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Sample records for legal status barriers

  1. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

    Rowthorn, Virginia; Plum, Alexander J; Zervos, John

    Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

  2. 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

  3. 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

  4. 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

  5. Limited legal status for refugees from Syria in Lebanon

    Directory of Open Access Journals (Sweden)

    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.

  6. The international legal status of Abkhazia and South Ossetia

    OpenAIRE

    Dursunov, Ramil

    2012-01-01

    This article aims to clarify the international legal status of Abkhazia and South Ossetia. It examines the legal doctrines of Georgia, the Russian Federation, Abkhazia, and South Ossetia on this matter and how they correlate to the treaties, resolutions and declarations of international law. This article sets out to examine this problem and define the actual international legal status of these territories, which is the key to understanding how international law addresses the recognition of st...

  7. Engineered barriers: current status 1989

    International Nuclear Information System (INIS)

    Atkinson, A.; Marsh, G.B.

    1989-06-01

    This report summarises the current state of research relevant to assessing the performance of engineered barriers made of steel and concrete in radioactive waste repositories. The objective of these barriers is to contain substantially the radionuclides within them by providing both physical and chemical impediment to their release. The physical barriers are of most value for highly soluble isotopes with relatively short half-lives (eg 137 Cs), since they can provide a measure of containment until a large fraction of the activity has decayed. In addition they can facilitate retrievability for some period after disposal. The chemical barriers operate by beneficial conditioning of the near field groundwater and providing sites for sorption of radionuclides. Both of these reduce the aqueous concentration of radionuclides in the near field. (author)

  8. The majority legal status of women in southern Africa: implications for women and families.

    Science.gov (United States)

    Van Hook, M P; Ngwenya, B N

    1996-01-01

    The introduction to this article, which provides an overview of the legal status of women in southern Africa, notes that the legal majority status of women is an important social policy issue with broad implications for the socioeconomic welfare of women and their families. The dual legal system (general law and customary law) which arose from colonization is a complicating factor in the legal life of women in the region. The colonial legal system legitimized the subordination of women, and during the colonial period the customary system was reinvented to the detriment of women by male African leaders working in collusion with colonial authorities. The next section of this article presents a brief description of the legal standing of women in terms of majority/minority status, marriage arrangements, and right to own immovable property in the states of Botswana, Lesotho, South Africa, Swaziland, Zambia, and Zimbabwe. The implications of the majority/minority status of women are then explored through consideration of the economic effects of majority rights, of family relationships, and of efforts to change the legal system (by changing the content and implementation of laws and by empowering women to take advantage of their rights). The barriers that impede women from asserting their rights point to the need for removal of broad-based economic, educational, and cultural constraints. Granting majority rights is an important step toward the goals of eliminating poverty and ending the marginalization of women.

  9. 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

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

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    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....

  11. 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.

  12. The legal and non-legal barriers to abortion access in Australia: a review of the evidence.

    Science.gov (United States)

    de Moel-Mandel, Caroline; Shelley, Julia M

    2017-04-01

    In Australia, about one in four pregnancies results in an induced abortion. The termination of a pregnancy is still, however, a criminal act in most jurisdictions, and access to abortion is not without barriers. This paper analyses existing access barriers and their implications. Databases and the grey literature were searched for publications that examined any legal and/or non-legal abortion access barrier applicable to Australia (2000-2016). Only those barriers that had been demonstrated to be the most restrictive were included and categorised. From the initial 410 studies, only 20 publications were identified that matched the inclusion criteria. They indicated that access barriers do indeed exist in Australia. In many parts of Australia, abortion is only legal under strict conditions. Relatively strong evidence was found on the limited abortion access of rural women and of an imminent shortage in the provision of late abortions. For other barriers only limited research evidence existed, or merely opinions were expressed. Very few studies were undertaken to link barriers to outcomes. Although this review can form a base for the national improvement of abortion access, the gap found in Australian research demonstrates a need for additional studies.

  13. 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 ...

  14. the legal status of sustainable development in the nigerian

    African Journals Online (AJOL)

    RAYAN_

    ABSTRACT. 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 ...

  15. Irregular Migration - between legal status and social practices

    DEFF Research Database (Denmark)

    Lund Thomsen, Trine

    2012-01-01

    Publication History: Published Online: 2012-12-28 Abstract How do Polish migrant workers experience the process of migration and how does irregular migration status influence their life plans? In this article I analyse how the shifts between different legal statuses may be related to the social practices......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...

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

    Directory of Open Access Journals (Sweden)

    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.

  17. The legal status of emergency contraception in Latin America.

    Science.gov (United States)

    Hevia, Martín

    2012-01-01

    Timely access to emergency contraception (EC) can contribute to reducing the number of unwanted pregnancies, and ultimately, the number of unsafe abortions and maternal fatalities. In Latin America, where all countries are parties to international human rights treaties that recognize the rights to autonomy, privacy, and health, and recognize sexual and reproductive rights including the right to family planning, the legal status of EC has been discussed in the courts. This article focuses on the analysis of the principal arguments voiced in the courts: the difference between contraceptives and abortifacients, the scientific status of available research on EC, and the age at which people develop a legal right to make decisions about their personal health. The conclusion is that Latin American countries whose laws or regulations ban access to EC in the public and/or the private sector fail to fulfill their obligations under international human rights law. Copyright © 2011 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  18. Neighborhood socioeconomic status and BMI differences by immigrant and legal status: evidence from Utah.

    Science.gov (United States)

    Wen, Ming; Maloney, Thomas N

    2014-01-01

    We build on recent work examining the BMI patterns of immigrants in the US by distinguishing between legal and undocumented immigrants. We find that undocumented women have relative odds of obesity that are about 10 percentage points higher than for legal immigrant women, and their relative odds of being overweight are about 40 percentage points higher. We also find that the odds of obesity and overweight status vary less across neighborhoods for undocumented women than for legal immigrant women. These patterns are not found among immigrant men: undocumented men have lower rates of obesity (by about 6 percentage points in terms of relative odds) and overweight (by about 12 percentage points) than do legal immigrant men, and there is little variation in the impact of neighborhood context across groups of men. We interpret these findings in terms of processes of acculturation among immigrant men and women. Copyright © 2013 Elsevier B.V. All rights reserved.

  19. Natural gas vehicles : Status, barriers, and opportunities.

    Energy Technology Data Exchange (ETDEWEB)

    Rood Werpy, M.; Santini, D.; Burnham, A.; Mintz, M.; Energy Systems

    2010-11-29

    In the United States, recent shale gas discoveries have generated renewed interest in using natural gas as a vehicular fuel, primarily in fleet applications, while outside the United States, natural gas vehicle use has expanded significantly in the past decade. In this report for the U.S. Department of Energy's Clean Cities Program - a public-private partnership that advances the energy, economic, and environmental security of the U.S. by supporting local decisions that reduce petroleum use in the transportation sector - we have examined the state of natural gas vehicle technology, current market status, energy and environmental benefits, implications regarding advancements in European natural gas vehicle technologies, research and development efforts, and current market barriers and opportunities for greater market penetration. The authors contend that commercial intracity trucks are a prime area for advancement of this fuel. Therefore, we examined an aggressive future market penetration of natural gas heavy-duty vehicles that could be seen as a long-term goal. Under this scenario using Energy Information Administration projections and GREET life-cycle modeling of U.S. on-road heavy-duty use, natural gas vehicles would reduce petroleum consumption by approximately 1.2 million barrels of oil per day, while another 400,000 barrels of oil per day reduction could be achieved with significant use of natural gas off-road vehicles. This scenario would reduce daily oil consumption in the United States by about 8%.

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

    Directory of Open Access Journals (Sweden)

    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.

  1. Legal Barriers to the Growth of Health Information Exchange-Boulders or Pebbles?

    Science.gov (United States)

    Mello, Michelle M; Adler-Milstein, Julia; Ding, Karen L; Savage, Lucia

    2018-03-01

    Policy Points: Historically, in addition to economic and technical hurdles, state and federal health information privacy laws have been cited as a significant obstacle to expanding electronic health information exchange (HIE) in the United States. Our review finds that over the past decade, several helpful developments have ameliorated the legal barriers to HIE, although variation in states' patient consent requirements remains a challenge. Today, health care providers' complaints about legal obstacles to HIE may be better understood as reflecting concerns about the economic and competitive risks of information sharing. Although the clinical benefits of exchanging patients' health information electronically across providers have long been recognized, participation in health information exchange (HIE) has lagged behind adoption of electronic health records. Barriers erected by federal and state health information privacy law have been cited as a leading reason for the slow progress. A comprehensive assessment of these issues has not been undertaken for nearly a decade, despite a number of salient legal developments. Analysis of federal and state health information privacy statutes and regulations and secondary materials. Although some legal barriers to HIE persist, many have been ameliorated-in some cases, simply through improved understanding of what the law actually requires. It is now clear that the Health Insurance Portability and Accountability Act presents no obstacles to electronically sharing protected health information for treatment purposes and does not hold providers who properly disclose information liable for privacy breaches by recipients. The failure of federal efforts to establish a unique patient identifier number does slow HIE by inhibiting optimal matching of patient records, but other action to facilitate matching will be taken under the 21st Century Cures Act. The Cures Act also creates the legal architecture to begin to combat "information

  2. 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

  3. Socioeconomic status and barriers to the use of free antiretroviral ...

    African Journals Online (AJOL)

    This study aimed to describe the barriers to accessibility and the coping strategies employed to overcome these barriers among users of free ART services overall and by socioeconomic status (SES). Data were collected from 240 people receiving ART at one urban and one peri-urban health facility in Enugu State, ...

  4. 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

  5. The Legal Status of Whales: capabilities, entitlements and culture

    Directory of Open Access Journals (Sweden)

    Rachel Nussbaum Wichert

    2016-04-01

    Full Text Available Whales, among our planet’s most majestic, mysterious, powerful, and intelligent beings, are profoundly endangered. International law has for some time attempted to protect them from extinction. Our paper addresses the legal status of whales and argues that they should be regarded as creatures with rights, not simply as commodities. Currently, international law does not recognize whales as creatures with rights. International organizations, particularly the International Whaling Commission (IWC and its founding document, the International Convention for the Regulation of Whaling (ICRW, have focused on the issue of overfishing and have allowed exceptions to usual standards based both on the alleged needs of scientific research (in the case of Japan and on the alleged claims of culture (in the case of aboriginal groups in the Arctic.

  6. Increasing adolescent vaccination: barriers and strategies in the context of policy, legal, and financial issues.

    Science.gov (United States)

    Ford, Carol A; English, Abigail; Davenport, Amy F; Stinnett, Amy J

    2009-06-01

    To increase understanding of the policy, legal, and financial issues influencing efforts to achieve high rates of adolescent vaccination. We conducted semistructured telephone interviews with 49 key informants in nine states, five jurisdictions, and at the national level. We elicited: (a) experiences with human papillomavirus (HPV) and meningococcal vaccine programs; (b) perspectives on policy, legal, and financing issues influencing adolescent vaccine program effectiveness; and (c) strategies to increase rates of adolescent vaccination. Common and informative themes were identified by content analyses. Participants reported that barriers to adolescent vaccination included: public concerns (insufficient knowledge, negative attitudes, safety concerns, controversy); practitioner concerns (insufficient knowledge or ambivalence about recommendations); delivery issues (insufficient access to or use of healthcare, vaccines not at healthcare site or part of routine care); minor consent issues; cost/financing issues; and lack of coordination in timing of vaccine recommendations, supply, and financing. Many barriers and promising strategies for overcoming them vary depending on adolescent age. For example, concerns about providing vaccines to prevent sexually transmitted diseases are less frequent with respect to older adolescents; issues of consent vary widely between 11 and 25 years of age; and financial barriers/potential solutions vary by age. We develop a framework to address policy, legal, and financial issues influencing adolescent vaccination based on adolescent age. A comprehensive description of factors influencing adolescent vaccination reveals variation based on age. A framework that incorporates this complexity may enhance strategies to increase rates of vaccine delivery to adolescent populations.

  7. 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

  8. 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.

  9. Assessing the Legal Status of Limited Partnership (CV

    Directory of Open Access Journals (Sweden)

    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.

  10. legal status of sections 10 and 12 of the nigerian oil and gas industry

    African Journals Online (AJOL)

    ALADEJARE: LEGAL STATUS OF SECTIONS 10 AND 12 OF THE NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT. 129. LEGAL ..... 30 Indonesia – Autos, Certain Measures Affecting the Automotive Industry (Panel report, ad- opted 23 July ... (1996) 5 Minnesota Journal of Global Trade 467. 32 United ...

  11. The Social and Legal Status of Gay and Lesbian Students: An Update for Colleges and Universities.

    Science.gov (United States)

    Liddell, Debora L.; Douvanis, Costas J.

    1994-01-01

    Describes current social and legal status of gay students. Examines scope of the problem; defines legal issues; and cites relevant cases regarding students' rights of association, access to university services/facilities, and privacy. Discusses homosexuality as "illegal act" and notes differences between private and public institutions. Discusses…

  12. Do Legal Barriers Really Protect the Labor Markets? Empirical Evidence of Polish Migrants after 2004

    Directory of Open Access Journals (Sweden)

    Schwabe Michał

    2014-09-01

    Full Text Available The aim of this paper is to evaluate the role of intervening obstacles, understood as legal and policy barriers blocking immigrant access to foreign labor markets, in the international migration process. To do so, we use Polish international temporary emigrants in the years 2000-2012, which spans both the pre-accession period, when Polish citizens were not entitled to access other EU labor markets, as well as the post - accession period, when certain countries gradually removed intervening obstacles according to the transnational agreements.

  13. Legal status, emotional well-being and subjective health status of Latino immigrants.

    Science.gov (United States)

    Cavazos-Rehg, Patricia A; Zayas, Luis H; Spitznagel, Edward L

    2007-10-01

    Among the many stresses that undocumented Latino immigrants experience, worries about their legal status and preoccupation with disclosure and deportation can heighten the risk for emotional distress and impaired quality of health. To better document these effects, this study examined the relationship between deportation concern and emotional and physical well-being among a group of Latino immigrants in a midwestern city. One-hundred-forty-three persons were recruited through community sources. Fifty-six participants (39%) expressed concern with seeking services for fear of deportation, while 87 did not endorse this concern. Measures of emotional distress, Hispanic immigrant stress and subjective health status were administered. Results indicate that Latino immigrants with concerns about deportation are at heightened risk of experiencing negative emotional and health states (particularly anger), Hispanic immigrant stress associated with extrafamilial factors and substandard health status. Findings inform policymakers of culturally relevant stressors of undocumented Latino immigrants that help to create and perpetuate the health and mental health disparities of this group.

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

    Directory of Open Access Journals (Sweden)

    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.

  15. Legal barriers in accessing opioid medicines: results of the ATOME quick scan of national legislation of eastern European countries.

    Science.gov (United States)

    Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

    2014-12-01

    Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid Medication in Europa project, using a quick scan method. A quick scan method to identify legal barriers was developed focusing on eight different categories of barriers. Key experts in 12 European countries were requested to send relevant legislation. Legislation was quick scanned using World Health Organization guidelines. Overly restrictive provisions and provisions that contain stigmatizing language and incorrect definitions were identified. The selected provisions were scored into two categories: 1) barrier and 2) uncertain, and reviewed by two authors. A barrier was recorded if both authors agreed the selected provision to be a barrier (Category 1). National legislation was obtained from 11 of 12 countries. All 11 countries showed legal barriers in the areas of prescribing (most frequently observed barrier). Ten countries showed barriers in the areas of dispensing and showed stigmatizing language and incorrect use of definitions in their legislation. Most barriers were identified in the legislation of Bulgaria, Greece, Lithuania, Serbia, and Slovenia. The Cypriot legislation showed the fewest total number of barriers. The selected countries have in common as main barriers prescribing and dispensing restrictions, the use of stigmatizing language, and incorrect use of definitions. The practical impact of these barriers identified using a quick scan method needs to be validated by other means. Copyright © 2014 American Academy of Hospice and Palliative Medicine. Published by Elsevier Inc. All rights reserved.

  16. Legal and administrative status of food irradiation in the Netherlands

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1977-01-01

    In the Netherlands, the legal and administrative controls on food irradiation are based on the Nuclear Energy Act and more specifically on the Radioactive substances Decree. A licence from the Minister of Public Health and the Environment is needed for the use of Radiation sources. A special procedure is followed for examining and deciding on a request for irradiation of a given goodstuff. (NEA) [fr

  17. 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)

  18. Access to Strong Opioid Analgesics in the Context of Legal and Regulatory Barriers in Eleven Central and Eastern European Countries.

    Science.gov (United States)

    Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Schutjens, Marie-Hélène D B; Scholten, Willem K; Jünger, Saskia; Medic, Dr Rer; Leufkens, Hubert G M

    2018-04-06

    In 2011-2013, >95% of the global opioid analgesics consumption occurred in three regions, accounting for 15% of the world population. Despite abundant literature on barriers to access, little is known on the correlation between actual access to opioid analgesics and barriers to access, including legal and regulatory barriers. This study aimed to evaluate the correlation between access to strong opioid analgesics and barriers to access in national legislation and regulations in 11 central and eastern European countries that participated in the Access to Opioid Medication in Europe (ATOME) project. Two variables were contrasted to assess their correlation: the country level of access to strong opioid analgesics indicated by the Adequacy of Consumption Measure (ACM) and the number of potential legal and regulatory barriers identified by an external review of legislation and regulations. A linear correlation was evaluated using a squared linear correlation coefficient. Evaluation of the correlation between the ACM and the number of potential barriers produces an R 2 value of 0.023 and a correlation plot trend line gradient of -0.075, indicating no correlation between access to strong opioid analgesics and the number of potential barriers in national legislation and regulations in the countries studied. No correlation was found, which indicates that other factors besides potential legal and regulatory barriers play a critical role in withholding prescribers and patients essential pain medication in the studied countries. More research is needed toward better understanding of the complex interplay of factors that determine access to strong opioid analgesics.

  19. Update on the Pharmacology and Legal Status of Kratom.

    Science.gov (United States)

    Prozialeck, Walter C

    2016-12-01

    Kratom (Mitragyna speciosa) is a plant indigenous to Southeast Asia. Its leaves and the teas brewed from them have long been used by people in that region to stave off fatigue and to manage pain and opioid withdrawal. In a comprehensive review published in 2012, Prozialeck et al presented evidence that kratom had been increasingly used for the self-management of opioid withdrawal and pain in the United States. At the time, kratom was classified as a legal herbal product by the US Drug Enforcement Administration. Recent studies have confirmed that kratom and its chemical constituents do have useful pharmacologic actions. However, there have also been increasing numbers of reports of adverse effects resulting from use of kratom products. In August 2016, the US Drug Enforcement Administration announced plans to classify kratom and its mitragynine constituents as Schedule 1 controlled substances, a move that triggered a massive response from kratom advocates. The purpose of this report is to highlight the current scientific and legal controversies regarding kratom.

  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. Restricted access to abortion in the Republic of Ireland and Northern Ireland: exploring abortion tourism and barriers to legal reform.

    Science.gov (United States)

    Bloomer, Fiona; O'Dowd, Kellie

    2014-01-01

    Access to abortion remains a controversial issue worldwide. In Ireland, both north and south, legal restrictions have resulted in thousands of women travelling to England and Wales and further afield to obtain abortions in the last decade alone, while others purchase the 'abortion pill' from Internet sources. This paper considers the socio-legal context in both jurisdictions, the data on those travelling to access abortion and the barriers to legal reform. It argues that moral conservatism in Ireland, north and south, has contributed to the restricted access to abortion, impacting on the experience of thousands of women, resulting in these individuals becoming 'abortion tourists'.

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

    Directory of Open Access Journals (Sweden)

    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.

  3. 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

    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....

  4. Legal Barriers in Accessing Opioid Medicines : Results of the ATOME Quick Scan of National Legislation of Eastern European Countries

    NARCIS (Netherlands)

    Vranken, Marjolein J M; Mantel-Teeuwisse, Aukje K; Jünger, Saskia; Radbruch, Lukas; Lisman, John; Scholten, Willem; Payne, Sheila; Lynch, Tom; Schutjens, Marie-Hélène D B

    2014-01-01

    CONTEXT: Overregulation of controlled medicines is one of the factors contributing to limited access to opioid medicines. OBJECTIVES: The purpose of this study was to identify legal barriers to access to opioid medicines in 12 Eastern European countries participating in the Access to Opioid

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

    Directory of Open Access Journals (Sweden)

    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.

  6. Legal barriers to access abortion services through a human rights lens: the Uruguayan experience.

    Science.gov (United States)

    Berro Pizzarossa, Lucía

    2018-12-01

    Sexual and reproductive health (SRH) has increasingly gained importance in the field of international human rights law. The work of the United Nations (UN) bodies, in particular the recently adopted General Comment 22 (GC 22), has been instrumental in signalling the importance of the SRH legal framework and in setting clear guidelines to steer countries into enacting/modifying/repealing national laws in order to comply with their international obligations vis-à-vis SRH. Although within the region Uruguay is regarded as a pioneer in terms of women's status and rights, including sexual and reproductive health and rights, evidence points to a number of challenges. This article explores the extent to which the Uruguayan abortion law complies with the country's international human rights obligations as conceptualised by GC 22. It uses the Uruguayan abortion law, its regulatory decree, and the highest administrative court's decision in Alonso et al v. Poder Ejecutivo as the main pivots for the discussion. The results reveal that - in spite of the praise it receives at the international level and the adoption of a less restrictive abortion law - Uruguay has fallen short in adopting a legal framework that complies with the international standards and guarantees effective access to abortion services.

  7. Counterstories of College Persistence by Undocumented Mexicana Students: Navigating Race, Class, Gender, and Legal Status

    Science.gov (United States)

    Munoz, Susana Maria; Maldonado, Marta Maria

    2012-01-01

    This paper draws from four sets of four in-depth interviews and one subsequent focus group to examine how undocumented Mexicana students navigate identities and the meanings of race, gender, class, and legal status. We mobilize a critical race theory framework to center and explore the content of students' counterstories. While majoritarian…

  8. 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.

  9. The Status of Industrial Ecology in Australia: Barriers and Enablers

    Directory of Open Access Journals (Sweden)

    Glen D. Corder

    2014-03-01

    Full Text Available Drawing on current international industrial ecology thinking and experiences with Australian initiatives, this article critically overviews the current status of industrial ecology in Australia and examines the barriers and potential strategies to realise greater uptake and application of the concept. The analysis is conducted across three categories: heavy industrial areas (including Kwinana and Gladstone, mixed industrial parks (Wagga Wagga and Port Melbourne, and waste exchange networks, and identifies the past and future significance of seven different types of barriers—regulation, information, community, economic, technical, cooperation and trust, commitment to sustainable development—for each of the three categories. The outcomes from this analysis highlight that regulation, information, and economic barriers for heavy industrial area and mixed industrial parks, and economic and technical barriers for waste exchange networks are the current and future focus for industrial ecology applications in Australia. These findings appear to be consistent with recently published frameworks and learnings. The authors propose key questions that could enhance greater adoption of industrial ecology applications in Australia and acknowledge that international research and experiences, while partly providing answers to these questions, need to be adapted and refined for the Australian context.

  10. Legal, administrative and psychological barriers against industrial application of food irradiation and the trade in irradiated food

    International Nuclear Information System (INIS)

    Cornelis, J.C.

    1977-11-01

    In the author's view, the legal and administrative barrier against industrial application of food irradiation and trading can be described as follows: even if public health authorities in each country concerned, are convinced by the scientific evidence that the food irradiation process is acceptable, they will only be willing to accept irradiated food exported from another country if they are assured that irradiation has been performed in an approved and acceptable manner. The psychological barrier which is more complex consists of three interconnected factors: attitude of the public towards irradiated food, confidence of national authorities in the capability of food processors, the lack of cooperation between government Agencies. (NEA) [fr

  11. The identity, legal status and origin of the Roman army's medical staff in the imperial age.

    Science.gov (United States)

    Bader, Pascal

    2014-01-01

    More than a hundred epigraphic documents on different writing materials refer to medical staff in the Roman army. This paper focuses on the identity, legal status and origin of the Roman army medical staff--a topic which until now has hardly been studied. Various titles were conferred to a large number of medical staff in every unit of the Roman army; the doctors (medici) were the most numerous and had different ranks and status. The onomastic study of the inscriptions reveals a large proportion of Roman citizens in the military medical service. Most of them are ingenui with a Latin name, but freedmen with a Greek origin are frequently attested, though less so than among civilian doctors. These results dispel some misconceptions such as the Greek origin of most military doctors, which can be explained by the legal requirements of the recruitment into the Roman army.

  12. The influence of legal status on the labor market impact of immigration.

    Science.gov (United States)

    Bailey, T

    1985-01-01

    This article explores US labor market changes that would take place as a result of an amnesty that would regularize the status of undocumented workers without changing the total size of the alien workforce. The theoretical analysis suggests that the influence of legal status on market wage rates and on minimum wage enforcement is weak and that to the extent that there is an effect, it depends on particular institutional arrangements. Although data are not adequate for a definite measurement of these effects, those data that are available support this conclusion. It appears that the presence of undocumented as opposed to resident aliens can weaken union organizing efforts.

  13. Women’s status in the Polish Society in light of legal regulations till year 2015

    Science.gov (United States)

    Wróbel–Harmas, Monika; Rachuta, Krzysztof

    Gender equality and women’s rights are the subjects of ongoing discussions in societies all over the world. Women, more often than men, are likely to become victims of gender-based violence. The studies carried out in Europe show that only the every second woman is aware of gender-based legal regulations in her country, 19% cannot recognise any support service, and what is particularly important for the health care system – 87% would like their medical doctor to ask patients with physical injuries about potential violence experienced. The Paper aims at presenting the women’s status in the Polish society in light of current legal regulations implemented to guarantee equal treatment of both genders in every walk of life, which then reflects in the society’s physical and emotional health condition. The Authors analysed the current legal regulations in Poland with the aim to draw a preliminary evaluation of the women’s status in Poland as far as the realisation of the Third Millennium Development Goal within the UN Millennium Project Promote Gender Equality and Empower Women is concerned. The basic tool to combat violence in Poland is so-called the Blue Cards system. Till 2015 the Polish current law protected the women’s rights to a great extent. However, many issues were not covered by legal regulations, and in a great number of cases, women’s rights were practically not respected. Consequently, despite resolutions and international conventions ratified by Poland in order to legally protect women’s rights, they still remain a partially solved issue.

  14. 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.

  15. Geothermal(Ground-Source)Heat Pumps: Market Status, Barriers to Adoption, and Actions to Overcome Barriers

    Energy Technology Data Exchange (ETDEWEB)

    Hughes, Patrick [ORNL

    2008-12-01

    More effective stewardship of our resources contributes to the security, environmental sustainability, and economic well-being of the nation. Buildings present one of the best opportunities to economically reduce energy consumption and limit greenhouse gas emissions. Geothermal heat pumps (GHPs), sometimes called ground-source heat pumps, have been proven capable of producing large reductions in energy use and peak demand in buildings. However, GHPs have received little attention at the policy level as an important component of a national strategy. Have policymakers mistakenly overlooked GHPs, or are GHPs simply unable to make a major contribution to the national goals for various reasons? This brief study was undertaken at DOE's request to address this conundrum. The scope of the study includes determining the status of global GHP markets and the status of the GHP industry and technology in the United States, assembling previous estimates of GHP energy savings potential, identifying key barriers to application of GHPs, and identifying actions that could accelerate market adoption of GHPs. The findings are documented in this report along with conclusions and recommendations.

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

    Directory of Open Access Journals (Sweden)

    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.

  17. 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.

  18. 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

  19. 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.

  20. [Legal status of human dead body in the context of corporal phenomenology].

    Science.gov (United States)

    Nowacka, Maria

    2002-01-01

    It is pointed out that phenomenological settlements are convergent with human dead body status change which has been made on the basis of Polish law. In the 1969 Criminal Code, in chapter "Crime Against the Liberty of Conscience And Religion", there was an entry concerning the protection of human dead body. The reason was that a dead body used to be placed in a sphere of sacrum. In the new Criminal Code, published in 1997, analogical entries were put in chapter "Crime Against Law And Order". In chapter "Crime Against the Liberty of Conscience And Religion" there is an entry concerning sanctions for disturbing funeral service. It means that in legal consciousness a dead body does not belong to a sacral sphere. A ceremony belongs to that sphere but not the subject of that ceremony--a dead body is just a thing. Perhaps in future a dead body will be legally acknowledged as a subject of legal turn, and it will be marked off and specially protected.

  1. Barriers to the effective use of medico-legal findings in sexual assault cases worldwide.

    Science.gov (United States)

    Mont, Janice Du; White, Deborah

    2013-09-01

    Despite the increasing implementation of standardized rape kits across jurisdictions, the medico-legal findings generated by these tools are often not related to positive criminal justice outcomes. Given that there has been no global investigation of the factors that might impede their successful use in cases of sexual assault, we conducted a review of relevant scholarly and "grey" literature from industrialized and less-developed regions. One key theme to emerge from the analysis concerned certain problematic practices and behaviors of professional groups involved in the various stages of the post-sexual assault process. We found that a lack of competence in handling sexual assault cases, contempt for women who have been victimized, and corruption among some forensic examiners, police, scientists, and legal personnel often have shaped the collection, processing, analysis, and use of medico-legal evidence. We discuss recent initiatives and future directions for research that might serve to address these issues.

  2. Extending Court-Protected Legal Person Status to Non-Human Entities

    Directory of Open Access Journals (Sweden)

    Markus Zimmer

    2017-05-01

    Full Text Available Left unattended, the corrosive effects of trafficking-related corruption have the potential to incrementally erode and eventually destroy the very foundations of legitimate and effective government and the rule of law. We see its fruits manifest worldwide to varying degrees in numerous governments. If this fledgling movement to extend to non-Homo sapiens the status of legal persons with all corresponding rights, duties and liabilities of a living person catches on and that status is institutionalized as justiciable in national and international court systems, it may transform how modern societies value and protect their non-human wildlife and marine resources. The time for such transformation is long overdue.

  3. Barriers to the Flow of Technical Information: Limitation Statements - Legal Basis.

    Science.gov (United States)

    Downie, Currie S.

    The new "Freedom of Information Act" and the more important reasons for limitations on the flow of information are discussed. The legal basis for these limitations can be found in the almost 100 statutory provisions which prohibit, exempt, or otherwise protect certain types of information from disclosure. The Export Control Acts of the Department…

  4. Investigating the status and barriers of science laboratory activities ...

    African Journals Online (AJOL)

    This study aims at investigating the barriers encountered by science teachers in laboratory activities in Rwandan teacher training colleges (TTCs) using questionnaires and interviews. The results confirmed that teachers face barriers like time limitation, material scarcity and lack of improvising skills in their everyday science ...

  5. Hanford prototype-barrier status report: FY 1995

    Energy Technology Data Exchange (ETDEWEB)

    Gee, G.W.; Ward, A.L.; Gilmore, B.G.; Ligotke, M.W.; Link, S.O.

    1995-11-01

    Surface barriers (or covers) have been proposed for use at the Hanford Site as a means to isolate certain waste sites that, for reasons of cost or worker safety or both, may not be exhumed. Surface barriers are intende to isolated the wastes from the accessible environment and to provide long-term protection to future populations that might use the Hanford Site. Currently, no ``proven`` long-term barrier system is available. For this reason, the Hanford Site Permanent Isolation Surface-Barrier Development Program (BDP) was organized to develop the technology needed to provide long-term surface barrier capability for the Hanford Site for the US Department of Energy (DOE). Designs have been proposed to meet the most stringent needs for long-term waste disposal. The objective of the current barrier design is to use natural materials to develop a protective barrier system that isolates wastes for at least 1000 years by limiting water, plant, animal, and human intrusion; and minimizing erosion. The design criteria for water drainage has been set at 0.5 mm/yr. While other design criteria are more qualitative, it is clear that waste isolation for an extended time is the prime objective of the design. Constructibility and performance. are issues that can be tested and dealt with by evaluating prototype designs prior to extensive construction and deployment of covers for waste sites at Hanford.

  6. Hanford prototype-barrier status report: FY 1997

    Energy Technology Data Exchange (ETDEWEB)

    Ward, A.L.; Gee, G.W. [Pacific Northwest National Lab., Richland, WA (United States); Link, S.O. [Washington State Univ., Pullman, WA (United States)

    1997-12-01

    An above-grade surface barrier consisting of a vegetated soil-cover, surrounded by gravel and rock side slopes, is being tested for the US Department of Energy (DOE). It is part of a treatability study at the 200-BP-1 Operable Unit in the 200 East Area of the Hanford Site, near Richland, Washington. The surface barrier, constructed in 1994, covers 2.5 ha (6.9 acre) of land surface and is situated over an inactive liquid-waste disposal crib. A set of under drains, built into the barrier using curbed asphalt, allows precise measurement of drainage from the soil cover and the side slopes. The treatability test includes measurements of water balance, wind and water erosion, subsidence, plant growth, and plant and animal intrusion. The test compares the performance of the barrier under ambient and simulated climate change (elevated precipitation) conditions. This report documents findings from the third year of testing.

  7. Hanford prototype-barrier status report: FY 1997

    International Nuclear Information System (INIS)

    Ward, A.L.; Gee, G.W.; Link, S.O.

    1997-12-01

    An above-grade surface barrier consisting of a vegetated soil-cover, surrounded by gravel and rock side slopes, is being tested for the US Department of Energy (DOE). It is part of a treatability study at the 200-BP-1 Operable Unit in the 200 East Area of the Hanford Site, near Richland, Washington. The surface barrier, constructed in 1994, covers 2.5 ha (6.9 acre) of land surface and is situated over an inactive liquid-waste disposal crib. A set of under drains, built into the barrier using curbed asphalt, allows precise measurement of drainage from the soil cover and the side slopes. The treatability test includes measurements of water balance, wind and water erosion, subsidence, plant growth, and plant and animal intrusion. The test compares the performance of the barrier under ambient and simulated climate change (elevated precipitation) conditions. This report documents findings from the third year of testing

  8. Barriers to Technological Acceptance in a Legal Environment: A Case Study of a Florida Law Firm

    Science.gov (United States)

    Owusu, Theophilus D.

    2010-01-01

    Technology is made available in the law firm to promote time efficient tasks and to provide resources that allows the accurate billing and storing of documents. This study examined the impact of three major technologies that are used by attorneys in a law firm. Quantitative procedures facilitated the identification of barriers to Personal Digital…

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

    Directory of Open Access Journals (Sweden)

    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.

  10. Hanford prototype-barrier status report FY 1996

    International Nuclear Information System (INIS)

    Gee, G.W.; Ward, A.L.; Gilmore, B.G.; Link, S.O.; Dennis, G.W.; O'Neil, T.K.

    1996-11-01

    A prototype surface barrier is being evaluated as part of a treatability study at the 200-BP-1 Operable Unit in the 200 East Area of the Hanford Site. Tests include the application of irrigation water to the northern half of the barrier and subsequent measurement of water balance, wind and water erosion, subsidence, plant establishment,a nd plant and animal intrusion. The tests are designed to evaluate both irrigated and nonirrigated sideslope and vegetated surfaces over a period of 3 years. This report documents findings from the second year of testing

  11. Hanford prototype-barrier status report FY 1996

    Energy Technology Data Exchange (ETDEWEB)

    Gee, G.W.; Ward, A.L.; Gilmore, B.G.; Link, S.O.; Dennis, G.W.; O`Neil, T.K.

    1996-11-01

    A prototype surface barrier is being evaluated as part of a treatability study at the 200-BP-1 Operable Unit in the 200 East Area of the Hanford Site. Tests include the application of irrigation water to the northern half of the barrier and subsequent measurement of water balance, wind and water erosion, subsidence, plant establishment,a nd plant and animal intrusion. The tests are designed to evaluate both irrigated and nonirrigated sideslope and vegetated surfaces over a period of 3 years. This report documents findings from the second year of testing.

  12. Hanford protoype surface barrier status report: FY 1994

    International Nuclear Information System (INIS)

    Gee, G.W.; Freeman, H.D.; Walters, W.H. Jr.; Ligotke, M.W.; Campbell, M.D.; Ward, A.L.; Link, S.O.; Smith, S.K.; Gilmore, B.G.; Romine, R.A.

    1994-12-01

    A full-scale prototype surface barrier has been constructed at the 200 BP-1 Operable Unit in the 200 East Area of the Hanford Site. The prototype barrier has been built to evaluate design, construction, and performance features of a surface barrier that may be used for in-place disposal of wastes at the Hanford Site. The design basis and construction of the prototype have been documented. A testing and monitoring plan has been published outlining specific tests planned for the prototype. The current report describes initial testing activities conducted in FY 1994 and outlines activities for testing and monitoring at the prototype barrier in the future. Asphalt permeability was tested during construction of the prototype in April and May 1994. Cores taken from the asphalt concrete layer were tested in the laboratory and found to have hydraulic conductivities below 1E-09 cm/s. Field measurements of hydraulic conductivity taken on the asphalt concrete using a specially-designed falling head permeameter were more than ten times higher than those from core tests. The higher values are attributed to transient flow through the permeameter seal. In spite of this difficulty, the more rapid field measurements (1-day tests in the field compared to 3 months in the laboratory) gave values as low as IE-09 cm/s and averaged about IE-08 cm/s. Samples of fluid-applied asphalt material, used as a sealant on the asphalt concrete layer, were. tested in the laboratory and found to have hydraulic conductivities below IE-10 cm/s. Measurements of hydraulic conductivity taken on an adjacent asphalt test pad using a sealed double-ring infiltrometer (SDRI) were initiated in September 1994 and are expected to be completed in November 1994. Construction of the prototype surface barrier was completed in August 1994

  13. Concepts for the removal of legal barriers to climate protection in Germany's buildings sector; Konzepte fuer die Beseitigung rechtlicher Hemmnisse des Klimaschutzes im Gebaeudebereich

    Energy Technology Data Exchange (ETDEWEB)

    Buerger, Veit; Hermann, Andreas; Keimeyer, Friedhelm; Brunn, Christoph; Haus, David; Menge, Joanna [Oeko-Institut e.V. - Institut fuer Angewandte Oekologie, Berlin (Germany); Klinski, Stefan [Hochschule fuer Wirtschaft und Recht Berlin (Germany)

    2013-07-15

    This study examines ways to remove legal barriers to climate protection in the buildings sector with a special focus on the energy refurbishment of existing buildings. Part A is concerned with legal concepts for financing measures geared to the energy rehabilita-tion of buildings. In a first step possible regulatory instruments - both those being discussed by experts in specialist contexts and further feasible options - are identified, with which effective incentives for the implementation of ambitious energy refurbishments can be generated. The incentives should function as independently as possible from the incalculabilities of public budgets. The different options are then systematically analysed for their compatibility with the overarching requirements of Germany's national law and EU law as well as for their feasibility. Following an expert assessment of the functionality of those options categorised as legally positive, the report develops a well-coordinated set of different instruments which are partly based on public charges and partly on the commitments of private actors and allow for the introduction of a legal entitlement of building owners to support. Part B discusses the removal of (non-economic) legal barriers to the energy refurbishment of buildings. First of all an overview is provided of such barriers in different areas of the law (like tenancy law, residential property law, building law, among others). Then the focus is placed on specific legal barriers in the law on architectural and engineering fees as well as in public pro-curement law for construction contracts. Continuing along the same lines, concrete suggestions are developed for legal improvements.

  14. Ground-Source Heat Pumps. Overview of Market Status, Barriers to Adoption, and Options for Overcoming Barriers

    Energy Technology Data Exchange (ETDEWEB)

    Goetzler, William [Navigant Consulting, Inc., Chicago, IL (United States); Zogg, Robert [Navigant Consulting, Inc., Chicago, IL (United States); Lisle, Heather [Navigant Consulting, Inc., Chicago, IL (United States); Burgos, Javier [Navigant Consulting, Inc., Chicago, IL (United States)

    2009-02-03

    February 2009 final report submitted to DOE by Navigant Consulting, Inc. This report summarizes the status of ground-source heat pump (GSHP) technology and market penetration globally, estimates the energy saving potential of GSHPs in the U.S., identifies key market barriers that are inhibiting wider market adoption of GSHPs, and recommends initiatives that can be implemented or facilitated by the DOE to accelerate market adoption.

  15. The Art of the Reveal: Undocumented High School Students, Institutional Agents, and the Disclosure of Legal Status

    Science.gov (United States)

    Murillo, Marco A.

    2017-01-01

    For many undocumented youth, the end of high school and transition to adulthood is the first time they grapple with being undocumented. Given the negative social stigma attached to being undocumented, many youth may hesitate to reveal their legal status to a teacher or other school personnel. The purpose of this study was to identify the contexts…

  16. Evapotranspiration studies for protective barriers: FY 1990 status report

    Energy Technology Data Exchange (ETDEWEB)

    Link, S.O.; Downs, J.L.; Thiede, M.E.; Lettau, D.J.; Twaddell, T.R. (Pacific Northwest Lab., Richland, WA (United States)); Black, R.A. (Washington State Univ., Pullman, WA (United States))

    1992-05-01

    Pacific Northwest Laboratory (PNL) and Westinghouse Hanford Company (Westinghouse Hanford) are working together to develop for the US Department of Energy (DOE) protective barriers for the near-surface disposal of hazardous waste at the Hanford Site. The proposed barrier design consists of a layer of fine-textured soil overlying a series of layers grading from sand to basalt riprap. A multiyear research program is being conducted to assess the long-term performance of barrier configurations in restricting plants, animals, and water from contacting buried wastes. The purpose of this report is to review work done up to July 31 in FY 1990 on the evapotranspiration subtask of the water infiltration task. As stated in the test plan, specific objectives of PNL's evapotranspiration work were to (1) develop and test an environmentally controlled whole-plant gas exchange system, (2) collect evapotranspiration data at the whole-plant level on the small-tube lysimeters, (3) collect transpiration data on the shrubs at McGee Ranch, (4) collect data necessary to parameterize the plant component of the UNSAT-H code.

  17. Evapotranspiration studies for protective barriers: FY 1990 status report

    Energy Technology Data Exchange (ETDEWEB)

    Link, S.O.; Downs, J.L.; Thiede, M.E.; Lettau, D.J.; Twaddell, T.R. [Pacific Northwest Lab., Richland, WA (United States); Black, R.A. [Washington State Univ., Pullman, WA (United States)

    1992-05-01

    Pacific Northwest Laboratory (PNL) and Westinghouse Hanford Company (Westinghouse Hanford) are working together to develop for the US Department of Energy (DOE) protective barriers for the near-surface disposal of hazardous waste at the Hanford Site. The proposed barrier design consists of a layer of fine-textured soil overlying a series of layers grading from sand to basalt riprap. A multiyear research program is being conducted to assess the long-term performance of barrier configurations in restricting plants, animals, and water from contacting buried wastes. The purpose of this report is to review work done up to July 31 in FY 1990 on the evapotranspiration subtask of the water infiltration task. As stated in the test plan, specific objectives of PNL`s evapotranspiration work were to (1) develop and test an environmentally controlled whole-plant gas exchange system, (2) collect evapotranspiration data at the whole-plant level on the small-tube lysimeters, (3) collect transpiration data on the shrubs at McGee Ranch, (4) collect data necessary to parameterize the plant component of the UNSAT-H code.

  18. 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.

  19. 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.…

  20. 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.

  1. Implementation status and barriers of good manufacturing practice ...

    African Journals Online (AJOL)

    Background: Safety, quality and effectiveness of Chinese patent medicine (CPM) are highly relevant to the manufacturing process. However, the level of manufacturing practice (GMP) for CPM as implemented in China is less reported in literatures. Therefore, the aim of this paper was to reveal the implementation status of ...

  2. 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)

  3. Shared decision-making in Israel: status, barriers, and recommendations

    OpenAIRE

    Miron-Shatz, Talya; Golan, Ofra; Brezis, Mayer; Siegal, Gil; Doniger, Glen M

    2012-01-01

    Abstract Shared decision making (SDM) - involving patients in decisions relevant to their health - has been increasingly influential in medical thought and practice around the world. This paper reviews the current status of SDM in Israel, including efforts to promote SDM in the legislation and healthcare system, its influence in medical training and the national health plans, and funding for SDM-related research. Published studies of SDM in Israel are also reviewed. Although informed consent ...

  4. 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.

  5. Evaportranspiration studies for protective barriers: FY 1989 status report

    Energy Technology Data Exchange (ETDEWEB)

    Link, S.O.; Thiede, M.E.; Downs, J.L.; Lettau, D.J. [Pacific Northwest Lab., Richland, WA (United States); Waugh, W.J. [Geotech, Grand Junction, CO (United States)

    1992-05-01

    This document describes the results of technological developments and experiments at the Small Tube Lysimeter Facility. The objective of this research is to develop the capability to predict evapotranspiration in support of studies of water infiltration control for the Hanford Protective Barrier Development Program. Evapotranspiration is the combined loss of water from plants and soil surfaces to the atmosphere. This process must be predictable to adequately model soil water dynamics. We develop a miniature greenhouse (gas exchange chamber), where internal temperature and relative humidity can be controlled. With this device we measured evapotranspiration, transpiration, and carbon dioxide exchange rates from lysimeters with various surface and plant characteristics. We tested the effect on gas exchange rates and sand, gravel, admix, and soil surfaces in lysimeters where, cheat-grass, Bromus tectorum, had been seeded. Results showed that evapotranspiration was unaffected by the surface treatments. Estimated transpiration rates were higher for plants growing in sand compared with rates for plants growing in the admix and soil treatments. Soil evaporation rates were higher in the gravel treatment than in the sand treatment. Future research will entail parameterization of relationships between evapotranspiration, transpiration, soil evaporation, carbon dioxide exchange, and the abiotic and biotic factors that drive these processes for model development.

  6. Evaportranspiration studies for protective barriers: FY 1989 status report

    International Nuclear Information System (INIS)

    Link, S.O.; Thiede, M.E.; Downs, J.L.; Lettau, D.J.; Waugh, W.J.

    1992-05-01

    This document describes the results of technological developments and experiments at the Small Tube Lysimeter Facility. The objective of this research is to develop the capability to predict evapotranspiration in support of studies of water infiltration control for the Hanford Protective Barrier Development Program. Evapotranspiration is the combined loss of water from plants and soil surfaces to the atmosphere. This process must be predictable to adequately model soil water dynamics. We develop a miniature greenhouse (gas exchange chamber), where internal temperature and relative humidity can be controlled. With this device we measured evapotranspiration, transpiration, and carbon dioxide exchange rates from lysimeters with various surface and plant characteristics. We tested the effect on gas exchange rates and sand, gravel, admix, and soil surfaces in lysimeters where, cheat-grass, Bromus tectorum, had been seeded. Results showed that evapotranspiration was unaffected by the surface treatments. Estimated transpiration rates were higher for plants growing in sand compared with rates for plants growing in the admix and soil treatments. Soil evaporation rates were higher in the gravel treatment than in the sand treatment. Future research will entail parameterization of relationships between evapotranspiration, transpiration, soil evaporation, carbon dioxide exchange, and the abiotic and biotic factors that drive these processes for model development

  7. Reversible, non-barrier male contraception: status and prospects.

    Science.gov (United States)

    Hoesl, C E; Saad, F; Pöppel, M; Altwein, J E

    2005-11-01

    Male, non-barrier, contraceptive options are limited to vasectomy and inadequate methods such as withdrawal and periodic abstinence. Herein we give an overview of current research on male contraception by pharmacological means. Literature search of PubMed documented publications and abstracts from meetings. Cross-cultural surveys show men's willingness to carry contraceptive responsibility. Clinical trials substantiate that hormonal contraception involving suppression of gonadotropins holds the best promise to provide a male pharmacological contraceptive. Androgens have been demonstrated to induce reversible infertility particularly in combination with certain progestins and GnRH antagonists. Advances in non-endocrine contraception include intervention with triptolide derivatives, alkylated imino sugars, and immunization by eppin. The prospect of a pharmacological, male contraceptive has been considerably advanced in recent years. Long-term studies involving a greater number of subjects may result in a safe, reversible and effective means. Asia is likely to be the first market for male, hormonal contraceptive methods. The clinical evaluation of non-endocrine approaches may ultimately lead to an alternative to hormone-based male contraception.

  8. Shared decision-making in Israel: status, barriers, and recommendations

    Directory of Open Access Journals (Sweden)

    Miron-Shatz Talya

    2012-01-01

    Full Text Available Abstract Shared decision making (SDM - involving patients in decisions relevant to their health - has been increasingly influential in medical thought and practice around the world. This paper reviews the current status of SDM in Israel, including efforts to promote SDM in the legislation and healthcare system, its influence in medical training and the national health plans, and funding for SDM-related research. Published studies of SDM in Israel are also reviewed. Although informed consent and patients' right to information are regulated by Israeli law, little provision is made for SDM. Further, there are few organized programs to promote SDM among medical professionals or the public, and governmental support of SDM-related research is minimal. Nonetheless, patients have begun to influence litigation in both formal and informal capacities, medical schools have begun to incorporate courses for improving physician-patient communication into their curricula, and the largest national health plan has initiated a plan to increase public awareness. A review of the limited research literature suggests that although patients and physicians express a desire for greater patient involvement, they often have reservations about its implementation. Research also suggests that despite the positive effects of SDM, such an approach may only infrequently be applied in actual clinical practice. In conclusion, though not actively promoting SDM at present, Israel's universal coverage and small number of health plans make rapid, widespread advances in SDM feasible. Israeli policymakers should thus be encouraged to nurture burgeoning initiatives and set plausible milestones. Comparing the status of SDM in Israel with that in other countries may stimulate further advancement.

  9. 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.

  10. 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.

  11. 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

  12. 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.

  13. 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...

  14. A New Interpretation of the Modern Two-Pronged Tests for Insanity : Why Legal Insanity Should Not Be a 'Status Defense'

    NARCIS (Netherlands)

    Bijlsma, J.

    2018-01-01

    Michael Moore has argued that modern two-pronged tests for legal insanity are wrongheaded and that the insanity defense instead should be a 'status' defense. If Moore is right, then the laws on insanity in most legal systems are wrong. This merits a critical examination of Moore's critique and his

  15. Barriers to accessing substance abuse treatment in Mexico: national comparative analysis by migration status

    Science.gov (United States)

    2014-01-01

    Background We examined Mexican migrants’ perceived barriers to entering substance abuse treatment and potential differences by gender. Methods This study analyzed a subset of household data collected in Mexico in 2011 via the Encuesta Nacional de Adicciones (National Survey of Addictions). A sample of 1,143 individuals who reported using illicit drugs was analyzed using multivariate negative binomial models to determine direct and moderated relationships of gender, migrant status, and drug dependence with perceived barriers to accessing treatment. Results Significant findings included disparities in drug dependence by migrant status. Compared with non-migrant men, women who have traveled to the United States was associated with fewer (1.3) barriers to access treatment. Fewer barriers to access care were associated with individuals residing in other regions of the country, compared to those living in Mexico City. Conclusions Drug dependence, gender, migration status and regional location are factors associated with access to needed treatment. Implications for health care policy to develop treatment services infrastructure and for future research are discussed in the context of ongoing drug policy reform in Mexico. PMID:25074067

  16. 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

  17. Mobile Learning in Nursing Undergraduates in China: Current Status, Attitudes and Barriers.

    Science.gov (United States)

    Xiao, Qian; Zhang, Qiannan; Wang, Lanlan; Wang, Yanling; Sun, Liu; Wu, Ying

    2017-01-01

    To explore the current status, attitudes and barriers of nursing undergraduates toward mobile learning, 157 nursing students were investigated. more than half of them used mobile learning frequently in past half year. The mean score of students' intention towards mobile learning was 10.5 (ranged from 6 to 15), and it related to students' gender, expected effect, ease of operation, influence of other students, self-learning management and perceived interest. Some barriers affected students' mobile learning. Therefore, students had positive attitude and perception toward mobile learning, then we should create enough conditions to promote students' mobile learning.

  18. 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.

  19. 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

  20. The Legal Status of Decisions by Human Rigths Treaty Bodies in National Law

    NARCIS (Netherlands)

    Nollkaemper, A.; van Alebeek, R.

    2011-01-01

    The success of UN human rights treaty monitoring mechanisms (such as the Human Rights Committee) depends largely on the influence that the findings of these bodies exert on national legal orders. This paper examines the effects that national courts can and do give to such findings. It examines, on

  1. Is legal status impacting outcomes of group therapy for posttraumatic stress disorder with male asylum seekers and refugees from Iran and Afghanistan?

    Science.gov (United States)

    2013-01-01

    Background Legal status and other resettlement stressors are known to impact mental health of asylum seekers and refugees. However, the ways in which they interact with treatment of posttraumatic stress disorder (PTSD) with these populations is still poorly understood. The aim of this study was to examine whether legal status and other resettlement stressors influence outcomes of a trauma-focused group PTSD treatment within a day-treatment setting with asylum seekers and refugees. Methods Sixty six male Iranian and Afghan patients with PTSD residing in the Netherlands were assessed with self-rated symptom checklists for PTSD, anxiety and depression, and a demographic questionnaire one week before and two weeks after the treatment. Multivariate linear regression analysis was used to examine the impact of legal status and living arrangements on the treatment outcomes per symptom domain. Results The results suggest that both asylum seekers and refugees can be helped with their mental health complaints with a trauma-focused group therapy for PTSD regardless of their legal status. Obtaining a refugee status in a course of the treatment appears to improve the treatment outcomes. Conclusions Legal status is impacting outcomes of group therapy for PTSD with male asylum seekers and refugees. Asylum seekers may benefit from group treatment regardless of unstable living conditions. PMID:23705873

  2. Is legal status impacting outcomes of group therapy for posttraumatic stress disorder with male asylum seekers and refugees from Iran and Afghanistan?

    Science.gov (United States)

    Drožđek, Boris; Kamperman, Astrid M; Tol, Wietse A; Knipscheer, Jeroen W; Kleber, Rolf J

    2013-05-24

    Legal status and other resettlement stressors are known to impact mental health of asylum seekers and refugees. However, the ways in which they interact with treatment of posttraumatic stress disorder (PTSD) with these populations is still poorly understood. The aim of this study was to examine whether legal status and other resettlement stressors influence outcomes of a trauma-focused group PTSD treatment within a day-treatment setting with asylum seekers and refugees. Sixty six male Iranian and Afghan patients with PTSD residing in the Netherlands were assessed with self-rated symptom checklists for PTSD, anxiety and depression, and a demographic questionnaire one week before and two weeks after the treatment. Multivariate linear regression analysis was used to examine the impact of legal status and living arrangements on the treatment outcomes per symptom domain. The results suggest that both asylum seekers and refugees can be helped with their mental health complaints with a trauma-focused group therapy for PTSD regardless of their legal status. Obtaining a refugee status in a course of the treatment appears to improve the treatment outcomes. Legal status is impacting outcomes of group therapy for PTSD with male asylum seekers and refugees. Asylum seekers may benefit from group treatment regardless of unstable living conditions.

  3. Analysis of the Research Status and Topics on the Radionuclide Migration and Retardation in Natural Barriers

    Energy Technology Data Exchange (ETDEWEB)

    Baik, Min Hoon; Park, Chung Kyun; Kim, Seung Soo; Lee, Seung Yeop; Lee, Jae Kwang [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

    2008-12-15

    In this report, recent research status for major developed countries in the high-level radioactive waste disposal including international organizations was investigated and analyzed in research topics for the radionuclide migration and retardation in natural barriers. Besides, recent research trends and future prospects were investigated for selected major 10 topics about the radionuclide migration and retardation processes. Based upon these investigations and analyses, future research goals and topics to be concentrated were presented. This report will be helpful for understanding our current research status and technical position and establishing future research direction and topics by analyzing domestic and foreign research status and trends. The results will also be utilized as basic information for establishing future policy and plans of the government for the high-level radioactive waste disposal.

  4. Analysis of the Research Status and Topics on the Radionuclide Migration and Retardation in Natural Barriers

    International Nuclear Information System (INIS)

    Baik, Min Hoon; Park, Chung Kyun; Kim, Seung Soo; Lee, Seung Yeop; Lee, Jae Kwang

    2008-12-01

    In this report, recent research status for major developed countries in the high-level radioactive waste disposal including international organizations was investigated and analyzed in research topics for the radionuclide migration and retardation in natural barriers. Besides, recent research trends and future prospects were investigated for selected major 10 topics about the radionuclide migration and retardation processes. Based upon these investigations and analyses, future research goals and topics to be concentrated were presented. This report will be helpful for understanding our current research status and technical position and establishing future research direction and topics by analyzing domestic and foreign research status and trends. The results will also be utilized as basic information for establishing future policy and plans of the government for the high-level radioactive waste disposal

  5. House Poor in Los Angeles: Examining Patterns of Housing-Induced Poverty by Race, Nativity, and Legal Status.

    Science.gov (United States)

    McConnell, Eileen Diaz

    2012-09-01

    Housing affordability in the United States is generally operationalized using the ratio approach, with those allocating more than thirty percent of income to shelter costs considered to have housing affordability challenges. Alternative standards have been developed that focus on residual income, whether income remaining after housing expenditures is sufficient to meet non-housing needs. This study employs Los Angeles Family and Neighborhood Survey data to consider racial/ethnic, nativity and legal status differences in one residual income standard. Logistic regression analyses of housing-induced poverty focus on whether there are differences among five distinct groups: U.S.born Latinos, Non-Hispanic Whites, and African Americans, authorized Latino immigrants, and unauthorized Latino immigrants. Results suggest that: 1) Latino natives are significantly more likely to be in housing-induced poverty than African Americans and Latino immigrants, and 2) unauthorized Latino immigrants are not more likely to experience the outcome than other groups. The present work extends previous research. First, the results provide additional evidence of the value of operationalizing housing affordability using a residual income standard. Alternatives to the ratio approach deserve more empirical attention from a wider range of scholars and policymakers interested in housing affordability. Second, housing scholarship to date generally differentiates among Latinos by ethnicity, nativity, and citizenship. The present study contributes to emerging research investigating heterogeneity among Latinos by nativity and legal status.

  6. 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.

  7. The legal status of home education in post-communist countries of Central Europe

    Science.gov (United States)

    Kostelecká, Yvona

    2012-08-01

    As new laws on education were gradually adopted in post-communist states after 1989, the countries also dealt with the problem of how to include home education in their own legislation. This article investigates the development of legislation on home education in five states of post-communist Central Europe: the Czech Republic, Slovakia, Slovenia, Poland and Hungary. This analysis of the legal environment for home education confirms on the one hand that these countries' approach is similar in many aspects. Generally, laws tend to regulate home education rather strictly, all home-educated children must be enrolled at some school, and these schools are mandated by the state to serve as supervisory bodies for home-educated children. This legal arrangement puts the parents of home-schooled children in a very subordinate position in relation to the school. Despite these restrictions, however, the states have gradually opened up the option for home education to quite a broad pool of potentially interested people. On the other hand, the findings show that there are also significant differences between individual countries. These differences provide a good illustration of the fact that, despite historical, economic and cultural similarities, political institutions and state bureaucracies in individual states act autonomously, which leads to different policy outcomes.

  8. 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.

  9. The legal status and monastic organization on Mount Athos in the 18th century

    Directory of Open Access Journals (Sweden)

    Đukić Dalibor

    2015-01-01

    Full Text Available Mount Athos represents a unique monastic community modelled after the great monastic centres of the Byzantine (Roman Empire. Owing to the benevolence of Byzantine rulers a specific system of administration was established on Mount Athos, and the monks retained a high degree of self-administration. Although the Ottoman Empire in the 15th century took control of Mount Athos, its specific legal regime was not abolished. In the first centuries of Ottoman rule there were no significant attempts of introducing new or revising the old rules which regulated the organization of the administration on Mount Athos. It was only in the 18th century that the period of the more lively legislative activities began. During that period the Athonite administrative bodies, more or less similar to the current ones, were formed. This paper deals with the reasons that led to their creation and their evolution in the 18th century.

  10. Legal Reform and Women’s Rights in Lebanese Personal Status Laws

    OpenAIRE

    Dabbous, Dima

    2017-01-01

    This report documents and analyzes two recent major reforms in Lebanese law whose purpose is to further gender equality for women in Lebanon: ( I ) the alteration of the Sunni personal status law to allow mothers to keep their children with them for a longer time following divorce and ( II ) the promulgation of Law no. 293 of 2014, which deals with domestic violence. The first reform relates to the religiously based, personal status laws that control major aspects of a woman’s life in Lebanon...

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

    DEFF Research Database (Denmark)

    Storgaard, Louise Halleskov

    2016-01-01

    ruling of 1 March 2015 in the Alo and Osso case. The Court’s answer and its reasoning is equally interesting, groundbreaking and controversial as it, on the one hand, strengthens the impact of the Geneva Convention (the United Nations Convention on the Status of Refugees) on the QD standards...

  12. 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.

  13. ¿Y ahora qué? Anticipated immigration status barriers and Latina/o high school students' future expectations.

    Science.gov (United States)

    McWhirter, Ellen Hawley; Ramos, Karina; Medina, Cynthia

    2013-07-01

    Latina/o high school students without documentation face a challenging situation when they graduate from high school, with pathways to work and postsecondary education stymied by their immigration status. We examined the effects of anticipated barriers associated with immigration status, age, and sex on the dependent variables of vocational outcome expectations, anticipated external and internal barriers, and postsecondary schooling plans in a sample of 475 Latina/o high school students. Findings include that students anticipating immigration status problems had lower vocational outcome expectations and anticipated more external barriers to pursuing their postsecondary plans. Latina girls and older high school students anticipating immigration status problems were more likely to plan to attend 2-year rather than 4-year colleges, and less likely to plan on postsecondary education, respectively. Implications for practice, policy, and research are discussed. PsycINFO Database Record (c) 2013 APA, all rights reserved.

  14. The Survey of the Legal Status of Indispensable Formal Documents Enforcement in Iran’s Notary Organization

    Directory of Open Access Journals (Sweden)

    Abdul Salam Hamid

    2017-02-01

    Full Text Available In general codes of law of the countries including Iran there are special rights predicted for the owners of formal documents and other documents featuring formal document in order to accredit them and facilitate the business transactions. This is also considered as some sort of de-judicialization and the owners of such documents do no need to attend the courts as plaintiff and prove their claims and also they are not required to pass the formalities and the long procedures of trials and having such documents at hand they can refer to the notary enforcement circles or the notary public offices to take advantage of the rights justified for them therein. It is in this manner that they should first observe the rules of formal documents enforcement approved and ratified in the indispensable formal documents rules of procedure and the other sanctioned regulations. In the present study, the formative and the natural issues pertaining to the indispensable formal documents and the ordinary documents which can be enforced as ruled by the law (such as cheques via the notary enforcement circles and transiently via the judicial courts will be investigated. The author’s intention of writing the present research paper has been, firstly, the elaboration of the legal principles and concepts of indispensable formal documents, explication of the formative and the natural issues related to the indispensable formal documents enforcement and the ordinary documents which can be enforced as decreed by the law, as well as the expression of the administrative formalities and the legal processes such documents are required to undergo in public notary offices (enforcement unit, and, secondly, the exposition of the study subject matter from the legal status perspective of documents enforcement through notary enforcement and, finally, there is this possibility that after a judicial writ of execution is issued the obliged individual or the third party may have objections

  15. Employment status, employment functioning, and barriers to employment among VA primary care patients.

    Science.gov (United States)

    Zivin, Kara; Yosef, Matheos; Levine, Debra S; Abraham, Kristen M; Miller, Erin M; Henry, Jennifer; Nelson, C Beau; Pfeiffer, Paul N; Sripada, Rebecca K; Harrod, Molly; Valenstein, Marcia

    2016-03-15

    Prior research found lower employment rates among working-aged patients who use the VA than among non-Veterans or Veterans who do not use the VA, with the lowest reported employment rates among VA patients with mental disorders. This study assessed employment status, employment functioning, and barriers to employment among VA patients treated in primary care settings, and examined how depression and anxiety were associated with these outcomes. The sample included 287 VA patients treated in primary care in a large Midwestern VA Medical Center. Bivariate and multivariable analyses were conducted examining associations between socio-demographic and clinical predictors of six employment domains, including: employment status, job search self-efficacy, work performance, concerns about job loss among employed Veterans, and employment barriers and likelihood of job seeking among not employed Veterans. 54% of respondents were employed, 36% were not employed, and 10% were economically inactive. In adjusted analyses, participants with depression or anxiety (43%) were less likely to be employed, had lower job search self-efficacy, had lower levels of work performance, and reported more employment barriers. Depression and anxiety were not associated with perceived likelihood of job loss among employed or likelihood of job seeking among not employed. Single VA primary care clinic; cross-sectional study. Employment rates are low among working-aged VA primary care patients, particularly those with mental health conditions. Offering primary care interventions to patients that address mental health issues, job search self-efficacy, and work performance may be important in improving health, work, and economic outcomes. Published by Elsevier B.V.

  16. 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.

  17. Is legal status impacting outcomes of group therapy for posttraumatic stress disorder with male asylum seekers and refugees from Iran and Afghanistan?

    NARCIS (Netherlands)

    B. Droždek (Boris); A.M. Kamperman (Astrid); W.A. Tol (Wietse); J.W. Knipscheer (Jeroen); R.J. Kleber (Rolf)

    2013-01-01

    textabstractBackground: Legal status and other resettlement stressors are known to impact mental health of asylum seekers and refugees. However, the ways in which they interact with treatment of posttraumatic stress disorder (PTSD) with these populations is still poorly understood. The aim of this

  18. [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.

  19. Perceived physical activity barriers related to body weight status and sociodemographic factors among Malaysian men in Klang Valley.

    Science.gov (United States)

    Ibrahim, Suraya; Karim, Norimah A; Oon, Ng Lai; Ngah, Wan Zurinah Wan

    2013-03-26

    Physical inactivity has been acknowledged as a public health issue and has received increasing attention in recent years. This cross-sectional study was conducted to determine the barriers to physical activity among Malaysian men. These barriers were analyzed with regards to sociodemographic factors, physical activity level, BMI and waist circumference. Subjects in this study included 308 Malay men and 422 Chinese men aged 20 years and older. Subjects completed the International Physical Activity Questionnaire (IPAQ) and a questionnaire on barriers to physical activity, categorized into personal and psychological, physical and social environment barriers. Weight, height and waist circumference were also measured and BMI was calculated. Descriptive analyses showed that 79.3% of subjects were married, 52.1% had secondary educational level, 68.8% were still working, and 39.7% had household income between RM1500 to RM3500. The perception that other recreational activities with family and friends were more fun was the most frequently reported barrier, followed by weather, lack of discipline, lack of free time, lack of money, and lack of friends. Marriage status, educational level, household income, BMI, and physical activity status were shown to be associated with perceived barriers. To increase participation in physical activity, policy makers should consider significant personal, social and environmental barriers when developing appropriate intervention programmes. Health-promoting strategies that increase awareness, knowledge, skills and motivation related to physical activity are required.

  20. 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.

  1. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  3. 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.

  4. 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

  5. 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.

  6. Contribution of intestinal barrier damage, microbial translocation and HIV-1 infection status to an inflammaging signature.

    Directory of Open Access Journals (Sweden)

    Amanda K Steele

    Full Text Available Systemic inflammation is a characteristic of both HIV-1 infection and aging ("inflammaging". Intestinal epithelial barrier damage (IEBD and microbial translocation (MT contribute to HIV-associated inflammation, but their impact on inflammaging remains unclear.Plasma biomarkers for IEBD (iFABP, MT (LPS, sCD14, T-cell activation (sCD27, and inflammation (hsCRP, IL-6 were measured in 88 HIV-1 uninfected (HIV(neg and 83 treated, HIV-1-infected (HIV(pos adults from 20-100 years old.Age positively correlated with iFABP (r = 0.284, p = 0.008, sCD14 (r = 0.646, p = <0.0001 and LPS (r = 0.421, p = 0.0002 levels in HIV(neg but not HIV(pos subjects. Age also correlated with sCD27, hsCRP, and IL-6 levels regardless of HIV status. Middle-aged HIV(pos subjects had elevated plasma biomarker levels similar to or greater than those of elderly HIV(neg subjects with the exception of sCD14. Clustering analysis described an inflammaging phenotype (IP based on iFABP, sCD14, sCD27, and hsCRP levels in HIV(neg subjects over 60 years of age. The IP in HIV(neg subjects was used to develop a classification model that was applied to HIV(pos subjects to determine whether HIV(pos subjects under 60 years of age were IP+. HIV(pos IP+ subjects were similar in age to IP- subjects but had a greater risk of cardiovascular disease (CVD based on Framingham risk score (p =  0.01.We describe a novel IP that incorporates biomarkers of IEBD, MT, immune activation as well as inflammation. Application of this novel IP in HIV-infected subjects identified a group at higher risk of CVD.

  7. Contribution of intestinal barrier damage, microbial translocation and HIV-1 infection status to an inflammaging signature.

    Science.gov (United States)

    Steele, Amanda K; Lee, Eric J; Vestal, Brian; Hecht, Daniel; Dong, Zachary; Rapaport, Eric; Koeppe, John; Campbell, Thomas B; Wilson, Cara C

    2014-01-01

    Systemic inflammation is a characteristic of both HIV-1 infection and aging ("inflammaging"). Intestinal epithelial barrier damage (IEBD) and microbial translocation (MT) contribute to HIV-associated inflammation, but their impact on inflammaging remains unclear. Plasma biomarkers for IEBD (iFABP), MT (LPS, sCD14), T-cell activation (sCD27), and inflammation (hsCRP, IL-6) were measured in 88 HIV-1 uninfected (HIV(neg)) and 83 treated, HIV-1-infected (HIV(pos)) adults from 20-100 years old. Age positively correlated with iFABP (r = 0.284, p = 0.008), sCD14 (r = 0.646, p = LPS (r = 0.421, p = 0.0002) levels in HIV(neg) but not HIV(pos) subjects. Age also correlated with sCD27, hsCRP, and IL-6 levels regardless of HIV status. Middle-aged HIV(pos) subjects had elevated plasma biomarker levels similar to or greater than those of elderly HIV(neg) subjects with the exception of sCD14. Clustering analysis described an inflammaging phenotype (IP) based on iFABP, sCD14, sCD27, and hsCRP levels in HIV(neg) subjects over 60 years of age. The IP in HIV(neg) subjects was used to develop a classification model that was applied to HIV(pos) subjects to determine whether HIV(pos) subjects under 60 years of age were IP+. HIV(pos) IP+ subjects were similar in age to IP- subjects but had a greater risk of cardiovascular disease (CVD) based on Framingham risk score (p =  0.01). We describe a novel IP that incorporates biomarkers of IEBD, MT, immune activation as well as inflammation. Application of this novel IP in HIV-infected subjects identified a group at higher risk of CVD.

  8. Barriers and facilitators of antiretroviral therapy adherence in rural Eastern province, Zambia: the role of household economic status.

    Science.gov (United States)

    Masa, Rainier; Chowa, Gina; Nyirenda, Victor

    2017-07-01

    In Zambia, more people living with HIV now have access to lifesaving antiretroviral therapy than ever before. However, progress in HIV treatment and care has not always resulted in lower mortality. Adherence remains a critical barrier to treatment success. The objective of this study was to examine the barriers and facilitators of antiretroviral therapy adherence, particularly the role of household economic status. The study included a cross-sectional sample of 101 people living with HIV (PLHIV) in two rural communities in eastern Zambia. Adherence was measured using patient self-assessment and pharmacy information. Household economic status included components such as occupation, income, assets, food security, and debt. Multivariable logistic regression was conducted to examine the associations between household economic factors and adherence. Our findings suggest that the role of economic status on adherence appears to be a function of the economic component. Debt and non-farming-related occupation were consistently associated with non-adherence. The association between assets and adherence depends on the type of asset. Owning more transportation-related assets was consistently associated with non-adherence, whereas owning more livestock was associated with self-reported adherence. Additionally, living in a community with fewer economic opportunities was associated with non-adherence. The associations between place of residence and pharmacy refill adherence and between transportation assets and self-reported adherence were statistically significant. Improving adherence requires a multifaceted strategy that addresses the role of economic status as a potential barrier and facilitator. Programmes that provide economic opportunities and life-skills training may help PLHIV to overcome economic, social, and psychological barriers.

  9. Draft Revised Agreement Between the Government of the French Republic and the European Organization for Nuclear Research concerning the Legal Status of the Said Organization in France - Changes to be made to the English and French Texts of the Draft

    CERN Document Server

    1972-01-01

    Draft Revised Agreement Between the Government of the French Republic and the European Organization for Nuclear Research concerning the Legal Status of the Said Organization in France - Changes to be made to the English and French Texts of the Draft

  10. 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.

  11. Animal intrusion studies for protective barriers: Status report for FY 1988

    Energy Technology Data Exchange (ETDEWEB)

    Cadwell, L.L.; Eberhardt, L.E.; Simmons, M.A.

    1989-05-01

    The objective of the Biointrusion Control Task is to provide technical support to Westinghouse Hanford Company's Protective Barrier Development Program for evaluating and predicting potential impacts of animal burrowing on long-term barrier performance. This document reviews the major accomplishments for FY 1988, which is the initial year of the work. The scope of work includes a literature review, field studies, and modeling to assess burrowing impacts as they may contribute to increased infiltration of surface water through barriers, increased quantities of soil available for erosion because of surface soil disturbance, and direct physical transport of contaminants to the surface. 68 refs., 8 figs., 5 tabs.

  12. 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

  13. Hanford Permanent Isolation Barrier Program: Asphalt technology data and status report - FY 1994

    Energy Technology Data Exchange (ETDEWEB)

    Freeman, H.D.; Romine, R.A.; Zacher, A.H.

    1994-09-01

    The asphalt layer within the Hanford Permanent Isolation Barrier (HPIB) is an important component of the overall design. This layer provides a RCRA equivalent backup to the overlying earthen layers in the unlikely event that these layers are not able to reduce the infiltration rate to less than 0.05 cm/yr. There is only limited amount of information on using asphalt for a moisture infiltration barrier over the long times required by the HPIB. Therefore, a number of activities are under way, as part of the Barrier Development Program, to obtain data on the performance of asphalt as a moisture barrier in a buried environment over a 1000-year period. These activities include (1) determining RCRA equivalency, (2) measurement of physical properties, (3) measurement of aging characteristics, and (4) relationship to ancient asphalt analogs. During FY 1994 progress was made on all of these activities. Studies were conducted both in the laboratory and on the prototype barrier constructed over the 216-B-57 crib in the 200 East Area on the Hanford Site. This report presents results obtained from the asphalt technology tasks during FY 1994. Also included are updates to planned activities for asphalt analogs and monitoring the asphalt test pad near the prototype barrier. Measurements of hydraulic conductivity on the HMAC portion of the prototype barrier show that the asphalt layers easily meet the RCRA standard of 1 {times} 10{sup -7} cm/s. In-place measurements using a new field falling head technique show an average of 3.66 {times} 10{sup -8} cm/s, while cores taken from the north end of the prototype and measured in a laboratory setup averaged 1.29 {times} 10{sup -9} cm/s. Measurements made on the fluid applied asphalt membrane (polymer-modified asphalt) show an extremely low permeability of less than 1 {times} 10{sup -11} cm/s.

  14. Hanford Permanent Isolation Barrier Program: Asphalt technology data and status report - FY 1994

    International Nuclear Information System (INIS)

    Freeman, H.D.; Romine, R.A.; Zacher, A.H.

    1994-09-01

    The asphalt layer within the Hanford Permanent Isolation Barrier (HPIB) is an important component of the overall design. This layer provides a RCRA equivalent backup to the overlying earthen layers in the unlikely event that these layers are not able to reduce the infiltration rate to less than 0.05 cm/yr. There is only limited amount of information on using asphalt for a moisture infiltration barrier over the long times required by the HPIB. Therefore, a number of activities are under way, as part of the Barrier Development Program, to obtain data on the performance of asphalt as a moisture barrier in a buried environment over a 1000-year period. These activities include (1) determining RCRA equivalency, (2) measurement of physical properties, (3) measurement of aging characteristics, and (4) relationship to ancient asphalt analogs. During FY 1994 progress was made on all of these activities. Studies were conducted both in the laboratory and on the prototype barrier constructed over the 216-B-57 crib in the 200 East Area on the Hanford Site. This report presents results obtained from the asphalt technology tasks during FY 1994. Also included are updates to planned activities for asphalt analogs and monitoring the asphalt test pad near the prototype barrier. Measurements of hydraulic conductivity on the HMAC portion of the prototype barrier show that the asphalt layers easily meet the RCRA standard of 1 x 10 -7 cm/s. In-place measurements using a new field falling head technique show an average of 3.66 x 10 -8 cm/s, while cores taken from the north end of the prototype and measured in a laboratory setup averaged 1.29 x 10 -9 cm/s. Measurements made on the fluid applied asphalt membrane (polymer-modified asphalt) show an extremely low permeability of less than 1 x 10 -11 cm/s

  15. 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.

  16. 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.

  17. 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

  18. European civil procedure: current status within the legal system of the European Union and its member states

    Directory of Open Access Journals (Sweden)

    Victor Terekhov

    2017-01-01

    Full Text Available УДК 347.9The purpose of the article is to provide a critical analysis of different approaches towards the notion of “European Civil Procedure”, to substantiate by means of legal and judicial practice, research papers a true essence and legal nature of the European Civil Procedure.The methodological basis for the study: general scientific methods (analysis, synthesis, comparison; private and academic (interpretation, comparison, formal-legal.Problems and basic scientific results: the notion of “European Civil Procedure”, which describes the process of EU Member States judicial cooperation, bears largely a conventional character. It is not used officially by the organs and institutions of the EU, or its Member States. Moreover, it assumes an unjustified monopolization of the European discourse on the side of EU’s initiatives, although Europe is not limited to that association neither in geographical, nor in a legal sense. However, the given notion has become quite colloquial and does not cause any difficulties to the beneficiaries, and thus we may use the terms “European Civil Procedure” (ECP and “Civil Procedure of the EU” (CP EU as synonyms.Different approaches towards the nature of the European Civil Procedure claim that it may be regarded as: (1 a separate (communitary regime of Private International Law (or, otherwise, International Civil Procedure; (2 means to approximate national rules of Civil Pro-cedure; 3 a particular system of judicial decisions recognition; (4 an independent area of supranational law; 5 an aggregate of all or part of the qualities mentioned above.The system of EU Civil Procedure constitutes “federal” procedural law of the Union that functions side-by-side national procedural rules. It governs those relations that go beyond the borders of one Member State, but not the EU itself. Relations between Member States and third nations are still generally out of the federal competence.We need not to

  19. 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

  20. Status of HgCdTe Barrier Infrared Detectors Grown by MOCVD in Military University of Technology

    Science.gov (United States)

    Kopytko, M.; Jóźwikowski, K.; Martyniuk, P.; Gawron, W.; Madejczyk, P.; Kowalewski, A.; Markowska, O.; Rogalski, A.; Rutkowski, J.

    2016-09-01

    In this paper we present the status of HgCdTe barrier detectors with an emphasis on technological progress in metalorganic chemical vapor deposition (MOCVD) growth achieved recently at the Institute of Applied Physics, Military University of Technology. It is shown that MOCVD technology is an excellent tool for HgCdTe barrier architecture growth with a wide range of composition, donor /acceptor doping, and without post-grown annealing. The device concept of a specific barrier bandgap architecture integrated with Auger-suppression is as a good solution for high-operating temperature infrared detectors. Analyzed devices show a high performance comparable with the state-of-the-art of HgCdTe photodiodes. Dark current densities are close to the values given by "Rule 07" and detectivities of non-immersed detectors are close to the value marked for HgCdTe photodiodes. Experimental data of long-wavelength infrared detector structures were confirmed by numerical simulations obtained by a commercially available software APSYS platform. A detailed analysis applied to explain dark current plots was made, taking into account Shockley-Read-Hall, Auger, and tunneling currents.

  1. 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

  2. The Legal Status of the Spanish Imperial Eagle in Spain and Thoughts on Environmental Law and Policy as Contributing Factors in the Conservation of Species

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2014-12-01

    Full Text Available This contribution reflects on the contributory role of environmental law and policy in the successful conservation interventions on behalf of the rare Spanish Imperial Eagle (Aquila Adalberti, with the aim of gaining insights that may be more universally applicable, including in jurisdictions such as South Africa. An overview of applicable international, European and Spanish laws and policies is given, and the role played by these instruments is considered together with successes attained with diverse conservation goals in respect of the Spanish Imperial Eagle. The exceptionally comprehensive character of the legal protection of the Spanish Imperial Eagle is highlighted, in conjunction with some extra-legal factors that have contributed to successful outcomes. While quantification of the role of the law in the conservation of a species remains elusive, it is probably safe to conclude that environmental law and policy have played a vital and central role in the improvement of the conservation status of the Spanish Imperial Eagle. It is submitted that the conservation interventions on behalf of the Spanish Imperial Eagle show that concerted legal and other conservation interventions can effectively halt and reverse the decline of an endangered species. However, such interventions are onerous and expensive and ideally, effective conservation measures should be in place before populations have declined to a critical level. Birds of prey face similar threats in South Africa and Spain, and a number of South African raptor species will soon be classified as endangered. While South African biodiversity laws and policy are similar to the European and Spanish laws in general import and methodology, the South African laws and policy are more restricted in scope, less detailed and less prescriptive. When comparing the use of Spanish and South African legislation in the conservation of birds of prey, sight must not be lost of the varying conservation needs

  3. 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.

  4. Evaluation of immigration status, race and language barriers on chronic hepatitis C virus infection management and treatment outcomes.

    Science.gov (United States)

    Giordano, Céline; Druyts, Eric F; Garber, Gary; Cooper, Curtis

    2009-09-01

    Hepatitis C virus (HCV) prevalence in certain Canadian immigrant populations is higher than that of the overall population. Disparities in care related to immigration status as well as to race and language are well recognized. Identifying and understanding these disparities is vital to the provision of optimal and inclusive HCV care. HCV RNA-positive patients assessed at The Ottawa Hospital Viral Hepatitis Clinic between June 2000 and June 2007 were identified using a clinical database. As measures of access to care, liver biopsy rates, treatment initiation rates, supportive care provision (i.e. erythropoietin for treatment-related anemia) and sustained virological response (SVR) rates were assessed as a function of immigration status, race and spoken language. Nine hundred and ten patients were evaluated, of which 20% were immigrants. Biopsy rates (54 vs. 51%), HCV treatment initiation (37 vs. 38%), erythropoietin prescription (13 vs. 18%) and SVR rates (52 vs. 51%) did not differ between immigrants and Canadian-born individuals. Spoken language and race did not influence access to treatment. SVR was predicted by genotype, HIV status and race. In the context of a multidisciplinary, multilingual universal health care system, by studying the influence of barriers to HCV investigation and successful therapy can be abrogated.

  5. Improving the Regulatory Framework for the Legal Status of Applicants for International Protection in the Context of the implementation of Relocation Mechanisms

    Directory of Open Access Journals (Sweden)

    Tache Bocaneala

    2016-05-01

    Full Text Available The unprecedented refugee crisis facing the European Union, the impossibility of some Member States unable to cope and to process the massive flow of people on their borders and blocking the “Balkan Route” that moved towards the states where they wanted to reach, led the pressing need for putting in place new instruments to manage the situation. The mechanisms of relocating refugees, the principle of solidarity through quotas imposed on member states put to the authorities in these countries, implicitly in Romania, a number of issues with great difficulty in solving them. By the present study we have highlighted some of these issues in connection with the specific legal status of refugees resettled in other countries in Romania and any possible solutions to solve them.

  6. The impact of obesity on skin disease and epidermal permeability barrier status.

    Science.gov (United States)

    Guida, B; Nino, M; Perrino, N R; Laccetti, R; Trio, R; Labella, S; Balato, N

    2010-02-01

    Obese subjects frequently show skin diseases. However, less attention has been paid to the impact of obesity on skin disorders until now. The purposes of this study are: to highlight the incidence of some dermatoses in obese subjects and to study the water barrier function of the obese skin using transepidermal water loss (TEWL). Sixty obese subjects and 20 normal weight volunteers were recruited. Obese group was further divided into three body mass index (BMI) classes: class I (BMI 30-34.9 kg/m(2)), class II (BMI 35-39.9 kg/m(2)) and class III (BMI 40 g/m(2)). All subjects attended dermatological examination for skin diseases. To assess barrier function, TEWL measurements were performed on the volar surface of the forearm using a tewameter. The results of this study showed that: (i) obese subjects show a higher incidence of some dermatoses compared with normal-weight controls; in addition the dermatoses are more, frequent as BMI increases; (ii) the rate of TEWL is lower in obese subjects, than in the normal-weight subjects, particularly in patients with intra-abdominal obesity. Specific dermatoses as skin tags, striae distensae and plantar hyperkeratosis, could be considered as a cutaneous stigma of severe obesity. The low permeability of the skin to evaporative water loss is observed in obese subjects compared with normal weight control. Although the physiological mechanisms are still unknown, this finding has not been previously described and we believe that this may constitute a new field in the research on obesity.

  7. Effect of Fluid Intake on Hydration Status and Skin Barrier Characteristics in Geriatric Patients: An Explorative Study.

    Science.gov (United States)

    Akdeniz, Merve; Boeing, Heiner; Müller-Werdan, Ursula; Aykac, Volkan; Steffen, Annika; Schell, Mareike; Blume-Peytavi, Ulrike; Kottner, Jan

    2018-04-03

    Inadequate fluid intake is assumed to be a trigger of water-loss dehydration, which is a major health risk in aged and geriatric populations. Thus, there is a need to search for easy to use diagnostic tests to identify dehydration. Our overall aim was to investigate whether skin barrier parameters could be used for predicting fluid intake and/or hydration status in geriatric patients. An explorative observational comparative study was conducted in a geriatric hospital including patients aged 65 years and older. We measured 3-day fluid intake, skin barrier parameters, Overall Dry Skin Score, serum osmolality, cognitive and functional health, and medications. Forty patients were included (mean age 78.45 years and 65% women) with a mean fluid intake of 1,747 mL/day. 20% of the patients were dehydrated and 22.5% had an impending dehydration according to serum osmolality. Multivariate analysis suggested that skin surface pH and epidermal hydration at the face were associated with fluid intake. Serum osmolality was associated with epidermal hydration at the leg and skin surface pH at the face. Fluid intake was not correlated with serum osmolality. Diuretics were associated with high serum osmolality. Approximately half of the patients were diagnosed as being dehydrated according to osmolality, which is the current reference standard. However, there was no association with fluid intake, questioning the clinical relevance of this measure. Results indicate that single skin barrier parameters are poor markers for fluid intake or osmolality. Epidermal hydration might play a role but most probably in combination with other tests. © 2018 S. Karger AG, Basel.

  8. Oral health status, dental treatment needs, and barriers to dental care of elderly care home residents in Lodz, Poland.

    Science.gov (United States)

    Gaszynska, Ewelina; Szatko, Franciszek; Godala, Malgorzata; Gaszynski, Tomasz

    2014-01-01

    To determine oral health status, dental treatment needs, and to identify barriers that prevent easy access to dental care by elderly care home residents in Lodz. Studies in many countries show that oral health status of elderly care home residents is poor and there is an urgent need to improve it. The study included 259 care home residents, aged 65 years and older. The oral examination was performed. In face-to-face interviews, subjects were asked about frequency of cleaning teeth and/or dentures, whether they needed assistance, and whether the assistance was available; they were also asked about the perceived dental needs, and about the time since their last visit to a dentist and the purpose of the visit. If they had not visited the dentist in the past 12 months, they were asked about reasons for failing to visit the dentist. Forty-six percent of the subjects were edentulous. Only 5.8% of all participants had a sufficient number of functional natural teeth. Dental treatment was found to be necessary in 59.8% of the respondents. One in four subjects reported reduced ability of correctly cleaning teeth and dentures themselves, of whom only one-third were helped by others. An insufficient level of hygiene was found in every other subject. About 42% of residents had not visited a dentist for over 5 years, mainly due to organizational reasons. Expanding the current scope of medical care for the elderly care home residents to include dental care would improve their currently poor oral health status.

  9. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  10. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  11. The legal status of călăraşi in Bessarabia: from Moldovan traditions to the Russian imperial administrative system

    Directory of Open Access Journals (Sweden)

    Valentin Tomuleţ

    2013-12-01

    Full Text Available In this study, based on archival and published sources, the author analyzes the status of călăraşi based on the comparative approach: from the Moldovan traditions to Russian imperial administrative system. The author ascertains that călăraşi as the guards' category were mentioned in the documentary information from the 16th century, as being recruited among free peasants and obliged to go to war on their own account at the request of the rulers, for tax exemption or the right to use royal estates. Over the centuries this social category has undergone significant changes, not only numerically but also in terms of social and legal status. In the 18th century, with the decline of military importance of the călăraşi, their secondary tasks were maintained and extended. The privileges enjoyed by this social category were confirmed by rulers, similar to the privileged classes of society. Upon annexation of Bessarabia to Russia călăraşi kept only auxiliary functions, being considered serving for local governments, persons responsible for local security; during wartime they participated in the finding of carts for the transportation of supplies, etc. Călăraşi formed indigenous militia and were at the command of ispravnic for the execution of different tasks in the counties. They were employed in the service from the free villages exempted of any drudgery and tax, but a military billeting; they immediately obeyed ispravnic's orders, receiving annual payment in money. Over time, the tsarist government, as with other social groups, tried to regulate this category of servants, limiting their activities, reducing substantially its number and fitting it into some legal rules. For this purpose there even was made up a regulation statute for călăraşi. Despite privileges enjoyed by this social category, the situation of călăraşi was not easy, as evidenced by the many complaints from them at various district and regional administrative offices.

  12. 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.

  13. Social stigma, legal and public health barriers faced by the third gender phenomena in Brazil, India and Mexico: Travestis, hijras and muxes.

    Science.gov (United States)

    Diehl, Alessandra; Vieira, Denise Leite; Zaneti, Marina Milograna; Fanganiello, Ana; Sharan, Pratap; Robles, Rebecca; de Jesus Mari, Jair

    2017-08-01

    The aim of this article is to provide a narrative literature review of the 'third gender' phenomenon in Brazil ( Travestis), India ( Hijras) and Mexico ( Muxes), considering the social stigma, the legal and health aspects of these identities. These three groups share similar experiences of stigmatisation, marginalisation, sexual abuse, HIV infection, infringement of civil rights and harassment accessing health services. Brazil, India and Mexico public services for the third gender conditions are still very scarce and inadequate for the heavy demand from potential users. Although all three countries have used legislation to promote provision of comprehensive healthcare services for third gender, there is still strong resistance to implementation of such laws and policies. Brazil, India and Mexico face a huge challenge to become countries where all human rights are respected.

  14. Lowering the Cost Barrier to Higher Education for Undocumented Students: A Promising University-Level Intervention

    Science.gov (United States)

    Thangasamy, Andrew; Horan, Deborah

    2016-01-01

    Undocumented students, many of Hispanic origin, face among the strictest cost barriers to higher education in the United States. Lack of legal status excludes them from most state and all federal financial aid programs. Furthermore, most states require them to pay out-of-state tuition rates at publicly supported institutions. In a new direction,…

  15. IEA HPP Annex 29 - ground-source heat pumps overcoming technical and market barriers. Status report Norway

    International Nuclear Information System (INIS)

    Stene, Joern

    2004-12-01

    Norway is a member of Annex 29, 'Ground-Source Heat Pump Systems Overcoming Technical and Market Barriers' (2004-2006), organized under the umbrella of the International Energy Agency (IEA) and the IEA Heat Pump Programme (HPP). The 7 participating countries are Austria (Operating Agent), Canada, Japan, Norway, Spain, Sweden and the USA. The Norwegian participation is financed by ENOVA SF, and SINTEF Energy Research is responsible for planning and carrying out the Norwegian activities. This report provides a status for ground-source heat pump (GSHP) systems in Norway with regard to state-of-the-art technology, installation examples, geological data, costs and market opportunities. A Norwegian Internet home page for ground-source heat pump systems (www.energy.sintef.no/prosjekt/Annex29) is also presented. GSHP systems in Norway are classified as direct systems (groundwater and soil/ground) and indirect closed-loop systems (vertical-rock and horizontal-soil/ground). The vast majority of the installations are indirect closed-loop systems utilizing vertical boreholes in rock as a heat source, heat sink and thermal energy storage. GSHP systems are relatively capital intensive installations, but they achieve high energy efficiency due to the relatively high and stable heat source temperature and the fact that a considerable share of the cooling demand in non-residential buildings can be covered by means of free cooling. In order to obtain energy efficient and reliable GSHP installations, it is important to implement a total quality concept where focus is on quality and system integration during all stages of the project. A life cycle analysis (LCA) will be an important tool in such a concept, since both the investment costs as well as the lifetime operational and maintenance costs are included (author) (ml) Litt usikker pae tag 620- ikke en vanlig sintef rapportkode

  16. "I Must Be Silent Because of Residency": Barriers to Escaping Domestic Violence in the Context of Insecure Immigration Status in England and Sweden.

    Science.gov (United States)

    Voolma, Halliki

    2018-02-01

    This article draws on qualitative research examining domestic violence against women with insecure immigration status in England and Sweden. Empirical data were collected through in-depth semistructured interviews with 31 survivors from 14 non-European Union (EU) countries, and 57 professional stakeholders including 19 support service providers. This article reveals a multilayered process of actualizing women's right to live free from violence, with survivors required to be formally eligible for services according to their immigration status, having to prove their eligibility, overcome informal barriers including the fear of deportation, and gain access to accurate information about their rights and services.

  17. Long-Term Climate Change Assessment Task for the Hanford Site Permanent Isolation Barrier Development Program: Status through FY 1992

    International Nuclear Information System (INIS)

    Petersen, K.L.; Chatters, J.C.

    1993-07-01

    The Hanford Site Permanent Isolation Barrier Development Program (Barrier Development Program) was organized (Adams and Wing 1986) to develop the technology needed to provide an in-place disposal capability for the US Department of Energy at the Hanford Site in southeastern Washington. The goals of the Barrier Development Program are to provide defensible evidence that final barrier design(s) will adequately control water infiltration, plant and animal intrusion, and wind and water erosion for a minimum of 1,000 years; to isolate wastes from the accessible environment; and to use markers to warn inadvertent human intruders. Evidence for barrier performance will be obtained by conducting laboratory experiments, field tests, computer modeling, and other studies that establish confidence in the barrier's ability to meet its 1,000-year design life. The performance and stability of natural barrier analogs that have existed for several millennia and the reconstruction of climate changes during the past 10,000 to 125,000 years also will provide insight into bounding conditions of possible future changes and increase confidence in the barriers design. In the following discussion the term open-quotes long-termclose quotes references periods of time up to 1000's of years, distinguishing it from open-quotes short-termclose quotes weather patterns covering a decade or less. Specific activities focus on planning and conducting a series of studies and tests required to confirm key aspects of the barrier design. The effort is a collaborative one between scientists and engineers from Westinghouse Hanford Company (Westinghouse Hanford) and Pacific Northwest Laboratory (PNL) to design barriers to limit movement of radionuclides and other contaminants to the accessible environment for at least 1,000 years. These activities have been divided into 14 groups of tasks that aid in the complete development of protective barrier and warning marker system

  18. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  19. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  20. 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.

  1. 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 ...

  2. medico-legal an overview of some of the key legal developments in ...

    African Journals Online (AJOL)

    Enrique

    Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg. South Africa has a strong legal framework that offers a high level of .... medical practitioners preformed the transplant without confirming the HIV status of the donor. A claim for damages is pending ...

  3. The Legal Needs of People Living with HIV: Evaluating Access to Justice in Los Angeles

    OpenAIRE

    Miyashita, Ayako; Hasenbush, Amira; Wilson, Bianca DM; Meyer, Ilan; Nezhad, Sheila; Sears, Brad

    2015-01-01

    This report summarizes findings of the Legal Assessment of Needs Study (“LeAN Study”) – an online survey with 387 respondents who identified as people living with HIV/AIDS (“PLWH”). We describe respondents’ legal needs, respondents’ experiences getting assistance for identified legal needs from both legal and non-legal sources, and barriers respondents faced in accessing assistance from both legal and non-legal sources. We describe differences and similarities among subpopulations that are tr...

  4. Forced Dependency and Legal Barriers: Implications of the UK’s Immigration and Social Security Policies for Minoritized Women Living in Abusive Intimate Relationships in Northern Ireland

    Directory of Open Access Journals (Sweden)

    Monica McWilliams

    2015-12-01

    Full Text Available This paper examines the complexities of the help-seeking process of minoritized women (primarily asylum-seekers and immigrants experiencing domestic violence in Northern Ireland. The term ‘minoritized’ is used here to emphasize that “minority” status is not a static or innate trait of certain groups but instead is the outcome of a process of being positioned as a minority. The paper addresses the intersections of ethnicity, nationality, class and gender and shows how state policies in relation to immigration and social security reinforce inequalities in gendered power relations. Despite attempts to improve the social security and immigration systems, the findings from a Northern Ireland study show how recent policy changes have not addressed the systemic institutional racism and institutionalised patriarchy in these agencies. Where avenues for action are undermined by such practices, the policies raise concerns about the safety and protection of minoritized women living in abusive relationships. We argue that the UK is failing to meet its human rights responsibilities to provide adequate support and assistance to minoritized women in abusive relationships and conclude that delivering state accountability alongside a human rights framework based on security, autonomy, liberty and equality is what is needed. Este artículo analiza las complejidades del proceso de búsqueda de ayuda en Irlanda del Norte para mujeres pertenecientes a minorías (principalmente solicitantes de asilo e inmigrantes que sufren violencia doméstica. El término 'minoritarizadas' se utiliza aquí para hacer hincapié en que la situación de "minoría" no es un rasgo estático o innato de ciertos grupos, sino que es el resultado de un proceso de ser posicionado como una minoría. El artículo aborda las intersecciones de origen étnico, nacionalidad, clase y género y muestra cómo las políticas estatales en relación a la inmigración y la seguridad social

  5. Legal Change and Stigma in Surrogacy and Abortion.

    Science.gov (United States)

    Robertson, John A

    2015-01-01

    Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away. © 2015 American Society of Law, Medicine & Ethics, Inc.

  6. Are barriers in accessing health services in the Roma population associated with worse health status among Roma?

    NARCIS (Netherlands)

    Jarcuska, P.; Bobakova, D.; Uhrin, J.; Bobak, L.; Babinska, I.; Kolarcik, P.; Veselska, Z.; Madarasova-Geckova, A.

    2013-01-01

    The health of Roma has been found to be poorer than that of the majority population. The aim of this study was to explore the differences between Roma and non-Roma regarding perceived barriers in accessing health services. Furthermore, we aimed to assess the association between self-rated health

  7. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  8. Barriers to Cyber Information Sharing

    Science.gov (United States)

    2014-12-01

    finding out relationships or no relationships. It is more equivalent with this study’s epistemology and methodology than free-mapping or pure...and industry remain educated on and sensitive to methods that can mitigate this concern and ensure antitrust compliance.151 4. Technology...legal scholars. One way to overcome the legal barriers is through education and clarity about the laws that are currently barriers such as anti-trust

  9. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

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

  10. 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.

  11. Denial of abortion in legal settings

    OpenAIRE

    Gerdts, Caitlin; DePi?eres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2014-01-01

    Background Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. Methods In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic ...

  12. The impact of language barriers and immigration status on the care experience for Spanish-speaking caregivers of patients with pediatric cancer.

    Science.gov (United States)

    Zamora, Eduardo R; Kaul, Sapna; Kirchhoff, Anne C; Gwilliam, Vannina; Jimenez, Ornella A; Morreall, Deborah K; Montenegro, Roberto E; Kinney, Anita Y; Fluchel, Mark N

    2016-12-01

    An increasing proportion of pediatric cancer patients in the United States are Latino and many have Spanish-speaking immigrant parents with limited English proficiency (LEP). Little is known about how language or undocumented immigration status impacts their care experience. A cross-sectional survey was administered to English (N = 310) and Spanish-speaking LEP (N = 56) caregivers of pediatric cancer patients. To assess differences in healthcare experiences between the language groups, t-tests and chi-square statistics were used. Multivariable logistic regression evaluated associations between primary language and knowledge of clinical trial status. Spanish-speaking caregivers were more likely to report higher rates of quitting or changing jobs as a direct result of their child's cancer, and their children were more likely to experience a delay in education. Although Spanish-speaking caregivers reported higher satisfaction with care, 32% reported feeling that their child would have received better care if English was their primary language. Spanish-speaking caregivers were more likely to incorrectly identify whether their child was on a clinical trial compared with English-speaking caregivers. The majority of Spanish-speaking caregivers reported at least one undocumented caregiver in the household and 11% of them avoided or delayed medical care for their child due to concerns over their undocumented immigration status. Language barriers and undocumented immigration status may negatively impact the quality of informed decision-making and the care experience for Spanish-speaking LEP caregivers of pediatric cancer patients. These families may benefit from culturally appropriate Spanish language resources to improve communication and open a dialogue regarding undocumented immigration status. © 2016 Wiley Periodicals, Inc.

  13. Internationalization of the animal science undergraduate curriculum: a survey of its current status, barriers to its implementation and its value.

    Science.gov (United States)

    Forsberg, N E; Taur, J S; Xiao, Y; Chesbrough, H

    2003-04-01

    The goal of this project was to identify the current level at which internationalization has been adopted as a theme in the North American animal science curriculum and to identify its value and the barriers to its implementation. We surveyed animal, dairy, and poultry science departments across Canada and the United States. One hundred twenty-four surveys were mailed and 60% were returned. Associations between aspects of internationalization and student outcomes (admission to veterinary and graduate schools and starting salaries) were examined. Although administrators strongly believed internationalization had value, implementation was limited. The most common practices included international content in core animal science classes, advising, international internships, and participation of faculty in international scholarly activities. Few departments have incorporated internationalization into their mission statements or developed a specific international-themed class, scholarships devoted to international activities, or roles for international students. Few departments reported participation of students in international programs. Barriers included finances and limited commitment from higher administration. Student outcomes were positively associated with faculty size, percentage of international faculty, the ratio of international students to the total student population, international content in core animal science classes, a specific international-themed class, availability of international internships, and exchange of class material internationally via the Internet. Departments that did not offer international opportunities had a negative association (r = -0.79) with starting salary, but these relationships may not be causal. Alternatively, progressive departments may attract and retain exceptional students. The analysis indicated an awareness of the value of international programs, positive impacts in student outcomes, and financial barriers to implementation.

  14. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

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

  15. Infant Nutritional Status, Feeding Practices, Enteropathogen Exposure, Socioeconomic Status, and Illness Are Associated with Gut Barrier Function As Assessed by the Lactulose Mannitol Test in the MAL-ED Birth Cohort.

    Science.gov (United States)

    Lee, Gwenyth O; McCormick, Benjamin J J; Seidman, Jessica C; Kosek, Margaret N; Haque, Rashidul; Olortegui, Maribel Paredes; Lima, Aldo A M; Bhutta, Zulfiqar A; Kang, Gagandeep; Samie, Amidou; Amour, Caroline; Mason, Carl J; Ahmed, Tahmeed; Yori, Pablo Peñataro; Oliveira, Domingos B; Alam, Didar; Babji, Sudhir; Bessong, Pascal; Mduma, Estomih; Shrestha, Sanjaya K; Ambikapathi, Ramya; Lang, Dennis R; Gottlieb, Michael; Guerrant, Richard L; Caulfield, Laura E; For The Mal-Ed Network Investigators

    2017-07-01

    The lactulose mannitol (LM) dual sugar permeability test is the most commonly used test of environmental enteropathy in developing countries. However, there is a large but conflicting literature on its association with enteric infection and host nutritional status. We conducted a longitudinal cohort using a single field protocol and comparable laboratory procedures to examine intestinal permeability in multiple, geographically diverse pediatric populations. Using a previously published systematic review to guide the selection of factors potentially associated with LM test results, we examined the relationships between these factors and mucosal breach, represented by percent lactulose excretion; absorptive area, represented by percent mannitol excretion; and gut barrier function, represented by the L/M ratio. A total of 6,602 LM tests were conducted in 1,980 children at 3, 6, 9, and 15 months old; percent lactulose excretion, percent mannitol excretion, and the L/M ratio were expressed as age- and sex-specific normalized values using the Brazil cohort as the reference population. Among the factors considered, recent severe diarrhea, lower socioeconomic status, and recent asymptomatic enteropathogen infections were associated with decreased percent mannitol excretion and higher L/M ratios. Poorer concurrent weight-for-age, infection, and recent breastfeeding were associated with increased percent lactulose excretion and increased L/M ratios. Our results support previously reported associations between the L/M ratio and factors related to child nutritional status and enteropathogen exposure. These results were remarkably consistent across sites and support the hypothesis that the frequency of these exposures in communities living in poverty leads to alterations in gut barrier function.

  16. Microbial status, aerobic stability and fermentation of maize silage sealed with an oxygen barrier film or standard polyethylene film

    Directory of Open Access Journals (Sweden)

    Szilvia Orosz

    2013-03-01

    Full Text Available An experiment was conducted to compare a bunker silo sealing system comprising an oxygen barrier film (OB: 45μm thickness with protective woven polypropylene with one comprising standard black polyethylene film (S; 125μm thickness with protective tyres. Analysis of samples taken to 30 cm depth after 365 days of storage showed no differences in pH or lactic acid between the two sealing systems. There were no differences in aerobic bacterial count between silages. Whilst 2.56 log10 CFU moulds g-1 fresh weight were found in samples of silage sealed with S, no moulds were found in samples of silage sealed with OB. Aerobic stability, averaged 249 hours and 184 hours for OB and S, respectively. The OB system probably inhibited the development of the micro-organisms responsible for the initiation of aerobic deterioration to a greater extent than the standard silo sealing system.  

  17. Development Status and Performance Comparisons of Environmental Barrier Coating Systems for SiCSiC Ceramic Matrix Composites

    Science.gov (United States)

    Zhu, Dongming; Harder, Bryan

    2016-01-01

    Environmental barrier coatings (EBC) and SiCSiC ceramic matrix composites (CMCs) will play a crucial role in future aircraft turbine engine systems, because of their ability to significantly increase engine operating temperatures, reduce engine weight and cooling requirements. This paper presents current NASA EBC-CMC development emphases including: the coating composition and processing improvements, laser high heat flux-thermal gradient thermo-mechanical fatigue - environmental testing methodology development, and property evaluations for next generation EBC-CMC systems. EBCs processed with various deposition techniques including Plasma Spray, Electron Beam - Physical Vapor Deposition, and Plasma Spray Physical Vapor Deposition (PS-PVD) will be particularly discussed. The testing results and demonstrations of advanced EBCs-CMCs in complex simulated engine thermal gradient cyclic fatigue, oxidizing-steam and CMAS environments will help provide insights into the coating development strategies to meet long-term engine component durability goals.

  18. Socio-Economic Status: A Barrier to Access to Mandibular Advancement Device Therapy for Patients with Obstructive Sleep Apnea Syndrome in France.

    Science.gov (United States)

    Fleury, Marion; Le Vaillant, Marc; Pelletier-Fleury, Nathalie

    2015-01-01

    Obstructive sleep apnea syndrome (OSAS) is a major public health problem which affects between 5 to 10% of the general population. OSAS is known to be associated with high rates of morbidity and mortality mainly due to cardiovascular diseases and traffic accidents. The burden of illness is high for the individual and society. There are 2 treatment options for OSAS, Continuous Positive Airway Pressure (CPAP) and Mandibular Advancement Device therapy (MAD). CPAP is known to be an effective but very constraining treatment. Patients are usually poorly adherent. MAD is a more recent treatment easier to use and consequently better tolerated, but MAD can only be prescribed to patients with satisfactory oral hygiene. Oral health constitutes a real issue particularly among underprivileged groups in France. Through this link, the question of whether low socio-economic status constitutes a barrier to access to care for patients with OSAS is raised. In a multicenter prospective cohort of 2822 consecutive OSAS patients in whom MAD has been proposed as an alternative to CPAP between May 15, 2007 and December 1st, 2014, we identified the factors that lead to a patient diagnosed with OSAS to be treated by MAD instead of CPAP. A logistic regression was performed using a stepwise forward procedure. The main outcome of the study was that treatment by MAD was significantly associated with both educational attainment, as determined by the age at which the patient left full-time education, ≥18 years compared with economic status constitutes a barrier to access to MAD for patients with OSAS in France. MAD use in patients with OSAS highlights inequalities in health care access.

  19. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  20. How did Islam contribute to change the legal status of women: The case of the jawārī or the Female Slaves

    Directory of Open Access Journals (Sweden)

    ‘Athamina, Khalil

    2007-12-01

    Full Text Available This article studies the transformations which took place in the legal status of slave women (jawārī, as a consequence of the spread of Islam among Arabs. The author analyzes religious, historical and social factors including the change of criteria in regard to war booty sharing, treatment of war prisoners, the introduction of the concept of umm al-walad, etc. The social impact of these transformations on slave women and on the families they belonged to, are also part of the focus of analysis.

    Este artículo analiza los cambios que se produjeron en el estatus legal de las esclavas (ŷawārī con la introducción y expansión del islam entre los árabes. El autor analiza tanto las causas religiosas como las debidas a factores históricos y sociales: cambio en los criterios del reparto del botín de guerra, en el trato y uso de las prisioneras de guerra, introducción del concepto de umm al-walad, etc. Igualmente, se estudia la repercusión social que tuvieron estos cambios para las esclavas y para las familias a las que pertenecían.

  1. ?This Is Real Misery?: Experiences of Women Denied Legal Abortion in Tunisia

    OpenAIRE

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal aborti...

  2. In vivo EPR pharmacokinetic evaluation of the redox status and the blood brain barrier permeability in the SOD1G93A ALS rat model.

    Science.gov (United States)

    Stamenković, Stefan; Pavićević, Aleksandra; Mojović, Miloš; Popović-Bijelić, Ana; Selaković, Vesna; Andjus, Pavle; Bačić, Goran

    2017-07-01

    Amyotrophic lateral sclerosis (ALS) is a fatal neurodegenerative disorder affecting the motor pathways of the central nervous system. Although a number of pathophysiological mechanisms have been described in the disease, post mortem and animal model studies indicate blood-brain barrier (BBB) disruption and elevated production of reactive oxygen species as major contributors to disease pathology. In this study, the BBB permeability and the brain tissue redox status of the SOD1 G93A ALS rat model in the presymptomatic (preALS) and symptomatic (ALS) stages of the disease were investigated by in vivo EPR spectroscopy using three aminoxyl radicals with different cell membrane and BBB permeabilities, Tempol, 3-carbamoyl proxyl (3CP), and 3-carboxy proxyl (3CxP). Additionally, the redox status of the two brain regions previously implicated in disease pathology, brainstem and hippocampus, was investigated by spectrophotometric biochemical assays. The EPR results indicated that among the three spin probes, 3CP is the most suitable for reporting the intracellular redox status changes, as Tempol was reduced in vivo within minutes (t 1/2 =2.0±0.5min), thus preventing reliable kinetic modeling, whereas 3CxP reduction kinetics gave divergent conclusions, most probably due to its membrane impermeability. It was observed that the reduction kinetics of 3CP in vivo, in the head of preALS and ALS SOD1 G93A rats was altered compared to the controls. Pharmacokinetic modeling of 3CP reduction in vivo, revealed elevated tissue distribution and tissue reduction rate constants indicating an altered brain tissue redox status, and possibly BBB disruption in these animals. The preALS and ALS brain tissue homogenates also showed increased nitrilation, superoxide production, lipid peroxidation and manganese superoxide dismutase activity, and a decreased copper-zinc superoxide dismutase activity. The present study highlights in vivo EPR spectroscopy as a reliable tool for the investigation of

  3. 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....

  4. Socio-Economic Status: A Barrier to Access to Mandibular Advancement Device Therapy for Patients with Obstructive Sleep Apnea Syndrome in France.

    Directory of Open Access Journals (Sweden)

    Marion Fleury

    Full Text Available Obstructive sleep apnea syndrome (OSAS is a major public health problem which affects between 5 to 10% of the general population. OSAS is known to be associated with high rates of morbidity and mortality mainly due to cardiovascular diseases and traffic accidents. The burden of illness is high for the individual and society. There are 2 treatment options for OSAS, Continuous Positive Airway Pressure (CPAP and Mandibular Advancement Device therapy (MAD. CPAP is known to be an effective but very constraining treatment. Patients are usually poorly adherent. MAD is a more recent treatment easier to use and consequently better tolerated, but MAD can only be prescribed to patients with satisfactory oral hygiene. Oral health constitutes a real issue particularly among underprivileged groups in France. Through this link, the question of whether low socio-economic status constitutes a barrier to access to care for patients with OSAS is raised.In a multicenter prospective cohort of 2822 consecutive OSAS patients in whom MAD has been proposed as an alternative to CPAP between May 15, 2007 and December 1st, 2014, we identified the factors that lead to a patient diagnosed with OSAS to be treated by MAD instead of CPAP. A logistic regression was performed using a stepwise forward procedure. The main outcome of the study was that treatment by MAD was significantly associated with both educational attainment, as determined by the age at which the patient left full-time education, ≥18 years compared with <18 (adjusted odds ratio (aOR: 1.64, 95% CI 1.23 to 2.20, and the patient's occupational category. Executives and higher intellectual professions, intermediate professions, technicians, foremen and employees were significantly more likely to be treated by MAD than workers (aOR: 2.21, 95% CI 1.88 to 2.58; aOR: 1.74, 95% CI 1.15 to 2.63; aOR: 1.96, 95% CI 1.11 to 3.47, respectively.Overall, these results suggest that low socio-economic status constitutes a

  5. Socio-Economic Status: A Barrier to Access to Mandibular Advancement Device Therapy for Patients with Obstructive Sleep Apnea Syndrome in France

    Science.gov (United States)

    Fleury, Marion; Le Vaillant, Marc; Pelletier-Fleury, Nathalie

    2015-01-01

    Background Obstructive sleep apnea syndrome (OSAS) is a major public health problem which affects between 5 to 10% of the general population. OSAS is known to be associated with high rates of morbidity and mortality mainly due to cardiovascular diseases and traffic accidents. The burden of illness is high for the individual and society. There are 2 treatment options for OSAS, Continuous Positive Airway Pressure (CPAP) and Mandibular Advancement Device therapy (MAD). CPAP is known to be an effective but very constraining treatment. Patients are usually poorly adherent. MAD is a more recent treatment easier to use and consequently better tolerated, but MAD can only be prescribed to patients with satisfactory oral hygiene. Oral health constitutes a real issue particularly among underprivileged groups in France. Through this link, the question of whether low socio-economic status constitutes a barrier to access to care for patients with OSAS is raised. Methods and Principal Findings In a multicenter prospective cohort of 2822 consecutive OSAS patients in whom MAD has been proposed as an alternative to CPAP between May 15, 2007 and December 1st, 2014, we identified the factors that lead to a patient diagnosed with OSAS to be treated by MAD instead of CPAP. A logistic regression was performed using a stepwise forward procedure. The main outcome of the study was that treatment by MAD was significantly associated with both educational attainment, as determined by the age at which the patient left full-time education, ≥18 years compared with foremen and employees were significantly more likely to be treated by MAD than workers (aOR: 2.21, 95% CI 1.88 to 2.58; aOR: 1.74, 95% CI 1.15 to 2.63; aOR: 1.96, 95% CI 1.11 to 3.47, respectively). Conclusions Overall, these results suggest that low socio-economic status constitutes a barrier to access to MAD for patients with OSAS in France. MAD use in patients with OSAS highlights inequalities in health care access. PMID:26402443

  6. 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....

  7. Current treatment status and barriers for patients with chronic HCV infection in mainland China: A national multicenter cross-sectional survey in 56 hospitals.

    Science.gov (United States)

    Bian, Dan-Dan; Zhou, Hai-Yang; Liu, Shuang; Liu, Mei; Duan, Carol; Zhang, Jin-Yan; Jiang, Ying-Ying; Wang, Ting; Chen, Yu; Wang, Zhao; Zheng, Su-Jun; Duan, Zhong-Ping

    2017-08-01

    Chronic hepatitis C virus (HCV) infection is a serious public health problem worldwide. China, as the country with the largest number of HCV infections in the world, plays a significant role in eliminating hepatitis C. Due to different financial situations and education background, hepatitis C patients take different actions for their disease treatment and management. Therefore, antiviral treatment status should be attached great importance to learn the medical demand of patients. A nationwide, multicenter survey was conducted from July 2015 to June 2016. Of 1798 inpatients and outpatients with chronic HCV from 56 hospitals participated in the survey. Each patient completed the questionnaire with questions about his/her antiviral therapy status, perception of treatment barriers, and expectations for future treatment. In total 1622 patients, including 1241 with chronic hepatitis C, 344 with cirrhosis, and 37 patients with hepatocellular carcinoma, fulfilled data collection requirements and finally were included in analysis. Overall, up to 30.7% of the patients had not or currently does not intend to receive antiviral therapy. The main reason was expecting more potent and well-tolerance medication (31.5%), followed by the fear of interferon related side effects (27.5%). Multiple regression analysis showed that the patient's annual income, the severity of HCV, and comorbidity were independent predictors of not receiving antiviral therapy. The whole patients were expecting more potent and well tolerance medication available soon. In summary, Peg-IFN/RBV treatment regimen cannot meet the need of patients well, and safe and efficient direct-acting antivirals are urgently needed in mainland China.

  8. Legal and Administrative Constraints to Small and Medium Sized ...

    African Journals Online (AJOL)

    The fulfilment of business entry requirements entails transactions costs which are by far more than the legal costs. ... francs (218.2% for the sole proprietor and 3,003,790.4 francs (600.8%) for incorporated SMEs. legal and administrative requirements thus form a major barrier to the creation of SMEs in this country.

  9. Socio-Structural Barriers, Protective Factors, and HIV Risk Among Central-Asian Female Migrants in Moscow

    Directory of Open Access Journals (Sweden)

    Christopher Zabrocki

    2013-07-01

    Full Text Available Objective: This study aimed to build formative knowledge on socio-structural barriers, protective factors, and HIV sexual risk amongst Central-Asian female migrants in Moscow. Methods: Data collection included ethnographic interviews in Moscow with a purposive sample of 30 unmarried female migrants, 15 from Kyrgyzstan and 15 from Tajikistan. Results: Study participants reported difficulties with acquiring documents for legal status, financial insecurity, discrimination, sexual harassment, and lack of support. Based on analysis of the cases, one pathway linked lack of legal documentation and instrumental support with elevated sexual risk. Another pathways linked traditional cultural attitudes with both no and moderate sexual risk. Conclusion: Future HIV prevention efforts with Central Asian female migrants in Moscow should be multilevel and include: increasing HIV and prevention knowledge and skills, promoting condom use with regular partners, identifying and supporting cultural attitudes that protect against HIV sexual risk behaviors, facilitating legal status, building community support, and increasing economic options.

  10. Association between parents' preferences and perceptions of barriers to vaccination and the immunization status of their children: a study from Pediatric Research in Office Settings and the National Medical Association.

    Science.gov (United States)

    Taylor, James A; Darden, Paul M; Brooks, Dennis A; Hendricks, J W; Wasserman, Richard C; Bocian, Alison B

    2002-12-01

    To assess the association between parents' perceptions of various barriers to vaccination and their preferences regarding specific strategies designed to reduce missed vaccination opportunities and the immunization status of their children and to estimate the overall contribution of the perception of barriers on underimmunization among children who are vaccinated in pediatricians' offices. As part of a nationwide study on the immunization status of children followed by practicing pediatricians, parents of children who were 8 to 35 months of age and seen consecutively at 177 participating practice sites completed a survey on health beliefs regarding the vaccination process. In addition to demographic information, parents were asked to identify the most difficult thing about obtaining immunizations, as well as their preferences regarding the maximum number of vaccine injections that should be administered to their child at 1 visit and for receiving a needed immunization during an office visit for a mild illness. Immunization data on study children were abstracted from the practice medical record, and specific survey responses for each parent were compared with the immunization status of his or her child at 8 months of age using chi2 tests. For parental health beliefs associated with immunization status by bivariate analyses, the relative risks for underimmunization and population-attributable risk percentages of each belief were calculated after potentially confounding variables were adjusted for. Immunization data were collected on 13 520 children; 13 516 parents responded to at least 1 question regarding vaccination health beliefs. Two thirds of the responding parents indicated that their child should receive no more than 2 immunizations at 1 visit. However, there was no difference in the preferred maximum number of vaccines between parents of children who were fully immunized at 8 months of age and those of underimmunized children. Similarly, there was no

  11. Oral health status, dental treatment needs, and barriers to dental care of elderly care home residents in Lodz, Poland

    Directory of Open Access Journals (Sweden)

    Gaszynska E

    2014-09-01

    Full Text Available Ewelina Gaszynska,1 Franciszek Szatko,1 Malgorzata Godala,2 Tomasz Gaszynski3 1Department of Hygiene and Health Promotion, Medical University of Lodz, Lodz, Poland; 2Department of Nutrition and Epidemiology, Medical University of Lodz, Lodz, Poland; 3Department of Emergency Medicine and Disaster Medicine, Medical University of Lodz, Lodz, Poland Objectives: To determine oral health status, dental treatment needs, and to identify barriers that prevent easy access to dental care by elderly care home residents in Lodz.Background: Studies in many countries show that oral health status of elderly care home residents is poor and there is an urgent need to improve it.Methods: The study included 259 care home residents, aged 65 years and older. The oral examination was performed. In face-to-face interviews, subjects were asked about frequency of cleaning teeth and/or dentures, whether they needed assistance, and whether the assistance was available; they were also asked about the perceived dental needs, and about the time since their last visit to a dentist and the purpose of the visit. If they had not visited the dentist in the past 12 months, they were asked about reasons for failing to visit the dentist.Results: Forty-six percent of the subjects were edentulous. Only 5.8% of all participants had a sufficient number of functional natural teeth. Dental treatment was found to be necessary in 59.8% of the respondents. One in four subjects reported reduced ability of correctly cleaning teeth and dentures themselves, of whom only one-third were helped by others. An insufficient level of hygiene was found in every other subject. About 42% of residents had not visited a dentist for over 5 years, mainly due to organizational reasons.Conclusion: Expanding the current scope of medical care for the elderly care home residents to include dental care would improve their currently poor oral health status. Keywords: dental care, institutionalized elderly

  12. Legal scenario in burn care in India

    OpenAIRE

    Shah Atul

    2010-01-01

    Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensati...

  13. 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 ...

  14. The Legal Needs of Transgender Women Living with HIV: Evaluating Access to Justice in Los Angeles

    OpenAIRE

    Miyashita, Ayako; Hasenbush, Amira; Sears, Brad

    2015-01-01

    This report summarizes findings of the Legal Assessment of Needs Study (“LeAN Study”) – an online survey with 387 respondents who identified as people living with HIV/AIDS – for transgender women living with HIV in Los Angeles County. We describe respondents’ legal needs, respondents’ experiences getting assistance for identified legal needs from both legal and non-legal sources, and barriers respondents faced in accessing assistance from both legal and non-legal sources. We describe differen...

  15. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

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

  16. Barriers to uptake of early infant HIV testing in Zambia: the role of intimate partner violence and HIV status disclosure within couples.

    Science.gov (United States)

    Hampanda, Karen M; Nimz, Abigail M; Abuogi, Lisa L

    2017-03-21

    Early detection of pediatric HIV through uptake of infant HIV testing is critical for access to treatment and child survival. While structural barriers have been well described, a greater understanding of social and behavioral factors that may relate to maternal uptake of early infant HIV testing services is urgently needed. The aim of this study was to explore how gender power dynamics within couples affect HIV-positive women's uptake of early infant HIV testing at a large health center in Lusaka, Zambia. In 2014, 320 HIV-positive married postpartum women were recruited at a large public health facility in Lusaka to participate in a cross-sectional survey. Data on uptake of early infant HIV testing by 4-6 weeks of age was collected through medical records. Simple and multiple logistic regression models determined significant predictors of maternal uptake of early infant HIV testing. In the adjusted model, uptake of early infant HIV testing was associated with female-directed emotional intimate partner violence (aOR 0.41; 95% CI 0.21-0.79; p partner (aOR 13.73, 95% CI 3.59-52.49, p violence and HIV status disclosure to the male partner, may play an important role in maternal uptake of early infant HIV testing. These findings provide additional evidence for the link between intimate partner violence against women and poor HIV-related health outcomes. Programs that adequately screen for and address various forms of intimate partner violence within the context of prevention of mother-to-child transmission are recommended.

  17. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

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

  18. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

    Full Text Available In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to

  19. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  20. [Legalization of drugs--pro and con].

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.

  1. 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.

  2. Certain legal aspects of derivatives.

    Science.gov (United States)

    Cloney, T J

    1994-01-01

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

  3. The challenge of change in acute mental health services: measuring staff perceptions of barriers to change and their relationship to job status and satisfaction using a new measure (VOCALISE).

    Science.gov (United States)

    Laker, Caroline; Callard, Felicity; Flach, Clare; Williams, Paul; Sayer, Jane; Wykes, Til

    2014-02-20

    Health services are subject to frequent changes, yet there has been insufficient research to address how staff working within these services perceive the climate for implementation. Staff perceptions, particularly of barriers to change, may affect successful implementation and the resultant quality of care. This study measures staff perceptions of barriers to change in acute mental healthcare. We identify whether occupational status and job satisfaction are related to these perceptions, as this might indicate a target for intervention that could aid successful implementation. As there were no available instruments capturing staff perceptions of barriers to change, we created a new measure (VOCALISE) to assess this construct. All nursing staff from acute in-patient settings in one large London mental health trust were eligible. Using a participatory method, a nurse researcher interviewed 32 staff to explore perceptions of barriers to change. This generated a measure through thematic analyses and staff feedback (N = 6). Psychometric testing was undertaken according to standard guidelines for measure development (N = 40, 42, 275). Random effects models were used to explore the associations between VOCALISE, occupational status, and job satisfaction (N = 125). VOCALISE was easy to understand and complete, and showed acceptable reliability and validity. The factor analysis revealed three underlying constructs: 'confidence,' 'de-motivation' and 'powerlessness.' Staff with negative perceptions of barriers to change held more junior positions, and had poorer job satisfaction. Qualitatively, nursing assistants expressed a greater sense of organisational unfairness in response to change. VOCALISE can be used to explore staff perceptions of implementation climate and to assess how staff attitudes shape the successful outcomes of planned changes. Negative perceptions were linked with poor job satisfaction and to those occupying more junior roles, indicating a

  4. Lack of knowledge of HIV status a major barrier to HIV prevention, care and treatment efforts in Kenya: results from a nationally representative study.

    Directory of Open Access Journals (Sweden)

    Peter Cherutich

    Full Text Available BACKGROUND: We analyzed HIV testing rates, prevalence of undiagnosed HIV, and predictors of testing in the Kenya AIDS Indicator Survey (KAIS 2007. METHODS: KAIS was a nationally representative sero-survey that included demographic and behavioral indicators and testing for HIV, HSV-2, syphilis, and CD4 cell counts in the population aged 15-64 years. We used gender-specific multivariable regression models to identify factors independently associated with HIV testing in sexually active persons. RESULTS: Of 19,840 eligible persons, 80% consented to interviews and blood specimen collection. National HIV prevalence was 7.1% (95% CI 6.5-7.7. Among ever sexually active persons, 27.4% (95% CI 25.6-29.2 of men and 44.2% (95% CI 42.5-46.0 of women reported previous HIV testing. Among HIV-infected persons, 83.6% (95% CI 76.2-91.0 were unaware of their HIV infection. Among sexually active women aged 15-49 years, 48.7% (95% CI 46.8-50.6 had their last HIV test during antenatal care (ANC. In multivariable analyses, the adjusted odds ratio (AOR for ever HIV testing in women ≥35 versus 15-19 years was 0.2 (95% CI: 0.1-0.3; p<0.0001. Other independent associations with ever HIV testing included urban residence (AOR 1.6, 95% CI: 1.2-2.0; p = 0.0005, women only, highest wealth index versus the four lower quintiles combined (AOR 1.8, 95% CI: 1.3-2.5; p = 0.0006, men only, and an increasing testing trend with higher levels of education. Missed opportunities for testing were identified during general or pregnancy-specific contacts with health facilities; 89% of adults said they would participate in home-based HIV testing. CONCLUSIONS: The vast majority of HIV-infected persons in Kenya are unaware of their HIV status, posing a major barrier to HIV prevention, care and treatment efforts. New approaches to HIV testing provision and education, including home-based testing, may increase coverage. Targeted interventions should involve sexually active men, sexually

  5. 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…

  6. 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

  7. Apoplastic Diffusion Barriers in Arabidopsis

    Science.gov (United States)

    Schreiber, Lukas; Franke, Rochus Benni; Geldner, Niko; Reina-Pinto, José J.; Kunst, Ljerka

    2013-01-01

    During the development of Arabidopsis and other land plants, diffusion barriers are formed in the apoplast of specialized tissues within a variety of plant organs. While the cuticle of the epidermis is the primary diffusion barrier in the shoot, the Casparian strips and suberin lamellae of the endodermis and the periderm represent the diffusion barriers in the root. Different classes of molecules contribute to the formation of extracellular diffusion barriers in an organ- and tissue-specific manner. Cutin and wax are the major components of the cuticle, lignin forms the early Casparian strip, and suberin is deposited in the stage II endodermis and the periderm. The current status of our understanding of the relationships between the chemical structure, ultrastructure and physiological functions of plant diffusion barriers is discussed. Specific aspects of the synthesis of diffusion barrier components and protocols that can be used for the assessment of barrier function and important barrier properties are also presented. PMID:24465172

  8. Fumbling toward a Critical Legal Pedagogy and Practice

    Science.gov (United States)

    Matambanadzo, Saru

    2006-01-01

    This article argues that the culture and practice of legal education in the United States functions to dehumanize law students and potentially produce one-dimensional lawyers in the service of corporate interests and the capitalist status quo. These lawyers are trained to serve not only as the guardians of legal rights, social entitlements and…

  9. 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…

  10. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

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

  11. 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...

  12. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

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

  13. Building barriers.

    Science.gov (United States)

    Turksen, Kursad

    2017-10-02

    Formation of tissue barriers starts in early development where it is critical for normal cell fate selection, differentiation and organogenesis. Barrier maintenance is critical to the ongoing function of organs during adulthood and aging. Dysfunctional tissue barrier formation and function at any stage of the organismal life cycle underlies many disease states.

  14. Employment and Adults Who Are Deaf or Hard of Hearing: Current Status and Experiences of Barriers, Accommodations, and Stress in the Workplace.

    Science.gov (United States)

    Punch, Renée

    2016-01-01

    In an integrative review of the literature covering the period 2004-2016, the author presents a current picture of the situation of people who are deaf or hard of hearing (DHH) relative to employment and careers-particularly the barriers, facilitators, and stress levels experienced by working DHH adults. First, an overview is provided of findings from recent reports on employment outcomes for people who are DHH. Second, the author reviews the literature on employment and workplace barriers, facilitators, and accommodations for people who are DHH, and relates findings about DHH people's workplace-related stress and fatigue levels and the associated issues of job demand, job control, and social support in the workplace. The article concludes with a discussion of the implications of these findings, in particular the ways in which barriers to full participation of DHH people in the labor market can be addressed.

  15. 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.

  16. 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

  17. Legal scenario in burn care in India.

    Science.gov (United States)

    Shah, Atul Kumar

    2010-09-01

    Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen's compensation act, Persons with disabilities act and guidelines for calculation of physical impairments are listed.

  18. Legal scenario in burn care in India

    Directory of Open Access Journals (Sweden)

    Shah Atul

    2010-10-01

    Full Text Available Physicians engaged in management of burn patients in India need to keep themselves abreast with the legal requirements. Clinical burn management and liaison with local authorities go almost parallel. Concept of the legal rights of Burn Survivor and the family are emerging now in India. Demarcation between physical impairment status and disability to sustain are discussed. Burn Physicians can help their patients by imparting this information. Pertinent details about Workmen′s compensation act, Persons with disabilities act and guidelines for calculation of physical impairments are listed.

  19. Association between barriers and facilitators to meeting the Dietary Guidelines for Americans and body weight status of caregiver-child dyads: The HEALTH study

    Science.gov (United States)

    Few Americans meet the Dietary Guidelines for Americans (DGA) yet, a large percentage are overweight. The goal of this research was to examine the association between barriers and facilitators to meeting the DGA and weight in a multi-site study. In a cross-sectional study, a total of 836 caregiver-c...

  20. 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.

  1. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

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

  2. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

  3. Addressing Social Determinants Of Health Through Medical-Legal Partnerships.

    Science.gov (United States)

    Regenstein, Marsha; Trott, Jennifer; Williamson, Alanna; Theiss, Joanna

    2018-03-01

    The US health care system needs effective tools to address complex social and environmental issues that perpetuate health inequities, such as food insecurity, education and employment barriers, and substandard housing conditions. The medical-legal partnership is a collaborative intervention that embeds civil legal aid professionals in health care settings to address seemingly intractable social problems that contribute to poor health outcomes and health disparities. More than three hundred health care organizations are home to medical-legal partnerships. This article draws upon national survey data and field research to identify three models of the medical-legal partnership that health care organizations have adopted and the core elements of infrastructure that they share. Financing and commitment from health care organizations are key considerations for sustaining and scaling up the medical-legal partnership as a health equity intervention.

  4. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  5. 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

  6. 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.

  7. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  8. 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)

  9. Normas jurídicas para a restauração ecológica: uma barreira a mais a dificultar o êxito das iniciativas? Legal rules for ecological restoration: an additional barrier to hinder the success of initiatives?

    Directory of Open Access Journals (Sweden)

    Giselda Durigan

    2010-06-01

    legislation. Here we offer a critical analysis of the resolution SMA 08 of the Secretary of Environment of the State of Sao Paulo, a law which aims to standardize the mixed planting of degraded areas. We believe that the State rules are based on assumptions not supported by scientific experimentation, since the present understanding of ecological processes involved in the restoration of tropical forests is far from being sufficient for standards or norms to be established as yet on this vast subject. In addition, the technicians who prepare projects and those who license and monitor such projects do not have the knowledge necessary to implement the rules of the Resolution. We also argue that strict rules are likely to constrain creativity and inhibit initiatives of scientists and restoration practitioners, and thus constitute a barrier to innovation and creativity. It also may well retard expansion of restoration to wider areas. From the perspective of biodiversity conservation objectives, we also believe that the creation of commercial demand for propagation material of rare and threatened species could endanger the conservation of natural populations of these species, which should be targeted for specific programs. In conclusion, we suggest that the Resolution has not helped to accelerate the expansion of restored areas nor does it increase the probability of success of restoration initiatives.

  10. [The legal framework to prevent teenage pregnancies].

    Science.gov (United States)

    Leal, Ingrid; Luttges, Carolina; Troncoso, Paulina; Leyton, Carolina; Molina, Temistocles; Eguiguren, Pamela

    2016-05-01

    There are legal regulations about sexual and reproductive rights of adolescents. However, this legal framework (LF) may have contradictory elements: there are laws assuring confidentiality and access to contraception at any age but there are other laws that consider any sexual contact with an adolescent younger than 14 a sexual assault, whose report to the legal authorities in mandatory. To explore the knowledge and clinical practice of primary health care (PHC) providers regarding prevention of teenage pregnancy. Qualitative study collecting data using semi-structured interviews made to midwives and directors of PHC centers. Analysis of the data was based on Grounded Theory. There is a differentiated clinical care for pregnancy prevention among adolescents if they are over 14 years old. This is due to the LF, specifically to the sexual crime’s law (19,927) and the law about regulation of the fertility (20,418). The differences affect health care, access and counseling about contraception and confidentiality. Healthcare of teenagers under the age of 14 is perceived as problematic for providers, due to the possible legal implications. The LF causes insecurity on health care providers and derives in a differentiated clinical approach according to the patient´s age. This is a barrier to provide timely and confidential access to counseling and contraception.

  11. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

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

  12. 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.

  13. The physical health status, service utilisation and barriers to accessing care for asylum seekers residing in the community: a systematic review of the literature.

    Science.gov (United States)

    Hadgkiss, Emily J; Renzaho, Andre M N

    2014-05-01

    To document physical health problems that asylum seekers experience on settlement in the community and to assess their utilisation of healthcare services and barriers to care, in an international context. A systematic review of quantitative and qualitative studies was undertaken according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses. MEDLINE, PsycINFO, Embase and CINAHL databases were searched from 2002 to October 2012, focusing on adult asylum seekers residing in the community in high-income countries. The search yielded 1499 articles, of which 32 studies met the inclusion criteria - 23 quantitative and nine qualitative. Asylum seekers had complex health profiles spanning a range of infectious diseases, chronic non-communicable conditions, and reproductive-health issues. They appeared to utilise health services at a higher rate than the host population, yet faced significant barriers to care. The findings of this study highlight the health inequities faced by asylum seekers residing in the communities of host countries, internationally. National data on asylum seekers' health profiles, service utilisation and barriers to care, as well as cross-country policy comparisons, are urgently required for the development of effective Australian health programs and evidence-based policy. What is known about the topic? The clinical and political focus of asylum seekers' health has largely been on the higher incidence of mental disorders and the impact of immigration detention. Since policy changes made in late 2011, an increasing number of asylum seekers have been permitted to live in the community while their claims are processed. There is a paucity of research exploring the physical health needs of asylum seekers residing in the community. What does this paper add? The international literature highlights the complexity of asylum seekers' health profiles. Although they appear to utilise health services at a higher rate than the host population

  14. Quality versus Quantity: The Role of Socioeconomic Status on Parent-Reported Service Knowledge, Service Use, Unmet Service Needs, and Barriers to Service Use

    Science.gov (United States)

    Pickard, Katherine E.; Ingersoll, Brooke R.

    2016-01-01

    Research within the autism spectrum disorder field has emphasized the role of socioeconomic status in shaping parents' ability to access services for their child with autism spectrum disorder. However, research has yet to explore the possible mechanisms underlying this relationship. This study sought to address this research gap by examining the…

  15. TITAN Legal Weight Truck cask preliminary design report

    International Nuclear Information System (INIS)

    1990-04-01

    The Preliminary Design of the TITAN Legal Weight Truck (LWT) Cask System and Ancillary Equipment is presented in this document. The scope of the document includes the LWT cask with fuel baskets; impact limiters, and lifting and tiedown features; the cask support system for transportation; intermodal transfer skid; personnel barrier; and cask lifting yoke assembly. 75 figs., 48 tabs

  16. AIDS, travel and migration: legal and human rights aspects.

    Science.gov (United States)

    Tomasevski, K

    1991-01-01

    This article discusses the legal and human rights aspects of AIDS, travel, and migration in Africa. Restrictions upon migration and travel in the context of HIV/AIDS have directed attention on the jeopardy of free international movement and the need to uphold it. International travel and migration have been blamed for introducing HIV and restrictions imposed to prevent the import of such disease. Contemporary legal and administrative barriers to free movement of people across national borders are similar to the physical barriers imposed to prevent the spread of diseases in past centuries. However, physical barriers failed to prevent the international spread of diseases and legal and administrative barriers have been proven ineffective. Meanwhile, responses to HIV/AIDS set patterns for other health-related issues and to affect the entire legal framework of international travel and migration. Based on previous studies, data on migratory flows and numbers of travelers and migrants are scarce in Africa. Migrants represent more or less 10% of the population of sub-Saharan Africa or 35 million persons, including some 60 million refugees.

  17. 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)

  18. 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

  19. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  20. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

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

  1. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  2. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  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. 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.

  5. 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

  6. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

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

  7. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

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

  8. Distribution and abundance of anadromous Sea Lamprey Spawners in a fragmented stream: Current status and potential range expansion following barrier removal

    Science.gov (United States)

    Zydlewski, Joseph D.; Gardner, Cory; Coghlan, Stephen M.

    2012-01-01

    Dams fragment watersheds and prevent anadromous fishes from reaching historic spawning habitat. Sedgeunkedunk Stream, a small tributary to the Penobscot River (Maine), has been the focus of efforts to reestablish marine-freshwater connectivity and restore anadromous fishes via the removal of two barriers to fish migration. Currently, Petromyzon marinus (Sea Lamprey) is the only anadromous fish known to spawn successfully in the stream downstream of the lowermost dam. Here, we describe the distribution and abundance of a spawning population of Sea Lamprey in Sedgeunkedunk Stream, prior to and in anticipation of habitat increase after the completion of one barrier removal. In 2008, we estimated the abundance of Sea Lamprey and its nests using daily stream surveys and an open-population mark-recapture model. We captured 47 Sea Lamprey and implanted each with a PIT tag so that we could track movements and nest associations of individual fish. The spawning migration began on 18 June, and the last living individual was observed on 27 June. We located 31 nests, distributed from head-of-tide to the lowermost dam; no spawners or nests were observed in the tidally influenced zone or upstream of this dam. Mean longevity in the stream and the number of nests attended were correlated with arrival date; early migrants were alive longer and attended more nests than later migrants. Males were more likely to be observed away from a nest, or attending three or more nests, than were females, which attended usually one or two nests. We observed a negative association between nest abundance and substrate cover by fine sediment. Based on their observed movements in the system, and the extent of their habitat use, we anticipate that spawning Sea Lamprey will recolonize formerly inaccessible habitat after dam removals.

  9. (R-[11C]Verapamil PET studies to assess changes in P-glycoprotein expression and functionality in rat blood-brain barrier after exposure to kainate-induced status epilepticus

    Directory of Open Access Journals (Sweden)

    Lammertsma Adriaan A

    2011-01-01

    Full Text Available Abstract Background Increased functionality of efflux transporters at the blood-brain barrier may contribute to decreased drug concentrations at the target site in CNS diseases like epilepsy. In the rat, pharmacoresistant epilepsy can be mimicked by inducing status epilepticus by intraperitoneal injection of kainate, which leads to development of spontaneous seizures after 3 weeks to 3 months. The aim of this study was to investigate potential changes in P-glycoprotein (P-gp expression and functionality at an early stage after induction of status epilepticus by kainate. Methods (R-[11C]verapamil, which is currently the most frequently used positron emission tomography (PET ligand for determining P-gp functionality at the blood-brain barrier, was used in kainate and saline (control treated rats, at 7 days after treatment. To investigate the effect of P-gp on (R-[11C]verapamil brain distribution, both groups were studied without or with co-administration of the P-gp inhibitor tariquidar. P-gp expression was determined using immunohistochemistry in post mortem brains. (R-[11C]verapamil kinetics were analyzed with approaches common in PET research (Logan analysis, and compartmental modelling of individual profiles as well as by population mixed effects modelling (NONMEM. Results All data analysis approaches indicated only modest differences in brain distribution of (R-[11C]verapamil between saline and kainate treated rats, while tariquidar treatment in both groups resulted in a more than 10-fold increase. NONMEM provided most precise parameter estimates. P-gp expression was found to be similar for kainate and saline treated rats. Conclusions P-gp expression and functionality does not seem to change at early stage after induction of anticipated pharmacoresistant epilepsy by kainate.

  10. Legal Considerations for Health Care Practitioners After Superstorm Sandy.

    Science.gov (United States)

    Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

    2016-06-01

    During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

  11. 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

  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. 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.

  14. Impact of iron on the performance of clay barriers in waste disposal systems. Report on the status of research and development

    Energy Technology Data Exchange (ETDEWEB)

    Wersin, Paul (National Cooperative for the Disposal of Radioactive Waste, Nagra, Wettingen (Switzerland)); Snellman, Margit (Saanio and Riekkola Oy, Helsinki (Finland))

    2008-05-15

    The interaction of iron components with swelling clay materials in the EBS has received relatively little attention so far in safety assessment studies. It is however widely recognised that such interaction processes (e.g. corrosion, mineral alteration) need to be considered since they have the potential to impair repository long-term safety. A workshop on this topic was held in 2006 in Basel and has shed some light on the current status and the remaining uncertainties of relevance for safety purposes. Also, the workshop highlighted that there is strong interest to continue research in this field. Notably, waste management organisations from France (Finland), Japan, Sweden and Switzerland showed interest to exchange information in this research area on a regular basis and, if possible, advance common projects. Following this workshop, it was decided by Posiva, SKB and Nagra to compile the status of research and development based on a pre-formatted questionnaire sent out to a number of research organisations. This report summarises the information obtained. This serves to identify the remaining knowledge gaps and to explore areas of common interest. Some ideas for common research studies and possibilities how to organise these are presented

  15. Impact of iron on the performance of clay barriers in waste disposal systems. Report on the status of research and development

    International Nuclear Information System (INIS)

    Wersin, Paul; Snellman, Margit

    2008-05-01

    The interaction of iron components with swelling clay materials in the EBS has received relatively little attention so far in safety assessment studies. It is however widely recognised that such interaction processes (e.g. corrosion, mineral alteration) need to be considered since they have the potential to impair repository long-term safety. A workshop on this topic was held in 2006 in Basel and has shed some light on the current status and the remaining uncertainties of relevance for safety purposes. Also, the workshop highlighted that there is strong interest to continue research in this field. Notably, waste management organisations from France (Finland), Japan, Sweden and Switzerland showed interest to exchange information in this research area on a regular basis and, if possible, advance common projects. Following this workshop, it was decided by Posiva, SKB and Nagra to compile the status of research and development based on a pre-formatted questionnaire sent out to a number of research organisations. This report summarises the information obtained. This serves to identify the remaining knowledge gaps and to explore areas of common interest. Some ideas for common research studies and possibilities how to organise these are presented

  16. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  17. 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.

  18. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

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

  19. 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.

  20. Enhanced therapeutic agent delivery through magnetic resonance imaging-monitored focused ultrasound blood-brain barrier disruption for brain tumor treatment: an overview of the current preclinical status.

    Science.gov (United States)

    Liu, Hao-Li; Yang, Hung-Wei; Hua, Mu-Yi; Wei, Kuo-Chen

    2012-01-01

    Malignant glioma is a severe primary CNS cancer with a high recurrence and mortality rate. The current strategy of surgical debulking combined with radiation therapy or chemotherapy does not provide good prognosis, tumor progression control, or improved patient survival. The blood-brain barrier (BBB) acts as a major obstacle to chemotherapeutic treatment of brain tumors by severely restricting drug delivery into the brain. Because of their high toxicity, chemotherapeutic drugs cannot be administered at sufficient concentrations by conventional delivery methods to significantly improve long-term survival of patients with brain tumors. Temporal disruption of the BBB by microbubble-enhanced focused ultrasound (FUS) exposure can increase CNS-blood permeability, providing a promising new direction to increase the concentration of therapeutic agents in the brain tumor and improve disease control. Under the guidance and monitoring of MR imaging, a brain drug-delivery platform can be developed to control and monitor therapeutic agent distribution and kinetics. The success of FUS BBB disruption in delivering a variety of therapeutic molecules into brain tumors has recently been demonstrated in an animal model. In this paper the authors review a number of critical studies that have demonstrated successful outcomes, including enhancement of the delivery of traditional clinically used chemotherapeutic agents or application of novel nanocarrier designs for actively transporting drugs or extending drug half-lives to significantly improve treatment efficacy in preclinical animal models.

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

    Directory of Open Access Journals (Sweden)

    О. О. Пестрецова

    2017-10-01

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

  2. Addressing legal and policy barriers to male circumcision for ...

    African Journals Online (AJOL)

    [7] This creates a protective, normative framework for ... We are of the view that the framework does confer protection for adolescent boys while enabling access to male circumcision; however, we identify ambiguities and .... be much clearer about the consent approach, and should mirror the consent approach implied in the ...

  3. Addressing legal and policy barriers to male circumcision for ...

    African Journals Online (AJOL)

    We are of the view that the framework does confer protection for adolescent boys while enabling access to male circumcision; however, we identify ambiguities and tensions that exist between the Children's Act, regulations and national guidelines. We recommend reform to further enable access by this vulnerable group to ...

  4. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

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

  5. Using Comics to Communicate Legal Contract Cancellation

    Directory of Open Access Journals (Sweden)

    Marietjie Botes

    2017-10-01

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

  6. Barrier Systems

    NARCIS (Netherlands)

    Heteren, S. van

    2015-01-01

    Barrier-system dynamics are a function of antecedent topography and substrate lithology, Relative sea-level (RSL) changes, sediment availability and type, climate, vegetation type and cover, and various aero- and hydrodynamic processes during fair-weather conditions and extreme events. Global change

  7. European stem cell research in legal shackles.

    Science.gov (United States)

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

    2013-12-11

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

  8. 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

  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. 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

  11. 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.

  12. 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...

  13. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

    CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

  14. STRUCTURAL FEATURES OF STATE-OFFICE LEGAL RELATIONSHIP OF THE STATE CIVIL EMPLOYEES AND THE ROLE OF LABOR LAW IN THEIR REGULATION

    OpenAIRE

    Міннігулова, Д. Б.

    2017-01-01

    In the legal literature, investigating the legal relationship arising on civil service, various concepts of the characteristic of a concept of the state-office relationships of state-civil employee are offered. The main of them are state-legal (constitutional), office (administrative), office-labor and labor theories. The variety of conceptual approaches to the characteristic of the legal relationship arising on civil service reflects features of administrative legal status of state-civil emp...

  15. 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...

  16. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

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

    2018-01-01

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

  17. Steganography: Forensic, Security, and Legal Issues

    Directory of Open Access Journals (Sweden)

    Merrill Warkentin

    2008-06-01

    Full Text Available Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.

  18. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  19. 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.

  20. Environmentalism and Human Rights Legal Framework: The Continued Frontier of Indigenous Resistance

    OpenAIRE

    Thompson, Geneva E. B.

    2017-01-01

    Indigenous nations need to build a strategic resistance to disman­tle the legal status quo and assert their inherent sovereignty and human legal rights to destroy the settler colonial project of climate change. This type of resistance needs to be internalized within the Indigenous nation and actively asserted throughout local, state, national, and international legal systems. This article takes a two-step approach: first, it argues that Native nations must internalize resistance to the settle...

  1. 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

  2. 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.

  3. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

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

  4. Liberalism, legal moralism and moral disagreement.

    Science.gov (United States)

    Kuflik, Arthur

    2005-01-01

    According to "legal moralism" it is part of law's proper role to "enforce morality as such". I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common-sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called "public reason". Critics of liberalism claim that this is an essentially a-moral (or expedient) attempt to evade substantive moral issues--such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep--though (suitably) "non-comprehensive"--moral considerations.

  5. EWEA 2012: conference on the legal framework of wind energy

    International Nuclear Information System (INIS)

    Froeding, Veronique; Iuga, Dorina; Lintker, Stephanus; Edlich, Sophie

    2012-01-01

    At the occasion of 2012 Europe Wind energy event (EWEA), the French-German office for Renewable energies (OFAEnR) organised a conference on the legal framework of wind energy. In the framework of this French-German exchange of experience, participants exchanged views on the French and German respective regulations and administrative procedures for wind energy projects. This document brings together the available presentations (slides) made during this event: 1 - Synthesis note of the wind turbines French regulation (Veronique Froeding); 2 - Wind Barriers Presentation - Administrative and Grid access barriers (Dorina Iuga); 3 - Wind energy in France - Legal framework: what's new? (Veronique Froeding); 4 - North Rhine-Westphalia and the Wind energy Decree from July 2011: NRW Pioneer in Wind energy in Germany (Stephanus Lintker); 5 - Duration and development costs of wind energy projects in France and in Germany (Sophie Edlich)

  6. 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 ...

  7. 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

  8. A Legal Institutional Perspective on the European External Action Service

    DEFF Research Database (Denmark)

    Van Vooren, Bart

    2011-01-01

    , their support services and EU agencies, and seeks to define the EEAS’ sui generis status in the EU institutional set-up: What are the implications of its absence of legal personality, what does its ‘functional autonomy’ from the Council and Commission imply, what are its formal powers – if any, and could...

  9. Electronic Signatures: They're Legal, Now What?

    Science.gov (United States)

    Broderick, Martha A.; Gibson, Virginia R.; Tarasewich, Peter

    2001-01-01

    In the United States, electronic signatures recently became as legally binding as printed signatures. Reviews the status of electronic signatures in the United States, and compares it to work done by the United Nations. Summarizes the technology that can be used to implement electronic signatures. Discusses problems and open issues surrounding the…

  10. 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 ...

  11. 57 | Page A CROSS NATIONAL SURVEY OF THE LEGAL ...

    African Journals Online (AJOL)

    Fr. Ikenga

    The lack of definition of the status of this category of workers as well as the legal framework regulating the terms and conditions of their employment and protection explains the motivating factor for the increasing use of casualization by employers and why this category of workers is exploited by employers who engage them.

  12. Female-Headed Households Within The Legal Framework In ...

    African Journals Online (AJOL)

    ... labour code, civil status registration ordinance, penal code, and the general rules and regulations of the public service. The paper concludes that although there a variety of isolated inclusion of female-headed households in the legal framework, many are still not applied. International Journal of emotiaonl psychology and ...

  13. The Person of Suspect in Criminal Procedure: Legal Historical Aspect

    Directory of Open Access Journals (Sweden)

    Zemlyanitsin E. I.

    2013-05-01

    Full Text Available The article deals with the historical path of the emergence and development of the legal rules governing the procedural status of a suspect in the criminal procedure. The author puts forward the proposal to amend the Criminal Procedure Code of the Russian Federation.

  14. 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

  15. TITAN Legal Weight Truck cask preliminary design report

    International Nuclear Information System (INIS)

    1990-04-01

    The Preliminary Design of the TITAN Legal Weight Truck (LWT) Cask System and Ancillary Equipment is presented in this document. The scope of this document includes the LWT cask with fuel baskets, impact limiters, and lifting and tiedown features; the cask support system for transportation; intermodal transfer skid; personnel barrier; and cask lifting yoke assembly. The results of the tradeoff studies and evaluations that were performed during the preliminary design are presented in Appendix A to this report. 51 figs., 17 tabs

  16. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

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

    2003-01-01

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

  17. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

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

  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. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

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

  20. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

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

  1. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

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

  2. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

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

  3. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

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

  4. [Medico-legal aspects of hysterectomy].

    Science.gov (United States)

    Jakovljević, Branislava; Segedi, Dimitrije; Mujović-Zornić, Hajrija

    2007-01-01

    Understanding the lawful implementations of surgical procedures, such as hysterectomy, raises practical questions concerning legal relations between a doctor and his patient, and consequences of this relationship, which may be legally relevant. The modern legal theory and practice consider doctors and patients to be partners. Medical practitioners performing surgical procedures are obliged to obtain informed consent. They are also required to inform their patients about indications, course of the operative procedure, postoperative treatment, possible complications during and after the procedure, and quality of life after the operation. Informed conversation should take into account the age, mental status and patient's intellectual abilities. Legal consequences ofsurgical procedures Malpractice litigation mostly concers medical error and negligence. Medical errors should not be confused with ineffective outcome, or complicated postoperative course. Even if the surgical procedure was followed correctly and uneventful outcome took place, there might be some problems. A patient has a right to receive complete information from a physician about the specific nature of a proposed treatment. A physician has an obligation to elucidate and justify, treatment he proposes. Certain codification of all operative procedures may facilitate this task. Codification instructions about procedures, in this case hysterectomy, must include indications for a certain type of hysterectomy (subtotal, total, radical), as well as for the operative technique (abdominal, vaginal, laparoscopic). Patient information brochures should be available in print, and include information about indications and potential risks associated with the proposed surgical procedure. In this way, it is possible to prevent the inconveniences which may arise from insufficient knowledge and information about surgical procedures.

  5. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

  6. 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

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

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

  8. 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)

  9. 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

  10. Allowing HIV-Positive Organ Donation: Ethical, Legal and Operational Considerations

    Science.gov (United States)

    Mgbako, O; Glazier, A; Blumberg, E; Reese, PP

    2013-01-01

    Case reports of kidney transplantation using HIV-positive (HIV+) donors in South Africa and advances in the clinical care of HIV+ transplant recipients have drawn attention to the legal prohibition of transplanting organs from HIV+ donors in the US. For HIV+ transplant candidates, who face high barriers to transplant access, this prohibition violates beneficence by placing an unjustified limitation on the organ supply. However, transplanting HIV+ organs raises non-maleficence concerns given limited data on recipient outcomes. Informed consent and careful monitoring of outcome data should mitigate these concerns, even in the rare circumstance when an HIV+ organ is intentionally transplanted into an HIV-negative recipient. For potential donors, the federal ban on transplanting HIV+ organs raises justice concerns. While in practice there are a number of medical criteria that preclude organ donation, only HIV+ status is singled out as a mandated exclusion to donation under the National Organ Transplant Act (NOTA). Operational objections could be addressed by adapting existing approaches used for organ donors with hepatitis. Center-specific outcomes should be adjusted for HIV donor and recipient status. In summary, transplant professionals should advocate for eliminating the ban on HIV+ organ donation and funding studies to determine outcomes after transplantation of these organs. PMID:23758835

  11. Preliminary results of the IRCA legalization programs at the end of phase I.

    Science.gov (United States)

    Miller, M J

    1989-03-01

    A remarkable gulf in interpretation and evaluation of the 1986 implementation of the Immigration Reform and Control Act (IRCA) exists between various schools of analysts. Some feel that the law has not changed conditions much, while others consider the legalization program and employer sanctions successful. Altogether, IRCA included 6 specific legalization opportunities. The 2 major ones concerned aliens who had resided illegally in the US since January 1, 1982 and alien farm workers who had worked illegally in the US for at least 90 days between May 1, 1985 and May 1, 1986. Issues concerning the pre-1982 or general legalization program include 1) the 5-year gap between the eligibility cutoff and the start of the legalization program made the principal US legalization program more restrictive than comparable legalization policies in other market economy countries, 2) it did not provide for immediate derivative legislation for family members of an illegal alien eligible for legalization, and 3) analysts disagree on the evaluation and the effectiveness of the public information campaign to inform eligible aliens of the legalization opportunity. The application procedure for the Special Agricultural Worker or SAW was much simpler than for the general legalization program. SAW applicants could apply at US borders. 10% of SAW applications were denied, due to fraud and other reasons, as opposed to 2% for applicants to the major legalization program. Both programs attracted mainly Mexican applicants. The total number of SAW applications received will help to determine future need for alien farm workers. 1 of the most important differences between the SAW and the pre-1982 legalization programs is the legal status of the newly legalized: 1) to secure permanent resident alien status, pre-1982 program applicants must pass civics and English examinations within a set period of time, whereas SAW applicants do not; and 2) SAW applicants are eligible for a broader range of social

  12. Unpacking the Barriers to Reproductive Health Services in Ghana ...

    African Journals Online (AJOL)

    AJRH Managing Editor

    Abstract. Youth report embarrassment, cost, and poor access as barriers to sexual and reproductive health (SRH) services. ..... Table 4: Percent of Respondents Reporting Perceived Barriers to HIV Testing, Abortion, and Contraception by. Gender, Age, Community and School Status. Perceived. Barrier. Boys Girls 11-16 yrs.

  13. 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

  14. Hedging bets: Applying New Zealand's gambling machine regime to cannabis legalization.

    Science.gov (United States)

    Caulkins, Jonathan P

    2018-03-01

    Cannabis legalization is often falsely depicted as a binary choice between status quo prohibition and legalizing production and distribution by (regulated) for-profit industry. There are, however, many more prudent architectures for legalization, such as restricting production and distribution licenses to not-for-profit entities. Wilkins describes how New Zealand applied that concept to gambling machines and proposes a parallel for cannabis legalization. Greater investment in proposing good designs along these lines, including attending to governance structures, would be valuable. Copyright © 2017 Elsevier B.V. All rights reserved.

  15. 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.

  16. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

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

  17. 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.

  18. Vaccination Perceptions and Barriers of School Employees: A Pilot Study

    Science.gov (United States)

    Luthy, Karlen E.; Houle, Kim; Beckstrand, Renea L.; Macintosh, Janelle; Lakin, Richard G.

    2013-01-01

    Schools are where vaccine-preventable diseases can spread. Vaccination of school children has been studied; however, data are lacking on the vaccination status, perceptions, and barriers to vaccination for school employees. We surveyed school employees' vaccination perceptions, awareness of current vaccination status, and potential barriers to…

  19. 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...

  20. 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

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

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

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

  2. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  3. 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.

  4. Conscientious objection to provision of legal abortion care.

    Science.gov (United States)

    Johnson, Brooke R; Kismödi, Eszter; Dragoman, Monica V; Temmerman, Marleen

    2013-12-01

    Despite advances in scientific evidence, technologies, and human rights rationale for providing safe abortion, a broad range of cultural, regulatory, and health system barriers that deter access to abortion continues to exist in many countries. When conscientious objection to provision of abortion becomes one of these barriers, it can create risks to women's health and the enjoyment of their human rights. To eliminate this barrier, states should implement regulations for healthcare providers on how to invoke conscientious objection without jeopardizing women's access to safe, legal abortion services, especially with regard to timely referral for care and in emergency cases when referral is not possible. In addition, states should take all necessary measures to ensure that all women and adolescents have the means to prevent unintended pregnancies and to obtain safe abortion. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  5. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  6. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  7. Skin Barrier Function and Allergens

    DEFF Research Database (Denmark)

    Engebretsen, Kristiane Aasen; Thyssen, Jacob Pontoppidan

    2016-01-01

    and skin barrier status. Psoriasis has traditionally been regarded a Th1-dominated disease, but the discovery of Th17 cells and IL-17 provides new and interesting information regarding the pathogenesis of the disease. Research suggests an inverse relationship between psoriasis and CA, possibly due......The skin is an important barrier protecting us from mechanical insults, microorganisms, chemicals and allergens, but, importantly, also reducing water loss. A common hallmark for many dermatoses is a compromised skin barrier function, and one could suspect an elevated risk of contact sensitization...... to increased levels of Th17 cells and its associated cytokines. As for AD, a positive association to CS has been established in epidemiological studies, but is still unresolved. Experimental studies show, however, an inverse relationship between AD and CS. The opposing and antagonistic influences of Th1 (CS...

  8. 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.

  9. 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.

  10. Addressing barriers to safe abortion.

    Science.gov (United States)

    Culwell, Kelly R; Hurwitz, Manuelle

    2013-05-01

    The latest World Health Organization data estimate that the total number of unsafe abortions globally has increased to 21.6 million in 2008. There is increasing recognition by the international community of the importance of the contribution of unsafe abortion to maternal mortality. However, the barriers to delivery of safe abortion services are many. In 68 countries, home to 26% of the world's population, abortion is prohibited altogether or only permitted to save a woman's life. Even in countries with more liberal abortion legal frameworks, additional social, economic, and health systems barriers and the stigma surrounding abortion prevent adequate access to safe abortion services and postabortion care. While much has been achieved to reduce the barriers to comprehensive abortion care, much remains to be done. Only through the concerted action of public, private, and civil society partners can we ensure that women have access to services that are safe, affordable, confidential, and stigma free. Copyright © 2013 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  11. Legal Pluralism as a Theoretical Programme

    Directory of Open Access Journals (Sweden)

    Emma Patrignani

    2016-09-01

    Full Text Available This paper reconstructs the development of the status of the theory of legal pluralism: while originally the term has been used as descriptive label referring to a situation observed in the world, nowadays a more sophisticated understanding of the role of the concept is needed. The epistemology of social sciences can help us make sense of the multifarious literature on legal pluralism, and of the different conceptions of the term that have been proposed. More specifically, legal pluralism is here devised as a theoretical programme and its influence on the production of social-scientific knowledge is analysed. The investigation concentrates on the role of the concept in the selection of relevant data and on the intelligibility structure imposed on them.Este artículo reconstruye el desarrollo de la situación de la teoría de pluralismo jurídico: aunque en un principio el término se utilizó como una etiqueta descriptiva referida a una situación que se observaba en el mundo, hoy en día se necesita una comprensión más sofisticada del rol del concepto. La epistemología de las ciencias sociales puede ayudar a dar sentido a la literatura heterogénea sobre pluralismo jurídico, así como a las diferentes concepciones del término que se han propuesto. Más específicamente, aquí se concibe el pluralismo jurídico como un programa teórico y se analiza su influencia en la producción de conocimiento científico social. La investigación se concentra en el papel del concepto en la selección de datos relevantes y en la estructura de inteligibilidad impuesta sobre ellos.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=2833822

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

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2013-12-01

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

  13. 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...

  14. Legal and ethical issues of uterus transplantation.

    Science.gov (United States)

    Dickens, Bernard M

    2016-04-01

    The clinically detailed report of a successful uterus transplantation and live birth in Sweden, in which a family friend donated her uterus, provides a basis for expanded practice. Family members and friends can serve as living donors without offending legal or ethical prohibitions of paid organ donation, even though family members and friends often engage in reciprocal gift exchanges. Donations from living unrelated sources are more problematic, and there is a need to monitor donors' genuine altruism and motivation. Donation by deceased women-i.e. cadaveric donation-raises issues of uterus suitability for transplantation, and how death is diagnosed. Organs' suitability for donation is often achieved by ventilation to maintain cardiac function for blood circulation, but laws and cultures could deem that a heartbeat indicates donors' live status. Issues could arise concerning ownership and control of organs between recovery from donors and implantation into recipients, and on removal following childbirth, that require legal resolution. Copyright © 2016. Published by Elsevier Ireland Ltd.

  15. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

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

  16. 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

  17. 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.

  18. 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.

  19. Adam Nash: legally speaking, a happy ending or slippery slope?

    Science.gov (United States)

    Crockin, Susan

    2001-01-01

    The birth of Adam Nash, following IVF and then preimplantation genetic diagnosis (PGD) on the resulting 15 embryos to find which would be a potential bone marrow match for his older sibling, suffering from Fanconi's anaemia, is the first reported case of genetic selection of an embryo to save the life of an existing person. The case has stirred debates worldwide over the appropriateness and implications of using the technique for this and related purposes. Legally, it is suggested that embryos are indeed entitled to special respect because of their potential for life, but certain principles must not be overlooked, and the Nash case was wholly within acceptable legal principles. The legal perspective offered here concludes: (i) while embryos are entitled to certain protections, the mere fact that they are extracorporeal raises the danger that the rights and protections assigned to them will be wrongly elevated over the legally protected procreation rights of the adults who create them; (ii) divorce litigation involving "custody" of embryos is not a direct parallel and legal analogies must be distinguished; (iii) the status of embryos must be carefully defined; and (iv) a national or international, multi-disciplinary body should be created to grapple with the developing issues and uses that are sure to follow.

  20. 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.

  1. 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)

  2. 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.

  3. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

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

  4. Legal report: [a summary of the 1986 Immigration Reform and Control Act].

    Science.gov (United States)

    Novick, A R; Leiden, W R

    1986-01-01

    On November 6, 1986, President Reagan signed a comprehensive immigration bill that prohibits the hiring of illegal aliens and offers legal status to many such aliens already in the US. The bill offers legal status to aliens who could show that they entered the US before January 1, 1982, and have resided here continuously "in an unlawful status" since that date. Employers hiring illegal aliens are subject to civil penalties ranging from $250 to $10,000 for each illegal alien. This summary of the Immigration Reform and Control Act of 1986 is based on the joint Senate/House Conference Report adopted by the House of Representatives on October 15, 1986.

  5. 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.)

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

    NARCIS (Netherlands)

    A.J. Kwak

    2005-01-01

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

  7. 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 ...

  8. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  9. Women of Color in Academic Administration: Trends, Progress, and Barriers.

    Science.gov (United States)

    Wilson, Reginald

    1989-01-01

    Presents historical events, legal restrictions, and traditional customs as barriers that women of color have faced in pursuit of academic administrative positions. Discusses degree attainment and fields of study for different ethnic groups. Recent changes in affirmative action policy are discussed. (JS)

  10. Technology-mediated barriers, a counter-trend

    NARCIS (Netherlands)

    Schellekens, Maurice

    2016-01-01

    New technology generally raises the opportunities for people. That is however not always the case. This article draws attention to the intricate interplay between new technologies and legal regulation, sometimes leading to regulatory arrangements that create new barriers for some actors. Four cases

  11. 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)

  12. 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

  13. 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

  14. 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,

  15. [Legal aspects of geriatric rehabilitation].

    Science.gov (United States)

    Klie, T

    1992-01-01

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

  16. Legal Handbook on School Athletics.

    Science.gov (United States)

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

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

  17. 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

  18. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

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

  19. 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)

  20. 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"

  1. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

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

  2. 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)

  3. 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.

  4. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

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

  5. 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.)

  6. CONNECTIONS AND INTERFERENCES BETWEEN THE RIGHT TO DEFENCE AND THE RIGHT TO LEGAL ASSISTANCE

    Directory of Open Access Journals (Sweden)

    Claudia Andriţoi

    2014-11-01

    Full Text Available Between the right to defence and assistance and the civil rights a close connection has been identified. Sometimes the realisation and protection of these rights, such as the right to life, to personal dignity, to private life etc., in general are impossible without the right to defence and legal assistance. First, the right to legal assistance allows the individual to comprehend the powers conferred to him by this right. Second, the right to legal assistance allows the protection and enforcement of these personal rights. The subjects of both rights are all the persons who have the right to information about the status of their own rights and liberties and the problems impeding their achievement. The importance of informing citizens and states in all spheres, and in particular about the implementation scope of the right to legal assistance consists in the population’s comprehensive legal information.

  7. 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.

  8. Smart parking barrier

    KAUST Repository

    Alharbi, Abdulrazaq M.

    2016-05-06

    Various methods and systems are provided for smart parking barriers. In one example, among others, a smart parking barrier system includes a movable parking barrier located at one end of a parking space, a barrier drive configured to control positioning of the movable parking barrier, and a parking controller configured to initiate movement of the parking barrier, via the barrier drive. The movable parking barrier can be positioned between a first position that restricts access to the parking space and a second position that allows access to the parking space. The parking controller can initiate movement of the movable parking barrier in response to a positive identification of an individual allowed to use the parking space. The parking controller can identify the individual through, e.g., a RFID tag, a mobile device (e.g., a remote control, smartphone, tablet, etc.), an access card, biometric information, or other appropriate identifier.

  9. 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.

  10. 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 ...

  11. 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...

  12. Justice and legitimacy hindered by uncertainty: The legal status of ...

    African Journals Online (AJOL)

    The Traditional Leadership and Governance Framework Act 2003 provides for the transformation of apartheidera tribal authorities into constitutional-era traditional councils with a role in traditional governance. The process involves reconstituting these councils to meet certain thresholds of women and democratically elected ...

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

    Directory of Open Access Journals (Sweden)

    Germana Carobene

    2014-06-01

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

  14. Trends in food insecurity among California residents from 2001 to 2011: Inequities at the intersection of immigration status and ethnicity.

    Science.gov (United States)

    Walsemann, Katrina M; Ro, Annie; Gee, Gilbert C

    2017-12-01

    Although immigrants are healthier than non-immigrants on numerous outcomes, the reverse appears to be true with regards to food insecurity. Most studies ignore heterogeneity in the risk for food insecurity within immigration status and by ethnicity, even though significant variation likely exists. We consider how immigration status and ethnicity are related to trends in food insecurity among Latinos and Asians in California from 2001 through 2011. Data come from the 2001 to 2011 restricted California Health Interview Survey (n=245,679). We categorized Latinos and Asians as US-born, naturalized/legal permanent residents (naturalized/LPR), and non-LPRs (students, temporary workers, refugees, and undocumented persons). Multivariable weighted logistic regression analyses assessed temporal trends over the 10-year period after adjustment for demographics, socioeconomic characteristics, and program participation. Across this period, US-born Asians reported similar levels of food insecurity as US-born Whites. Conversely, Latinos, regardless of immigration status or nativity, and Asian immigrants (i.e., naturalized/LPR and non-LPR) reported greater food insecurity than US-born Whites. Further, from 2001 through 2009, non-LPR Latinos reported higher risk of food insecurity than naturalized/LPR Latinos. Thus, food insecurity differs between ethnic groups, but also differs within ethnic group by immigration status. Efforts to reduce food insecurity should consider the additional barriers to access that are faced by immigrants, particularly those without legal permanent residency. Copyright © 2017 Elsevier Inc. All rights reserved.

  15. 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

  16. 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.

  17. A Transdisciplinary Approach to Public Health Law: The Emerging Practice of Legal Epidemiology.

    Science.gov (United States)

    Burris, Scott; Ashe, Marice; Levin, Donna; Penn, Matthew; Larkin, Michelle

    2016-01-01

    Public health law has roots in both law and science. For more than a century, lawyers have helped develop and implement health laws; over the past 50 years, scientific evaluation of the health effects of laws and legal practices has achieved high levels of rigor and influence. We describe an emerging model of public health law that unites these two traditions. This transdisciplinary model adds scientific practices to the lawyerly functions of normative and doctrinal research, counseling, and representation. These practices include policy surveillance and empirical public health law research on the efficacy of legal interventions and the impact of laws and legal practices on health and health system operation. A transdisciplinary model of public health law, melding its legal and scientific facets, can help break down enduring cultural, disciplinary, and resource barriers that have prevented the full recognition and optimal role of law in public health.

  18. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

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

    2016-01-01

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

  19. 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.

  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. 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.

  3. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

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

  4. Teaching legal english as a second language

    OpenAIRE

    Elena Codruta BADEA

    2012-01-01

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

  5. 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...

  6. Lawyers and legal services in NW England

    OpenAIRE

    Sugarman, David

    2008-01-01

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

  7. The impact of marijuana policies on youth: clinical, research, and legal update.

    Science.gov (United States)

    2015-03-01

    This policy statement is an update of the American Academy of Pediatrics policy statement "Legalization of Marijuana: Potential Impact on Youth," published in 2004. Pediatricians have special expertise in the care of children and adolescents and may be called on to advise legislators about the potential impact of changes in the legal status of marijuana on adolescents. Parents also may look to pediatricians for advice as they consider whether to support state-level initiatives that propose to legalize the use of marijuana for medical and nonmedical purposes or to decriminalize the possession of small amounts of marijuana. This policy statement provides the position of the American Academy of Pediatrics on the issue of marijuana legalization. The accompanying technical report reviews what is currently known about the relationships of marijuana use with health and the developing brain and the legal status of marijuana and adolescents' use of marijuana to better understand how change in legal status might influence the degree of marijuana use by adolescents in the future. Copyright © 2015 by the American Academy of Pediatrics.

  8. The U.S. legalization program: a preliminary final report.

    Science.gov (United States)

    Papademetriou, D G

    1989-03-01

    The Immigration Reform and Control Act (IRCA) of 1986 made 4 types of aliens eligible to receive legalization benefits: 1) those who resided "continuously" in the US since January 1, 1982; 2) those who had worked in the US perishable-crop agriculture for 90 "man-days" in specified time periods (Special Agricultural Workers [SAWS]); 3) those who were in the US since before January 1, 1972; and 4) those classified as Cuban/Haitian entrants and who had been in the US since January 1, 1982. Estimates of the number of aliens eligible for legalization, not including SAWS, ranges from 1.834 million to 2.56 million. Estimates of undercounts of undocumented aliens are 10% for those who entered before 1975 and 37.5% for those who arrived after 1975. Other refinements in the estimates of undocumented aliens include adjustments for 1) ethnic group and location, 2) the growth of the undocumented population between the census date and the legalization eligibility date under IRCA, and 3) emigration and deportation rates. Out of the 1,581,800 applicants entered into the Immigration and Naturalization Service (INS) computers (from a total of 2.15 million applicants) as of May 20, 1988, 73.7% were Mexican nationals. Only 5 other countries contributed more than 1%: El Salvador (6.5%), Haiti (2.3%), Guatemala (2.2%), the Philippines (1%), and Colombia (1%). The Mexican percentage was unexpectedly high, perhaps because the legalization had been much more successful in the Southwest than anywhere else in the country. Reasons that Mexicans have a higher legalization participation rate than other nationalities include 1) the distant eligibility date; 2) ethnic differences among non-Mexican nationalities; 3) particularly in the northeast, fears of exposing one's illegal status to INS; 4) the difficulty of information reaching ethnic communities, 5) the reluctance of those already undergoing the naturalization process to risk the legalization process; and 6) the reluctance of employees to

  9. Legal framework for food fortification

    DEFF Research Database (Denmark)

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

    2013-01-01

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

  10. 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.

  11. 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.

  12. 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

  13. 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

  14. 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…

  15. 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,

  16. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

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

  17. 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…

  18. 36 CFR 1275.14 - Legal custody.

    Science.gov (United States)

    2010-07-01

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

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

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

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

  20. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

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

  1. Same-Sex Couples: Legal Complexities

    Science.gov (United States)

    Oswald, Ramona Faith; Kuvalanka, Katherine A.

    2008-01-01

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

  2. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

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

  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. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

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

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

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

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

  6. 31 CFR 3.3 - Legal review.

    Science.gov (United States)

    2010-07-01

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

  7. 33 CFR 327.6 - Legal adviser.

    Science.gov (United States)

    2010-07-01

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

  8. 33 CFR 326.5 - Legal action.

    Science.gov (United States)

    2010-07-01

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

  9. 31 CFR 3.22 - Legal review.

    Science.gov (United States)

    2010-07-01

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

  10. 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...

  11. The Impact of Legal Advocacy Strategies to Advance Roma Health: The Case of Macedonia.

    Science.gov (United States)

    Abdikeeva, Alphia; Covaci, Alina

    2017-12-01

    Across Europe, Roma face exclusion and obstacles in access to health services, resulting in poorer health. While there are legal and policy frameworks for Roma inclusion, implementation often lags behind. Increasing the grassroots capacity of Roma to advocate for accountability in health care and against systemic impediments has been a central focus of Open Society Foundations (OSF) support. This analysis discusses the impact of an OSF-supported legal advocacy project on Roma health rights in Macedonia. The paper uses qualitative indicators to measure the capacity of nongovernmental organizations, accountability for violations, changes in law and practice, and impact on communities. The methodology for assessing the impact of legal advocacy was developed over the course of OSF's legal advocacy project and used to calculate the baseline and conduct the follow-up assessment to track progress across four strategies: legal empowerment, documentation and advocacy, media advocacy, and strategic litigation. Results show that legal advocacy has led to a notable increase in Roma awareness of their health rights. The number of lawsuits has risen dramatically, and cases are increasingly more sophisticated. Although accountability in health care is still the exception rather than the rule, blatant violations have been reduced. Some structural barriers have also been tackled. At the same time, new challenges require continuous and adaptable legal advocacy.

  12. Legal foundations of adaptive licensing.

    Science.gov (United States)

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

    2013-09-01

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

  13. Legal Aspects of Space Tourism

    Science.gov (United States)

    Jakhu, Ram

    2002-01-01

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

  14. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

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

  15. 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.

  16. Safety-barrier diagrams

    DEFF Research Database (Denmark)

    Duijm, Nijs Jan

    2007-01-01

    are discussed. A simple method for quantification of safety-barrier diagrams is proposed, including situations where safety barriers depend on shared common elements. It is concluded that safety-barrier diagrams provide a useful framework for an electronic data structure that integrates information from risk...

  17. LEGAL

    African Journals Online (AJOL)

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

  18. 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.

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

    OpenAIRE

    Dawson, Elizabeth

    2014-01-01

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

  20. ‘This Is Real Misery’: Experiences of Women Denied Legal Abortion in Tunisia

    Science.gov (United States)

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal abortion services at two facilities in Tunis, Tunisia. Thirteen women consented to participate in qualitative interviews two months after they were turned away from the facility. Women were denied abortion care on the day they were recruited due to three main reasons: gestational age, health conditions, and logistical barriers. Nine women ultimately terminated their pregnancies at another facility, and four women carried to term. None of the women attempted illegal abortion services or self-induction. Further research is needed in order to assess abortion denial from the perspective of providers and medical staff. PMID:26684189

  1. 'This Is Real Misery': Experiences of Women Denied Legal Abortion in Tunisia.

    Directory of Open Access Journals (Sweden)

    Selma Hajri

    Full Text Available Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal abortion services at two facilities in Tunis, Tunisia. Thirteen women consented to participate in qualitative interviews two months after they were turned away from the facility. Women were denied abortion care on the day they were recruited due to three main reasons: gestational age, health conditions, and logistical barriers. Nine women ultimately terminated their pregnancies at another facility, and four women carried to term. None of the women attempted illegal abortion services or self-induction. Further research is needed in order to assess abortion denial from the perspective of providers and medical staff.

  2. 'This Is Real Misery': Experiences of Women Denied Legal Abortion in Tunisia.

    Science.gov (United States)

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal abortion services at two facilities in Tunis, Tunisia. Thirteen women consented to participate in qualitative interviews two months after they were turned away from the facility. Women were denied abortion care on the day they were recruited due to three main reasons: gestational age, health conditions, and logistical barriers. Nine women ultimately terminated their pregnancies at another facility, and four women carried to term. None of the women attempted illegal abortion services or self-induction. Further research is needed in order to assess abortion denial from the perspective of providers and medical staff.

  3. Skin barrier function

    DEFF Research Database (Denmark)

    2016-01-01

    barrier integrity, factors influencing the penetration of the skin, influence of wet work, and guidance for prevention and saving the barrier. Distinguished researchers have contributed to this book, providing a comprehensive and thorough overview of the skin barrier function. Researchers in the field...... on the subject. It covers new basic research on skin markers, including results on filaggrin and on methods for the assessment of the barrier function. Biological variation and aspects of skin barrier function restoration are discussed as well. Further sections are dedicated to clinical implications of skin...

  4. Safety- barrier diagrams

    DEFF Research Database (Denmark)

    Duijm, Nijs Jan

    2008-01-01

    trees and Bayesian networks is discussed. A simple method for quantification of safety-barrier diagrams is proposed. It is concluded that safety-barrier diagrams provide a useful framework for an electronic data structure that integrates information from risk analysis with operational safety management.......Safety-barrier diagrams and the related so-called 'bow-tie' diagrams have become popular methods in risk analysis. This paper describes the syntax and principles for constructing consistent and valid safety-barrier diagrams. The relation of safety-barrier diagrams to other methods such as fault...

  5. Legal capacity and biomedicine: Biomedical discrimination

    Directory of Open Access Journals (Sweden)

    Cvetić Radenka

    2011-01-01

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

  6. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  7. Overcoming research barriers in Chagas disease-designing effective implementation science.

    Science.gov (United States)

    Henao-Martínez, Andrés F; Colborn, Kathryn; Parra-Henao, Gabriel

    2017-01-01

    Chagas disease is a complex tropical parasitic infection. It affects a significant portion of the population in Latin America, especially in areas of poverty and poor access to health care. It also affects immigrants in high-income countries who lack access to health care due to their legal status. Millions of people are at risk of contracting the disease, and approximately 30 % of chronically infected patients will develop cardiomyopathy. The cost of caring for patients that have been infected is substantial. Basic science research has introduced new concepts and knowledge for the parasite and vector biology as well as better understanding of the pathophysiology of the disease. These research findings nevertheless require effective and timely translation into clinical practice. Likewise, the design of new research projects should account for the multiple system-based barriers. Implementation science facilitates the applicability of research findings and identifies barriers to its execution. Creation of implementation science measures to reach and sustain research programs with greater potential to impact Chagas disease are lacking. This point of view proposes opportunities for implementation science in Chagas disease and strategies for researching effective interventions for preventing and treating the disease.

  8. Legally protecting and compelling veterinarians in issues of animal abuse and domestic violence.

    Science.gov (United States)

    Robertson, I A

    2010-06-01

    The majority of veterinarians recognise their important role and responsibility to society and animal welfare in the detection and reporting of suspected abuse of animals and humans. In spite of the existing moral, ethical, and legal duties applied to veterinarians, they face substantial barriers that prohibit them from fulfilling their professional role in handling cases of suspected abuse. With increasing public and legal attention on issues of animal welfare, the non-fulfillment of these duties places the profession and its members at considerable risk of public criticism and adverse legal accountability. The issue is raised here that the veterinary profession in New Zealand needs to provide a clear policy statement and take pro-active measures that provide practical enforceable solutions to these existing barriers and legal risks. Such an initiative will assist in ensuring that all registered members consistently fulfil their obligations, and are legally protected while doing so. Veterinary counterparts overseas already provide a legislative immunity for their veterinarians who report suspected abuse as part of a mandated duty to report. Implementation of such a duty has significant benefits for all veterinarians, including the requirement for education and effective support systems. In the absence of such a mandatory duty, intermediary measures can be introduced, demonstrating social responsibility and commitment by the profession to their existing duty of care.

  9. Safety-barrier diagrams

    DEFF Research Database (Denmark)

    Duijm, Nijs Jan

    2007-01-01

    Safety-barrier diagrams and the related so-called "bow-tie" diagrams have become popular methods in risk analysis. This paper describes the syntax and principles for constructing consistent and valid safety-barrier diagrams. The relation with other methods such as fault trees and Bayesian network...... analysis with operational safety management.......Safety-barrier diagrams and the related so-called "bow-tie" diagrams have become popular methods in risk analysis. This paper describes the syntax and principles for constructing consistent and valid safety-barrier diagrams. The relation with other methods such as fault trees and Bayesian networks...... are discussed. A simple method for quantification of safety-barrier diagrams is proposed, including situations where safety barriers depend on shared common elements. It is concluded that safety-barrier diagrams provide a useful framework for an electronic data structure that integrates information from risk...

  10. Decreasing barriers for nurse practitioner social entrepreneurship.

    Science.gov (United States)

    Sharp, Dayle B; Monsivais, Diane

    2014-10-01

    To describe difficulties associated with the business-related aspects of practice in role transition of rural nurse practitioners (NPs), and to give practice implications. This focused ethnographic study derived data from semi-structured interviews. Participants provided information about rural NP practice ownership and barriers. The sample consisted of 24 rural NPs living throughout the United States. The majority were 51-60 years of age (45%) and females (93%) who had been in rural practice for 1 to over 20 years. NP social entrepreneurs experience difficulties related to scope of practice, business skills, and role conflict. To decrease barriers for NP clinic ownership and management, NPs need to receive education related to financing a rural practice, legal/regulatory practices, strategic planning, leadership, and clinic management. ©2014 American Association of Nurse Practitioners.

  11. Investing in Energy Efficiency. Removing the Barriers

    International Nuclear Information System (INIS)

    2004-01-01

    Investing in improving energy efficiency has the clear advantages of reducing energy costs, improving security of supply and mitigating the environmental impacts of energy use. And still, many viable opportunities for higher energy efficiency are not tapped because of the existence of numerous barriers to such investments. These lost opportunities imply costs to the individual energy consumers and to the society as a whole and they are particularly important in economies in transition. This report identifies various types of barriers for making energy efficiency investments (be they of legal, administrative, institutional or financial nature), mainly in buildings, district heating and efficient lighting. The role of various bodies and organisations for the facilitation of energy efficiency investments is analysed, from public authorities and regulators to banks and international financing institutions

  12. 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.

  13. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

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

  14. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

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

  15. Legal protection of the whistleblowers

    Directory of Open Access Journals (Sweden)

    Marieta Safta

    2017-12-01

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

  16. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

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

  17. 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...

  18. [Legal aspects of noise abatement].

    Science.gov (United States)

    Kierski, W S

    1976-12-02

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

  19. 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...

  20. 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

  1. [Psychiatric treatment--legal aspects].

    Science.gov (United States)

    Koller, Matthias

    2014-07-01

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

  2. Comparative effectiveness research and big data: balancing potential with legal and ethical considerations.

    Science.gov (United States)

    Gray, Elizabeth Alexandra; Thorpe, Jane Hyatt

    2015-01-01

    Big data holds big potential for comparative effectiveness research. The ability to quickly synthesize and use vast amounts of health data to compare medical interventions across settings of care, patient populations, payers and time will greatly inform efforts to improve quality, reduce costs and deliver more patient-centered care. However, the use of big data raises significant legal and ethical issues that may present barriers or limitations to the full potential of big data. This paper addresses the scope of some of these legal and ethical issues and how they may be managed effectively to fully realize the potential of big data.

  3. 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

  4. The cost of postabortion care and legal abortion in Colombia.

    Science.gov (United States)

    Prada, Elena; Maddow-Zimet, Isaac; Juarez, Fatima

    2013-09-01

    Although Colombia partially liberalized its abortion law in 2006, many abortions continue to occur outside the law and result in complications. Assessing the costs to the health care system of safe, legal abortions and of treating complications of unsafe, illegal abortions has important policy implications. The Post-Abortion Care Costing Methodology was used to produce estimates of direct and indirect costs of postabortion care and direct costs of legal abortions in Colombia. Data on estimated costs were obtained through structured interviews with key informants at a randomly selected sample of facilities that provide abortion-related care, including 25 public and private secondary and tertiary facilities and five primary-level private facilities that provide specialized reproductive health services. The median direct cost of treating a woman with abortion complications ranged from $44 to $141 (in U.S. dollars), representing an annual direct cost to the health system of about $14 million per year. A legal abortion at a secondary or tertiary facility was costly (medians, $213 and $189, respectively), in part because of the use of dilation and curettage, as well as because of administrative barriers. At specialized facilities, where manual vacuum aspiration and medication abortion are used, the median cost of provision was much lower ($45). Provision of postabortion care and legal abortion services at higher-level facilities results in unnecessarily high health care costs. These costs can be reduced significantly by providing services in a timely fashion at primary-level facilities and by using safe, noninvasive and less costly abortion methods.

  5. Status of Forces and Criminal Jurisdiction

    OpenAIRE

    Voetelink, J.

    2013-01-01

    This article examines the legal status of armed forces present in friendly foreign territory with a special focus on criminal jurisdiction. Traditionally, this issue has been considered from the perspective of public international law in which immunities play an important role. However, this perspective does not fully cover the criminal jurisdiction provisions in the international agreements dealing with the status of visiting forces (Status of Forces Agreements). This article introduces mili...

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

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

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

  7. TARGETED SANCTIONS, JUDICIAL ANTAGONISM OR LEGAL DIALOGUE

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2014-05-01

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

  8. Hong Kong: legal aspects of family planning.

    Science.gov (United States)

    1979-01-01

    The Family Planning Association of Hong Kong and the International Federation of Women Lawyers of Hong Kong have decided that legislative and other measures should be taken to ensure the right of couples and individuals to decide freely the number and spacing of their children. Family planning workers must not work under threat of potential prosecution. Equal rights for women and men should be established. The legal status of menstrual regulation and other new technologies for termination of pregnancy should be clarified. A Family Court should be instituted to deal with matrimonial disputes. A married woman should have the right to use her maiden name and file separate tax returns. Legislation restricting women's right to work in factories should be rescinded. Working conditions of men and women should be measured by the standards of the ILO. Children and young persons should be given the same protection whether they work in shops, factories or other places of employment. Female workers qualified for maternity leave under the Employment Ordinance should be given paid leave.

  9. 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.

  10. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

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

  11. INTERNATIONAL LEGAL FRAMEWORK FOR MEDIA

    Directory of Open Access Journals (Sweden)

    Nevenka Ronkova

    2016-04-01

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

  12. 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.

  13. Effects of Parent Immigration Status on Mental Health Service Use Among Latino Children Referred to Child Welfare.

    Science.gov (United States)

    Finno-Velasquez, Megan; Cardoso, Jodi Berger; Dettlaff, Alan J; Hurlburt, Michael S

    2016-02-01

    Latino families may be at risk of experiencing stressors resulting from the immigration process, such as those related to documentation status and acculturation, that may increase their need for mental health services. However, little research exists on the mental health needs and service use of Latino children. This study examined how parental nativity and legal status influence mental health needs and service utilization among children in Latino families investigated by child welfare. Data from the second National Survey of Child and Adolescent Well-Being, a nationally representative, prospective study of families investigated by child welfare agencies for maltreatment, were used to examine mental health need and service use in a subset of Latino children who remained in the home following a maltreatment investigation (N=390). Although children of immigrants did not differ from children of U.S.-born parents in levels of clinical need, they had lower rates of mental health service receipt. After the analyses accounted for other relevant variables, the odds of receiving services were significantly lower (odds ratio=.09) for children whose parents were undocumented compared with children whose parents were U.S. citizens. This study contributes to growing discourse on Latino family needs within the child welfare system. Analyses support earlier research regarding the effects of parent nativity on mental health service use and advance the literature by identifying parent legal status as a unique barrier to child service receipt.

  14. 8 CFR 210.4 - Status and benefits.

    Science.gov (United States)

    2010-01-01

    ... WORKERS § 210.4 Status and benefits. (a) Date of adjustment. The status of an alien whose application for... date on which the fee was paid at a legalization office, except that the status of an alien who applied.... If an interview appointment cannot be scheduled within 30 days from the date an application is filed...

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

    Science.gov (United States)

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

    2015-10-01

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

  16. Multilayer moisture barrier

    Science.gov (United States)

    Pankow, Joel W; Jorgensen, Gary J; Terwilliger, Kent M; Glick, Stephen H; Isomaki, Nora; Harkonen, Kari; Turkulainen, Tommy

    2015-04-21

    A moisture barrier, device or product having a moisture barrier or a method of fabricating a moisture barrier having at least a polymer layer, and interfacial layer, and a barrier layer. The polymer layer may be fabricated from any suitable polymer including, but not limited to, fluoropolymers such as polyethylene terephthalate (PET) or polyethylene naphthalate (PEN), or ethylene-tetrafluoroethylene (ETFE). The interfacial layer may be formed by atomic layer deposition (ALD). In embodiments featuring an ALD interfacial layer, the deposited interfacial substance may be, but is not limited to, Al.sub.2O.sub.3, AlSiO.sub.x, TiO.sub.2, and an Al.sub.2O.sub.3/TiO.sub.2 laminate. The barrier layer associated with the interfacial layer may be deposited by plasma enhanced chemical vapor deposition (PECVD). The barrier layer may be a SiO.sub.xN.sub.y film.

  17. "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 ...

  18. 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.

  19. Technology Transfer in Digital Era: Legal Environment

    Directory of Open Access Journals (Sweden)

    Ivan Anatol’yevich Bliznets

    2018-03-01

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

  20. Thermal barriers for compartments

    Science.gov (United States)

    Kreutzer, Cory J.; Lustbader, Jason A.

    2017-10-17

    An aspect of the present disclosure is a thermal barrier that includes a core layer having a first surface, a second surface, and a first edge, and a first outer layer that includes a third surface and a second edge, where the third surface substantially contacts the first surface, the core layer is configured to minimize conductive heat transfer through the barrier, and the first outer layer is configured to maximize reflection of light away from the barrier.

  1. Centre-periphery tensions in legal theory and practice: can law and lawyers resist urban imperialism?

    Directory of Open Access Journals (Sweden)

    Kim Economides

    2012-12-01

    Full Text Available This paper questions some basic assumptions of legal theory, education and practice from the perspective of rural, remote and regional (RRR legal communities beyond the metropolis. Legal ideologies and values fundamental to the legitimacy of the modern state, such as the Rule of Law, are embedded in most law curricula and reinforced at every stage of the educational continuum, and commonly assert that law, legal rights and access to courts of law apply equally regardless of physical location or social status. Despite this, indigenous and other excluded groups living in peripheral communities frequently experience law differently from their urban counterparts, as do legal professionals living and working outside the city. The key issue examined concerns how centre-periphery tension should best be managed in the future regulation of law and lawyers. What kind of policies and strategies may genuinely assist social inclusion and to what extent should law and legal practice accommodate diversity? How and to what extent should lawyers and para-legals represent the interests of communities rather than private individuals in RRR areas of Australia? What kind of training and technological support do they require? The paper aims to set out some choices that confront policymakers while drawing upon international experience that may offer some guidance.

  2. 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.

  3. Barriers that impede the adoption of pediatric information technology.

    Science.gov (United States)

    Johnson, K B

    2001-12-01

    Information technology (IT) is a critical but underused component of health care. Many factors contribute to the inconsistent adoption of IT. To review the literature to better elucidate barriers that are likely to affect the adoption of IT by pediatric professionals. Manuscripts were found using a MEDLINE search combining the terms medicine, information systems, and technology transfer. I also obtained references cited by relevant articles. Finally, I explored the Internet using http://www.google.com and http://www.northernlight.com. Articles discussing barriers or factors affecting the adoption of IT were considered for inclusion. Articles unrelated to clinical IT were excluded. A variety of barriers exist that affect the adoption of useful technologies. Situational barriers include challenges imposed by the current national health environment, financial and legal risks associated with technology purchasing and use, and access to technology. The most significant barrier is that pediatric health care practitioners may lack the knowledge or training to use IT effectively. Although some barriers exist that may be challenging to overcome, other barriers, such as the lack of knowledge about the uses of IT, are imminently solvable. Efforts to overcome these barriers should begin in earnest and should include educating stakeholders in the care of children and adolescents, as well as improving the knowledge about various technologies available to support pediatric and adolescent health care.

  4. Tunnel barrier schottky

    Energy Technology Data Exchange (ETDEWEB)

    Chu, Rongming; Cao, Yu; Li, Zijian; Williams, Adam J.

    2018-02-20

    A diode includes: a semiconductor substrate; a cathode metal layer contacting a bottom of the substrate; a semiconductor drift layer on the substrate; a graded aluminum gallium nitride (AlGaN) semiconductor barrier layer on the drift layer and having a larger bandgap than the drift layer, the barrier layer having a top surface and a bottom surface between the drift layer and the top surface, the barrier layer having an increasing aluminum composition from the bottom surface to the top surface; and an anode metal layer directly contacting the top surface of the barrier layer.

  5. Does Legalized Prostitution Increase Human Trafficking?

    OpenAIRE

    Seo-Young Cho; Axel Dreher; Eric Neumayer

    2012-01-01

    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...

  6. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

    This paper investigates whether inherited legacies such as legal origin allow of explaining deforestation in 110 developed and developing countries. The hypothesis is that differences in deforestation between countries can be attributed to their legal systems. Also, since nearly all common law countries are former English colonies, and nearly all civil law countries were colonized by France, Spain or Portugal, legal origin and colonial history are strongly correlated, so that one can not attr...

  7. The Legal Origins of Corporate Social Responsibility.

    OpenAIRE

    Becchetti, Leonardo; Ciciretti, rocco; Conzo, Pierluigi

    2013-01-01

    The legal origin literature documents that civil and common law traditions have different impact on rules and economic outcomes. We contribute to this literature by investigating the relationship between corporate social responsibility and legal origins. Consistently with the main differences in historical and legal backgrounds and net of industry specific effects, the common law origin has a significant and positive impact on the Corporate Governance and Community Involvement domains, while ...

  8. 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...

  9. A Legal Negotiatiton Support System Based on A Diagram

    Science.gov (United States)

    Nitta, Katsumi; Shibasaki, Masato; Yasumura, Yoshiaki; Hasegawa, Ryuzo; Fujita, Hiroshi; Koshimura, Miyuki; Inoue, Katsumi; Shirai, Yasuyuki; Komatsu, Hiroshi

    We present an overview of a legal negotiation support system, ANS (Argumentation based Negotiation support System). ANS consists of a user interface, three inference engines, a database of old cases, and two decision support modules. The ANS users negotiates or disputes with others via a computer network. The negotiation status is managed in the form of the negotiation diagram. The negotiation diagram is an extension of Toulmin’s argument diagram, and it contains all arguments insisted by participants. The negotiation protocols are defined as operations to the negotiation diagram. By exchanging counter arguments each other, the negotiation diagram grows up. Nonmonotonic reasoning using rule priorities are applied to the negotiation diagram.

  10. Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey.

    Science.gov (United States)

    Tsai, Jack; Jenkins, Darlene; Lawton, Ellen

    2017-03-01

    To examine civil legal needs among people experiencing homelessness and the extent to which medical-legal partnerships exist in homeless service sites, which promote the integration of civil legal aid professionals into health care settings. We surveyed a national sample of 48 homeless service sites across 26 states in November 2015. The survey asked about needs, attitudes, and practices related to civil legal issues, including medical-legal partnerships. More than 90% of the homeless service sites reported that their patients experienced at least 1 civil legal issue, particularly around housing, employment, health insurance, and disability benefits. However, only half of all sites reported screening patients for civil legal issues, and only 10% had a medical-legal partnership. The large majority of sites reported interest in receiving training on screening for civil legal issues and developing medical-legal partnerships. There is great need and potential to deploy civil legal services in health settings to serve unstably housed populations. Training homeless service providers how to screen for civil legal issues and how to develop medical-legal partnerships would better equip them to provide comprehensive care.

  11. 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

  12. Ten Guidelines for Translating Legal Texts

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2017-12-01

    Full Text Available The paper proposes a targeted model for translating legal texts, developed by the author by combining translation science (i.e. functionalist approaches with the findings of comparative law and legal linguistics. It consists of ten guidelines directing the translator from defining the intended function of the target text and selecting the corresponding translation type, through comparing the legal systems involved in the translation and analysing the memetic structure of the source text and parallel texts in the target culture to designing the target text as a cultureme and ensuring its legal security.

  13. 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....

  14. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

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

  15. 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.

  16. Attitudes towards drug legalization among drug users.

    Science.gov (United States)

    Trevino, Roberto A; Richard, Alan J

    2002-01-01

    Research shows that support for legalization of drugs varies significantly among different sociodemographic and political groups. Yet there is little research examining the degree of support for legalization of drugs among drug users. This paper examines how frequency and type of drug use affect the support for legalization of drugs after adjusting for the effects of political affiliation and sociodemographic characteristics. A sample of 188 drug users and non-drug users were asked whether they would support the legalization of marijuana, cocaine, and heroin. Respondents reported their use of marijuana, crack, cocaine, heroin, speedball, and/or methamphetamines during the previous 30 days. Support for legalization of drugs was analyzed by estimating three separate logistic regressions. The results showed that the support for the legalization of drugs depended on the definition of "drug user" and the type of drug. In general, however, the results showed that marijuana users were more likely to support legalizing marijuana, but they were less likely to support the legalization of cocaine and heroin. On the other hand, users of crack, cocaine, heroin, speedball, and/or methamphetamines were more likely to support legalizing all drugs including cocaine and heroin.

  17. Internet advertising and its legal aspects

    OpenAIRE

    Petrova, Evgeniia

    2015-01-01

    The thesis deals with the legal aspects of Internet advertising. The main aim of this thesis is to define a legal code corresponding to this issue and to compare with the laws in Russia. The aim also is specify the efficiency of this legal aspects and review sufficiency of protection of consumers. Further explain the issue of spamming, find out its benefits to the retailer and negative aspects for consumers, and also to compare legal aspects of spamming with legislation in Russia.i

  18. 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)

  19. 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.

  20. Final disposal in deep boreholes using multiple geological barriers. Digging deeper for safety. Proceedings

    Energy Technology Data Exchange (ETDEWEB)

    Bracke, Guido; Hurst, Stephanie; Merkel, Broder; Mueller, Birgit; Schilling, Frank

    2016-03-15

    The proceedings of the workshop on final disposal in deep boreholes using multiple geological barriers - digging deeper for safety include contributions on the following topics: international status and safety requirements; geological and physical barriers; deep drilling - shaft building; technical barriers and emplacement technology for high P/T conditions; recovery (waste retrieval); geochemistry and monitoring.

  1. Political activities of social workers: addressing perceived barriers to political participation.

    Science.gov (United States)

    Rocha, Cynthia; Poe, Bethanie; Thomas, Veliska

    2010-10-01

    This article reviews the literature on political participation of social workers and the variables that promote or impede political advocacy. Early research in the 1980s and 1990s most often reported education, feelings of efficacy, having a macro-type job, and being a member of a national association as factors that determine greater political participation. Since the late 1990s, organizational and legal issues have surfaced more prominently as barriers to political participation by social workers. This article addresses barriers to participation, such as not feeling competent to perform policy-related tasks and perceived legal barriers.It then analyzes the actual restrictions that nonprofit 501(c)(3) organizations and publicly employed social workers face in lobbying and partisan politics. The article summarizes the activities that are legally allowed in these areas and concludes that social workers can be more politically active than they often realize.

  2. 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

  3. Legal liability and workplace violence.

    Science.gov (United States)

    Brakel, S J

    1998-01-01

    Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

  4. 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.

  5. Barriers' and policies' analysis of China's building energy efficiency

    International Nuclear Information System (INIS)

    Zhang, Yurong; Wang, Yuanfeng

    2013-01-01

    With the rapid economic growth and the improvement of people's living standards, China's building energy consumption has kept rising during the past 15 years. Under the effort of the Chinese government and the society, China's building energy efficiency has made certain achievements. However, the implementation of building energy efficiency in China is still far from its potential. Based on the analysis of the existing policies implemented in China, the article concluded that the most essential and the most effective ways to promote building energy efficiency is the government's involvement as well as economic and financial incentives. In addition, the main barriers in the process of promoting building energy efficiency in China are identified in six aspects. It has been found that the legal system and administrative issues constitute major barriers, and the lack of financial incentives and the mismatching of market mechanism also hamper the promotion of building energy efficiency. Finally, in view of the existing policies and barriers analysis, three corresponding policy proposals are presented. -- Highlights: •The existing policies implemented in China from three aspects are presented and analysed. •The Government's involvement is the most essential effective way to promote building-energy efficiency. •Six aspects of barriers in promoting building energy efficiency in China are identified. •The legal system and administrative issues constitute the major barriers. •Three policy proposals to further promote building energy efficiency in China are proposed

  6. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

    Full Text Available Tuberculosis is a diffusive infectious disease whose typical behavior differentiates it from other infectious diseases spread by human-to-human transmission (flu, chicken pox, cholera, etc. which follow a classically epidemic pattern. Indeed, in the presence of a known source of Koch bacilli capable of spreading them by air, not all exposed individuals inhale the bacteria, not all those who inhale them absorb them, not all those who absorb them are unable to eliminate them, not all who are able to eliminate them do so using delayed hypersensitivity, not all those who react with delayed hypersensitivity suffer lasting tissue damage (among other things, minor, not all who suffer tissue damage have anatomical sequelae, not all those who have anatomical sequelae, however minimal, become carriers of bacilli in the latent period. The vast majority (90-95% of the latter – which are in any case a portion, not the totality of those exposed – remain asymptomatic throughout their lives and never develop active tuberculosis. Based on these biological characteristics and the legal concepts of “epidemic” and “disease,” it becomes highly problematic, if not impossible, to assert both that tuberculosis can cause events of sufficient magnitude to be associated with the crime of “epidemic,” and that the mere diagnosis of a latent tuberculosis infection is sufficient to assume the presence of an illness legally prosecutable in criminal proceedings or a disability prosecutable in civil proceedings. Further, clinically apparent tuberculosis is a temporarily—in some cases permanently—disabling condition, and in certain work environments, even with the difficulties caused by the lack of available effective diagnostic tools and the insidious behavior of the disease in the early stages, it appears appropriate to engage in targeted monitoring, also for the early identification of persons who may become ill.

  7. Identifying barriers to the adoption of new technology in rural hospitals: a case report.

    Science.gov (United States)

    Garrett, Paula; Brown, C Andrew; Hart-Hester, Susan; Hamadain, Elgenaid; Dixon, Corey; Pierce, William; Rudman, William J

    2006-10-25

    The purpose of this study is to identify barriers to the adoption of new technology in rural settings. Specifically, this paper focuses on identifying and overcoming barriers to the adoption of a medication error reporting system in eight rural hospitals. Prior research has generally focused on barriers to the adoption of new technology in urban areas, medical centers, or large hospitals. The literature has identified six primary barriers to the adoption of new technology: cost, legality, time, fear, usefulness, and complexity. Although our research recognizes these same barriers, the means through which these barriers may be mitigated are different in rural settings. Our research identified three additional barriers to the adoption of new technology that may be specific to rural areas: personnel, physical space, and Internet access. Our outcome variable, in order to demonstrate our success, is the number of reported medication errors.

  8. Transforming Education: Overcoming Barriers.

    Science.gov (United States)

    David, Jane L.; Goren, Paul D.

    Barriers to progress in educational reform exist inside and outside the education system. Some arise where new practices encounter traditional expectations and boundaries, but others go much deeper than education, such as poverty, racism, local political conflicts, and human resistance to change. The following five categories of barriers are…

  9. 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…

  10. 8 CFR 245a.5 - Temporary disqualification of certain newly legalized aliens from receiving benefits from...

    Science.gov (United States)

    2010-01-01

    ... of the Act only, assistance furnished under the Legal Services Corporation Act (42 U.S.C. 2996, et... SECTION 245A OF THE IMMIGRATION AND NATIONALITY ACT Immigration Reform and Control Act of 1986 (IRCA... pursuant to section 245A of the Act (Adjustment of Status of Certain Entrants Before January 1, 1982, to...

  11. Development of a Communication Training Program to Improve Access to Legal Services for People with Complex Communication Needs

    Science.gov (United States)

    Togher, Leanne; Balandin, Susan; Young, Katherine; Given, Fiona; Canty, Michael

    2006-01-01

    People with communication disabilities experience problems in accessing the justice system. In this article we describe the development of a multimedia package designed to train legal personnel to identify and reduce communication barriers to their services. The training package is being developed collaboratively by a diverse team that included…

  12. 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…

  13. Constitutionally-Legal Policy as Base Type of Legal Policy of Russia

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

    The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…

  14. Catalytic thermal barrier coatings

    Science.gov (United States)

    Kulkarni, Anand A.; Campbell, Christian X.; Subramanian, Ramesh

    2009-06-02

    A catalyst element (30) for high temperature applications such as a gas turbine engine. The catalyst element includes a metal substrate such as a tube (32) having a layer of ceramic thermal barrier coating material (34) disposed on the substrate for thermally insulating the metal substrate from a high temperature fuel/air mixture. The ceramic thermal barrier coating material is formed of a crystal structure populated with base elements but with selected sites of the crystal structure being populated by substitute ions selected to allow the ceramic thermal barrier coating material to catalytically react the fuel-air mixture at a higher rate than would the base compound without the ionic substitutions. Precious metal crystallites may be disposed within the crystal structure to allow the ceramic thermal barrier coating material to catalytically react the fuel-air mixture at a lower light-off temperature than would the ceramic thermal barrier coating material without the precious metal crystallites.

  15. 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…

  16. 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

  17. On Experiments in Empirical Legal Research

    NARCIS (Netherlands)

    van den Bos, K.; Hulst, Liesbeth

    In this paper we discuss some strengths, stumbling blocks, common mistakes, and controversial issues that can be important when conducting experiments in the legal domain. To this end, we first briefly introduce the experimental method and note some of its strengths when used in legal research

  18. 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

  19. Cannabis use and support for cannabis legalization

    NARCIS (Netherlands)

    Palali, A. (Ali); J.C. van Ours (Jan)

    2016-01-01

    textabstractWe 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

  20. 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, ...