council Canada - National Science Library

    Davis, Jeffrey S

    1990-01-01

    This thesis examines military policy toward homosexuals. Scientific, historic, and legal perspectives are reviewed as they relate to current policy and the distinction between homosexual acts and homosexual status...

  3. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

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

  4. Game theory and traffic assignment.

    Science.gov (United States)

    2013-09-01

    Traffic assignment is used to determine the number of users on roadway links in a network. While this problem has : been widely studied in transportation literature, its use of the concept of equilibrium has attracted considerable interest : in the f...

  5. 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.

  6. UOP LDR 300 All Assignments New

    OpenAIRE

    ADMIN

    2018-01-01

    UOP LDR 300 All Assignments New Check this A+ tutorial guideline at http://www.ldr300assignment.com/ldr-300-uop/ldr-300-all-assignments-latest For more classes visit http://www.ldr300assignment.com LDR 300 Week 1 Assignment Leadership Assessment (2 Papers) LDR 300 Week 2 Assignment Leadership Theories Matrix (2 Set) LDR 300 Week 2 Assignment Formulating Leadership Part I (2 Papers) LDR 300 Week 3 Assignment Interaction and Influence Amo...

  7. Atypical real estate objects: legal regime and control system

    Directory of Open Access Journals (Sweden)

    Voskresenskaya Elena

    2017-01-01

    Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.

  8. THE CASE OF GOVERNMENT OF THE REPUBLIC OF ZIMBABWE v LOUIS KAREL FICK: A FIRST STEP TOWARDS DEVELOPING A DOCTRINE ON THE STATUS OF INTERNATIONAL JUDGEMENTS WITHIN THE DOMESTIC LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    Erika de Wet

    2014-04-01

    Full Text Available The Fick case which was decided by the Constitutional Court on 27 June 2013 was the first time since its inception that the Constitutional Court was confronted with the status of a binding international decision within the domestic legal order. It concerned a binding decision by the (now suspended Southern African Development Community (SADC Tribunal against Zimbabwe, which was also enforceable in South Africa. A key issue before the Court was whether or not the South African statutory rules of civil procedure for the enforcement of foreign judgments also covered judgments of international courts and tribunals (as anticipated by Article 32(1 of the Protocol on the SADC Tribunal. As none of the relevant statutory legislation was applicable in this instance, the common law remained the only possible avenue through which the SADC Tribunal’s decision could be enforced in South Africa. At the time of the decision, the common law on the enforcement of civil judgments had developed only to a point where it provided for the execution of judgments made by domestic courts of a foreign state (ie decisions of other national courts. The Court was therefore confronted with whether or not an international decision in the form of a cost order of the SADC Tribunal amounted to a “foreign judgment” as recognized by the South African common law. The Court answered this question in the affirmative by relying on those clauses in the Constitution that committed South Africa to the rule of law, as well as its obligations under international law, and to an international-law friendly interpretation of domestic law. Although the decision is to be welcomed and applied the law correctly to the facts of the case, it does raise the issue of the wisdom of equating international judgments with foreign judgments on a more general scale. This relates to the fact that it is generally accepted in most jurisdictions that the recognition and enforcement of a

  9. 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.

  10. Effective Homework Assignments. Research Brief

    Science.gov (United States)

    Cooper, Harris

    2008-01-01

    Perhaps more than any question other than "How much time should students spend doing homework?" parents and educators want to know, "What kinds of homework assignments are most effective?" Clearly, the answers to this question vary according to many factors, especially the developmental level of students and the topic area. Generally, answers are…

  11. Assigning agents to a line

    DEFF Research Database (Denmark)

    Hougaard, Jens Leth; Moreno-Ternero, Juan D.; Østerdal, Lars Peter Raahave

    2014-01-01

    minimizing modification of the classic random priority method to solve this class of problems. We also provide some logical relations in our setting among standard axioms in the literature on assignment problems, and explore the robustness of our results to several extensions of our setting....

  12. 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

  13. 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.

  14. The Legal Structure of Taiwan’s Wetland Conservation Act

    Directory of Open Access Journals (Sweden)

    Yi-Yuan Su

    2014-12-01

    Full Text Available In July of 2013, Taiwan passed its Wetland Conservation Act and will begin the implementation of the Act on 2 February 2015. With this Act, Taiwan has become the second Asian country to have specific legislation on wetland conservation and protection. This new law enables the society to achieve sustainable utilization on wetland ecological services. The core concepts of the Wetland Conversation Act include biological diversity conservation and wise use of wetland resources. Special political circumstances prevent Taiwan from registering its wetlands as a conservation priority under the Ramsar Convention. This new law allows the government to evaluate and assign a specific area as a “Wetland of Importance.” Under this status, any development activities within the designated area shall be prohibited unless the developer prepares a usage plan for review. The usage plan and the original usage of the natural resources within the wetland area shall also follow the “wise use” principle to protect the wetland and biological service system. However, this new law does not provide clear separation between the two different “wise use” standards. If the development is deemed necessary, new law provides compensation mitigation measures to extend the surface of the wetland and provides additional habitats for various species. Wetland conservation and management rely heavily on systematic research and fundamental data regarding Taiwan’s wetlands. Determining how to adopt these scientific methodologies and transfer them into enforceable mechanisms is a sizeable challenge for both biologists and lawyers as the Wetland Conservation Act creates many legal norms without clarifying definitions. This article will review the current wetland regulations from the legal perspective and provide suggestions for enforcement in the future.

  15. More Districts Factoring Poverty into Student-Assignment Plans

    Science.gov (United States)

    Zehr, Mary Ann

    2010-01-01

    A growing number of school districts are trying to break up concentrations of poverty on their campuses by taking students' family income into consideration in school assignments. Some of the districts replaced race with socioeconomic status as a determining indicator after the U.S. Supreme Court ruled in 2007 that using race as the primary factor…

  16. 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)

  17. 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.

  18. Documentation Status as a Contextual Determinant of HIV Risk Among Young Transgender Latinas.

    Science.gov (United States)

    Palazzolo, Sarah L; Yamanis, Thespina J; De Jesus, Maria; Maguire-Marshall, Molly; Barker, Suyanna L

    2016-04-01

    The purpose of this study was to explore the contextual factors that determine or mitigate vulnerability to HIV among Latina transgender women. Documentation status (legal authorization to live in the United States) has been cited by other studies as a barrier to recruitment or engagement in HIV-related care among immigrant Latinos, but not explored as a determinant of HIV risk for transgender immigrant Latinas. We collaborated with a community-based organization to explore these contextual, including social and structural, factors. In-depth interviews in Spanish captured life histories of eight 18- to 29-year-old transgender Latinas, who collectively self-identify as chicas trans. Codes were assigned deductively from the interview guide, and emerging themes were identified throughout data collection. Most participants migrated to the United States from Central America after experiencing discrimination and violence in their countries of origin. Participants emphasized documentation status as a critical factor in three areas related to social and structural determinants of HIV risk: gender identity expression, access to services, and relationship power dynamics. Chicas trans who gained legal asylum reported greater control over sexual relationships, improved access to services, and less risky employment. Documentation status emerged as a key HIV risk factor for this population. For undocumented transgender Latinas, legal asylum appears to be a promising HIV-related protective factor. Further research could assess whether legal assistance combined with wraparound support services affects HIV prevention for this population.

  19. 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.

  20. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  1. A Statistical Programme Assignment Model

    DEFF Research Database (Denmark)

    Rosholm, Michael; Staghøj, Jonas; Svarer, Michael

    When treatment effects of active labour market programmes are heterogeneous in an observable way  across the population, the allocation of the unemployed into different programmes becomes a particularly  important issue. In this paper, we present a statistical model designed to improve the present...... duration of unemployment spells may result if a statistical programme assignment model is introduced. We discuss several issues regarding the  plementation of such a system, especially the interplay between the statistical model and  case workers....

  2. 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...

  3. 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.

  4. 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)

  5. 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

  6. 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

  7. A note on ranking assignments using reoptimization

    DEFF Research Database (Denmark)

    Pedersen, Christian Roed; Nielsen, L.R.; Andersen, K.A.

    2005-01-01

    We consider the problem of ranking assignments according to cost in the classical linear assignment problem. An algorithm partitioning the set of possible assignments, as suggested by Murty, is presented where, for each partition, the optimal assignment is calculated using a new reoptimization...

  8. An algorithm for ranking assignments using reoptimization

    DEFF Research Database (Denmark)

    Pedersen, Christian Roed; Nielsen, Lars Relund; Andersen, Kim Allan

    2008-01-01

    We consider the problem of ranking assignments according to cost in the classical linear assignment problem. An algorithm partitioning the set of possible assignments, as suggested by Murty, is presented where, for each partition, the optimal assignment is calculated using a new reoptimization...... technique. Computational results for the new algorithm are presented...

  9. Legal knowledge, needs, and assistance seeking among HIV positive and negative women in Umlazi, South Africa.

    Science.gov (United States)

    Hill, Lauren M; Maman, Suzanne; Holness, David; Moodley, Dhayendre

    2016-01-22

    The rights of women and people living with HIV (PLHIV) are protected under South African law, yet there is a gap in the application of these laws. While there are numerous systemic and social barriers to women's and PLHIV's exercise of their legal rights and rights to access social services, there has been little effort to document these barriers as well as legal needs and knowledge in this context. 1480 HIV-positive and HIV-negative women recruited from an antenatal clinic in Umlazi Township completed a questionnaire on legal knowledge, experience of legal issues, assistance seeking for legal issues, and barriers to seeking assistance. We compared the legal knowledge and experience of legal issues of HIV-positive and HIV-negative women, and described assistance seeking and barriers to assistance seeking among all women. Both HIV-positive and HIV-negative women had high levels of knowledge of their legal rights. There were few important differences in legal knowledge and experience of legal issues by HIV status. The most common legal issues women experienced were difficulty obtaining employment (11 %) and identification documents (7 %). A minority of women who had ever experienced a legal issue had sought assistance for this issue (38 %), and half (50 %) of assistance sought was from informal sources such as family and friends. Women cited lack of time and government bureaucracy as the major barriers to seeking assistance. These results indicate few differences in legal knowledge and needs between HIV-positive and HIV-negative women in this context, but rather legal needs common among women of reproductive age. Legal knowledge may be a less important barrier to seeking assistance for legal issues than time, convenience, and cost. Expanding the power of customary courts to address routine legal issues, encouragement of pro bono legal assistance, and introduction of legal navigators could help to address these barriers.

  10. Some considerations on the legal qualification of the contracting authority

    Directory of Open Access Journals (Sweden)

    Ioana Panagoreț

    2016-12-01

    Full Text Available The present study makes an analysis of the concept of contracting authority in the context in which the legal definition of this concept leads, in several specific cases, to doubts and the impossibility of correct application of the law when one puts into discussion the local authorities and some legal persons of public law who have a well-defined legal status. Both situations create real difficulties in practice by the correct application of public procurement law so that it may challenge these parts of such public contracts even if they are of good faith and desire the fair enforcement of law.

  11. Sex assignment of lake sturgeon (Acipenser fluvescens) based on plasma sex hormone and vitellogenin levels

    Science.gov (United States)

    Craig, J.M.; Papoulias, D.M.; Thomas, M.V.; Annis, M.L.; Boase, J.

    2009-01-01

    This study focused on identifying the sex of lake sturgeon by measuring the sex hormones estradiol and testosterone, and the phosphoprotein vitellogenin (Vtg) in blood plasma by radioimmunoassay and enzyme-linked immunosorbent assay, respectively, and evaluating these techniques as tools in lake sturgeon population management. Surveys of the St Clair River (SCR) lake sturgeon population have characterized it as rebounding by having steady or increasing recruitment since 1997. However, researchers have not been able to effectively determine the sex for most of the sturgeon they capture because few fish caught during surveys are releasing gametes. A total of 115 fish were sampled from May through June in 2004 and 2005 from the SCR, Michigan, USA. Of these, only four females and eight males were verified (i.e. they were releasing gametes at time of capture), resulting in very few fish with which to validate blood hormone and Vtg biomarkers of sex. Fifty-six percent of the fish were assigned a sex designation based on biomarker criteria. Correspondence between actual gonadal sex and biomarker-directed classification was good for the small subset of fish for which gonadal sex was definitively determined. Moreover, application of the steroid values in a predictive sex assignment model developed for white sturgeon misclassified only the same two fish that were misclassified with the steroid and Vtg biomarkers. The experimental results suggest a sex ratio of 1 : 2.7 (F:M), however more conclusive methods are needed to confirm this ratio because so few fish were available for sex validation. Of the 43 males, 14 were within the legal slot limit, 11 were smaller than 1067 mm total length (TL), and 18 were larger than 1270 mm TL. All 15 females were larger than 1270 mm TL, and thus protected by the slot limit criteria. Considering that lake sturgeon are threatened in Michigan, an advantage to using blood plasma assays was that fish were not harmed, and sample collection was

  12. 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.

  13. 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

  14. Using HL7 in hospital staff assignments.

    Science.gov (United States)

    Unluturk, Mehmet S

    2014-02-01

    Hospital staff assignments are the instructions that allocate the hospital staff members to the hospital beds. Currently, hospital administrators make the assignments without accessing the information regarding the occupancy of the hospital beds and the acuity of the patient. As a result, administrators cannot distinguish between occupied and unoccupied beds, and may therefore assign staff to unoccupied beds. This gives rise to uneven and inefficient staff assignments. In this paper, the hospital admission-discharge-transfer (ADT) system is employed both as a data source and an assignment device to create staff assignments. When the patient data is newly added or modified, the ADT system updates the assignment software client with the relevant data. Based on the relevant data, the assignment software client is able to construct staff assignments in a more efficient way. © 2013 Elsevier Ltd. All rights reserved.

  15. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  16. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  17. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  18. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  19. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

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

  20. Legal 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.).

  1. 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.

  2. Integrated assignment and path planning

    Science.gov (United States)

    Murphey, Robert A.

    2005-11-01

    A surge of interest in unmanned systems has exposed many new and challenging research problems across many fields of engineering and mathematics. These systems have the potential of transforming our society by replacing dangerous and dirty jobs with networks of moving machines. This vision is fundamentally separate from the modern view of robotics in that sophisticated behavior is realizable not by increasing individual vehicle complexity, but instead through collaborative teaming that relies on collective perception, abstraction, decision making, and manipulation. Obvious examples where collective robotics will make an impact include planetary exploration, space structure assembly, remote and undersea mining, hazardous material handling and clean-up, and search and rescue. Nonetheless, the phenomenon driving this technology trend is the increasing reliance of the US military on unmanned vehicles, specifically, aircraft. Only a few years ago, following years of resistance to the use of unmanned systems, the military and civilian leadership in the United States reversed itself and have recently demonstrated surprisingly broad acceptance of increasingly pervasive use of unmanned platforms in defense surveillance, and even attack. However, as rapidly as unmanned systems have gained acceptance, the defense research community has discovered the technical pitfalls that lie ahead, especially for operating collective groups of unmanned platforms. A great deal of talent and energy has been devoted to solving these technical problems, which tend to fall into two categories: resource allocation of vehicles to objectives, and path planning of vehicle trajectories. An extensive amount of research has been conducted in each direction, yet, surprisingly, very little work has considered the integrated problem of assignment and path planning. This dissertation presents a framework for studying integrated assignment and path planning and then moves on to suggest an exact

  3. Managing voluntary turnover through challenging assignments

    NARCIS (Netherlands)

    Preenen, P.T.Y.; de Pater, I.E.; van Vianen, A.E.M.; Keijzer, L.

    2011-01-01

    This study examines employees’ challenging assignments as manageable means to reduce turnover intentions, job search behaviors, and voluntary turnover. Results indicate that challenging assignments are negatively related to turnover intentions and job search behaviors and that these relationships

  4. Managing voluntary turnover through challenging assignments

    NARCIS (Netherlands)

    Preenen, P.T.Y.; Pater, I.E. de; Vianen, A.E.M. van; Keijzer, L.

    2011-01-01

    This study examines employees' challenging assignments as manageable means to reduce turnover intentions, job search behaviors, and voluntary turnover. Results indicate that challenging assignments are negatively related to turnover intentions and job search behaviors and that these relationships

  5. 24 CFR 221.255 - Assignment option.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Assignment option. 221.255 Section... Assignment option. (a) A mortgagee holding a mortgage insured pursuant to a conditional or firm commitment issued on or before November 30, 1983 has the option to assign, transfer and deliver to the Commissioner...

  6. 24 CFR 221.770 - Assignment option.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Assignment option. 221.770 Section... § 221.770 Assignment option. A mortgagee holding a conditional or firm commitment issued on or before... mortgagee's approved underwriter on or before November 30, 1983) has the option to assign, transfer and...

  7. Solving the rectangular assignment problem and applications

    NARCIS (Netherlands)

    Bijsterbosch, J.; Volgenant, A.

    2010-01-01

    The rectangular assignment problem is a generalization of the linear assignment problem (LAP): one wants to assign a number of persons to a smaller number of jobs, minimizing the total corresponding costs. Applications are, e.g., in the fields of object recognition and scheduling. Further, we show

  8. La imprecisión del lenguaje legislativo, expuesta en el artículo 18 LRJSP | The Imprecision Of Statutory Language, Exposed In Section 18 Of The Spanish Act On Legal Status Of The Public Sector (LRJSP

    Directory of Open Access Journals (Sweden)

    Joaquín Rodríguez-Toubes Muñiz

    2017-12-01

    Full Text Available Resumen: La imprecisión lingüística es una de las razones principales por las que es necesario interpretar las disposiciones legales, junto a la percepción de incongruencia entre su significado y la razón práctica que las explica o justifica. Son causas de imprecisión del lenguaje legislativo la vaguedad, la ambigüedad semántica, la ambigüedad pragmática y algunas otras, como la redundancia, la repetición, la infraespecificación, la inconsistencia y las anomalías. Todas ellas están presentes en el artículo 18 de la Ley 40/2015, de 1 de octubre, de Régimen Jurídico del Sector Público. El trabajo analiza la imprecisión lingüística de las leyes con una clasificación de problemas sistemática y tomando este artículo como caso de estudio. Abstract: Linguistic imprecision is one of the main reasons why interpreting statutes is necessary, besides the perception of incongruence between their meaning and the practical reason that explains or justifies them. Causes or imprecision of statutory language are vagueness, semantic ambiguity, pragmatic ambiguity and some others, such as redundancy, repetition, infraspecification, inconsistence and anomalies. All of them are present in section 18 of the Spanish Law 40/2015, of 1 October, of Legal Regime of the Public Sector [Ley de Régimen Jurídico del Sector Público]. The paper analyses the linguistic imprecision of statutes with a systematic and comprehensive classification of problems, and taking that section 18 as a study case.

  9. 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.

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. Considerations on the legal regime of the unincorporated business forms in Romania

    OpenAIRE

    Anca POPESCU-CRUCERU

    2013-01-01

    The analysis of the legal status of the companies aims to unify, in an approach for the comparative and historical method, the trends in relation to theories of legal status of the companies, more so as the rules made by the new Romanian Civil Code amended the institution of the company and partnership and thus its legal status. The methodology considers the logical and teleological analyze of the rules in relation to companies, both those of common law and those belonging to special laws, in...

  16. 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.

  17. 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.

  18. 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.

  19. [Legal secrecy: abortion in Puerto Rico from 1937 to 1970].

    Science.gov (United States)

    Marchand-Arias, R E

    1998-03-01

    The essay discusses abortion in Puerto Rico from 1937 to 1970, concentrating in its legal status as well as its social practice. The research documents the contradictions between the legality of the procedure and a social practice characterized by secrecy. The essay discusses the role of the Clergy Consultation Service on Abortion in promoting the legal practice of absortion in Puerto Rico. It also discusses the ambivalent role of medical doctors who, despite being legally authorized to perform abortions to protect the life and health of women, refused to perform the procedure arguing abortion was illegal. The essay concludes with a brief discussion on perceptions of illegality regarding abortion, emphasizing the contradictions between the practice of abortion and that of sterilization in Puerto Rico.

  20. Colligations of Prepositions: Essential Properties of Legal Phraseology

    Directory of Open Access Journals (Sweden)

    Kamariah Yunus

    2016-11-01

    Full Text Available Specialised discourses manifest the organising thoughts of the discourse community that speaks the language.  They are formed by a series of interrelated linguistic properties that are joined in sentences by small but very important lexico-grammatical properties - colligations of prepositions. This paper reviewed the linguistic properties that constitute these linguistic patterns (colligations of prepositions as well as their semantic and pragmatic functions in legal discourse. The literature reveals that prepositions have both the lexical and grammatical statuses. They are prevalent in legal texts, and they play very important role in conveying the thoughts of the discourse community of the law. Proficient linguistic users are marked by having competence of these patterns. Due to the importance of colligations of prepositions in legal discourse, it is recommended that law students and legal scholars be taught colligations of prepositions explicitly rather than learning them implicitly.

  1. Migration, legality, and fertility regulation: Abortion and contraception among migrants and natives in Russia

    Directory of Open Access Journals (Sweden)

    Victor Agadjanian

    2018-04-01

    Full Text Available Background: Migrant-vs.-native differentials in reproductive behavior are typically examined through the prism of socioeconomic and cultural constraints that characterize the migration process and experiences. However, the literature seldom factors in migrant legal status because necessary data is rarely available. Objective: The study seeks to fill this important gap by looking at variations in induced abortion and contraceptive use not only between migrants and nonmigrants but also among migrants of different legal statuses in the Russian Federation. Methods: We use unique survey data collected in urban Russia from Central Asian working migrant women of different legal statuses - regularized vs. irregular - as well as their native counterparts. Binomial and multinomial logistic regressions are fitted to model abortion experience and current contraceptive use and method choice. Results: The results point to higher overall use of abortion among natives, but also to significant differences between migrants with regularized and irregular legal statuses. With respect to contraception, while no variation in overall use between migrants and natives or between migrants of different legal statuses is detected, instructive migrant-vs.-native differences in method choice emerge. Conclusions: The findings underscore the importance of migrants' legal status, along with their other characteristics, for a better understanding of their reproductive behavior and for more effective corresponding policies. Contribution: The study offers pioneering insights into the intersection of migration, legality, and fertility in contemporary Russia and contributes to the cross-national scholarship on migration and reproductive behavior and health.

  2. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  3. 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. The legal regime for private space tourism activities—An overview

    Science.gov (United States)

    Hobe, Stephan

    2010-06-01

    "Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

  5. The Analysis of the National Legal and Regulatory Grounds for the Institutional Autonomy of Higher Education Institutions

    Directory of Open Access Journals (Sweden)

    Andriichenko Zhanna O.

    2017-11-01

    Full Text Available The article identifies and systematizes the existing legal obstacles to the autonomy of higher education institution and develops recommendations to overcome them. The approaches to establishing the legal status of institutions of higher education in the current legislation of Ukraine are characterized. The impact of the legal status of higher education institution on its legal personality and the institutional autonomy has been determined. Views of scholars together with foreign experience of property titles in the imposition of property on higher education institution, were analyzed. Directions for the development of legal regulation of the system of public law legal entities in Ukraine have been defined. In order to ensure the development of the model of public administration in the sphere of higher education, it has been proposed that most of the higher education institutions should change the legal status of public legal entity – budgetary institution to the status of private legal entity – profitable or non-profitable higher education institution of the public / communal form of ownership, for which the founder would regularize property on the right of ownership. This will eliminate the conservatism, strict regulation on the part of the State, that is linked to the status of publicity, and, in order to develop the autonomy of higher education institution, will allow to take advantage of dispositivity inherent in private law entities in determining their legal personality.

  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 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.

  9. Recent Developments in the Provision of Pro Bono Legal Services ...

    African Journals Online (AJOL)

    This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which ...

  10. Legal aspects and international implications of food irradiation

    International Nuclear Information System (INIS)

    Gerard, Alain.

    1977-11-01

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

  11. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    10332324

    South Africa. She argues convincingly that the current unrecognised status of Muslim marriages is not favourable to women because their marriages fall outside the realm of the mainstream legal systems in South Africa (the common and the customary law). She continues to discuss two Bills in various stages of evolution ...

  12. Basic legal provisions concerning the activities of industrial security personnel

    International Nuclear Information System (INIS)

    Eberstein, H.H.

    1980-01-01

    The author confines himself to sabotage and espionage. Necessary counter-measures are determined by the respective type of activities. Sect. 618 of the German Civil Code and Sect. 120 a of the Industrial Code give basic legal provisions for the protection of industrial personnel. The legal position held by owner or occupant forms the legal basis for 'vulnerable point protection'. The owner's rights are assigned to the industrial police and are exercised in correspondence with the service or employment contract set up according to Sect. 611 and the following sections of the German Civil Code. Outside guards work according to the performance contract given int the Sections 675, 611, 631 of the German Civil Code. The security personnel has the common right of self-help: self-defence, civil rights concerning the state of national emergency and self-defence under criminal law, rights derived from ownership and property. The author critically argues views held by Mr. Hoffmann-Riem who thinks that police powers have been assigned to private persons. He definitely answers in the negative to the execution of, or encroachment on, sovereign (police) powers by industrial security personnel. A special legal regulation is not necessary, since private protection in form of professional selfdefence is admissible under the law in force. (HSCH) [de

  13. Suspended in Eurocrisis : new immobilities and semi-legal migrations amongst Nigerians living in Spain

    NARCIS (Netherlands)

    Ahrens, J.

    2013-01-01

    Legislation concerning immigration draws clear distinctions between legal and irregular forms of migration, yet many migrants in practice are confined to ‘in-between’ migrant categories. This paper examines how the economic crisis has affected the legal status and mobility of Nigerian migrants in

  14. The International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    2011-01-01

    The term 'nuclear security' is generally accepted to mean 'the prevention and detection of, and response to, theft, sabotage, unauthorized access, illegal transfer or other malicious acts involving nuclear material, other radioactive substances or their associated facilities.' While the ultimate responsibility for nuclear security within a State rests entirely with that State, the need for regional and international cooperation has become increasingly evident with the growing recognition that the ability to prevent, detect and respond to the threats to nuclear security within one State is affected by the adequacy and effectiveness of nuclear security measures taken by other States, particularly when nuclear material is transported across national frontiers. Since the early 1970s, the IAEA has been called upon to play an ever increasing role in assisting States, upon request, to strengthen their national legal infrastructures and physical protection systems, as well as to facilitate regional and international efforts to enhance nuclear security, including measures to protect against nuclear terrorism. This publication brings together the legally binding primary international instruments and the internationally accepted non-binding instruments that constitute the international legal framework for nuclear security. It does not discuss the safety and safeguards related instruments, which also form a part of the broader legal framework for nuclear security. By setting out the legislative bases for the mandate of the IAEA in the area of nuclear security, it is hoped that this publication will increase awareness of the IAEA's role in facilitating national, regional and international efforts to enhance nuclear security , including measures to protect against nuclear terrorism. It is also intended to serve as a guide in carrying out the IAEA's nuclear security mandate and functions assigned to it under these instruments, including in the elaboration of nuclear security

  15. 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...

  16. 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...

  17. 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.…

  18. 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...

  19. 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,

  20. 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...

  1. The Exception of Non-performance and its Role in Debt Assignments

    Directory of Open Access Journals (Sweden)

    Maria Căzănel

    2016-01-01

    Full Text Available Debt assignments have the effect of assigning a new creditor in the legal position of the creditorassignor, i.e. the right to claim, with all its accessories and warranties, in the same legalconditions, enforceable against all exceptions of the assignor, even the personal ones. Thus, theassignee is entitled to invoke the exception of breach of contract/non-performance, where the ratioof obligations originally derived from a mutually binding contract and the contractual partnerrefuses to fulfill the performance that was required. Invocation of exceptio non adimpleticontractus does not result in termination of the legal relationship of obligations, but only to itssuspension as a means to compel the debtor to fulfill the obligation assumed.

  2. Legality, Racialization, and Immigrants' Experience of Ethnoracial Harassment in Russia.

    Science.gov (United States)

    Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

    2017-11-01

    Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants' everyday experiences. The study findings are situated within the cross-national literature on migrants' legal and ethnoracial exclusion in receiving contexts.

  3. Legality, Racialization, and Immigrants’ Experience of Ethnoracial Harassment in Russia

    Science.gov (United States)

    Agadjanian, Victor; Menjívar, Cecilia; Zotova, Natalya

    2017-01-01

    Using data from a structured survey and in-depth interviews in three Russian cities, our study engages the scholarship on immigration legal regimes and racialization practices to examine the experiences of ethnoracially motivated harassment among working migrant women from Kyrgyzstan, Tajikistan, and Uzbekistan in Russia. The results of statistical analyses show that regularized legal status is associated with a significantly lower likelihood of experiencing harassment at the hands of law enforcement agents and other actors alike. Regardless of legal status, however, the analyses reveal significant variations across the three migrant groups, with members of the group that is seen as racially most distinct from the host population having the highest odds of reporting harassment. The analysis of in-depth interviews confirms and expands on these patterns, providing additional insights into the complex expressions and interplay of legality and race in migrants’ everyday experiences. The study findings are situated within the cross-national literature on migrants’ legal and ethnoracial exclusion in receiving contexts. PMID:29109593

  4. 32 CFR 884.2 - Assigned responsibilities.

    Science.gov (United States)

    2010-07-01

    ... OF PERSONNEL TO UNITED STATES CIVILIAN AUTHORITIES FOR TRIAL § 884.2 Assigned responsibilities. (a... 32 National Defense 6 2010-07-01 2010-07-01 false Assigned responsibilities. 884.2 Section 884.2... requests for return of members to the United States for delivery to civilian authorities when the request...

  5. 12 CFR 563e.28 - Assigned ratings.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Assigned ratings. 563e.28 Section 563e.28 Banks... for Assessing Performance § 563e.28 Assigned ratings. (a) Ratings in general. Subject to paragraphs (b... performance under the lending, investment and service tests, the community development test, the small savings...

  6. Stress Assignment in Reading Italian Polysyllabic Pseudowords

    Science.gov (United States)

    Sulpizio, Simone; Arduino, Lisa S.; Paizi, Despina; Burani, Cristina

    2013-01-01

    In 4 naming experiments we investigated how Italian readers assign stress to pseudowords. We assessed whether participants assign stress following distributional information such as stress neighborhood (the proportion and number of existent words sharing orthographic ending and stress pattern) and whether such distributional information affects…

  7. Assignment of element and isotope factors

    International Nuclear Information System (INIS)

    Schneider, R.A.

    1984-01-01

    Element and isotope factors are assigned in the NICS internal accounting system at the Exxon Fuel Fabrication Facility on the basis of coded information included on the material transfer documents. This paper explains more fully the manner in which NICS assigns these factors

  8. Detecting Plagiarism in MS Access Assignments

    Science.gov (United States)

    Singh, Anil

    2013-01-01

    Assurance of individual effort from students in computer-based assignments is a challenge. Due to digitization, students can easily use a copy of their friend's work and submit it as their own. Plagiarism in assignments puts students who cheat at par with those who work honestly and this compromises the learning evaluation process. Using a…

  9. 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

  10. Real life working shift assignment problem

    Science.gov (United States)

    Sze, San-Nah; Kwek, Yeek-Ling; Tiong, Wei-King; Chiew, Kang-Leng

    2017-07-01

    This study concerns about the working shift assignment in an outlet of Supermarket X in Eastern Mall, Kuching. The working shift assignment needs to be solved at least once in every month. Current approval process of working shifts is too troublesome and time-consuming. Furthermore, the management staff cannot have an overview of manpower and working shift schedule. Thus, the aim of this study is to develop working shift assignment simulation and propose a working shift assignment solution. The main objective for this study is to fulfill manpower demand at minimum operation cost. Besides, the day off and meal break policy should be fulfilled accordingly. Demand based heuristic is proposed to assign working shift and the quality of the solution is evaluated by using the real data.

  11. Mars - robust automatic backbone assignment of proteins

    International Nuclear Information System (INIS)

    Jung, Young-Sang; Zweckstetter, Markus

    2004-01-01

    MARS a program for robust automatic backbone assignment of 13 C/ 15 N labeled proteins is presented. MARS does not require tight thresholds for establishing sequential connectivity or detailed adjustment of these thresholds and it can work with a wide variety of NMR experiments. Using only 13 C α / 13 C β connectivity information, MARS allows automatic, error-free assignment of 96% of the 370-residue maltose-binding protein. MARS can successfully be used when data are missing for a substantial portion of residues or for proteins with very high chemical shift degeneracy such as partially or fully unfolded proteins. Other sources of information, such as residue specific information or known assignments from a homologues protein, can be included into the assignment process. MARS exports its result in SPARKY format. This allows visual validation and integration of automated and manual assignment

  12. 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.

  13. 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)

  14. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  15. Legal protection against a lack of grounds in administrative judgements concerning public interests

    International Nuclear Information System (INIS)

    Schmidt, W.

    1976-01-01

    Administrative legal protection, according to Basic Law, is the right of the individual for protection, i.e. protection of 'subjective' rights based on 'objective' law. The extension of this legal protection beyond the legal protection of the individual has been under discussion lately, mostly in connection with a joint board suit, not so often with citizen actions which comprise 'individual suit' and 'joint board suit', mainly in environmental protection law (e.g. actions brought against nuclear power plants). Such rights are not to be conceded to everybody and every association, but only to a few supraregional associations with legal status, e.g. the citizen association environmental protection. (HP) [de

  16. Food irradiation. An update of legal and analytical aspects

    International Nuclear Information System (INIS)

    Masotti, P.; Zonta, F.

    1999-01-01

    A new European directive concerning ionising radiation treatment of foodstuffs has been recently adopted, although National laws may continue to be applied at least until 31 December 2000. A brief updated review dealing with the legal and analytical aspects of food irradiation is presented. The legal status of the food irradiation issue presently in force in Italy, in the European Union and in the USA is discussed. Some of the most used and reliable analytical methods for detecting irradiated foodstuffs, with special reference to standardised methods of European Committee of Standardization, are listed [it

  17. 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.

  18. 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.

  19. 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...

  20. 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.

  1. 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...

  2. Legal Marriage, Unequal Recognition, and Mental Health among Same-Sex Couples.

    Science.gov (United States)

    LeBlanc, Allen J; Frost, David M; Bowen, Kayla

    2018-04-01

    The authors examined whether the perception of unequal relationship recognition, a novel, couple-level minority stressor, has negative consequences for mental health among same-sex couples. Data came from a dyadic study of 100 ( N = 200) same-sex couples in the U.S. Being in a legal marriage was associated with lower perceived unequal recognition and better mental health; being in a registered domestic partnership or civil union - not also legally married - was associated with greater perceived unequal recognition and worse mental health. Actor Partner Interdependence Models tested associations between legal relationship status, unequal relationship recognition, and mental health (nonspecific psychological distress, depressive symptomatology, and problematic drinking), net controls (age, gender, race/ethnicity, education, and income). Unequal recognition was consistently associated with worse mental health, independent of legal relationship status. Legal changes affecting relationship recognition should not be seen as simple remedies for addressing the mental health effects of institutionalized discrimination.

  3. 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

  4. Technological Agency in the Co-Constitution of Legal Expertise and the US Drone Program

    DEFF Research Database (Denmark)

    Leander, Anna

    2013-01-01

    over the legal status of the US drone program. Target killing suggests that the drone program may be legally regulated. Extrajudicial execution suggests that it falls outside the realm of legality. This article does not seek to settle which terminology is the most appropriate. Instead it analyses...... the legal expertise struggling to do so and its implications. More specifically, it focuses on the processes through which drones constitute the legal expertise that constitutes the drone program as one of targeted killings and of extrajudicial executions; that is, on a process of co-constitution. Drawing...... theoretical inspiration from and combining new materialist approaches (especially as articulated by Bruno Latour) with the sociological approach of Pierre Bourdieu, the article shows that drones have ‘agency’ in the ‘field’ of legal expertise pertaining to the drone program. Drones are redrawing...

  5. 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.

  6. 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

  7. 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...

  8. 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.

  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. Postgraduate diploma collaborative assignment: Implications for ...

    African Journals Online (AJOL)

    Postgraduate diploma collaborative assignment: Implications for ESL students ... and collaborative teaching/learning model involving the major course convenors. ... The quality of the work and mood of all concerned improved tremendously.

  14. Inferential backbone assignment for sparse data

    International Nuclear Information System (INIS)

    Vitek, Olga; Bailey-Kellogg, Chris; Craig, Bruce; Vitek, Jan

    2006-01-01

    This paper develops an approach to protein backbone NMR assignment that effectively assigns large proteins while using limited sets of triple-resonance experiments. Our approach handles proteins with large fractions of missing data and many ambiguous pairs of pseudoresidues, and provides a statistical assessment of confidence in global and position-specific assignments. The approach is tested on an extensive set of experimental and synthetic data of up to 723 residues, with match tolerances of up to 0.5 ppm for C α and C β resonance types. The tests show that the approach is particularly helpful when data contain experimental noise and require large match tolerances. The keys to the approach are an empirical Bayesian probability model that rigorously accounts for uncertainty in the data at all stages in the analysis, and a hybrid stochastic tree-based search algorithm that effectively explores the large space of possible assignments

  15. Dynamic traffic assignment : genetic algorithms approach

    Science.gov (United States)

    1997-01-01

    Real-time route guidance is a promising approach to alleviating congestion on the nations highways. A dynamic traffic assignment model is central to the development of guidance strategies. The artificial intelligence technique of genetic algorithm...

  16. 45 CFR 1626.5 - Alien status and eligibility.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 4 2010-10-01 2010-10-01 false Alien status and eligibility. 1626.5 Section 1626... RESTRICTIONS ON LEGAL ASSISTANCE TO ALIENS § 1626.5 Alien status and eligibility. Subject to all other... may provide legal assistance to an alien who is present in the United States and who is within one of...

  17. Statistical aspects of optimal treatment assignment

    OpenAIRE

    van der Linden, Willem J.

    1980-01-01

    The issues of treatment assignment is ordinarily dealt with within the framework of testing aptitude treatment interaction (ATI) hypothesis. ATI research mostly uses linear regression techniques, and an ATI exists when the aptitude treatment (AT) regression lines cross each other within the relevant interval of the aptitude variable. Consistent with this approach is the use of the points of interaction of AT regression lines as treatment-assignment rule. The replacement of such rules by monot...

  18. On pole structure assignment in linear systems

    Czech Academy of Sciences Publication Activity Database

    Loiseau, J.-J.; Zagalak, Petr

    2009-01-01

    Roč. 82, č. 7 (2009), s. 1179-1192 ISSN 0020-7179 R&D Projects: GA ČR(CZ) GA102/07/1596 Institutional research plan: CEZ:AV0Z10750506 Keywords : linear systems * linear state feedback * pole structure assignment Subject RIV: BC - Control Systems Theory Impact factor: 1.124, year: 2009 http://library.utia.cas.cz/separaty/2009/AS/zagalak-on pole structure assignment in linear systems.pdf

  19. Random Assignment: Practical Considerations from Field Experiments.

    Science.gov (United States)

    Dunford, Franklyn W.

    1990-01-01

    Seven qualitative issues associated with randomization that have the potential to weaken or destroy otherwise sound experimental designs are reviewed and illustrated via actual field experiments. Issue areas include ethics and legality, liability risks, manipulation of randomized outcomes, hidden bias, design intrusiveness, case flow, and…

  20. Competitive Traffic Assignment in Road Networks

    Directory of Open Access Journals (Sweden)

    Krylatov Alexander Y.

    2016-09-01

    Full Text Available Recently in-vehicle route guidance and information systems are rapidly developing. Such systems are expected to reduce congestion in an urban traffic area. This social benefit is believed to be reached by imposing the route choices on the network users that lead to the system optimum traffic assignment. However, guidance service could be offered by different competitive business companies. Then route choices of different mutually independent groups of users may reject traffic assignment from the system optimum state. In this paper, a game theoretic approach is shown to be very efficient to formalize competitive traffic assignment problem with various groups of users in the form of non-cooperative network game with the Nash equilibrium search. The relationships between the Wardrop’s system optimum associated with the traffic assignment problem and the Nash equilibrium associated with the competitive traffic assignment problem are investigated. Moreover, some related aspects of the Nash equilibrium and the Wardrop’s user equilibrium assignments are also discussed.

  1. A feedback model of figure-ground assignment.

    Science.gov (United States)

    Domijan, Drazen; Setić, Mia

    2008-05-30

    A computational model is proposed in order to explain how bottom-up and top-down signals are combined into a unified perception of figure and background. The model is based on the interaction between the ventral and the dorsal stream. The dorsal stream computes saliency based on boundary signals provided by the simple and the complex cortical cells. Output from the dorsal stream is projected to the surface network which serves as a blackboard on which the surface representation is formed. The surface network is a recurrent network which segregates different surfaces by assigning different firing rates to them. The figure is labeled by the maximal firing rate. Computer simulations showed that the model correctly assigns figural status to the surface with a smaller size, a greater contrast, convexity, surroundedness, horizontal-vertical orientation and a higher spatial frequency content. The simple gradient of activity in the dorsal stream enables the simulation of the new principles of the lower region and the top-bottom polarity. The model also explains how the exogenous attention and the endogenous attention may reverse the figural assignment. Due to the local excitation in the surface network, neural activity at the cued region will spread over the whole surface representation. Therefore, the model implements the object-based attentional selection.

  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. Flexible taxonomic assignment of ambiguous sequencing reads

    Directory of Open Access Journals (Sweden)

    Jansson Jesper

    2011-01-01

    Full Text Available Abstract Background To characterize the diversity of bacterial populations in metagenomic studies, sequencing reads need to be accurately assigned to taxonomic units in a given reference taxonomy. Reads that cannot be reliably assigned to a unique leaf in the taxonomy (ambiguous reads are typically assigned to the lowest common ancestor of the set of species that match it. This introduces a potentially severe error in the estimation of bacteria present in the sample due to false positives, since all species in the subtree rooted at the ancestor are implicitly assigned to the read even though many of them may not match it. Results We present a method that maps each read to a node in the taxonomy that minimizes a penalty score while balancing the relevance of precision and recall in the assignment through a parameter q. This mapping can be obtained in time linear in the number of matching sequences, because LCA queries to the reference taxonomy take constant time. When applied to six different metagenomic datasets, our algorithm produces different taxonomic distributions depending on whether coverage or precision is maximized. Including information on the quality of the reads reduces the number of unassigned reads but increases the number of ambiguous reads, stressing the relevance of our method. Finally, two measures of performance are described and results with a set of artificially generated datasets are discussed. Conclusions The assignment strategy of sequencing reads introduced in this paper is a versatile and a quick method to study bacterial communities. The bacterial composition of the analyzed samples can vary significantly depending on how ambiguous reads are assigned depending on the value of the q parameter. Validation of our results in an artificial dataset confirm that a combination of values of q produces the most accurate results.

  5. Legal implications of genetics and crime research.

    Science.gov (United States)

    Denno, D W

    1996-01-01

    Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

  6. 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.

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

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

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

  8. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  9. 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

  10. First Trimester Fetal Gender Assignment by Ultrasound

    Directory of Open Access Journals (Sweden)

    Sabahattin Altunyurt

    2010-03-01

    Full Text Available Objective: To investigate the efficiency of genital tubercule angle on detecting fetal gender in first trimester by ultrasonography. Material-Method: Fetal sex assignment by ultrasound was carried out in 172 pregnancies at 11-13+6 weeks between 2007 June and 2007 December. Gestational age was determined by the measurement of crown-rump length (CRL. The ultrasound predictions were compared with actual sex at birth. Mid-sagittal planes of a section of the fetal genital tubercle were performed to identify the gender. Results: 155 of 172 patients’ data were achieved. The overall success rate was 92.3 % in sonographic assignment of fetal sex. The correct assignment rate in female fetuses was significantly higher than males (95.9 % - 88.8 % [p=0,001]. The correct identification of fetal sex improved with advancing gestational age from 89.3 % between 11-11+6 weeks, 92.5 % between 12-12+6 weeks and 93.4 % between 13-13+6 weeks (p=0,96. Conclusion: The fetal sex assignment by ultrasonography between 11-13+6 weeks had high success rate. The sensitivity of fetal sex assignment was not affected with fetus position and gestational age.

  11. 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.

  12. 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.

  13. Protein secondary structure assignment revisited: a detailed analysis of different assignment methods

    Directory of Open Access Journals (Sweden)

    de Brevern Alexandre G

    2005-09-01

    Full Text Available Abstract Background A number of methods are now available to perform automatic assignment of periodic secondary structures from atomic coordinates, based on different characteristics of the secondary structures. In general these methods exhibit a broad consensus as to the location of most helix and strand core segments in protein structures. However the termini of the segments are often ill-defined and it is difficult to decide unambiguously which residues at the edge of the segments have to be included. In addition, there is a "twilight zone" where secondary structure segments depart significantly from the idealized models of Pauling and Corey. For these segments, one has to decide whether the observed structural variations are merely distorsions or whether they constitute a break in the secondary structure. Methods To address these problems, we have developed a method for secondary structure assignment, called KAKSI. Assignments made by KAKSI are compared with assignments given by DSSP, STRIDE, XTLSSTR, PSEA and SECSTR, as well as secondary structures found in PDB files, on 4 datasets (X-ray structures with different resolution range, NMR structures. Results A detailed comparison of KAKSI assignments with those of STRIDE and PSEA reveals that KAKSI assigns slightly longer helices and strands than STRIDE in case of one-to-one correspondence between the segments. However, KAKSI tends also to favor the assignment of several short helices when STRIDE and PSEA assign longer, kinked, helices. Helices assigned by KAKSI have geometrical characteristics close to those described in the PDB. They are more linear than helices assigned by other methods. The same tendency to split long segments is observed for strands, although less systematically. We present a number of cases of secondary structure assignments that illustrate this behavior. Conclusion Our method provides valuable assignments which favor the regularity of secondary structure segments.

  14. Writing Assignments that Promote Active Learning

    Science.gov (United States)

    Narayanan, M.

    2014-12-01

    Encourage students to write a detailed, analytical report correlating classroom discussions to an important historical event or a current event. Motivate students interview an expert from industry on a topic that was discussed in class. Ask the students to submit a report with supporting sketches, drawings, circuit diagrams and graphs. Propose that the students generate a complete a set of reading responses pertaining to an assigned topic. Require each student to bring in one comment or one question about an assigned reading. The assignment should be a recent publication in an appropriate journal. Have the students conduct a web search on an assigned topic. Ask them to generate a set of ideas that can relate to classroom discussions. Provide the students with a study guide. The study guide should provide about 10 or 15 short topics. Quiz the students on one or two of the topics. Encourage the students to design or develop some creative real-world examples based on a chapter discussed or a topic of interest. Require that students originate, develop, support and defend a viewpoint using a specifically assigned material. Make the students practice using or utilizing a set of new technical terms they have encountered in an assigned chapter. Have students develop original examples explaining the different terms. Ask the students to select one important terminology from the previous classroom discussions. Encourage the students to explain why they selected that particular word. Ask them to talk about the importance of the terminology from the point of view of their educational objectives and future career. Angelo, T. A. (1991). Ten easy pieces: Assessing higher learning in four dimensions. In T. A. Angelo (Ed.), Classroom research: Early lessons from success (pp. 17-31). New Directions for Teaching and Learning, No. 46. San Francisco: Jossey-Bass.

  15. Grouping puts figure-ground assignment in context by constraining propagation of edge assignment.

    Science.gov (United States)

    Brooks, Joseph L; Brook, Joseph L; Driver, Jon

    2010-05-01

    Figure-ground organization involves the assignment of edges to a figural shape on one or the other side of each dividing edge. Established visual cues for edge assignment primarily concern relatively local rather than contextual factors. In the present article, we show that an assignment for a locally unbiased edge can be affected by an assignment of a remote contextual edge that has its own locally biased assignment. We find that such propagation of edge assignment from the biased remote context occurs only when the biased and unbiased edges are grouped. This new principle, whereby grouping constrains the propagation of figural edge assignment, emerges from both subjective reports and an objective short-term edge-matching task. It generalizes from moving displays involving grouping by common fate and collinearity, to static displays with grouping by similarity of edge-contrast polarity, or apparent occlusion. Our results identify a new contextual influence on edge assignment. They also identify a new mechanistic relation between grouping and figure-ground processes, whereby grouping between remote elements can constrain the propagation of edge assignment between those elements. Supplemental materials for this article may be downloaded from http://app.psychonomic-journals.org/content/supplemental.

  16. 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.

  17. 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)

  18. 38 CFR 21.198 - “Discontinued” status.

    Science.gov (United States)

    2010-07-01

    ... discontinued status following assignment to interrupted status as provided in § 21.197 for reasons including... acceptable reason for his or her failure to do so following assignment to interrupted status, the veteran's... staff are unable to estimate an approximate date by which the veteran will be able to begin or return to...

  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. Simulated annealing algorithm for solving chambering student-case assignment problem

    Science.gov (United States)

    Ghazali, Saadiah; Abdul-Rahman, Syariza

    2015-12-01

    The problem related to project assignment problem is one of popular practical problem that appear nowadays. The challenge of solving the problem raise whenever the complexity related to preferences, the existence of real-world constraints and problem size increased. This study focuses on solving a chambering student-case assignment problem by using a simulated annealing algorithm where this problem is classified under project assignment problem. The project assignment problem is considered as hard combinatorial optimization problem and solving it using a metaheuristic approach is an advantage because it could return a good solution in a reasonable time. The problem of assigning chambering students to cases has never been addressed in the literature before. For the proposed problem, it is essential for law graduates to peruse in chambers before they are qualified to become legal counselor. Thus, assigning the chambering students to cases is a critically needed especially when involving many preferences. Hence, this study presents a preliminary study of the proposed project assignment problem. The objective of the study is to minimize the total completion time for all students in solving the given cases. This study employed a minimum cost greedy heuristic in order to construct a feasible initial solution. The search then is preceded with a simulated annealing algorithm for further improvement of solution quality. The analysis of the obtained result has shown that the proposed simulated annealing algorithm has greatly improved the solution constructed by the minimum cost greedy heuristic. Hence, this research has demonstrated the advantages of solving project assignment problem by using metaheuristic techniques.

  2. Semi-infinite assignment and transportation games

    NARCIS (Netherlands)

    Timmer, Judith B.; Sánchez-Soriano, Joaqu´ın; Llorca, Navidad; Tijs, Stef; Goberna, Miguel A.; López, Marco A.

    2001-01-01

    Games corresponding to semi-infinite transportation and related assignment situations are studied. In a semi-infinite transportation situation, one aims at maximizing the profit from the transportation of a certain good from a finite number of suppliers to an infinite number of demanders. An

  3. Capacity constrained assignment in spatial databases

    DEFF Research Database (Denmark)

    U, Leong Hou; Yiu, Man Lung; Mouratidis, Kyriakos

    2008-01-01

    large to fit in main memory. Motivated by this fact, we propose efficient algorithms for optimal assignment that employ novel edge-pruning strategies, based on the spatial properties of the problem. Additionally, we develop approximate (i.e., suboptimal) CCA solutions that provide a trade-off between...

  4. Statistical aspects of optimal treatment assignment

    NARCIS (Netherlands)

    van der Linden, Willem J.

    The issues of treatment assignment is ordinarily dealt with within the framework of testing aptitude treatment interaction (ATI) hypothesis. ATI research mostly uses linear regression techniques, and an ATI exists when the aptitude treatment (AT) regression lines cross each other within the relevant

  5. Tabu search for target-radar assignment

    DEFF Research Database (Denmark)

    Hindsberger, Magnus; Vidal, Rene Victor Valqui

    2000-01-01

    In the paper the problem of assigning air-defense illumination radars to enemy targets is presented. A tabu search metaheuristic solution is described and the results achieved are compared to those of other heuristic approaches, implementation and experimental aspects are discussed. It is argued ...

  6. Strategy-Proof Assignment Of Multiple Resources

    DEFF Research Database (Denmark)

    Erlanson, Albin; Szwagrzak, Karol

    2015-01-01

    We examine the strategy-proof allocation of multiple resources; an application is the assignment of packages of tasks, workloads, and compensations among the members of an organization. In the domain of multidimensional single-peaked preferences, we find that any allocation mechanism obtained by ...

  7. Optimal Processor Assignment for Pipeline Computations

    Science.gov (United States)

    1991-10-01

    the use of ratios: initially each task is assigned a procesbuor2 the remaining proceborb are distributed in proportion to the quantities f,(1), 1 < i...algorithmns. IEEE Trans. onl Parallel and Distributed Systemns, 1 (4):470-499, October 1990. [26] P. Al. Kogge. The Architeture of Pipelined Comnputers

  8. Incentivized optimal advert assignment via utility decomposition

    NARCIS (Netherlands)

    Kelly, F.; Key, P.; Walton, N.

    2014-01-01

    We consider a large-scale Ad-auction where adverts are assigned over a potentially infinite number of searches. We capture the intrinsic asymmetries in information between advertisers, the advert platform and the space of searches: advertisers know and can optimize the average performance of their

  9. A game theoretic approach to assignment problems

    NARCIS (Netherlands)

    Klijn, F.

    2000-01-01

    Game theory deals with the mathematical modeling and analysis of conflict and cooperation in the interaction of multiple decision makers. This thesis adopts two game theoretic methods to analyze a range of assignment problems that arise in various economic situations. The first method has as

  10. Generalised Assignment Matrix Methodology in Linear Programming

    Science.gov (United States)

    Jerome, Lawrence

    2012-01-01

    Discrete Mathematics instructors and students have long been struggling with various labelling and scanning algorithms for solving many important problems. This paper shows how to solve a wide variety of Discrete Mathematics and OR problems using assignment matrices and linear programming, specifically using Excel Solvers although the same…

  11. 7 CFR 1437.104 - Assigned production.

    Science.gov (United States)

    2010-01-01

    ...) Irrigation equipment is not capable of supplying adequate water to sustain the expected production of a... practice is not used. (7) For normal irrigated annual and biennial crops, the supply of available water at... determining losses under this section, assigned production will be used to offset the loss of production when...

  12. Accounting for Sustainability: An Active Learning Assignment

    Science.gov (United States)

    Gusc, Joanna; van Veen-Dirks, Paula

    2017-01-01

    Purpose: Sustainability is one of the newer topics in the accounting courses taught in university teaching programs. The active learning assignment as described in this paper was developed for use in an accounting course in an undergraduate program. The aim was to enhance teaching about sustainability within such a course. The purpose of this…

  13. Legal status and the legal treatment of environmental refugees; Rechtsstellung und rechtliche Behandlung von Umweltfluechtlingen

    Energy Technology Data Exchange (ETDEWEB)

    Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen

    2010-11-15

    After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)

  14. Legal status and the legal treatment of environmental refugees; Rechtsstellung und rechtliche Behandlung von Umweltfluechtlingen

    Energy Technology Data Exchange (ETDEWEB)

    Ammer, Margit; Nowak, Manfred [Ludwig Boltzmann Institut fuer Menschenrechte, Wien (Austria); Stadlmayr, Lisa; Hafner, Gerhard [Wien Univ. (Austria). Abt. Voelkerrecht und Internationale Beziehungen

    2010-11-15

    After the development of a working definition of ''environmental refugees'', the study examines existing State obligations in international law (obligations of the State of origin and of third States under human rights law and general public international law), which are relevant for the prevention of ''environmental flight'' as well as for coping with situations of ''environmental flight'' and identifies shortcomings. In a second step and based on this inventory and gap analysis, a catalogue of ''ideal'' State obligations and individual rights aiming at the best possible protection for (potential) ''environmental refugees'' is created. After comparing the advantages and disadvantages of different solution models, a specific, ''ideal'' solution is presented. (orig.)

  15. 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

  16. 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

  17. 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"

  18. 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...

  19. 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...

  20. 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)

  1. 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)

  2. 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,

  3. 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 ...

  4. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

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

  5. 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…

  6. 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

  7. 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.

  8. Death before life: The legal status of cadaveric foetuses

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2011-01-01

    to the Municipality of Odense regarding the establishment of a separate anonymous lawn for aborted foetuses at the town’s principal cemetery in order to provide parents with a free and optional alternative to the current procedure.The aim of this article is to analyse death before life in Danish law and to offer some...

  9. The legal status of suicide: A global review.

    Science.gov (United States)

    Mishara, Brian L; Weisstub, David N

    2016-01-01

    Copies were obtained of the criminal codes from 192 countries and states; in 25 suicide is currently illegal, and an additional 20 countries follow Islamic or Sharia law where suicide attempters may be punished with jail sentences. The vast majority of countries have laws making it illegal to abet, aid or encourage suicide, but the nature and punishment of the actions that are illegal varies. Laws in places with Civil, Common Law, Islamic Law and Traditional Law systems are compared. Great variances in application were noted, sometimes within countries. It is impossible to estimate the number of persons currently in jail for having attempted suicide, but jail sentences are still given to suicide attempters. Some countries do not prosecute suicide attempters despite the laws, while others consistently jail suicide attempters. In countries where suicide attempts have been decriminalized, attempters may still face prosecution when another person is injured or dies as a result of their suicide attempt or where the attempter is a member of the military. We discuss the roots of laws making suicide, aiding, and encouraging suicide illegal and examine prospects for future changes. The recent Supreme Court Decision in Canada, invalidating the law making it illegal to assist in the suicide of physically ill people who are suffering (abeit with restrictive conditions) illustrates current trends towards "liberalization" of assisted suicide. Copyright © 2015 Elsevier Ltd. All rights reserved.

  10. The Legal Status of the Danube Delta Biosphere Reservation

    Directory of Open Access Journals (Sweden)

    Florica Brasoveanu

    2012-05-01

    Full Text Available In recent years the world has become aware that natural resources are not inexhaustible, that manyspecies are threatened with extinction and that is is necessary to strive for judicious use of natural resources tofulfill the needs of the present without compromising the ability of future generations to meet their needs(principle of sustainable development. To conserve species and habitats protected areas have beenestablished worldwide. The protected area is a geographically defined area, with rare natural elements and / orendangered species, regulated and managed in order to achieve specific conservation objectives. Althoughranked Europe's second in size (after the Volga River and the 20th in the world, because of the rich landscapeand wildlife, with the birds ranked most important, the Danube Delta has a very special interest scientificallyas it is a natural laboratory of forming delta, tourism and economic ecosystems, through its renewable naturalresources of which the most important resources are living aquatic resources.

  11. The legal status of evidence obtained through human rights ...

    African Journals Online (AJOL)

    The Constitution of the Republic of Uganda, 1995 is silent on the issue of dealing with evidence obtained through human rights violations. This silence dates to the earlier Constitutions of 1962, 1966 and 1967. It is only the Prohibition and Prevention of Torture Act of 2012 that renders evidence obtained through torture and ...

  12. the legal status of sustainable development in the nigerian

    African Journals Online (AJOL)

    RAYAN_

    implementing and enforcing sustainable development in environmental governance ..... the principles of state responsibility for extra-territorial environmental harm and ..... sustainable development: the economic, social and environmental.53.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-07-15

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

  14. Foreign experience in determining the status of refugees and internally displaced persons

    Directory of Open Access Journals (Sweden)

    A. A. Popok

    2017-06-01

    The authors conclude that European countries actively integrate the provisions of the international law governing the legal status of refugees and internally displaced persons into their domestic law.

  15. 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.

  16. Evaluation of legal aspects of activities involving radiations: proposal for a new legislation

    International Nuclear Information System (INIS)

    Borges, Jose C.

    1997-01-01

    The present brazilian legislation status concerning activities in which occurs or may occur any exposure to ionizing radiations, involves several incoherencies and privileges, as a consequence of legal rights generated from labor principles which have no social or scientific base. In this study, several legal labor topics are analysed and a new doctrine context is proposed, based mainly on a equal treatment for all insalubrious and dangerous activities done by workers of both private and public sectors (author). 8 refs

  17. Parliamentary Oversight: Legal Regulation (On the Example of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Stepan S. Abgarov

    2015-12-01

    Full Text Available Legal analysis of the characteristics of parliamentary control at the regional level is in demand both from theoretical and practical points of view. To a greater extent in the article focuses on issues such as directly the status of legislative (representative body of state power, its structure and priorities. Meanwhile, the modern legal practice activities of regional parliaments establishes a gradual expansion of powers of control and the active development of forms of parliamentary control in modern conditions.

  18. 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.

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

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2010-01-01

    It is beyond doubt that setting up the European External Action Service will have a deep impact on EU external policy making. Both in legal and policy terms, this new player thoroughly changes the institutional balance in EU external relations. The goal of this paper is to examine the legal side...... of that coin, by exploring the legal and institutional nature and position of the EEAS in the EU’s external relations machinery. To that end, it queries the meaning of the EEAS’ sui generis status in the EU institutional set-up: what does it mean to say that the EEAS is ‘functionally autonomous’ from...

  20. Untested assumptions: psychological research and credibility assessment in legal decision-making

    Directory of Open Access Journals (Sweden)

    Jane Herlihy

    2015-05-01

    Full Text Available Background: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. Methods & results: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. Conclusion: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

  1. A Study of Counselors' Legal Challenges and Their Perceptions of Their Ability to Respond

    Directory of Open Access Journals (Sweden)

    MARY A. HERM

    2008-08-01

    Full Text Available The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC, and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as prepared to face most ethical and legal issues.

  2. Careerism, Committee Assignments and the Electoral Connection

    OpenAIRE

    Katz, Jonathan N.; Sala, Brian R.

    1996-01-01

    Most scholars agree that members of Congress are strongly motivated by their desire for reelection. This assumption implies that members of Congress adopt institutions, rules, and norms of behavior in part to serve their electoral interests. Direct tests of the electoral connection are rare, however, because significant, exogenous changes in the electoral environment are difficult to identify. We develop and test an electoral rationale for the norm of committee assignment "property rights...

  3. Contact replacement for NMR resonance assignment.

    Science.gov (United States)

    Xiong, Fei; Pandurangan, Gopal; Bailey-Kellogg, Chris

    2008-07-01

    Complementing its traditional role in structural studies of proteins, nuclear magnetic resonance (NMR) spectroscopy is playing an increasingly important role in functional studies. NMR dynamics experiments characterize motions involved in target recognition, ligand binding, etc., while NMR chemical shift perturbation experiments identify and localize protein-protein and protein-ligand interactions. The key bottleneck in these studies is to determine the backbone resonance assignment, which allows spectral peaks to be mapped to specific atoms. This article develops a novel approach to address that bottleneck, exploiting an available X-ray structure or homology model to assign the entire backbone from a set of relatively fast and cheap NMR experiments. We formulate contact replacement for resonance assignment as the problem of computing correspondences between a contact graph representing the structure and an NMR graph representing the data; the NMR graph is a significantly corrupted, ambiguous version of the contact graph. We first show that by combining connectivity and amino acid type information, and exploiting the random structure of the noise, one can provably determine unique correspondences in polynomial time with high probability, even in the presence of significant noise (a constant number of noisy edges per vertex). We then detail an efficient randomized algorithm and show that, over a variety of experimental and synthetic datasets, it is robust to typical levels of structural variation (1-2 AA), noise (250-600%) and missings (10-40%). Our algorithm achieves very good overall assignment accuracy, above 80% in alpha-helices, 70% in beta-sheets and 60% in loop regions. Our contact replacement algorithm is implemented in platform-independent Python code. The software can be freely obtained for academic use by request from the authors.

  4. An Ultimatum Game Approach to Billet Assignments

    Science.gov (United States)

    2015-09-01

    time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed , and completing and reviewing this...treatments are needed for this investigation. To conserve the subject pool and meet the budget, we elected to pursue treatments that covered salient...across billets can be partially offset through compensating wages ( hedonic wages) and/or the potential of future superior assignments. In the

  5. Protein secondary structure: category assignment and predictability

    DEFF Research Database (Denmark)

    Andersen, Claus A.; Bohr, Henrik; Brunak, Søren

    2001-01-01

    In the last decade, the prediction of protein secondary structure has been optimized using essentially one and the same assignment scheme known as DSSP. We present here a different scheme, which is more predictable. This scheme predicts directly the hydrogen bonds, which stabilize the secondary......-forward neural network with one hidden layer on a data set identical to the one used in earlier work....

  6. 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.

  7. 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 ...

  8. [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.

  9. 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

  10. 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.

  11. Assignment and Correspondence Tracking System - Tactical / Operational Reporting

    Data.gov (United States)

    Social Security Administration — Reporting data store for the Assignment and Correspondence Tracking System (ACT). ACT automates the assignment and tracking of correspondence processing within the...

  12. 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...

  13. 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...

  14. 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...

  15. 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…

  16. 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...

  17. 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 ...

  18. 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…

  19. 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

  20. 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.

  1. 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...

  2. 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,

  3. 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

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

    Science.gov (United States)

    2010-04-01

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

  5. The Legal Position of Migrants in Denmark: Assessing the Context around the "Cartoon Crisis"

    DEFF Research Database (Denmark)

    Adamo, Silvia

    2007-01-01

    Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident. The anal......Abstract What can we infer from the legal status of migrants living in Denmark? This article argues that understanding recent developments in Danish immigration law is essential for comprehending contemporary political tensions in this policy area, including notably the cartoon incident....... The analysis offered focuses on general principles and practical notions of Danish immigration and refugee law, integration policies and regulations in light of international legal obligations, rules on family reunification, and the growing importance of citizenship status and anti-terrorism measures. Keywords...... Rights of migrants - Immigration Law - Citizenship Law - Integration policies - Denmark...

  6. 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.

  7. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

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

  8. 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.

  9. 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

  10. 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.

  11. 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

  12. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

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

  13. 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

  14. 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...

  15. 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.

  16. Medical-Legal Partnerships At Veterans Affairs Medical Centers Improved Housing And Psychosocial Outcomes For Vets.

    Science.gov (United States)

    Tsai, Jack; Middleton, Margaret; Villegas, Jennifer; Johnson, Cindy; Retkin, Randye; Seidman, Alison; Sherman, Scott; Rosenheck, Robert A

    2017-12-01

    Medical-legal partnerships-collaborations between legal professionals and health care providers that help patients address civil legal problems that can affect health and well-being-have been implemented at several Veterans Affairs (VA) medical centers to serve homeless and low-income veterans with mental illness. We describe the outcomes of veterans who accessed legal services at four partnership sites in Connecticut and New York in the period 2014-16. The partnerships served 950 veterans, who collectively had 1,384 legal issues; on average, the issues took 5.4 hours' worth of legal services to resolve. The most common problems were related to VA benefits, housing, family issues, and consumer issues. Among a subsample of 148 veterans who were followed for one year, we observed significant improvements in housing, income, and mental health. Veterans who received more partnership services showed greater improvements in housing and mental health than those who received fewer services, and those who achieved their predefined legal goals showed greater improvements in housing status and community integration than those who did not. Medical-legal partnerships represent an opportunity to expand cross-sector, community-based partnerships in the VA health care system to address social determinants of mental health.

  17. The Impact of Marijuana Legalization on Adolescent Use, Consequences, and Perceived Risk.

    Science.gov (United States)

    Estoup, Ashley C; Moise-Campbell, Claudine; Varma, Malini; Stewart, David G

    2016-12-05

    Currently, only four states have legalized recreational marijuana use for adults over 21 years of age. Therefore, little is known about the influence that legalization will have on adolescent marijuana use. This study examines how marijuana legalization has impacted the frequency and consequences of adolescent use in a sample of participants in a school-based, substance use intervention. We hypothesized that adolescents enrolled in the intervention in years after marijuana legalization would present with more problematic use compared to those enrolled prior, and that changes in the perceived risk of marijuana would be a mechanism of problematic use. Participants were 262 students enrolled in a school-based substance use intervention in 2010 to 2015. The Customary Drinking and Drug Use Record, Alcohol and Drug Use Consequences Questionnaire, and a decisional balance matrix were used to assess marijuana frequency, negative consequences, and perceived risk of use. A mediation model was used to test the degree to which marijuana legalization may lead to increased frequency and consequences of use through perceived risk. Findings indicated a significantly positive correlation between marijuana-related consequences and perceived risk post legalization. Despite relatively equal use between both groups, adolescents in the legalization group experienced higher levels of perceived risk and increased negative consequences. Due to the rising legalization status of marijuana in the United States, it is imperative that psychoeducation is provided to adults and adolescents about the consequences of underage marijuana use.

  18. 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

  19. Genesis of scientific research of legal problems of reserves

    Directory of Open Access Journals (Sweden)

    Олександр Олександрович Пономаренко

    2017-12-01

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

  20. 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.

  1. 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.

  2. 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.

  3. Symmetric Logic Synthesis with Phase Assignment

    OpenAIRE

    Benschop, N. F.

    2001-01-01

    Decomposition of any Boolean Function BF_n of n binary inputs into an optimal inverter coupled network of Symmetric Boolean functions SF_k (k \\leq n) is described. Each SF component is implemented by Threshold Logic Cells, forming a complete and compact T-Cell Library. Optimal phase assignment of input polarities maximizes local symmetries. The "rank spectrum" is a new BF_n description independent of input ordering, obtained by mapping its minterms onto an othogonal n \\times n grid of (transi...

  4. 48 CFR 42.602 - Assignment and location.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Assignment and location... Assignment and location. (a) A CACO may be assigned only when (1) the contractor has at least two locations..., or a full-time CACO may be assigned. In determining the location of the CACO, the responsible agency...

  5. Testing the Effectiveness of Online Assignments in Theory of Finance

    Science.gov (United States)

    Batu, Michael; Bower, Nancy; Lun, Esmond; Sadanand, Asha

    2018-01-01

    The authors investigated the effectiveness of online versus paper assignments using final examination scores in three cohorts of theory of finance. In particular, two cohorts were exposed to online assignments while another cohort was exposed to traditional assignments. The central result is that exposure to online assignments robustly leads to…

  6. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  7. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    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...

  8. Assigned value improves memory of proper names.

    Science.gov (United States)

    Festini, Sara B; Hartley, Alan A; Tauber, Sarah K; Rhodes, Matthew G

    2013-01-01

    Names are more difficult to remember than other personal information such as occupations. The current research examined the influence of assigned point value on memory and metamemory judgements for names and occupations to determine whether incentive can improve recall of proper names. In Experiment 1 participants studied face-name and face-occupation pairs assigned 1 or 10 points, made judgements of learning, and were given a cued recall test. High-value names were recalled more often than low-value names. However, recall of occupations was not influenced by value. In Experiment 2 meaningless nonwords were used for both names and occupations. The name difficulty disappeared, and value influenced recall of both names and occupations. Thus value similarly influenced names and occupations when meaningfulness was held constant. In Experiment 3 participants were required to use overt rote rehearsal for all items. Value did not boost recall of high-value names, suggesting that differential processing could not be implemented to improve memory. Thus incentives may improve memory for proper names by motivating people to engage in selective rehearsal and effortful elaborative processing.

  9. METHOD FOR SOLVING FUZZY ASSIGNMENT PROBLEM USING MAGNITUDE RANKING TECHNIQUE

    OpenAIRE

    D. Selvi; R. Queen Mary; G. Velammal

    2017-01-01

    Assignment problems have various applications in the real world because of their wide applicability in industry, commerce, management science, etc. Traditional classical assignment problems cannot be successfully used for real life problem, hence the use of fuzzy assignment problems is more appropriate. In this paper, the fuzzy assignment problem is formulated to crisp assignment problem using Magnitude Ranking technique and Hungarian method has been applied to find an optimal solution. The N...

  10. USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    EMILIAN CIONGARU

    2013-05-01

    Full Text Available In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.

  11. THE LEGALITY OF DIVORCE IN THE PERSPECTIVE OF HADITH

    Directory of Open Access Journals (Sweden)

    Ridwan Hasbi

    2016-05-01

    Full Text Available Cerai talak (formula for divorce and Cerai gugat (sue for divorce are two terms of termination of marriage bond in Indonesia. The formula of divorce is a term that coincides with a divorce coming from the will of a husband and sue for divorce is the desire of a wife to separate from her husband. Islamic Law legalizes the right of wives in cases of divorce redeem (khulu‘ and fasakh because of syiqaq. On the other side, there are signs setting the rights up, so that the given reasons to use the rights must be legal in syar‘i. The reasons for the legality of divorce is a common-cause factor, so that the banning with threatening hadiths as well as those of the hadiths that say wives must obey their husbands, the wives should not hurt their husband and the wives are prisoners of husbands are all categorized into general. At another angle, there also the hadiths concerning with the status a couple husband and wife is heaven and hell for them in a household. Contextualization of hadiths that ban a wife asking for divorce without any legal cause from Syar‘i, and also those of the hadiths legalize khulu‘ are the realization of the conjugal lives with regards to the mandate of Allah and religious values. The facts of a wife sue for divorce to her husband are the conditions related to a confusion occurred in a household which are influenced by a variety of factors, i.g. economy, adultery, polygamy, social strata and others. A sue for divorce which is Syar’i based condition is a disagreement prolonged strife after peace held between the two sides and act endangers a wife

  12. Do undocumented migrants earn lower wages than legal immigrants? New evidence from Mexico.

    Science.gov (United States)

    Massey, D S

    1987-01-01

    "This article examines the extent to which undocumented status lowers wage rates among immigrants to the United States from four Mexican communities. Regression equations were estimated to determine the effect of legal status on wages independent of other demographic, social and economic variables, and special efforts were made to control for possible sample selection biases. Findings suggest that the data are relatively free from selectivity problems that have characterized earlier studies, and that legal status had no direct effect on wage rates earned by male migrants from the four communities. Legal status also had little effect on the kind of job that migrants take in the United States, but it does play an important indirect role in determining the length of time that migrants stay in that country. By reducing the duration of stay, illegal status lowers the amount of employer-specific capital accruing to undocumented migrants, and thereby lowers wage rates relative to legal migrants." Data are for 1982-1983. excerpt

  13. STEEL BARRIER: LEGAL IMPLICATIONS FROM A GENDER EQUAL OPPORTUNITY PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    María Bastida

    2015-01-01

    Full Text Available In recent decades, legal Acts, norms, and regulations have proliferated in order to ensure equal opportunities for women and men in multiple contexts, including public and private organizations. Nevertheless, there is sufficient evidence to suggest that, to date, real and legal equality do not match. The current context of the global economy suggests that there may now be a new barrier, related to the fact that women have been partially excluded from positions abroad which would facilitate the acquisition of professional and personal skills which are essential in the present century. This new inequality in access to senior management seems to be in contradiction with the different pressures and initiatives put in place to achieve equality of opportunities between women and men, protected in our national and international laws. In this paper, the main causes excluding women from international assignments, and consequently from senior management, are reviewed, highlighting the motivational and legal aftereffects that this trend may have. En las últimas décadas han proliferado diversas disposiciones legales y normativas con el objetivo de garantizar la igualdad de oportunidades entre mujeres y hombres en múltiples contextos, entre ellos el que atañe a las organizaciones públicas y privadas. Pese a ello, existe suficiente evidencia de que la igualdad real no se acerca, hasta la fecha, a la legal. El contexto actual de economía globalizada sugiere que puede aparecer una nueva barrera, al quedar la mujer excluida parcialmente de puestos en el extranjero que le facilitan la adquisición de capacidades profesionales y personales imprescindibles en el siglo actual. Esta nueva desigualdad en el acceso a puestos de alta dirección no parece responder a las distintas presiones e iniciativas por conseguir la igualdad de oportunidades entre hombres y mujeres, protegida en nuestro ordenamiento jurídico nacional e internacional. En este trabajo revisamos

  14. 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...

  15. 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...

  16. 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...

  17. 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.

  18. 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

  19. "Non qua servus est, sed qua homo." Der rechtliche Status von Sklaven bei Luis de Molina

    OpenAIRE

    Simmermacher, Danaë

    2014-01-01

    Luis de Molina (1535-1600) grants slaves a legal status through which they can take up a position with respect to their masters between equivalent legal entity and legal object. Here, what is decisive is the figure of the subjective right, which both for Molina and modern proponents of this legal concept describes the 'right per se'. According to Molina's definition of ius, the denial of a subjective right or the hindrance of exercising an individual right represents an injustice. The rights ...

  20. Legal Permissibility of Unilateral Humanitarian Interventions

    Directory of Open Access Journals (Sweden)

    Petra Perisic

    2013-03-01

    Full Text Available The paper explores the status of unilateral humanitarian interventions in international law. The United Nations Charter prohibits the use of force, except in case of self-defense and the collective action authorized by the Security Council. The question is whether the non-existence of unilateral humanitarian intervention among these exceptions means that they are not in conformity with the Charter and if so, whether the right to such interventions exists as the part of customary law. The issue has become even more controversial after the adoption of the “responsibility to protect” principle. Findings of legal scholars on this issue differ significantly. This paper analyzes and interprets the Charter provisions in order to answer the question of compatibility of humanitarian interventions with the Charter and examines the state practice in order to conclude whether the customary law rule allowing the humanitarian intervention exists. The conclusion of the paper is that there is no evidence to support the contentions that interventions without the Security Council authorization are permissible, although there are elements which point to the possibility of the creation of customary law allowing them.

  1. Structural Encoding of Static Single Assignment Form

    DEFF Research Database (Denmark)

    Gal, Andreas; Probst, Christian; Franz, Michael

    2005-01-01

    Static Single Assignment (SSA) form is often used as an intermediate representation during code optimization in Java Virtual Machines. Recently, SSA has successfully been used for bytecode verification. However, constructing SSA at the code consumer is costly. SSAbased mobile code transport formats...... Java bytecode. While the resulting bytecode sequence can still be directly executed by traditional Virtual Machines, our novel VM can infer SSA form and confirm its safety with virtually no overhead....... have been shown to eliminate this cost by shifting SSA creation to the code producer. These new formats, however, are not backward compatible with the established Java class-file format. We propose a novel approach to transport SSA information implicitly through structural code properties of standard...

  2. Rationalization of some genetic anticodonic assignments

    Science.gov (United States)

    Lacey, J. C., Jr.; Hall, L. M.; Mullins, D. W., Jr.

    1985-01-01

    The hydrophobicity of most amino acids correlates well with that of their anticodon nucleotides, with Trp, Tyr, Ile, and Ser being the exceptions to this rule. Using previous data on hydrophobicity and binding constants, and new data on rates of esterification of polyadenylic acid with several N-acetylaminoacyl imidazolides, several of the anticodon assignments are rationalized. Chemical reasons are shown supporting the idea of the inclusion of the Ile in the catalog of biological amino acids late in the evolution, through a mutation of the existing tRNA and its aminoacyl-tRNA-synthetase. It was found that an addition of hexane increases the incorporation of hydrophobic Ac-Phe into poly-A, in support of the Fox (1965) and Oparin (1965) emphasis on the biogenetic importance of phase-separated systems.

  3. Assignment of uncertainties to scientific data

    International Nuclear Information System (INIS)

    Froehner, F.H.

    1994-01-01

    Long-standing problems of uncertainty assignment to scientific data came into a sharp focus in recent years when uncertainty information ('covariance files') had to be added to application-oriented large libraries of evaluated nuclear data such as ENDF and JEF. Question arouse about the best way to express uncertainties, the meaning of statistical and systematic errors, the origin of correlation and construction of covariance matrices, the combination of uncertain data from different sources, the general usefulness of results that are strictly valid only for Gaussian or only for linear statistical models, etc. Conventional statistical theory is often unable to give unambiguous answers, and tends to fail when statistics is bad so that prior information becomes crucial. Modern probability theory, on the other hand, incorporating decision information becomes group-theoretic results, is shown to provide straight and unique answers to such questions, and to deal easily with prior information and small samples. (author). 10 refs

  4. Solving multiconstraint assignment problems using learning automata.

    Science.gov (United States)

    Horn, Geir; Oommen, B John

    2010-02-01

    This paper considers the NP-hard problem of object assignment with respect to multiple constraints: assigning a set of elements (or objects) into mutually exclusive classes (or groups), where the elements which are "similar" to each other are hopefully located in the same class. The literature reports solutions in which the similarity constraint consists of a single index that is inappropriate for the type of multiconstraint problems considered here and where the constraints could simultaneously be contradictory. This feature, where we permit possibly contradictory constraints, distinguishes this paper from the state of the art. Indeed, we are aware of no learning automata (or other heuristic) solutions which solve this problem in its most general setting. Such a scenario is illustrated with the static mapping problem, which consists of distributing the processes of a parallel application onto a set of computing nodes. This is a classical and yet very important problem within the areas of parallel computing, grid computing, and cloud computing. We have developed four learning-automata (LA)-based algorithms to solve this problem: First, a fixed-structure stochastic automata algorithm is presented, where the processes try to form pairs to go onto the same node. This algorithm solves the problem, although it requires some centralized coordination. As it is desirable to avoid centralized control, we subsequently present three different variable-structure stochastic automata (VSSA) algorithms, which have superior partitioning properties in certain settings, although they forfeit some of the scalability features of the fixed-structure algorithm. All three VSSA algorithms model the processes as automata having first the hosting nodes as possible actions; second, the processes as possible actions; and, third, attempting to estimate the process communication digraph prior to probabilistically mapping the processes. This paper, which, we believe, comprehensively reports the

  5. Geothermal energy in Idaho: site data base and development status

    Energy Technology Data Exchange (ETDEWEB)

    1979-07-01

    The various factors affecting geothermal resource development are summarized for Idaho, including: resource data base, geological description, reservoir characteristics, environmental character, lease and development status, institutional factors, legal aspects, population and market, and development. (MHR)

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. Social Status and the Demand for Security and Privacy

    DEFF Research Database (Denmark)

    Grossklags, Jens; Barradale, Nigel J.

    2014-01-01

    . The method of investigation used is experimental, with 146 subjects interacting in high- or low-status assignments and the subsequent change in the demand for security and privacy being related to status assignment with a significant t-statistic up to 2.9, depending on the specification. We find that a high...

  11. Abused nurses take no legal steps: a domestic violence study carried out in eastern Turkey.

    Science.gov (United States)

    Selek, Salih; Vural, Mehmet; Cakmak, Ilknur

    2012-12-01

    Our aim was to evaluate domestic violence among nurses in eastern Turkey. Ninety six (96) female nurses with an intimate partner were enrolled. Modified form of Abuse Assessment Screen Questionnaire was used. Twenty two (22.7%) of the participants reported domestic violence. None of them took legal steps. Most frequent domestic violence type was economic abuse (46%). Nurses, whose mothers were exposed to domestic violence, had significantly higher abuse rates. The abused group had also significantly higher smoking and miscarriage rates. Nurses need to be well informed for taking legal steps in case of domestic violence. Family history, smoking status and abortion rates may be further research focus for risk factors of domestic violence. Legal interventions should be optimized in order to encourage the victims to take legal steps.

  12. 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.

  13. 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.

  14. THE ORTHOGRAPHIC NORM IN SECONDARY SCHOOL STUDENTS’ WRITTEN ASSIGNMENTS

    Directory of Open Access Journals (Sweden)

    Ivana Đorđev

    2016-06-01

    Full Text Available This paper presents the results of research conducted with the primary objective to determine in which areas secondary school students usually make orthographic mistakes when writing (official written assignments. Starting from the hypothesis that the punctuation writing of whole and split words are areas in which secondary school students (regardless of age and school orientation achieved the weakest achievements an (exploratory research was conducted on a corpus of 3,135 written assignments written in the school year of 2010/11. The research sample was intentional, descriptive and analytical methods were used for the description and the analysis of the results. The results showed the following (1 secondary school students usually make mistakes in punctuation of written assignments - we recorded 4,487 errors in the use of signs to denote intonation and meaning of a text (errors of this type make 53.93% of the total number of spelling errors reported in the corpus of research; by frequency of errors the second are errors related to writing whole and split words (11.02%, the third error is in the use of the capital letter (9.34%; (2 most problems in orthography have second grade students, quantum of mistakes is almost the same with first graders and seniors, but in all grades the most frequent errors are in punctuation, writing of whole and split words and the use of capital letters; (3 Although school orientation affects the spelling skills of pupils, the weakest orthographic achievements are also recorded in punctuation, writing of whole and split words and capitalization, so those are areas that need to be thoroughly addressed in teaching and methodology literature. The results are, on the one hand, a picture of the current status of teaching orthography and grammar knowledge of secondary school students. On the other hand, the research results can be applied in all phases of methodical practical work in teaching orthography, the upgrading the

  15. 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...

  16. 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.

  17. 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...

  18. 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.

  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 guarantees for the protection of the rights to life and to health care of the child extracted alive as a result of abortion

    Directory of Open Access Journals (Sweden)

    Igor Ponkin

    2015-05-01

    SUMMARY: 1. Problem description - 2. State of Russian Legislation regulating of the legal status of the child extracted alive as a result of abortion - 3. Legal basis for the recognition of human dignity and the right to life of the child extracted alive as a result of abortion - 4. Legal guarantees of recognition of the right to life and human dignity of the child extracted alive as a result of abortion and emergency medical care in foreign legislation - 5. Conclusions.

  3. 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.

  4. 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

  5. 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.

  6. 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.

  7. 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.

  8. 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....

  9. Dual earners’ willingness to accept an international assignment.

    NARCIS (Netherlands)

    van der Velde, E.G.; Bossink, C.J.H.; Jansen, P.G.W.

    2005-01-01

    Multinational organisations experience difficulties in finding managers willing to accept international assignments. This study has therefore focused on factors that can predict males' and females' willingness to accept international assignments, or to follow their partners on international

  10. Efficient Mechanisms to Allocate Assignment Incentives in the Navy

    National Research Council Canada - National Science Library

    Nimon, R. W; Hall, Ricky D; Zaki, Hossam

    2005-01-01

    .... All assignments, however, may not necessarily be voluntary. These assignments (jobs) have been labeled as "hard to fill" by Navy leadership, and the Navy has implemented market-based, cash stipends to attract Sailors to these jobs...

  11. 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

  12. 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.

  13. Subjects of the State within the Russian Federation: Constitutional and Legal Framework

    Science.gov (United States)

    Tumanov, Dmitriy Yu.; Sakhapov, Rinat R.

    2016-01-01

    The purpose of this study is to analyze the modern problems of federalism in the Russian Federation. In particular, the article examines the main provisions of the Constitution of the Russian Federation, which regulate the legal status of subjects in the Russian Federation, their rights and responsibilities, limits of autonomy and differentiation…

  14. Follow-Up Study of 1983 Legal Technology Graduates. Volume 12, No. 14.

    Science.gov (United States)

    Hildebrandt, Sharrie; Lucas, John A.

    A follow-up study was conducted at William Rainey Harper College (WRHC) to determine the employment and educational status of graduates of the Legal Technology (LTE) program 6 months after receiving their degree. Attempts were made to contact all 59 1983 LTE graduates for telephone interviews and compare their responses to findings from previous…

  15. The Educational Rights of Students: International Perspectives on Demystifying the Legal Issues

    Science.gov (United States)

    Russo, Charles J., Ed.; Stewart, Douglas J., Ed.; De Groof, Jan, Ed.

    2006-01-01

    Education law has emerged as an important concern to educators in many countries around the world. While there are similarities in the range of rights that students in various countries have, there are also many differences. This book provides a comprehensive examination the status of the legal rights of students in 13 international communities.…

  16. Health Insurance Disparities among Immigrants: Are Some Legal Immigrants More Vulnerable than Others?

    Science.gov (United States)

    Pandey, Shanta; Kagotho, Njeri

    2010-01-01

    This study examined health insurance disparities among recent immigrants. The authors analyzed all working-age adult immigrants between the ages of 18 and 64 using the New Immigrant Survey data collected in 2003. This survey is a cross-sectional interview of recent legal permanent residents on their social, economic, and health status. Respondents…

  17. Comparing Examples: WebAssign versus Textbook

    Science.gov (United States)

    Richards, Evan; Polak, Jeff; Hardin, Ashley; Risley, John, , Dr.

    2005-11-01

    Research shows students can learn from worked examples.^1 This pilot study compared two groups of students' performance (10 each) in solving physics problems. One group had access to interactive examples^2 released in WebAssign^3, while the other group had access to the counterpart textbook examples. Verbal data from students in problem solving sessions was collected using a think aloud protocol^4 and the data was analyzed using Chi's procedures.^5 An explanation of the methodology and results will be presented. Future phases of this pilot study based upon these results will also be discussed. ^1Atkinson, R.K., Derry, S.J., Renkl A., Wortham, D. (2000). ``Learning from Examples: Instructional Principles from the Worked Examples Research'', Review of Educational Research, vol. 70, n. 2, pp. 181-214. ^2Serway, R.A. & Faughn, J.S. (2006). College Physics (7^th ed.). Belmont, CA: Thomson Brooks/Cole. ^3 see www.webassign.net ^4 Ericsson, K.A. & Simon, H.A. (1984). Protocol Analysis: Verbal Reports as Data. Cambridge, Massachusetts: The MIT Press. ^5 Chi, Michelene T.H. (1997). ``Quantifying Qualitative Analyses of Verbal Data: A Practical Guide,'' The Journal of the Learning Sciences, vol. 6, n. 3, pp. 271-315.

  18. Radiation protection. Scientific fundamentals, legal regulations, practical applications. Compendium

    International Nuclear Information System (INIS)

    Buchert, Guido; Gay, Juergen; Kirchner, Gerald; Michel, Rolf; Niggemann, Guenter; Schumann, Joerg; Wust, Peter; Jaehnert, Susanne; Strilek, Ralf; Martini, Ekkehard

    2011-06-01

    The compendium on radiation protection, scientific fundamentals, legal regulations and practical applications includes contributions to the following issues: (1) Effects and risk of ionizing radiation: fundamentals on effects and risk of ionizing radiation, news in radiation biology, advantages and disadvantages of screening investigations; (2) trends and legal regulations concerning radiation protection: development of European and national radiation protection laws, new regulations concerning X-rays, culture and ethics of radiation protection; (3) dosimetry and radiation measuring techniques: personal scanning using GHz radiation, new ''dose characteristics'' in practice, measuring techniques for the nuclear danger prevention and emergency hazard control; (4) radiation exposure in medicine: radiation exposure of modern medical techniques, heavy ion radiotherapy, deterministic and stochastic risks of the high-conformal photon radiotherapy, STEMO project - mobile CT for apoplectic stroke patients; (5) radiation exposure in technology: legal control of high-level radioactive sources, technical and public safety using enclosed radioactive sources for materials testing, radiation exposure in aviation, radon in Bavaria, NPP Fukushima-Daiichi - a status report; (6) radiation exposure in nuclear engineering: The Chernobyl accident - historical experiences or sustaining problem? European standards for radioactive waste disposal, radioactive material disposal in Germany risk assessment of ionizing and non-ionizing radiation (7) Case studies.

  19. SCRAED - Simple and Complex Random Assignment in Experimental Designs

    OpenAIRE

    Alferes, Valentim R.

    2009-01-01

    SCRAED is a package of 37 self-contained SPSS syntax files that performs simple and complex random assignment in experimental designs. For between-subjects designs, SCRAED includes simple random assignment (no restrictions, forced equal sizes, forced unequal sizes, and unequal probabilities), block random assignment (simple and generalized blocks), and stratified random assignment (no restrictions, forced equal sizes, forced unequal sizes, and unequal probabilities). For within-subject...

  20. Punishment and Aversive Stimulation in Special Education: Legal, Theoretical and Practical Issues in Their Use with Emotionally Disturbed Children and Youth.

    Science.gov (United States)

    Wood, Frank H., Ed.; Lakin, K. Charlie, Ed.

    Seven papers from a 1978 conference focus on the use of punishment in special education programs for emotionally disturbed students. In "The Legal Status of the Use of Corporal Punishment and Other Aversive Procedures in Schools," F. Wood and K. Lakin review laws, regulations, and court decisions that bear on the legality of the use of…

  1. Optimal assignment of incoming flights to baggage carousels at airports

    DEFF Research Database (Denmark)

    Barth, Torben C.

    The problem considered in this report is an assignment problem occurring at airports. This problem concerns the assignment of baggage carousels in baggage claim halls to arriving aircraft (baggage carousel assignment problem). This is a highly dynamic problem since disruptions frequently occur du...... and in general is a substantial support in decision making....

  2. Computational Aspects of Assigning Agents to a Line

    DEFF Research Database (Denmark)

    Aziz, Haris; Hougaard, Jens Leth; Moreno-Ternero, Juan D.

    2017-01-01

    -egalitarian assignments. The approach relies on an algorithm which is shown to be faster than general purpose algorithms for the assignment problem. We also extend the approach to probabilistic assignments and explore the computational features of existing, as well as new, methods for this setting....

  3. Computational aspects of assigning agents to a line

    DEFF Research Database (Denmark)

    Aziz, Haris; Hougaard, Jens Leth; Moreno-Ternero, Juan D.

    2017-01-01

    -egalitarian assignments. The approach relies on an algorithm which is shown to be faster than general purpose algorithms for the assignment problem. We also extend the approach to probabilistic assignments and explore the computational features of existing, as well as new, methods for this setting....

  4. The Presentation Assignment: Creating Learning Opportunities for Diverse Student Populations.

    Science.gov (United States)

    Spencer, Brenda H.; Bartle-Angus, Kathryn

    2000-01-01

    Finds the presentation assignment to be an effective method of providing students with the opportunity to apply the literacy skills they are learning in ways that are personally meaningful. Describes the presentation assignment framework and provides an example of an assignment that required students to analyze and interpret works of literature…

  5. Assignment Procedures in the Air Force Procurement Management Information System.

    Science.gov (United States)

    Ward, Joe H., Jr.; And Others

    An overview is presented of the procedure for offering jobs in the Air Force Procurement Management Information System (PROMIS), an assignment system which makes possible the use of human resources research findings to improve individual personnel assignments. A general framework for viewing personnel assignment systems is presented; then job…

  6. 75 FR 55354 - Delegation of Authority and Assignment of Responsibilities

    Science.gov (United States)

    2010-09-10

    ... DEPARTMENT OF LABOR Office of the Secretary Delegation of Authority and Assignment of Responsibilities Secretary's Order 3-2010 Subject: Delegation of Authority and Assignment of Responsibilities to... Secretary to enforce sections 18A and 18B of the FLSA. 4. Delegation of Authority and Assignment of...

  7. 75 FR 55355 - Delegation of Authority and Assignment of Responsibility

    Science.gov (United States)

    2010-09-10

    ... DEPARTMENT OF LABOR Office of the Secretary Delegation of Authority and Assignment of Responsibility Secretary's Order 4-2010 Subject: Delegation of Authority and Assignment of Responsibility to the... delegations and assignments in full force and effect, except as expressly modified herein. 4. Delegation of...

  8. A Computerized Approach to Trickle-Process, Random Assignment.

    Science.gov (United States)

    Braucht, G. Nicholas; Reichardt, Charles S.

    1993-01-01

    Procedures for implementing random assignment with trickle processing and ways they can be corrupted are described. A computerized method for implementing random assignment with trickle processing is presented as a desirable alternative in many situations and a way of protecting against threats to assignment validity. (SLD)

  9. 7 CFR 900.106 - Assignment of mediator.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Assignment of mediator. 900.106 Section 900.106 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing... Assignment of mediator. The Director of the Division shall assign a mediator, from the group designated by...

  10. A property of assignment type mixed integer linear programming problems

    NARCIS (Netherlands)

    Benders, J.F.; van Nunen, J.A.E.E.

    1982-01-01

    In this paper we will proof that rather tight upper bounds can be given for the number of non-unique assignments that are achieved after solving the linear programming relaxation of some types of mixed integer linear assignment problems. Since in these cases the number of splitted assignments is

  11. One of My Favorite Assignments: Automated Teller Machine Simulation.

    Science.gov (United States)

    Oberman, Paul S.

    2001-01-01

    Describes an assignment for an introductory computer science class that requires the student to write a software program that simulates an automated teller machine. Highlights include an algorithm for the assignment; sample file contents; language features used; assignment variations; and discussion points. (LRW)

  12. Student generated assignments about electrical circuits in a computer simulation

    NARCIS (Netherlands)

    Vreman-de Olde, Cornelise; de Jong, Anthonius J.M.

    2004-01-01

    In this study we investigated the design of assignments by students as a knowledge-generating activity. Students were required to design assignments for 'other students' in a computer simulation environment about electrical circuits. Assignments consisted of a question, alternatives, and feedback on

  13. THE COURT OF JUSTICE OF THE EUROPEAN UNION AND INTERNATIONAL LEGAL ORDER

    Directory of Open Access Journals (Sweden)

    TETYANA KOMAROVA

    2017-01-01

    Full Text Available The author discusses the relationship between two legal orders: international law and European Union (EU law. The main provisions of this relationship have been established through the precedential practice of the Court of Justice of the European Union – the EU’s main judicial body. This kind of research seems important because of the gap in the theory of international law caused by the immutable dogma of the supremacy of international law. However, modern legal practice demonstrates a certain fragmentation of the international legal order because of the impact of the existence and development of regional supranational legal orders. The EU legal order, with its own special nature (sui generis, is undoubtedly one of the most developed among them. The Court of Justice of the European Union performs a crucial role in the EU legal system concerning application and interpretation of EU law. It provides a uniform interpretation of this law for the purposes of development of supranational integration. In this context the Court of Justice the European Union establishes the status of European law and its relationship with the national legal systems and international law. The Court acts as protector of the EU legal order against the influence of other legal orders. The Court’s precedential practice reveals EU law’s tendency towards its constitutionalization and the development of its autonomy. The latest practice indicates the Court’s powers to review the EU institutions’ acts in relation to the implementation of UN Security Council resolutions. This proves the Court’s ability to establish indirect control even over UN acts.

  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. 3 October 2013 - Ukrainian Vice Prime Minister Ukraine K. I. Gryschenko welcomed by CERN Director-General R. Heuer who introduces Head of International Relations R. Voss; Head of Technology Department F. Bordry; Deputy Head of International Relations E. Tsesmelis; Deputy Legal Counsel M. Wilbers; Adviser for Ukraine T. Kurtyka; Signing of the Agreement between Ukraine and CERN concerning the granting of the status of Associate Member at CERN; in the LHC tunnel at Point 5 and visiting CMS experimental area with CERN Team Leader A. Petrilli.

    CERN Multimedia

    Anna Pantelia

    2013-01-01

    3 October 2013 - Ukrainian Vice Prime Minister Ukraine K. I. Gryschenko welcomed by CERN Director-General R. Heuer who introduces Head of International Relations R. Voss; Head of Technology Department F. Bordry; Deputy Head of International Relations E. Tsesmelis; Deputy Legal Counsel M. Wilbers; Adviser for Ukraine T. Kurtyka; Signing of the Agreement between Ukraine and CERN concerning the granting of the status of Associate Member at CERN; in the LHC tunnel at Point 5 and visiting CMS experimental area with CERN Team Leader A. Petrilli.

  16. [Preparation and assignment of medical reports: basis for settlement of compensation claims].

    Science.gov (United States)

    Thomann, K D

    2011-03-01

    Medical reporting represents an essential element in the settlement of personal claims. Moreover, the report prepares the basis for determing the compensation which is appropriate to the injury. The practice of instructing the expert medical assessor to obtain the medical documents required has proved a failure and causes delays in completion of the report. The doctor who is the expert medical assessor is often unsuccessful in obtaining these vital documents. In doubtful cases the expert will deliver his report without access to the vital documents. Incomplete reports affect the settlement adversely and promote unnecessary legal disputes. Many errors can be avoided if the officials of the relevant insurance company prepare the report assignment carefully. Such preparation includes clarification of the accident circumstances, requests for copies of the primary diagnosis and requests for hospital and medical reports, including full details of surgery carried out. Printouts of the daily reports by the doctors involved are also required. Of course these doctors must be released from the obligation to treat medical records confidentially. Furthermore, if the original documents are used, results of the injury which may seem insignificant will not be overlooked. The report assignment and primary medical documents should be sent to the medical assessor at the same time. The report assignment contains a detailed questionnaire which takes into account the particular aspects of the individual claim.

  17. On the Need for Legal Regulation of Virtual Currencies

    Directory of Open Access Journals (Sweden)

    Elena V. Voskresenskaya

    2018-06-01

    Full Text Available The scientific article proves the necessity of legal regulation of relations connected with the use of virtual currencies (crypto-currency. The article examines the constituent elements of the definition of “virtual currency” (crypto-currency from the position of the object of civil rights. The Author proposes to carry out the legitimation of virtual currency along the way of the object of civil rights and formulates the conclusion that the virtual currency belongs to other property. To construct a definition of a virtual currency, the following constitutive elements should be used: the assignment of a virtual currency to property, the means of payment by an undefined circle of persons, the main functional feature of a virtual currency is the ability to serve as a means of payment on a certain scale, however, this property is not electronic money. Thus, an author's definition of the considered definition of civil law is offered.

  18. 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…

  19. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... 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...

  20. 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....

  1. 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...

  2. 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...

  3. 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…

  4. 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

  5. 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...

  6. 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...

  7. 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...

  8. 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)

  9. 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 ...

  10. 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…

  11. 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

  12. 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?

  13. 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

  14. 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

  15. 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.

  16. 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

  17. 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)

  18. 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, ...

  19. 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…

  20. 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.

  1. 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

  2. Southern African Development Community (SADC) trade legal ...

    African Journals Online (AJOL)

    Article XXIV of the General Agreement on Tariffs and Trade (GATT) lays down the legal principles with which regional trade agreements have to conform. Based on these principles, WTO members have the mandate to determine the legality of Regional Trade Agreements (RTAs) under the GATT. Article XXIV permits both ...

  3. Teaching the Legal Aspects of Business Communication.

    Science.gov (United States)

    Harcourt, Jules

    1990-01-01

    Maintains that the basic business communication course is the ideal course in which to discuss the legal aspects of business communication. Reviews some of the most important legal considerations: contract communications, credit and collections communication, employment communication, and other interpersonal communication. (SR)

  4. Suretyship in Serbian and comparative legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan

    2014-01-01

    Full Text Available The author has compared the institute of suretyship in Serbian law and other comparative legal systems, both continental and common-law. With the development of economy, these instruments of creditor's protection in the contractual relationship have gained full promotion. The analysis of the similarities and differences in the treatment of suretyship implies a relationship between the European legal systems.

  5. Legal and legal-ethical aspects of risk assessment

    International Nuclear Information System (INIS)

    Seiler, H.

    1991-01-01

    The article examines why human beings accept risks. An assessment of risk is always carried out in connection with the benefits to be had from an action which is a potential risk. Decisions on the acceptability of risks are the consequence of political assessments. An assessment of risk on a legal basis is only possible to a limited degree. What is important are the criteria according to which the acceptability of risks is determined. In this context, the concept of damage proves itself to be of central importance; this concept includes the question as to the degree to which such damage can be tolerated socially and politically, the question of future damage as well as the degree to which such damage is reversible. It would be ideal if those persons who are affected by potential damage were to be the ones to make such decisions, but this is extremely difficult to put into practice. Special care must be taken in regard to decisions which have repercussions for future generations or for the state of nature. In this case, the decision which those persons who are potentially affected would most probably make must be anticipated and taken into account as if they were here to participate in the decision-making process. (orig./HSCH) [de

  6. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical...... to transform during the second half of the twentieth century so as to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows......, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights...

  7. Responsive Legal Approach to Law of Human Trafficking in Indonesia

    Science.gov (United States)

    Farhana

    2018-01-01

    Formation and legal changes influenced by the social and political dynamics. Law understood as the rules are rigid and too much emphasis on the legal aspects of the legal system or emphasize aspects of the legitimacy of the rules themselves, without associated with social problems. A Responsive legal approach is an approach the legal establishment…

  8. Legal aspects of financing Canadian offshore oil and gas developments

    International Nuclear Information System (INIS)

    Green, J.M.; Hudec, A.J.

    1992-01-01

    A review is presented of the significant legal considerations involved in structuring, negotiating, and documenting commercial financing of a Canadian offshore oil and gas production facility. Emphasis is placed on the Hibernia Project in the Newfoundland offshore as an example, and more specifically the $450 million bank financing completed in November 1991. The legal framework governing offshore production financing in this case was complex, due to the project's location in international waters on the continental shelf. Complex intergovernmental arrangements have been implemented between Canada and Newfoundland to govern the offshore area and regulate the project. An agreement called the Atlantic Accord allowed the Canada Newfoundland Offshore Petroleum Board (CNOPB) to grant production licenses and to regulate offshore exploration and development, with matters relating to legislation, taxation, and royalties shared between the governments. Certain other acts were enacted or extended for application to the offshore area. The CNOPB administers a registry system for transfers and security interests in offshore licenses. Security interests including property are ensured by the Hibernia Act, which makes Newfoundland's existing security interest regime applicable to the offshore. The project owners are operating Hibernia as a joint venture, and the structure of project financing and inter-creditor arrangements is examined. The competing security interest of project lenders and non-defaulting participants is discussed, along with assignment of priorities on the security in case of default

  9. Legal guardians understand how children with the human immunodeficiency virus perceive quality of life and stigma.

    Science.gov (United States)

    Rydström, Lise-Lott; Wiklander, Maria; Ygge, Britt-Marie; Navér, Lars; Eriksson, Lars E

    2015-09-01

    This aim of this study was to describe how legal guardians assessed health-related quality of life and HIV-related stigma in children with the human immunodeficiency virus (HIV) compared to the children's own ratings. A cross-sectional nationwide study was performed to compare how 37 children aged from eight to 16 years of age with perinatal HIV, and their legal guardians, assessed the children's health-related quality of life and HIV-related stigma. Data were collected using the 37-item DISABKIDS Chronic Generic Module and a short eight-item version of the HIV stigma scale. Intraclass correlations indicated concordance between the legal guardians' ratings and the children's own ratings of the child's health-related quality of life and HIV-related stigma. There were no statistically significant differences between the ratings of the two groups and gender did not have any impact on the results. Both groups indicated that the children had concerns about being open about their HIV status. The results of this study indicated that legal guardians understood how their children perceived their health-related quality of life and HIV-related stigma. The results also indicated the need for interventions to support both the children and legal guardians when it came to disclosing the child's HIV status. ©2015 The Authors. Acta Paediatrica published by John Wiley & Sons Ltd on behalf of Foundation Acta Paediatrica.

  10. DRONE OPERATORS – LEGAL RESPONSIBILITY

    Directory of Open Access Journals (Sweden)

    Andrei-Alexandru STOICA

    2016-06-01

    Full Text Available Drones or unmanned or remote vehicles represent a new generation of devices that were designed to help mankind achieve better results in areas that were proven to hazardous. By developing drones, new areas of economic activities have been unlocked for better exploitation, but at the same time, the lack of a proper legal system to back-up the new technology allowed a new wave of gray-lined uses of drones that must be tackled. As the Director of the 21st Century Defense Initiative at the Brookings Institute1 explains in an interview in 2012 that “a revolutionary technology is a game-changing technology on a historic level. It is technology like gunpowder, or the steam engine, or the atomic bomb”. With this in mind, drones mark the revolution to carry out strikes from thousands of kilometers away, while also ensuring a permanent eye in the sky for both military and also law enforcement operations. The aforementioned facts are just small percentages of what a drone is truly capable of and its full potential will only be unlocked once artificial intelligence will become an integral part of robotics.

  11. 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.

  12. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  13. New generation of ''legal'' dosemeters

    International Nuclear Information System (INIS)

    Fletcher, R.

    1991-01-01

    In the early 1980s research at the National Radiological Protection Board in the UK proved the feasibility of using solid state electronics in an entirely new dosimetry technology - capable of reaching right down into the low energy photon ranges, and able to detect beta radiation. In 1988 the NRPB undertook a joint venture with Siemens Plessey Controls to develop a marketable personal dosemeter meeting full Health and Safety Executive approval as a ''legal'' instrument. The Electronic Personal Dosemeter (EPD) was thus conceived, and will reach the pre-production stage early this year. The EPD makes use of state-of-the-art silicon integrated circuit technology, with a custom amplifier and microprocessor system. The liquid crystal display continuously shows the accumulated short-term penetrating dose in terms of the Hp (10) unit, and can also show superficial dose and dose rates. Because the EPD must be continuously powered, the custom lithium battery was commissioned to ensure a minimum service interval of 12 months. The EPD is the size and weight of a small pocket pager. Although dose data can be read directly from the EPD, a comprehensive data management system is needed to effect real-life use in industry. The EPD thus communicates by infra-red link to a reader unit which interfaces an IBM-compatible PC, allowing authorized personnel to read the dose memories and perform dose alarm threshold settings. (author)

  14. A Patchwork of Marriages: The Legal Relevance of Marriage in a Plural Legal System

    Directory of Open Access Journals (Sweden)

    Elsje Bonthuys

    2016-12-01

    Full Text Available Like many former colonies, South Africa has a plural system of family law which has historically recognized the polygynous marriages practiced by the indigenous African inhabitants of the country. However, recognition of these marriages by way of legal pluralism does not afford them equal status with the monogamous Judaeo-Christian marriage imported by European colonisers, nor does it ensure gender equality within families. Instead, the interaction between the colonial and apartheid socio-economic oppression of black people on the one hand, and legal pluralism on the other hand, produces a highly complex family law system, accurately described as ‘a patchwork of patriarchies.’ This paper argues that a far more radical transformation of family law, and one which is more likely to enhance gender equality, would be to move away from conjugality, or a sexual bond, as the basis of marriage and family law. The aim of this shift would be legal rules which recognize those relationships of kinship which have been central to African family practices and which have assisted many families to weather the multiple forms of colonial and white domination. A move away from conjugality as the primary basis of family law would also acknowledge the ever decreasing incidence of marriage and nuclear families, which characterizes contemporary South African society and would place the focus of legal regulation on the protection of socially valuable relationships, rather than the protection of marriage as an institution. Al igual que otras antiguas colonias, Sudáfrica tiene un sistema de derecho de familia plural, que ha reconocido históricamente los matrimonios en poliginia practicados por personas indígenas africanas. Sin embargo, el reconocimiento de estos matrimonios mediante pluralismo jurídico no les garantiza el mismo estatus que el matrimonio monogámico judeocristiano, ni garantiza la igualdad de género dentro de las familias. Al contrario, la

  15. On the status of Ukrainian SSR before the beginning of perestroika

    Directory of Open Access Journals (Sweden)

    А. А. Омарова

    2014-12-01

    Full Text Available The article studies legal status of Ukrainian SSR before the beginning of Perestroika. Constitutional acts, laws and other regulatory acts are analyzed which fixed the status of Ukrainian SSR within USSR. On the basis of study of regulatory sources and monographs we came to conclusion that a contradiction existed between legally fixed and actual status of Ukrainian SSR within USSR before the beginning of Perestroika.

  16. Regional legal consequences of the separation of the notion of registered office

    Directory of Open Access Journals (Sweden)

    Silvia CRISTEA

    2011-06-01

    Full Text Available Starting from the importance of defining the registered office with the commercial law, this study aims at analyzing the legal connotations of the business office in the fiscal law. The separations of the notions originate in the European regulations included in Law no 31/1990 regarding the commercial companies. Law no 105/1992 regarding the international private law, the Fiscal Code, and the International Conventions regarding the avoidance of double taxation. Depending on the fiscal legal status of the subject as either resident or non-resident, this study aims at finding what are the differences and the relations between the institutions called: registered office – business office.

  17. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

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

  18. Review of: Legal practice and cultural diversity

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2010-01-01

    This anthology comprises contributions from a conference on legal practice and cultural diversity held in London in July 2007, but the editors take their cue from the speech made in February 2008 by the Archbishop of Canterbury, Dr Rowan Williams. The questions central to the book are the same...... that arose after the speech by the Archbishop: whether or to what extent cultural difference should be recognized by legal systems. Legal practice and cultural diversity, edited by Ralph Grillo, Roger Ballard, Alessandro Ferrari, Andre´ J. Hoekema, Marcel Maussen, and Prakash Shah, Farnham, UK, Ashgate, 2009...

  19. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

    Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

  20. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  1. Expectancy and Professional Norms in Legal Translation

    DEFF Research Database (Denmark)

    Faber, Dorrit; Hjort-Pedersen, Mette

    2013-01-01

    . These parameters focus on the degree to which the use of explicitation and implicitation is considered to influence meaning transfer, authentic English legal language and style, and the informative function of the translation in a defined translational situation. Based on Chesterman’s categorization of norms...... perceived norms influence the use of explicitation and implicitation. The findings are based on experiments involving Danish translators and legal experts who were asked to evaluate three different translations into English of the same Danish legal source text on a set of defined parameters...

  2. " 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.

  3. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

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

  4. CONSIDERATIONS REGARDING THE INTERPRETATION OF LEGAL NORM

    Directory of Open Access Journals (Sweden)

    Camelia IGNĂTESCU

    2013-12-01

    Full Text Available The legal norm represents an intellectual creation of the legislator. It is expressed in legal language, according to certain rules of preparation, respecting the grammar rules specific to the language in which it is drawn up, as well as the legislative technique. The final result, thought out and wanted by the author, must be understood in direct relation to his intention. Interpretation of the law concerns the particular significance of the general form and the cognitive value of the information, of grammatical construction that expresses the legal norm.

  5. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

    The theoretical basis of, and practical experience in, legal liability in the clinical practice of radiation oncology is reviewed, with a view to developing suggestions to help practitioners limit their exposure to liability. New information regarding the number, size, and legal theories of litigation against radiation oncologists is presented. The most common legal bases of liability are then explored in greater detail, including 'malpractice', and informed consent, with suggestions of improving the specialty's record of documenting informed consent. Collateral consequences of suffering a malpractice claim (i.e., the National Practitioner Data Bank) will also be briefly discussed

  6. Theory of Social Space by P. Bourdieu as a Theoretical Background for Studying Discourse Practices in the Legal Field

    Directory of Open Access Journals (Sweden)

    Olga A. Krapivkina

    2017-12-01

    Full Text Available The paper aims at expanding the theoretical basis of discourse analysis by involving the theory of fields by P. Bourdieu who says that there is a social genesis of perception and thinking patterns and actions (habitus, on the one hand, and social structures and fields, on the other one. The speaking subject is influenced by objective relations of forces typical for a certain field – a social area with specific social relations, means and purposes. All agents of the legal field are able to use polysemy of legal formulas, tend to use the elasticity of the law, existing ambiguity and gaps in their own interests. Using expert knowledge as a manipulative resource, agents of the legal field enforce their own views on lay people. Social differences between agents of the legal field (legal experts and their clients (lay people are due to their struggle for monopoly which means increase in distance between formally specified legal rules and na−ve intuitive concepts of legal phenomena. Individuals who are prone to behavior complying with a certain matrix of social actions are a typical feature of legal discourse practices. When interacting with lay people, experts, whose actions comply with specific institutional status, control their discursive behavior.

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

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

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

  8. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  9. WebAssign: Assessing Your Students' Understanding Continuously

    Science.gov (United States)

    Risley, John S.

    1999-11-01

    Motivating students to learn is a constant challenge for faculty. Technology can play a significant role. One such solution is WebAssign — a web-based homework system that offers new teaching and learning opportunities for educators and their students. WebAssign delivers, collects, grades, and records customized homework assignments over the Internet. Students get immediate feedback with credit and instructors can implement "Just-in-Time" teaching. In this talk, I will describe how assignments can be generated with different numerical values for each question, giving each student a unique problem to solve. This feature encourages independent thinking with the benefit of collaborative learning. Example assignments taken from textbook questions and intellectually engaging Java applet simulations will be shown. Studies and first-hand experience on the educational impact of using WebAssign will also be discussed.

  10. A probabilistic approach for validating protein NMR chemical shift assignments

    International Nuclear Information System (INIS)

    Wang Bowei; Wang, Yunjun; Wishart, David S.

    2010-01-01

    It has been estimated that more than 20% of the proteins in the BMRB are improperly referenced and that about 1% of all chemical shift assignments are mis-assigned. These statistics also reflect the likelihood that any newly assigned protein will have shift assignment or shift referencing errors. The relatively high frequency of these errors continues to be a concern for the biomolecular NMR community. While several programs do exist to detect and/or correct chemical shift mis-referencing or chemical shift mis-assignments, most can only do one, or the other. The one program (SHIFTCOR) that is capable of handling both chemical shift mis-referencing and mis-assignments, requires the 3D structure coordinates of the target protein. Given that chemical shift mis-assignments and chemical shift re-referencing issues should ideally be addressed prior to 3D structure determination, there is a clear need to develop a structure-independent approach. Here, we present a new structure-independent protocol, which is based on using residue-specific and secondary structure-specific chemical shift distributions calculated over small (3-6 residue) fragments to identify mis-assigned resonances. The method is also able to identify and re-reference mis-referenced chemical shift assignments. Comparisons against existing re-referencing or mis-assignment detection programs show that the method is as good or superior to existing approaches. The protocol described here has been implemented into a freely available Java program called 'Probabilistic Approach for protein Nmr Assignment Validation (PANAV)' and as a web server (http://redpoll.pharmacy.ualberta.ca/PANAVhttp://redpoll.pharmacy.ualberta.ca/PANAV) which can be used to validate and/or correct as well as re-reference assigned protein chemical shifts.

  11. Ant Colony Algorithm and Simulation for Robust Airport Gate Assignment

    Directory of Open Access Journals (Sweden)

    Hui Zhao

    2014-01-01

    Full Text Available Airport gate assignment is core task for airport ground operations. Due to the fact that the departure and arrival time of flights may be influenced by many random factors, the airport gate assignment scheme may encounter gate conflict and many other problems. This paper aims at finding a robust solution for airport gate assignment problem. A mixed integer model is proposed to formulate the problem, and colony algorithm is designed to solve this model. Simulation result shows that, in consideration of robustness, the ability of antidisturbance for airport gate assignment scheme has much improved.

  12. Trust Mines: Legal Documents and Settlements

    Science.gov (United States)

    Legal Documents and Settlements related to the Northern Abandoned Uranium Mines Region including the Phase 1 Settlement Agreement and Environmental Response Trust Agreement, Phase 2 Settlement Agreement Removal Site Evaluation (RSE) Trust Agreement.

  13. Land Conversion, Social Impacts, and Legal Remedies ...

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

    Land Conversion, Social Impacts, and Legal Remedies: Understanding the Role of Community Paralegals in Addressing Impacts of Land Use Change in Asia. This project addresses the ... Pays d' institution. United States. Site internet.

  14. Heidbreder to head Office of Legal Counsel

    OpenAIRE

    Hincker, Lawrence

    2006-01-01

    Kay Heidbreder of Blacksburg, has been appointed University Counsel by the Virginia Attorney General and will head the university's legal office. Heidbreder, who holds the position of assistant attorney general, has been associate general counsel at Virginia Tech since 1985.

  15. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis. Failure of a processor to have and to implement a Hazard Analysis and Critical Control Point (HACCP... implementation of its HACCP system. ...

  16. Radiologic protection: technical and legal aspects

    International Nuclear Information System (INIS)

    Pinto, A.V.A.

    1987-01-01

    Radiologic units are described with the aim to decodify the technical dosimetric language. The legal aspect of radiologic protection in Brazil is reported. Information about help in case of radiation accident is presented. (M.A.C.) [pt

  17. m-government legal and regulatory framework

    African Journals Online (AJOL)

    Wondwossen Mulugeta

    Legal Framework for Implementation of m-Government in Ethiopia: Best. Practices and Lessons ... opportunity to government and businesses to provide enhanced mobile .... provide effective governance, offer increased service delivery and ...

  18. Legal terminology in African languages | Alberts | Lexikos

    African Journals Online (AJOL)

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

  19. Land Conversion, Social Impacts, and Legal Remedies ...

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

    Land Conversion, Social Impacts, and Legal Remedies: Understanding the Role of ... There is a recognized need for intermediary institutions, such as media, ... Birth registration is the basis for advancing gender equality and children's rights.

  20. Legal Aspects of Brain-Computer Interfaces

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2014-01-01

    Roč. 8, č. 2 (2014) ISSN 1802-5951 Institutional support: RVO:68378122 Keywords : brain-computer interface * human rights * right to privacy, Subject RIV: AG - Legal Sciences http://mujlt.law.muni.cz/index.php