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Sample records for legal system based

  1. Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

    Directory of Open Access Journals (Sweden)

    Nitin Balaji Bilgi

    2011-10-01

    Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

  2. Large-scale computer networks and the future of legal knowledge-based systems

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.; Hage, J.C.; Bench-Capon, T.J.M.; Cohen, M.J.; van den Herik, H.J.

    1995-01-01

    In this paper we investigate the relation between legal knowledge-based systems and large-scale computer networks such as the Internet. On the one hand, researchers of legal knowledge-based systems have claimed huge possibilities, but despite the efforts over the last twenty years, the number of

  3. The use of legal knowledge-based systems in public administration: what can go wrong?

    NARCIS (Netherlands)

    de Bruin, Hugo; Prakken, Henry; Svensson, Jorgen S.; Bench-Capon, Trevor J.M.; Daskalopulu, Aspassia; Winkels, Radboud

    2002-01-01

    In recent years, practical applications of legal knowledge-based systems have become increasingly common. This raises the issue of their functioning in practice and their actual influence on the quality of decisions. In this paper we investigate to what extent incorrect decisions may be caused by

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

    Directory of Open Access Journals (Sweden)

    Valerie Coppenrath

    2017-08-01

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

  5. Religious legal systems: challenges of the modernity

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    Д. В. Лук’янов

    2015-11-01

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

  6. 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,

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

    African Journals Online (AJOL)

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

  8. e-Learning strategies in occupational legal medicine based on problem solving through "CASUS" system.

    Science.gov (United States)

    Martínez-Jarreta, B; Monsó, E; Gascón, S; Casalod, Y; Abecia, E; Kolb, S; Reichert, J; Radon, K

    2009-04-01

    The use of online teaching tools facilitate the incorporation of self-learning methods. With a view to encouraging convergence in teaching tools and methods in Occupational Legal Medicine, an initiative was set up within the classes of Legal and Forensic Medicine at Saragossa University, as part of the EU funded NetWoRM project, which has been led since 1999 by Ludwig-Maximilians-Universität in Munich (Germany). The interest of medical students in Occupational Legal Medicine has so far been low and in addition different aspects complicate the teaching of Occupational Legal Medicine at medical schools: One reason for the low interest is the limited availability of bedside teaching, one of the students' most favourite and effective way to learn. The reason for that is that most medical schools with occupational departments only have outpatient clinics. "Interesting" patients who be need for educational purposes are therefore only available for a limited part of the day. However, in order to recognize and prevent occupational disorders each medical student and physician needs profound clinical knowledge in Occupational Legal Medicine. This project has proven to be highly efficient in permitting the creation and validation of teaching tools which cover and improve the traditional training of the Occupational Legal Medicine programme imparted in the degree of Medicine.

  9. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

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    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  10. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

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

  11. Concept Of The Legal System Analysis

    Directory of Open Access Journals (Sweden)

    Petr E. Zhigockiy

    2015-03-01

    Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

  12. Suretyship in Serbian and comparative legal systems

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    Pajtić Bojan

    2014-01-01

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

  13. Abortion in Iranian legal system: a review.

    Science.gov (United States)

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

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

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

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

  15. The legal system of nuclear waste disposal

    International Nuclear Information System (INIS)

    Dauk, W.

    1983-01-01

    This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering. (orig./HSCH) [de

  16. Final Research Report: Administrative and Legal Issues Associated with a Multi-State VMT-Based Charge System

    Science.gov (United States)

    2010-11-01

    In May 2009, the I-95 Coalition convened a workshop of experts to discuss how the Coalition could best contribute to the national dialogue regarding VMT-based charge systems. Following the recommendations of the National Surface Transportation Policy...

  17. Shared Electronic Health Record Systems: Key Legal and Security Challenges.

    Science.gov (United States)

    Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

    2017-11-01

    Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

  18. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    Energy Technology Data Exchange (ETDEWEB)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

    1998-03-15

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

  19. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    International Nuclear Information System (INIS)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub

    1998-03-01

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations

  20. Thinking Like a Lawyer, Thinking Like a Legal System

    Science.gov (United States)

    Stuart, Richard Clay

    2013-01-01

    The legal system is the product of lawyers. Lawyers are the product of a specific educational system. Therefore, to understand the legal system, we must first explore how lawyers are trained and conditioned to think. What does it mean to "Think Like a Lawyer?'' This dissertation makes use of autoethnography to explore the experience…

  1. Modeling complex metabolic reactions, ecological systems, and financial and legal networks with MIANN models based on Markov-Wiener node descriptors.

    Science.gov (United States)

    Duardo-Sánchez, Aliuska; Munteanu, Cristian R; Riera-Fernández, Pablo; López-Díaz, Antonio; Pazos, Alejandro; González-Díaz, Humberto

    2014-01-27

    The use of numerical parameters in Complex Network analysis is expanding to new fields of application. At a molecular level, we can use them to describe the molecular structure of chemical entities, protein interactions, or metabolic networks. However, the applications are not restricted to the world of molecules and can be extended to the study of macroscopic nonliving systems, organisms, or even legal or social networks. On the other hand, the development of the field of Artificial Intelligence has led to the formulation of computational algorithms whose design is based on the structure and functioning of networks of biological neurons. These algorithms, called Artificial Neural Networks (ANNs), can be useful for the study of complex networks, since the numerical parameters that encode information of the network (for example centralities/node descriptors) can be used as inputs for the ANNs. The Wiener index (W) is a graph invariant widely used in chemoinformatics to quantify the molecular structure of drugs and to study complex networks. In this work, we explore for the first time the possibility of using Markov chains to calculate analogues of node distance numbers/W to describe complex networks from the point of view of their nodes. These parameters are called Markov-Wiener node descriptors of order k(th) (W(k)). Please, note that these descriptors are not related to Markov-Wiener stochastic processes. Here, we calculated the W(k)(i) values for a very high number of nodes (>100,000) in more than 100 different complex networks using the software MI-NODES. These networks were grouped according to the field of application. Molecular networks include the Metabolic Reaction Networks (MRNs) of 40 different organisms. In addition, we analyzed other biological and legal and social networks. These include the Interaction Web Database Biological Networks (IWDBNs), with 75 food webs or ecological systems and the Spanish Financial Law Network (SFLN). The calculated W

  2. Should fully autonomous artificial intelligence systems be granted legal capacity?

    OpenAIRE

    Naučius, Mindaugas

    2018-01-01

    The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

  3. Direct: Ontology based discovery of responsibility and causality in legal case descriptions

    NARCIS (Netherlands)

    Breuker, J.A.P.J.; Hoekstra, R.J.; Gordon, T.

    2004-01-01

    In this paper we present DIRECT, a system forautomatic discovery of responsibility and causal relations in legal case descriptions based on LRI-Core, a core ontology that covers the main concepts that are common to all legal domains. These domains have a predominant common-sense character - the law

  4. Legal bases for the installation of nuclear power plants

    International Nuclear Information System (INIS)

    Faria, N.M. de

    1980-06-01

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

  5. Legal Issues of A Surrogacy Contract Based on Iranian Acts

    Directory of Open Access Journals (Sweden)

    Amir Pirouz

    2011-06-01

    Full Text Available Assistive technologies have always opened new horizons in human's life, posed solutions to problemsand brought relief and prosperity for human beings. Iranian judicial authorities have recently recognizedthe importance of medical technologies. Accordingly, Iranian legal system has recognized surrogacy anda surrogacy contract seems unavoidable for surrogacy to be legally valid, socially acceptable andreligiously legitimate. As a legal defense of including a typical surrogacy contract in contract law, thisreview studies the four building blocks of a valid contract: the intention and consent of parties, theirlegal capacity, the subject of the contract and its legitimacy. Discussing related Iranian Acts concerningcontracts and responsibilities of parties, the authors of the present article deal with main commitmentsand responsibilities of the parties to a typical surrogacy contract: infertile couples, surrogate, fertilityclinic or medical institute, and surrogate's husband. The authors conclude that a surrogacy contract isaccepted based on article 10 of Iranian Civil Act 1928, pose some suggestions to be included in such acontract, and emphasize that a specific Act concerning surrogacy should be approved to cover rights andlegal needs of all parties to a surrogacy contract.

  6. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  7. Coase, externalities, property rights and the legal system

    NARCIS (Netherlands)

    Geerdink, G.C. (Carlie); Stauvermann, P.J.

    2010-01-01

    In this paper we investigate the possible consequences of different institutional settings (in casu the legal system) on externalities and their effect on the efficient allocation of externalities. We investigate whether the restriction of marginally low transaction costs can be relaxed if the legal

  8. Judicial Capacity in a Transforming Legal System

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    Hugh Corder

    2017-12-01

    Full Text Available Given the perennial problem of lack of access to justice; the fact that there was no shortage of superior court judges until 1994; the demands on court process which flow directly from transition to the constitutional democratic system; and the urgent and justified necessity for the demographic transformation of judicial personnel, two challenges to the capacity of the judicial system present themselves in South Africa: Enlarging the number of suitable candidates for judicial appointment to redress the former demographic imbalance; and developing the kind of skills among those appointed as judges to be able to respond with confidence across a wide range of often complex legal issues; and developing a theory of judicial deference which observes the separation of powers and preserves judicial independence. This paper explores these challenges, after setting out the socio-political context, as it impacts directly on their nature and scope, and the prospects of meeting them.Debido al constante problema de la falta de acceso a la justicia, al hecho de que no hubo escasez de jueces de tribunales superiores hasta 1994, las demandas del proceso judicial que surgen directamente de la transición al sistema democrático constitucional, y la necesidad urgente y justificada de la transformación demográfica del personal judicial, el rendimiento judicial en Sudáfrica se encuentra con dos desafíos: Aumentar el número de candidatos aptos al nombramiento judicial para compensar el anterior desequilibrio demográfico y desarrollar en los jueces nombrados aquellas habilidades que les permitan responder con confianza a asuntos jurídicos a menudo complejos; y desarrollar una teoría de deferencia judicial que respete la separación de poderes y preserve la independencia judicial. Este artículo explora estos desafíos tras explicar el contexto sociopolítico, ya que éste afecta directamente a su naturaleza y alcance, y las probabilidades de que se superen

  9. The problem of the legal nature of Green Certificates in the Italian legal system

    International Nuclear Information System (INIS)

    Colcelli, Valentina

    2012-01-01

    Green Certificates are usually described as negotiable instruments or commercial papers. The Italian legal system identifies Green Certificates as rights but, due to the ambiguity of the definition, their juridical nature remains uncertain. This reverberates on the functioning of the Green Certificates market and on the enforcement of the relevant norms. This paper discusses the actual legal nature of Green Certificates in Italy and concludes that they should be regarded as goods. This means that private law instruments apply in their market transactions, with consequent implications on the policy side. - Highlights: ► A definition of Green Certificates in the Italian legal system is provided. ► Green Certificates are not Credit Instruments. ► However, they may be negotiated separately from the energy they represent. ► Green Certificates are goods, which relate to new properties.

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

    Directory of Open Access Journals (Sweden)

    Elsje Bonthuys

    2016-12-01

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

  11. Harmonization of Islamic Law in National Legal System A Comparative Study between Indonesian Law and Malaysian Law

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    Yeni Salma Barlinti

    2011-01-01

    Full Text Available This article compares Indonesian legal system and Malaysian legal system. The government legalized Islamic law in national legislateions, which are in effect for Muslim people. To facilitate dispute settlement, there is a religious court to solve Islamic dispute based on Islamic Law. The exsistence of Islamic law in Indonesia and Malaysia has similarity and differentiation. The similarities among others are: the Muslim-majority in both countries pushes the government to put Islamic law into force, Islamic law must be written into constitution or legislation. It is needed to have legal basis when performing Islamic law, the existence of religious court is very important in dispute settlement related to Islamic law. The Influence of western legal system is very strong in national legal system. Nevertheless, the western legal system differ substantially from Islamic legal system, and Islamic law was implemented limitedly based upon western legislation. It was limited to family law. While the differentiation are: the way of implementation of western legal system into national legal system and the form of legislation Indonesia has one legislation, which is in effect to all of Indonesian people. On the contrary, Malaysia has many enactments, which are different from one to another in each negeri.

  12. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

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

    Directory of Open Access Journals (Sweden)

    Ranti Fauza Mayana

    2018-03-01

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

  14. Rape Survivors' Agency within the Legal and Medical Systems

    Science.gov (United States)

    Greeson, Megan R.; Campbell, Rebecca

    2011-01-01

    Many rape survivors seek help from the legal and medical systems post-assault. Previous studies have examined how social system personnel treat survivors, but less attention has been paid to how survivors attempt to shape their interactions with these systems. The purpose of this qualitative study was to examine rape survivors' agency--the active…

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

    OpenAIRE

    Maryono Maryono; Yuhelson Yuhelson

    2016-01-01

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

  16. The Historical Development of the Mixed Legal System of Mauritius ...

    African Journals Online (AJOL)

    Mauritius had originally inherited its laws from its two successive colonial administrators, France and Great Britain. The Mauritian legal system, however, is neither civilian nor common law, although possessing characteristics of both. By a kind of osmosis, the system has blended the elements of its inherited traditions and, ...

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

    Directory of Open Access Journals (Sweden)

    Hajdini Bojana

    2017-06-01

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

  18. Human Nature and its Implications for the Legal System | Obioha ...

    African Journals Online (AJOL)

    This paper examines the implications the various conceptions of human nature hold for the legal system. No doubt, there are various and conflicting theories of human nature such that the concept of human nature seems to have remained elusive and pervasive. Some conceive man as nothing but matter pure and simple; ...

  19. 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 ...

  20. Anti-corruption policy in the system of legal measures

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Filonenko

    2015-09-01

    Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

  1. Selected legal and regulatory concerns affecting domestic energy transportation systems

    International Nuclear Information System (INIS)

    Schuller, C.R.

    1979-07-01

    This report provides assessments of eight legal and regulatory concerns that may affect energy material transportation in the US during the rest of the century: state authority to regulate nuclear materials transport, divestiture of petroleum pipelines from major integrated oil companies, problems affecting the natural gas transportation system, capabilities of energy transportation systems during emergencies, Federal coal pipeline legislation, ability of Federal agencies to anticipate railroad difficulties, abandonment of uneconomic railroad lines, and impact of the Panama Canal treaty upon US energy transportation

  2. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  3. Assessing Performance of Three BIM-Based Views of Buildings for Communication and Management of Vertically Stratified Legal Interests

    Directory of Open Access Journals (Sweden)

    Behnam Atazadeh

    2017-07-01

    Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.

  4. On the obstacles and solutions in the application of Chinese criminal legal aid system

    Directory of Open Access Journals (Sweden)

    Wang Sh.

    2016-06-01

    Full Text Available the article discovers the problem of application of Chinese legal aid system, which is very low. The problem should be solved as below. The author suggests strengthening the education to investigators, changing the way of employing legal aid lawyers and clarify the content of the right informing and applying for legal aid system. These actions application might well improve the situation.

  5. Managing Environmental Interests: Decision Patterns within the Italian Legal System

    International Nuclear Information System (INIS)

    Fracchia, F.

    2008-01-01

    The article deals with the main patterns established by the Italian legal system with respect to the decisions regarding environmental issues. After outlining the most important theories related to the problem of the juridical definition of the environment, as well as the constitutional context, which assigns the environmental protection to the competence of the State, the analysis singles out five different models. The first one is the result of the application of the environmental principles established by the European sources and enforced by the Italian Law; in this regard, in particular, the precautionary principle interferes with the usual way through which the Public Entities take their final decisions. The second pattern embodies the idea according to which the environment is a prominent value, capable of prevailing over other values and interests. The third one, starting from the same assertion (the environmental interest must win), adds that it must only be assessed by technical bodies with a specific competence. The fourth model is based upon the premise that the environmental proceedings cannot be simplified, so that some legal tools such as 'Conferenza di Servizi', silence and so on, cannot be applied in this field. The last pattern considers the possibility for Bodies different from the State (such as the Regions) to regulate the environmental issues, thus introducing stricter levels of protection of the environment. The article underlines that the size of this competence strictly depends on the notion of protection of the environment that is used (in any case, the Constitutional Court, since the fundamental decision n. 407 of 26 July 2002, considering the environment as a sort of transversal matter, has ruled that important room for regional legislative power does exist). Very often there is a sort of subsidiarity, since in the first place the technical bodies have the competence to take care of the environmental interest, while the bureaucracy or the

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

    Directory of Open Access Journals (Sweden)

    Melania Navas Graterol

    2017-11-01

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

  7. Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2017-11-01

    To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system. This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used. The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling. Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

  8. National legal system in relation to vulnerable population groups

    Directory of Open Access Journals (Sweden)

    Sjeničić Marta

    2015-01-01

    Full Text Available Vulnerable social groups can be recognized in everyday life, and local legal regulations identify them as well. Strategies and laws clearly identify the increased needs of vulnerable groups. Local legislation, for example, observes comparative law trends and attempts to prevent discrimination of persons with disabilities, emphasizes their human rights and creates the legal framework for taking these persons out of the institutional form of protection and including them into the community. In Serbia however, strategies and laws, as well as by-laws, are written in sectors, and not in cross-sectors manner. Proper caring for persons with disabilities, including persons with mental disabilities, requires an integral approach, namely a mutual approach of the social, health, educational and other sectors. True enough, local regulations stress the need for an intersectional approach, but such an approach is scantily applied in practice, so the comprehensive care that would satisfy the multiple needs of persons with mental disabilities often turns out to be less than expected in the community. Pursuant to national laws and basic ethic principals, all citizens of the Republic of Serbia have the right to health protection without discrimination. Therefore, methods for using health protection, easier than the existing ones, should be found for certain vulnerable groups, depending on their characteristics, and so for the Roma as well, and bearing in mind that systemic health regulations in Serbia open the door to special treatment of these groups. The inaccessible approach to health care of the Roma population persists primarily due to insufficient basic health documentation and basic personal documentation. Personal documents are linked with the registered place of residence, which the Roma, largely do not have. The problem is thus on a wider scale and is not only focused on the health sector. As such, it requires a wider, intersectional approach and a

  9. Security, development and human rights: normative, legal and policy challenges for the international drug control system.

    Science.gov (United States)

    Barrett, Damon

    2010-03-01

    This commentary addresses some of the challenges posed by the broader normative, legal and policy framework of the United Nations for the international drug control system. The 'purposes and principles' of the United Nations are presented and set against the threat based rhetoric of the drug control system and the negative consequences of that system. Some of the challenges posed by human rights law and norms to the international drug control system are also described, and the need for an impact assessment of the current system alongside alternative policy options is highlighted as a necessary consequence of these analyses. Copyright (c) 2010 Elsevier B.V. All rights reserved.

  10. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2012-12-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The

  11. Legal Challenges Related to the Regulation of a Domain Name System

    Directory of Open Access Journals (Sweden)

    Marius Kalinauskas

    2013-02-01

    Full Text Available Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system. Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies. Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field. Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis. Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models. Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes

  12. 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.

  13. Governance in Times of Globalisation: the Kaleidoscope of the Legal System

    Directory of Open Access Journals (Sweden)

    Francesca Scamardella

    2016-09-01

    Full Text Available In the last few decades, the West has been deeply transformed by globalisation; global markets have been replacing national economies and states have been losing their legislative and executive powers. The global economy is imposing its own standards, such as the so-called Brazilianisation of the West, consisting of labour changes inspired by typical Brazilian features (low wages, flexibility and insecurity. In such a context, a question arises: how is the legal system changing? Sociology of law has indicated legal transformations in terms of soft law, such as lex mercatoria, codes of conduct, etc. This informal system seems to constitute a legal kaleidoscope where global and local players are involved, rather than an effective legal system. From this perspective, globalisation can also be considered the legal premise of governance, based on the participation of social parties to policy and law-making processes. The aim of this article is to focus on legal transformations in times of globalisation, stressing the governance approach as a legal kaleidoscope capable of managing social inequalities, different distributions of power and knowledge and the other perverse effects determined by globalisation.En las últimas décadas, la globalización ha transformado profundamente Occidente; los mercados mundiales han ido sustituyendo a las economías nacionales y los Estados han ido perdiendo sus poderes legislativo y ejecutivo. La economía mundial está imponiendo sus propias normas, como la denominada brasileñización de Occidente, que consiste en implantar cambios laborales inspirados en las características típicas de Brasil (salarios bajos, flexibilidad e inseguridad. En este contexto, surge una pregunta: ¿cómo está cambiando el sistema legal? La sociología jurídica ha apuntado transformaciones legales en materia de leyes "blandas", como la lex mercatoria, códigos de conducta, etc. Este sistema informal parece constituir un caleidoscopio

  14. COMPARATIVE LEGAL STUDY OF THE FREEDOM OF SPEECH IN RUSSIA AND CHINA. RUSSIAN LEGAL SYSTEM’ INFLUENCE ON THE CHINESE LEGAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Stanislav Yu Kolmakov

    2013-01-01

    Full Text Available The article analyzes the features, similarities and differences of the legal systems of Russia and China and reveals that Russia is a more democratic state compared to China in the field of protection of the freedom of speech. The author concludes that Russia can influence China by methods of international treaties which allow cooperation between states with different state and social orders and by promoting the ideas of the freedom of expression through research exchanges.

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

    DEFF Research Database (Denmark)

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

    2014-01-01

    This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp’s probabili......This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp...... and Griffiths in Behav Brain Sci 4:629–640, 2001), the probabilistic model of theory formation, i.e., the Infinite Relational Model (IRM) first introduced by Kemp et al. (The twenty-first national conference on artificial intelligence, 2006, Cognition 114:165–196, 2010) and its extended model, i.e., the normal...... to the International Standard Classification of Education. The main contribution of this work is the proposal of a conceptual framework of the cross-categorization approach that, inspired by Sartor (Artif Intell Law 17:217–251, 2009), attempts to explain reasoner’s inferential mechanisms....

  16. Page JUDICIAL PRECEDENT IN THE NIGERIAN LEGAL SYSTEM

    African Journals Online (AJOL)

    Fr. Ikenga

    Judicial precedent is a basic principle of the administration of justice in .... precedent assume a natural position that is not different from any other ... L. Alexander, Precedent in a Companion to Philosophy of Law and Legal Theory 503-513,.

  17. What is the Role of Legal Systems in Financial Intermediation? Theory and Evidence

    NARCIS (Netherlands)

    Bottazzi, L.; Da Rin, M.; Hellmann, T.

    2008-01-01

    We develop a theory and empirical test of how the legal system affects the relationship between venture capitalists and entrepreneurs. The theory uses a double moral hazard framework to show how optimal contracts and investor actions depend on the quality of the legal system. The empirical evidence

  18. EXPERIENCE OF NORMATIVE-LEGAL TRAINING OF PEDAGOGICAL STAFF IN THE SYSTEM OF HIGHER EDUCATION AND INCREASE QUALIFICATION

    Directory of Open Access Journals (Sweden)

    Andzhela Muharbievna Shekhmirzova

    2017-10-01

    Full Text Available The article presents the experience of normative and legal training of pedagogical personnel in the sphere of higher and additional professional education. The results of the analysis of the actual state of the system of normative and legal training of teachers are shown. The problems of forming normative-legal competence are analyzed. The relationship between the improvement of the system of normative-legal training of pedagogical cadres and the solution of a number of problems of a methodological nature is determined. At the same time, the problem of conceptual modeling of an effective pedagogical system of normative-legal training of pedagogical cadres is considered as a core, around which others group in a certain subordination. From the system positions it is shown the need to create an effective system of training teachers for the proper use of regulatory and legal acts in pedagogical activity, to solve complex problems, taking into account dynamically updated legislation. Based on the revealed methodological problems of normative-legal training of teachers, the need for a holistic view of the formation of regulatory-legal competence in the context of continuous teacher education. The purpose of research – presentation of a model of continuous regulatory education of teachers in the field of higher and additional professional education on the basis of identified methodological problems. Method or methodology of work: In the article a set of various methods of pedagogical research is presented: theoretical - analysis of scientific and pedagogical literature on the research problem, study and analysis of normative and legal documentation on the topic under consideration, theoretical generalization of research results; empirical - a survey, an analysis of the content of pedagogical documentation and performance, expert evaluation, modeling. Results: The model of continuous normative-legal training of pedagogical personnel in the sphere of

  19. Protection against Indirect Expropriation under National and International Legal Systems

    Directory of Open Access Journals (Sweden)

    Max Gutbrod

    2009-04-01

    Full Text Available

    In recent years, direct expropriation2 has rarely been seen.3 States which wish to import capital do not like to be associated with posing a permanent, non-calculable threat to foreign-owned property but prefer to present themselves as jurisdictions with very stable, reliable and orderly regulatory environments.4 Expropriation, however, has by no means vanished; its execution has just become more subtle.5 Ambiguously or generously worded laws are ‘interpreted’ in a way that suits certain groups in the government or are only enforced when it suits a particular interest; administrative discretion is influenced by factors unrelated to the matter at issue, or administrations fail to conduct their processes in a transparent and comprehensible way. All these measures, turned against a foreign investor, can easily drive him out of business. Virtually all bilateral investment treaties (BITs and multilateral investment agreements (MITs, therefore, reflect this development and also cover acts of State which may expropriate “indirectly through measures tantamount to expropriation or nationalisation”6 (indirect expropriation7. Moreover, many international investment agreements (IIAs not only provide rules on (indirect expropriation but also establish so-called treatment standards “which refer to the legal regime that applies to investments once they have been admitted by the host State.”8 Administrative malfeasance, misfeasance and nonfeasance may also affect the investment adversely without amounting to “indirect expropriation”, constituting a less intense interference with the property. Indeed, there are arbitral awards which, while not accepting a claim based on “indirect expropriation”, established a compensable violation of “treatment standards”, i.e. in

  20. Legal system of nuclear waste disposal. Das System der atomaren Entsorgungsregelung

    Energy Technology Data Exchange (ETDEWEB)

    Dauk, W

    1983-01-01

    This doctoral thesis presents solutions to some of the legal problems encountered in the interpretation of the various laws and regulations governing nuclear waste disposal, and reveals the legal system supporting the variety of individual regulations. Proposals are made relating to modifications of problematic or not well defined provisions, in order to contribute to improved juridical security, or inambiguity in terms of law. The author also discusses the question of the constitutionality of the laws for nuclear waste disposal. Apart from the responsibility of private enterprise to contribute to safe treatment or recycling, within the framework of the integrated waste management concept, and apart from the Government's responsibility for interim or final storage of radioactive waste, there is a third possibility included in the legal system for waste management, namely voluntary measures taken by private enterprise for radioactive waste disposal. The licence to be applied for in accordance with section 3, sub-section (1) of the Radiation Protection Ordinance is interpreted to pertain to all measures of radioactive waste disposal, thus including final storage of radioactive waste by private companies. Although the terminology and systematic concept of nuclear waste disposal are difficult to understand, there is a functionable system of legal provisions contained therein. This system fits into the overall concept of laws governing technical safety and safety engineering.

  1. Contemporary Development Trends in Administrative-Legal Relations in the System of Administrative Justice

    Science.gov (United States)

    Abdikerimova, Aynur A.

    2016-01-01

    The purpose of the study is to determine the main contemporary development trends in administrative-legal relations in the field of administrative justice. In order to examine theoretical and practical issues of modern administrative justice, normative legal acts identifying the relations in the system of administrative justice in the Republic in…

  2. A Model-Based Framework for Legal Policy Simulation and Compliance Checking

    OpenAIRE

    Soltana, Ghanem

    2017-01-01

    Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...

  3. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    Cape Canaveral Air Force Station in Florida. In May 2012 ... increase, accidents will inevitably occur,24 which will give rise to legal questions relating to ..... the altitude of 100 kilometers above sea level (the so-called Von Kármán line58) can.

  4. The Order of Protection in the Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Natalia Saharov

    2015-05-01

    Full Text Available The phenomenon of domestic violence, quite common in the countries of Eastern Europe, including Romania, can be perceived as a consequence of shortcomings in the education of person, or a faulty education. The aims of current study is to present and analyze the legal instruments designed in the area of civil law due to combat and prevent domestic violence, with a special regard to the protective order governed by the law No. 217/ 2003, as amended and republished. Legal provisions are analyzed with regarded to the person who may apply for order of protection, the conditions for the admissibility of the petition for the issuance of the protective order, the measures which may be imposed by an protection order, the duration of these measures, the conditions for revocation of the protective order etc. The study reveals the practical application of analyzed legal provisions, by referring to the decisions given by Romania courts in cases involving the “protective order”. Finally are exposed the advantages and shortcomings of normative framework already existing, as well as the effectiveness of the legal provisions in practice.

  5. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    NWUuser

    by reading Christie's theoretical insights against the core propositions of the ... and a bearer of value, man acquires the capacity to be a legal subject and a .... reciprocation for the victim from the offender. To this end, the offender is put to terms ex post facto. He has had his satisfaction. Now, in the face of the power of.

  6. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    NWUuser

    Defenders of ubuntu as an emerging value in South African law often emphasise its power as a transformative .... overlap between ubuntu, rights articulated in the Constitution, and emerging international legal norms. ...... General of the National Intelligence Agency by the unilateral amendment of his terms of employment.

  7. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL. FIELDS IN ... the Hitler-era, used a device to "bug" the telephones of foreign embassies as well those of its ..... Who disregard privacy considerations in order to perform online marketing and advertising. 51 ..... na rekenaars" 1985 SACC 129-141.

  8. Legal and methodological bases of comprehensive forensic enquiry of pornography

    Directory of Open Access Journals (Sweden)

    Berdnikov D.V.

    2016-03-01

    Full Text Available The article gives an analysis of the legal definition of pornography. The author identified descriptive and target criteria groups which are required for the analysis and analyses the content of descriptive criteria of pornography and the way how they should be documented. Fixing attention to the anatomical and physiological characteristics of the sexual relations is determine as necessary target criterion. It is noted that the term "pornography" is a legal and cannot be subject of expertise. That is why author underlined some methodological basis of complex psycho-linguistic and psycho-art expertise. The article presents general issue depends on expert conclusion and studies cases where the research is necessary to involve doctors, as well as criteria for expert's opinion. Besides that, author defined subject, object and main tasks of psychological studies of pornographic information.

  9. Teaching Clinical (and Nonclinical) Psychology through Applications to the Legal System: Violence Risk Assessment and the Insanity Defense

    Science.gov (United States)

    Costanzo, Marina L.; Costanzo, Mark A.

    2013-01-01

    The prediction of dangerousness and the insanity defense are two areas where psychologists provide research-based expertise to the courts. Teachers of psychology can use these topics to capture the attention of students and to show how psychological research and theory can inform and influence the legal system. Specifically, teachers can use the…

  10. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

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

  11. Regulatory networks, legal federalism, and multi-level regulatory systems

    OpenAIRE

    Kerber, Wolfgang; Wendel, Julia

    2016-01-01

    Transnational regulatory networks play important roles in multi-level regulatory regimes, as e.g, the European Union. In this paper we analyze the role of regulatory networks from the perspective of the economic theory of legal federalism. Often sophisticated intermediate institutional solutions between pure centralisation and pure decentralisation can help to solve complex tradeoff problems between the benefits and problems of centralised and decentralised solutions. Drawing upon the insight...

  12. ADMINISTRATIVE AND LEGAL PRINCIPLES OF FUNCTIONING OF THE FINANCIAL SYSTEM IN UKRAINE AND EUROPE: A COMPARATIVE ANALYSIS

    Directory of Open Access Journals (Sweden)

    Kateryna Chyzhmar

    2017-12-01

    Full Text Available The purpose of the article is a comparative legal analysis of the administrative and legal principles of the functioning of the financial system in Ukraine and European countries. The subject of the study is the peculiarities of the state regulation of financial systems in Great Britain, Germany, Poland, Spain, Sweden, and Ukraine. Methodology. The research is based on comparing the legal regulation of the financial system in Ukraine and in the EU countries. An analysis of European experience in the administrative regulation of financial systems and financial activity has shown that most European states support the policy of regulating the financial system as a holistic, indivisible phenomenon, gradually moving away from its understanding as a set of separate segments. A significant influence on this issue was made by the European Union, within which there was introduced a combination of the most important functions in the regulation of the EU financial system and entrusting them to a separate group of special bodies. Results of the comparative legal study showed that, unlike most European countries, in Ukraine, the administrative and legal framework for the provision of certain components of the financial sector, in particular, banking, investment, tax and budget, financial services market, etc., are not combined into a single model of state regulation of financial system, but they are scattered. In turn, the lack of a unified legal basis for state regulation of the national financial system in practice creates a situation where such regulation is carried out by a large number of state bodies of varying degrees, whose powers are repeated in some cases, which causes contradictions. Practical implications. It is found that the key difference between the regulation of financial systems in the countries of Europe lies in the very principle of perceiving the role of the state in this process and understanding the content of the financial system as a

  13. On the perfection of the legal supervision system of equity-based crowdfunding in China%论我国股权众筹法律监管制度的完善

    Institute of Scientific and Technical Information of China (English)

    艾要波

    2016-01-01

    The equity-based crowdfunding is a relatively innovative technology combining financing and the In-ternet technology , whose purpose is to facilitate the fund raising of those emergent , fledgling and innovative en-terprises .The relevant issues such as legal supervision , risk control have prompted leading countries in equity -based crowdfunding to introduce regulations and laws .However , there has been no regulations as to the legality of equity-based crowdfunding and its risk control .Based on the actual circumstances in our country and compa-ring the development and supervision of equity -based crowdfunding abroad and at home , this paper proposes that the supervision on the platforms of transaction and investors should be gradually strengthened .%股权众筹是金融与互联网融合的创新技术,其宗旨是帮助那些成长型、初创型、创新型企业尽快完成低成本的融资。股权众筹涉及的法律监管、风险控制问题使世界各个股权众筹较发达的国家纷纷出台相关的管理法案或者法规。对于股权众筹是否合乎法律以及如何对其进行风险控制,我国目前尚无具体的规定。从我国股权众筹的实际发展情况入手,对比国外股权众筹发展及监管情况总结出中国应该根据国内股权众筹的实际情况逐步加强对交易平台、投资者等的相关监管。

  14. International legal protection of environment in the system of fundamental generally recognized principles of international law

    International Nuclear Information System (INIS)

    Meherremov, A.A.

    2007-01-01

    The issue of international legal protection of environment in the system of fundamental, generally recognized principles of international law is analyzed in the article taking into consideration the different opinions in legal scientific researches and international practice. It is concluded that the protection of environment for the present and next generations - is a basic principle of international legal protection of environment. The meaning of this principleis that the countries will take all necessary measures for preservation and promotion of the quality of environment for the present and next generations, as well as rational management of natural resources. Adoption and national legal implementation of specific norms, in conformity with that basic principle, is a main factor in resolution of environmental problemsand ensuring environmental security

  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. Equity – Connotations in the Current Romanian Legal System

    Directory of Open Access Journals (Sweden)

    Emilian Ciongaru

    2014-05-01

    Full Text Available The underlying principle of the law, and a source of law – equity – has been expressly or explicitly integrated in the judicial development of law, with a view to giving a meaning to the law, for which reason it is aimed at peacefully solving or preventing the social disputes in society. Therefore, equity has a hermeneutic function, strictly for making interpretations when the legislator so allows it, it is intrinsic to the law and contains all phases of good management and enforcement of justice, being a part of all stages of the legal proceedings, from the application initiating proceeding to the actual implementation of the court decision awarded, regardless of the nature or extent of jurisdiction, and of the nature of the litigation referred for judgment. According to the requirements of equity, the judges have special powers for settling specific cases, namely, they may offer resolutions they consider to be fair and conforming to the interests of the parties involved, which is to be grounded on facts, and not on the positive law.

  17. Legal analysis of systemic investment protection regulation in the European Union’s financial sector

    Directory of Open Access Journals (Sweden)

    Bocs L.

    2018-01-01

    Full Text Available After the Treaty of Lisbon the European Union has an exclusive and uniform competence regarding investment agreements within its common commercial policy. Yet the political events in 2016 showed that there are still many regional differences politically and economically, especially after the so-called Brexit and negotiations with the United States of America in relation to transatlantic trade and investment. Therefore, the aim of the research is to determine the legal framework and related problems for unified investment protection within the European Union. Using descriptive, logical and deductive methodology the paper establishes a juristic base consensus for trade and investment policies, concludes that so far those policies have been systemically neglected due to regional differences in economic development and accordingly suggests to unify and protect the common investment policies by using already existing regional judicial mechanisms of member states within a unified code of conduct.

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

    Directory of Open Access Journals (Sweden)

    Pierre Foy Valencia

    2013-12-01

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

  19. Machine learning versus knowledge based classification of legal texts

    NARCIS (Netherlands)

    de Maat, E.; Krabben, K.; Winkels, R.; Winkels, R.G.F.

    2010-01-01

    This paper presents results of an experiment in which we used machine learning (ML) techniques to classify sentences in Dutch legislation. These results are compared to the results of a pattern-based classifier. Overall, the ML classifier performs as accurate (>90%) as the pattern based one, but

  20. A longitudinal simulation-based ethical-legal curriculum for otolaryngology residents.

    Science.gov (United States)

    Fanous, Amanda; Rappaport, Jamie; Young, Meredith; Park, Yoon Soo; Manoukian, John; Nguyen, Lily H P

    2017-11-01

    To develop, implement, and evaluate a longitudinal, simulation-based ethics and legal curriculum designed specifically for otolaryngology residents. Otolaryngology residents were recruited to participate in a yearly half-day ethical-legal module, the curriculum of which spanned 4 years. Each module included: three simulated scenarios, small-group multisource feedback, and large-group debriefings. Scenarios involved encounters with standardized patients. Residents' ethical-legal knowledge was assessed pre- and postmodule with multiple-choice questions, and ethical reasoning was assessed by a variety of evaluators during the simulated scenario using a locally developed assessment tool. Participants completed an exit survey at the end of each module. Eighteen residents completed four modules from the academic years of 2008 to 2009 to 2011 to 2012. The first year was considered a pilot module, and data were collected for the following 3 years. Knowledge of legal issues improved significantly among residents (mean at pre = 3.40 and post = 4.60, P otolaryngology-head and neck surgery residents. This educational program resulted in a both objective and subjective improvement in legal and ethics knowledge and skills. NA. Laryngoscope, 127:2501-2509, 2017. © 2017 The American Laryngological, Rhinological and Otological Society, Inc.

  1. Health care systems in Sweden and China: Legal and formal organisational aspects.

    Science.gov (United States)

    Albin, Björn; Hjelm, Katarina; Chang Zhang, Wen

    2010-06-22

    Sharing knowledge and experience internationally can provide valuable information, and comparative research can make an important contribution to knowledge about health care and cost-effective use of resources. Descriptions of the organisation of health care in different countries can be found, but no studies have specifically compared the legal and formal organisational systems in Sweden and China. To describe and compare health care in Sweden and China with regard to legislation, organisation, and finance. Literature reviews were carried out in Sweden and China to identify literature published from 1985 to 2008 using the same keywords. References in recent studies were scrutinized, national legislation and regulations and government reports were searched, and textbooks were searched manually. The health care systems in Sweden and China show dissimilarities in legislation, organisation, and finance. In Sweden there is one national law concerning health care while in China the law includes the "Hygienic Common Law" and the "Fundamental Health Law" which is under development. There is a tendency towards market-orientated solutions in both countries. Sweden has a well-developed primary health care system while the primary health care system in China is still under development and relies predominantly on hospital-based care concentrated in cities. Despite dissimilarities in health care systems, Sweden and China have similar basic assumptions, i.e. to combine managerial-organisational efficiency with the humanitarian-egalitarian goals of health care, and both strive to provide better care for all.

  2. How does the legal system respond when children with learning difficulties are victimized?

    Science.gov (United States)

    Cederborg, Ann-Christin; Lamb, Michael E

    2006-05-01

    To understand how the Swedish legal system perceives and handles mentally handicapped children who may have been victimized. Twenty-two judicial districts in Sweden provided complete files on 39 District Court cases (including the Appeals Court files on 17 of these cases) involving children with learning difficulties or other handicaps as alleged victims of abuse, threat and neglect. The children (25 girls and 14 boys) averaged 11.8 years of age when first allegedly victimized. Sexual abuse was the most frequently alleged crime (33 cases). Court transcripts, court files and expert assessments of the alleged victims' handicaps and their possible consequences were examined to elucidate the ways in which courts evaluated the credibility of the alleged victims. The children's reports of their victimization were expected to have the characteristics emphasized by proponents of Statement Reality Analysis (SRA) and Criterion Based Content Analysis (CBCA) in order to be deemed credible. Expert reports were seldom available or adequate. Because many reports were poorly written or prepared by experts who lacked the necessary skills, courts were left to rely on their own assumptions and knowledge when evaluating children's capacities and credibility. Children with learning difficulties or other handicaps were expected to provide the same sort of reports as other children. To minimize the risk that judgments may be based on inaccurate assumptions courts need to require more thorough assessments of children's limitations and their implications. Assessments by competent mental health professionals could inform and strengthen legal decision-making. A standardized procedure that included psycho-diagnostic instruments would allow courts to understand better the abilities, capacities, and behavior of specific handicapped children.

  3. [Classification of cell-based medicinal products and legal implications: An overview and an update].

    Science.gov (United States)

    Scherer, Jürgen; Flory, Egbert

    2015-11-01

    In general, cell-based medicinal products do not represent a uniform class of medicinal products, but instead comprise medicinal products with diverse regulatory classification as advanced-therapy medicinal products (ATMP), medicinal products (MP), tissue preparations, or blood products. Due to the legal and scientific consequences of the development and approval of MPs, classification should be clarified as early as possible. This paper describes the legal situation in Germany and highlights specific criteria and concepts for classification, with a focus on, but not limited to, ATMPs and non-ATMPs. Depending on the stage of product development and the specific application submitted to a competent authority, legally binding classification is done by the German Länder Authorities, Paul-Ehrlich-Institut, or European Medicines Agency. On request by the applicants, the Committee for Advanced Therapies may issue scientific recommendations for classification.

  4. A Secure System Architecture for Measuring Instruments in Legal Metrology

    Directory of Open Access Journals (Sweden)

    Daniel Peters

    2015-03-01

    Full Text Available Embedded systems show the tendency of becoming more and more connected. This fact combined with the trend towards the Internet of Things, from which measuring instruments are not immune (e.g., smart meters, lets one assume that security in measuring instruments will inevitably play an important role soon. Additionally, measuring instruments have adopted general-purpose operating systems to offer the user a broader functionality that is not necessarily restricted towards measurement alone. In this paper, a flexible software system architecture is presented that addresses these challenges within the framework of essential requirements laid down in the Measuring Instruments Directive of the European Union. This system architecture tries to eliminate the risks general-purpose operating systems have by wrapping them, together with dedicated applications, in secure sandboxes, while supervising the communication between the essential parts and the outside world.

  5. [Health system reforms, economic constraints and ethical and legal values].

    Science.gov (United States)

    Caillol, Michel; Le Coz, Pierre; Aubry, Régis; Bréchat, Pierre-Henri

    2010-01-01

    Health system and hospital reforms have led to important and on-going legislative, structural and organizational changes. Is there any logic at work within the health system and hospitals that could call into question the principle of solidarity, the secular values of ethics that govern the texts of law and ethics? In order to respond, we compared our experiences to a review of the professional and scientific literature from 1992 to 2010. Over the course of the past eighteen years, health system organization was subjected to variations and significant tensions. These variations are witnesses to a paradigm shift: although a step towards the regionalization of the health system integrating the choice of public health priorities, consultation and participatory democracy has been implemented, nevertheless the system was then re-oriented towards the trend of returning to centralization on the basis of uniting economics, technical modernization and contracting. This change of doctrine may undermine the social mission of hospitals and the principle of solidarity. Progress, the aging population and financial constraints would force policy-makers to steer the health system towards more centralized control. Hospitals, health professionals and users may feel torn within a system that tends to simplify and minimize what is becoming increasingly complex and global. Benchmarks on values, ethics and law for the hospitals, healthcare professionals and users are questioned. These are important elements to consider when the law on the reform of hospitals, patients, health care and territories and regional health agencies is implemented.

  6. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    MJM Venter

    differences between property, land rights and housing rights. Our argument is .... Instead of a theory of limited private property rights in the service of ...... democratic and constitutional principles that make up the system of law and society.

  7. Legal Aspects of a Location-Based Mobile Advertising Platform

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    Recent advances in communication and information technology, such as the increasing accuracy of GPS technology and the miniaturization of wireless communication devices pave the road for Location-Based Services. Among these services, mobile advertising is predicted to represent a high yield revenue...... stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...

  8. Social Reform Groups and the Legal System: Enforcement Problems. Discussion Paper No. 209-74.

    Science.gov (United States)

    Handler, Joel F.

    During the last two decades, there has been a great increase in the use of litigation by social reform groups. This activity has been stimulated by the hospitality of the courts to the demands of social reform groups and the availability of subsidized young, activist lawyers. The paper examines the uses of the legal system by social reform groups…

  9. ACCESS TO A COMPUTER SYSTEM. BETWEEN LEGAL PROVISIONS AND TECHNICAL REALITY

    Directory of Open Access Journals (Sweden)

    Maxim DOBRINOIU

    2016-05-01

    Full Text Available Nowadays, on a rise of cybersecurity incidents and a very complex IT&C environment, the national legal systems must adapt in order to properly address the new and modern forms of criminality in cyberspace. The illegal access to a computer system remains one of the most important cyber-related crimes due to its popularity but also from the perspective as being a door opened to computer data and sometimes a vehicle for other tech crimes. In the same time, the information society services slightly changed the IT paradigm and represent the new interface between users and systems. Is true that services rely on computer systems, but accessing services goes now beyond the simple accessing computer systems as commonly understood by most of the legislations. The article intends to explain other sides of the access related to computer systems and services, with the purpose to advance possible legal solutions to certain case scenarios.

  10. "Only God decides": young children's perceptions of divorce and the legal system.

    Science.gov (United States)

    Pruett, K D; Pruett, M K

    1999-12-01

    To describe research on perceptions of children aged 6 and younger from 21 families of their parents' divorce, of its impact on their families, and of legal officials. Semistructured play interviews were conducted during home visits as parents were conjointly interviewed as part of a larger study on divorce in legal context. Children had much mis-information about divorce as an event and process. What they did know was often inappropriate, frightening, and confusing. They resented how the process "ruined their parents' being friends any more" and proposed reforms based on their wishes and observations. Greater awareness is needed of the child's desire to be heard during the process, to feel safe and less lonely, and to stay in touch with both parents and extended families. Age-appropriate explanations of psychological and legal aspects of the divorce process are likely to support children's positive adjustment and mental health.

  11. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    NWUuser

    into general trends on a macro level.9 The principle of the unpredictability of a ... You may ask how Chaos Theory relates to family law. It is true that Chaos .... legislation recognising marriage in different religious, personal or family law systems.

  12. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    Cognisant of the significant role of the judiciary in the protection of human rights in most democracies ..... Hence the establishment of a special constitutional court to ...... justice system. It is important that judges in Zimbabwe should uphold this provision and desist from any activity that will bring shame to the profession. The.

  13. Supporting the legal Practitioner LKBS or the Web?

    NARCIS (Netherlands)

    Leenes, R.E.; Svensson, Jorgen S.

    1997-01-01

    The legal practitioner is a knowledge worker. Two distinct technologies may be of assistance to this type of professional: legal knowledge‐based system technology and Internet World Wide Web technology. In this paper we investigate the relation between legal knowledge‐based systems and the Internet.

  14. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    10332324

    the farmers it is important to receive the full market value of property that has been .... The value that property will fetch in the open market is commonly referred to as the market value. Market value as compensation norm is based on the ..... eviction and ensuring that eviction of unlawful occupiers is just, equitable and fair.

  15. A Corpus-Based Discourse Information Analysis of Chinese EFL Learners' Autonomy in Legal Case Brief Writing

    Science.gov (United States)

    Chen, Jinshi

    2017-01-01

    Legal case brief writing is pedagogically important yet insufficiently discussed for Chinese EFL learners majoring in law. Based on process genre approach and discourse information theory (DIT), the present study designs a corpus-based analytical model for Chinese EFL learners' autonomy in legal case brief writing and explores the process of case…

  16. How should a legal system of approval adequate to democracy look like. Nuclear power station licensing for example

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1986-01-01

    The concept of an administrative referendum is explained as a possibility of reshaping the current system of approval so as to make it commensurate with democratic principles. Introduction of such a concept would require only few modifications of the valid legal provisions: The licensing procedure would remain as it is, but in addition, a referendum would be made possible, on the initiative of the population, which would give the population of a Federal Land a right of decision on the political level, deciding whether a given, licensed installation is conductive to the public good. Through such an administrative referendum, the political sovereign would be given political power of control of administrative decisions, and assume responsibility, which would be legally based on Art. 20, para. II GG (Basic Law). (HSCH) [de

  17. Stalking. Part II: Victims' problems with the legal system and therapeutic considerations.

    Science.gov (United States)

    Abrams, K M; Robinson, G E

    1998-06-01

    This paper is the second of 2 parts reviewing the topic of stalking. It focuses on victims difficulties with the legal system and the psychotherapeutic tasks for victims and therapists. Computerized literature searches were used to identify relevant papers from psychiatric and legal journals. Publications by victims' and women's organizations provided additional information. Victims suffer emotional consequences from being stalked. Additional stress is caused by the legal system's lack of understanding of the causes and consequences of stalking and inadequate and unenforced laws. The treatment of victims requires a comprehensive approach, including education, supportive psychotherapy, and discussion of practical measures. Therapists may overidentify with the patient's powerlessness or hesitate to take on a case out of fear of the stalker. Female therapists may protect themselves against the realization of their own vulnerability by blaming the victim, while male therapists may feel defensive or overprotective. Stalking is a crime with major mental health consequences which is often poorly understood by society. Therapists need to be aware of the victim's emotional reactions, the types of legal and practical supports available, and the possible biases of society. Further education and research should be encouraged.

  18. The Evolution of Human Rights Protection within the EU Legal System

    OpenAIRE

    Tăbușcă Silvia

    2012-01-01

    Having in mind the EU’s policy to rebuild the democratic systems within the former Europeancommunist countries and its involvement in international actions regarding human rights enforcement, thereis no doubt about the importance of individuals rights protection in the European Union’s legal system. In thisrespect, the present paper analyzes the evolution of the principle of EU’s human rights protection. Theresearch done on the EU legislation and courts’ jurisprudence shows that there are thr...

  19. Legal Principles and Solutions to Combat Money Laundering in the International System

    OpenAIRE

    Majid Karimi

    2013-01-01

    This study focuse on combat money laundering legal principles and solutions to in the International System. As its clear Money laundering is the attempt to disguise the proceeds of illegal activity so that they appear to come from legitimate sources. Money is laundered through banking systems and credit institutions, non financial institutions and non financial economic activities. Combating money laundering phenomenon dates back to the 1980s. In 1989, Financial Action Task Force was set up t...

  20. Proceedings of the national workshop on radiation safety and the Nigerian legal system

    International Nuclear Information System (INIS)

    Mallam, S.P.; Elegba, S.B.; Maiyaki, M.C.

    1996-01-01

    This volume is the proceedings of the National Workshop on Radiation Safety and the Nigeria Legal System held at The Centre for Energy Research and Training, Ahmadu Bello University Zaria from 7 - 9 June, 1995. The Sole aim of the workshop was to encourage the Federal Government of Nigeria to promulgate the Decree on Nuclear Safety and Radiation Protection. The focal point of the workshop was the presentation of the various peaceful applications of nuclear energy in the national economy, albeit without any legal backing. Thus there were presentations from legal practitioners. Particular consideration was given to contribution from the Agency which dealt in great details with both the legal and infra structural requirements for nuclear safety and radiation protection. Presentation by the ministry of Foreign Affairs, Federal Ministry of Health and the Federal Environmental Protection Agency underscored the multi-sectoral and multi-dimensional nature of the concern. This volume contains the full text of 11 technical papers and also speeches by invited dignitaries presented at the workshop. The papers were fully discussed during the workshop. The organizing committee wishes to thank all authors for their presentation and cooperation in submitting manuscript promptly and the participants for there excellent contribution during the workshop

  1. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  2. National Interests and Common Ground in the US Immigration Debate: How to Legalize the US Immigration System and Permanently Reduce Its Undocumented Population

    Directory of Open Access Journals (Sweden)

    Donald Kerwin

    2017-04-01

    Full Text Available The conventional wisdom holds that the only point of consensus in the fractious US immigration debate is that the system is broken. Yet, the US public has consistently expressed a desire for a legal and orderly immigration system that serves compelling national interests. This paper describes how to create such a system. It focuses on the cornerstone of immigration reform,[1] the legal immigration system,[2] and addresses the widespread belief that broad reform will incentivize illegal migration and ultimately lead to another large undocumented population. The paper begins with an analysis of presidential signing statements on seminal immigration legislation over nearly a century. These statements reveal broad consensus on the interests and values that the United States seeks to advance through its immigration and refugee policies. They constitute additional common ground in the immigration debate. To serve these interests, immigration and refugee considerations must be “mainstreamed” into other policy processes. In addition, its policies will be more successful if they are seen to benefit or, at least, not to discriminate against migrant-sending states.   Not surprisingly, the US immigration system does not reflect the vast, mostly unanticipated changes in the nation and the world since Congress last meaningfully reformed this system (27 years ago and last overhauled the law (52 years ago. The paper does not detail the well-documented ways that US immigration laws fall short of serving the nation’s economic, family, humanitarian, and rule of law objectives. Nor does it propose specific changes in categories and levels of admission. Rather, it describes how a legal immigration system might be broadly structured to deliver on its promises. In particular, it makes the case that Congress should create a flexible system that serves compelling national interests, allows for real time adjustments in admission based on evidence and independent

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

    Science.gov (United States)

    Kluge, Eike-Henner W

    2003-01-01

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

  4. Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

    International Nuclear Information System (INIS)

    Iizuka, H.

    2006-01-01

    Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

  5. "Legal highs" on the net-Evaluation of UK-based Websites, products and product information.

    Science.gov (United States)

    Schmidt, Martin M; Sharma, Akhilesh; Schifano, Fabrizio; Feinmann, Charlotte

    2011-03-20

    A vast array of substances are marketed as "legal highs" in the UK. These products are mainly marketed online and are packaged and produced to mimic illicit drugs. Little is known about the full range of products available at present and no studies have evaluated the product information provided to consumers. AIMS & HYPOTHESIS: To describe the available legal high products marketed by UK-based Internet retailers and evaluate the product information provided to consumers. Websites were identified using the terms "buy legal highs+UK" and two search engines. The first 100 hits and a random sample of 5% of the remaining results were screened. Websites based in the UK were included and all products were entered on a database. Information on product name, list price, claimed effects, side effects, contraindications and interactions was extracted. A descriptive analysis was conducted using SPSS v14. 115 Websites met the inclusion criteria but due to duplicate listings this was reduced to 39 unique Websites. 1308 products were found and evaluated. The average product price was 9.69 British pounds. Products took the form of pills (46.6%), smoking material (29.7%) and single plant material/extract (18.1%). Most products claimed to be stimulants (41.7%), sedatives (32.3%), or hallucinogens (12.9%). 40.1% of products failed to list ingredients, 91.9% failed to list side effects, 81.9% failed to list contraindications and 86.3% failed to list drug interactions. Top 5 products (with active ingredients in brackets) by frequency were Salvia divinorum (Salivinorin A), Kratom (Mitragynine), Hawaiian Baby Woodrose Seeds (Lysergic Acid Amide), Fly Agaric (Ibotenic Acid, Muscimol) and Genie (JWH018, CP47497). Products marketed as "legal highs" are easily available from UK-based Internet retailers and are reasonably affordable. Safety information provided to consumers is poor. Uninformed users risk serious adverse effects. Copyright © 2010 Elsevier Ireland Ltd. All rights reserved.

  6. The Concept of Extraordinary Crime in Indonesia Legal System: is the Concept an Effective Criminal Policy?

    OpenAIRE

    Prahassacitta, Vidya

    2016-01-01

    The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two le...

  7. Legal-institutional arrangements facilitating offshore wind energy conversion systems (WECS) utilization. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Mayo, L.H.

    1977-09-01

    Concern for the continuing sufficiency of energy supplies in the U.S. has tended to direct increasing attention to unconventional sources of supply, including wind energy. Some of the more striking proposals for the utilization of wind energy relate to offshore configurations. The legal-institutional arrangements for facilitating the utilization of offshore wind energy conversion systems (WECS) are examined by positioning three program alternatives and analyzing the institutional support required for the implementation of each.

  8. Legal System as a Determinant of Economic Performance: Factual Records in Romania

    Directory of Open Access Journals (Sweden)

    Clipa Raluca Irina

    2012-05-01

    Full Text Available The role of the legal system in generating economic performance is enjoying increased attention inliterature. Our scientific endeavour tries to underline, from an original perspective, the incoherence whichcharacterises the Romanian law and judicial system; at the same time, it also offers a few solutions meant torestore and reconsider the role of public institutions in the legislative and judicial process. Considering thefacts presented in our study, the existence of efficient legal institutions, who enforce contracts ex post whileusing the judicial infrastructure (courts and judicial procedures, is more than critical for the formation of anagreement of will between contracting parties, thus generating economic performance for privateorganisations by reducing transaction costs and by limiting the opportunism of economic agents. Equity,predictability, transparency and reduced costs are advantages deriving from the legal enforcement ofcontracts, which stimulate competition and trade, while reducing the risks associated with different types oftransactions. Thus, it is necessary to implement an anti-corruption policy, to enhance the predictability of thelaw-making process, to reconsider and restore the attributions of institutions involved in the Romanianlegislative and judiciary process, in order to promote proper civil and commercial judicial procedures,together with the analysis of the possibility to acknowledge jurisprudence as a source of law.

  9. 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.

  10. The Concept of Extraordinary Crime in Indonesia Legal System: is The Concept An Effective Criminal Policy?

    Directory of Open Access Journals (Sweden)

    Vidya Prahassacitta

    2016-10-01

    Full Text Available The concept of extraordinary crime was a common concept in Indonesia. Adopts from the concept of the most serious crime in Rome Statute and adjusted with the Indonesian legal system. Then it developed wider and introduced into terrorism, corruption, drug abuse offenses, and child sexual abuse in legislations and Constitutional Court verdicts. The implementation of this concept generated some consequences in drafting and formulating the legislation as part of penal policy. This leads to two legal problems; first, what was the categorization of the concept of extraordinary crime? and second, what were the consequences of the concept extraordinary crime in accordance with penal policy?. Normative law research with literature study method, This was a conducted as the response of both legal problems. Using secondary data from legislation, Constitutional Court verdicts, book and journal, this research concludes that; the concept of extraordinary crime parts of criminal policy does not have any standard for the categorization. Then, as consequences of the implementation of the concept of extraordinary crime in several penal efforts are formulating in legislations. The penalty effort is not limited to criminalization and sentencing aspects but wider and shall be in line with the strategy of crime eradication and welfare protection purposes. To reach the effectiveness of the criminal policy of the concept of extraordinary crime, the penalty effort shall be in line with criminal law principles and human right basic principles.

  11. Information Systems Development Contracts: an exploratory study of Australian legal practitioners' and Information Systems professionals' perceptions

    Directory of Open Access Journals (Sweden)

    Phil Joyce

    2003-05-01

    Full Text Available IS professionals are primarily concerned with the development of a project to meet the goals of a client. Unfortunately, IS professional do not always pay close attention to the contract or to its management and are often unaware of the legal implications of the contracts to which they are assenting. Legal advice can be sought during pre-contractual processes to help ensure that the contract meets the expectations of all the parties. If the project does not meet stakeholder’s expectations, thus causing a contract to come into dispute, lawyers may be called in to review the contract and to seek a settlement. This paper reports an exploratory study of the differences in perceptions of IS development contracts that exist between IS professionals and legal practitioners.

  12. The Legal Case

    NARCIS (Netherlands)

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

    2013-01-01

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

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

    Science.gov (United States)

    Pruett, M K; Jackson, T D

    2001-01-01

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

  14. The remote monitoring systems LOVER and RECOVER for international safeguards technical, economic and legal aspects

    International Nuclear Information System (INIS)

    Lauppe, W.D.; Stein, G.; Rezniczek, A.; Stienen, U.

    1983-12-01

    The electronic remote monitoring systems RECOVER and LOVER were developed to comply with the IAEA's tasks concerning international nuclear materials safeguards with the aim of reducing the inspection expenditure and enhancing control effectiveness. The present study on the technical, economic and legal aspects of an application of these systems is intended to show possible implications and provide argumentation aids for discussions on the application of these systems. RECOVER and LOVER offer the possibility of establishing a direct communication path between containment and surveillance system (c/s), instruments at the site of application and a central monitoring station. The demonstration versions of both systems have shown that remote interrogation of data under safeguards-specific boundary conditions (e.g. requirement of tamper safety) will be technically feasible. (orig./HP)

  15. The ability of criminal law to produce gender equality: judicial discourses in the Swedish criminal legal system.

    Science.gov (United States)

    Burman, Monica

    2010-02-01

    The main aim of the Swedish Women's Peace reform in 1998 was to enhance criminal legal protection for women exposed to violence in heterosexual relationships and to promote gender equality. However, these ambitions risk being contravened in a masculinist criminal legal system. One problem concerns how the victim is constructed in criminal legal cases. The author argues that moral balancing and discourses of responsibility and guilt in Swedish cases constrain the agency possible for women and suggest that a more comprehensive policy in Sweden must be developed to include violent men, their agency, and their responsibility for the violence.

  16. A Story of Three Bank-Regulatory Legal Systems: Contract, Financial Management Regulation and Fiduciary Law

    Directory of Open Access Journals (Sweden)

    Tamar Frankel

    2016-08-01

    Full Text Available How should banks be regulated to avoid their failure? Banks must control the risks they take with depositors' money. If depositors lose their trust in their banks, and demand their money, the banks will fail. This article describes three legal bank regulatory systems: Contract with depositors (U.S.; a mix of contract and trust law, but going towards trust (Japan and a full trust-fiduciary law regulating banks (Israel. The article concludes that bank regulation, which limits the banks' risks and conflicts of interest, helps create trustworthy banks that serve their country best.

  17. Human factors engineering applications in the testing of the legal weight truck cask transportation system

    International Nuclear Information System (INIS)

    Smith, T.C.; Peck, M. III; Sealock, R.A.

    1994-01-01

    The Department of Energy's Office of Civilian Radioactive Waste Management (OCRWM) will collect performance data to be used in limited human factors engineering analysis of the light weight tractor as a component of the legal weight truck cask transport system. The Management and Operating contractor will provide an analysis and comparison of limited data on driver behavior and subjective driver evaluations of the light weight tractor performance versus that of a heavier baseline tractor. A significant difference in performance data would suggest that given tractor configurations affect driver behavior differently

  18. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Mariya Riekkinen

    2016-01-01

    Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

  19. The system of legal regulations and supervisory powers in the German Atomic Energy Law

    International Nuclear Information System (INIS)

    Weber, K.H.

    1984-01-01

    The first part of the book deals with the practical implementation of the legal provisions governing examination and subsequent licensing and judicial restraint, and the effects of actual practice on the energy industry, for the purpose of showing the chain of cause and effect of the frequently lamented delays in the further utilisation of nuclear energy, and of analysing the role of the administrative courts in the process, pointing to the explosiveness in terms of economics of this issue. The second part analyses the risk assessments from the legal and technical point of view in order to ascertain whether the findings of risk assessments are suitable to serve as scale models for decisions to be taken by the courts. The third part is a critical evaluation of the numerous attempts to incorporate the general doctrine of discretionary power into the system of atomic energy law in a way conformable with the existing system. This analysis resulting in the statement that the attempts have failed so far, the fourth part of the book discusses the necessity to look for other solutions, among other things by critically screening the dogma of discretionary power. The author comes to the conclusion that judicial restraint is to be cut back in the licensing procedure, however not to the extent that control over the authorities is abandoned altogether, but rather in such a way that the power of administrative courts does not develop into judgments executing the law. It is to be avoided that licensing procedures for nuclear power plants degenerate into 'administrative procedures preceded by administrative procedures'. This may not be confounded with giving up all possibilities of legal protection. (orig./HSCH) [de

  20. IMPACTS OF TIMBER LEGALITY VERIFICATION SYSTEM IMPLEMENTATION ON THE SUSTAINABILITY OF TIMBER INDUSTRY AND PRIVATE FOREST

    Directory of Open Access Journals (Sweden)

    Elvida Yosefi Suryandari

    2017-04-01

    Full Text Available International market requires producers to proof the legality of their wood products to address the issues of illegal logging and illegal trade. Timber Legality Verification System (TLVS has been prepared by the Government of Indonesia that covering the upstream and downstream wood industries. This paper aims to evaluate gaps in the implementation of TLVS policy and its impact on the sustainability of timber industry. This study was using gap, descriptive and costs-structure analyzes. The study was conducted in three provinces, namely: DKI Jakarta, West Java and D.I. Yogyakarta. Research found that the effectiveness of the TLVS implementation was low due to relatively rapid policy changes. This situation became disincetive for investments in timber business. Private sector perceived that TLVS policy should be applied in the upstream of timber business. Hence, the industry and market in the downstream have not been fully support to this system. Furthermore, TLVS policy implementation was considered ineffective by timber industry as well as private forest managers, especially by micro industry and smallholder private forests. This situation threatened the sustainability of timber industry and private forests. Therefore, Institutions should be strengthened in order to improve the quality of human resources and the competitiveness of products.

  1. Labeling and the effect of adolescent legal system involvement on adult outcomes for foster youth aging out of care.

    Science.gov (United States)

    Lee, JoAnn S; Courtney, Mark E; Harachi, Tracy W; Tajima, Emiko A

    2015-09-01

    This study uses labeling theory to examine the role that adolescent legal system involvement may play in initiating a process of social exclusion, leading to higher levels of adult criminal activities among foster youth who have aged out of care. We used data from the Midwest Evaluation of the Adult Functioning of Former Foster Youth (Midwest Study), a prospective study that sampled 732 youth from Illinois, Iowa, and Wisconsin as they were preparing to leave the foster care system at ages 17 or 18. The youth were interviewed again at ages 19, 21, and 23 or 24. We used structural equation modeling to examine pathways to self-reported adult criminal behaviors from juvenile legal system involvement. The path model indicated that legal system involvement as a juvenile was associated with a lower likelihood of having a high school diploma at age 19, which was associated with a reduced likelihood of employment and increased criminal activities at age 21. Legal system involvement is more common among foster youth aging out of care, and this legal system involvement appears to contribute to a process of social exclusion by excluding former foster youth from conventional opportunities. (c) 2015 APA, all rights reserved).

  2. Citizenship and Combating Corruption Proposals Extrapenais of Brazilian Legal System Improvement

    Directory of Open Access Journals (Sweden)

    Eduardo Augusto Salomão Cambi

    2016-05-01

    Full Text Available Corruption is one of the serious Brazilian problems. The embezzlement of public funds prevents the realization of fundamental social rights and delays national develop- ment prevent inhibiting the real access to citizenship. Brazil needs to face the paradox of being the eighth world’s largest economy, and having low human development indexes. Social justice does not coexist with impunity. Public funds, paid by taxpayers, sidetracked by corruption schemes, fail to reach the investments in the enlargement of public health, education, security and infrastructure. Moreover, the opportunity of corruption increases corruption when there is impunity. To reduce corruption levels in Brazil, it is urgent to think about legal system improvement alternatives, a task which is also entrusted to the academy. Although positive law does not change social reality, the lack of appropriate legal mechanisms prevents the equating of part of the Brazilian’s society problems, such as corruption. In the extrapenal sphere, beginning with constitutional law, it is important to emphasize the need to improve issues such as the strengthening of internal and external controls, reforming constitutional institutions, such as the Courts of Auditors. In addi- tion, the enlargement of transparency and social control of the prosecution performance in infra constitutional sphere requires fundamental legislative reforms, in order to provide for the realization of the human rights enshrined in the 1988 Constitution.

  3. Integration of marine transport into the European Emissions Trading System. Environmental, economic and legal analysis of different options

    Energy Technology Data Exchange (ETDEWEB)

    Baeuerle, Tim [Rechtsanwaelte Zimmermann - Gretz - Trautmann - Baeuerle, Heidelberg (Germany); Graichen, Jakob; Meyer, Kristin; Seum, Stefan [Oeko-Institut e.V., Berlin (Germany); Kulessa, Margareta [Mainz Univ. of Applied Sciences (Germany); Oschinski, Matthias

    2010-05-15

    Marine vessels globally contribute to carbon dioxide emissions with approximately 3.3% (IMO 2009). Interna-tional ocean shipping has been growing significantly over recent years. To date international marine emissions are not part of the Kyoto obligations and the member states at IMO have not implemented instruments that would have limited or reduced the amount of greenhouse gas emissions from ships. The European Union has announced that if no international agreement including reduction targets for seaborne emissions has been approved by the UNFCCC by December 31, 2011, the EC is tasked to submit a proposal for including international marine transport in Euro-pean reduction targets and policy measures. An inclusion of international marine transport in the European Emis-sions Trading Scheme (EU ETS) is a likely scenario. The study investigates three options for integrating international ocean shipping into the EU ETS based on: a last period; the last distance travelled and the distance the cargo has travelled. Basing the system on a last period is superior to basing it on last trip or cargo in terms of environmental effectiveness. However, the system would cover vessel activities in international waters, even potentially between two non-European ports, and thus the legal feasi-bility of this challenge is discussed. Another element of the study is the analysis of the economic effects of the inte-gration of international seaborne greenhouse gas emissions into the EU ETS. Overall it can be concluded that the integration of international ocean shipping into the EU ETS is a legally and technically feasible option with no significantly negative or even beneficial economic effects. The extension to vessel activity in international waters secures adequate coverage and environmental effectiveness. This extension to vessel activity in international waters is not only a prerequisite for adequate emissions coverage, but is also associated with the least legal obstacles, is

  4. A Legal Reasoning Component of a Network Security Command and Control System

    Science.gov (United States)

    2010-03-01

    United States Code VA Vulnerability Assessment VLC Virtual Legal Cell xv ACKNOWLEDGMENTS The authors would like to humbly thank Professor Bret...cyberspace environment. In this thesis, the authors address the information warrior’s challenge of obtaining just-in-time legal advice. They...PROPOSED VIRTUAL DYNAMIC LEGAL CELL One of the challenges in cyberspace is to define and detect a hostile act or the use of force. Another major

  5. The impact of decisions the european court of human rights on the legal system of Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Сидоренко

    2015-11-01

    Full Text Available The article describes the identifying areas of influence of the European Court on the legal system of Ukraine, as well as the enforcement mechanism of decisions. Analyzes the problems that affect the designated question and points of view of different scholars and practitioners. In Europe there are different documents – convention covenants, charters that provide and ensure the inclusion of a special protection mechanism in case of violation of human rights. These documents Convention on Human Rights and Fundamental Freedoms (Rome, 1950, hereinafter - the Convention, which provides the most effective and real protection mechanism for human rights. Convention not only proclaimed fundamental human rights, but also created a special mechanism to protect them. The key to this mechanism is the European Court of Human Rights. European Court of Human Rights (hereinafter - the Court located in Strasbourg, France. Its jurisdiction extends to forty-seven European states that are members of the Council of Europe and signatories. Article 9 of the Constitution of Ukraine clearly states that international treaties, ratified by the Verkhovna Rada of Ukraine are part of the national legislation of Ukraine. The Court can not apply the law that governs the legal relationship in question, other than an international agreement. However, international agreements apply if they do not contradict the Constitution of Ukraine. Urgency of the problem by the growth requirements of the rule of law in the judiciary, increasing legal awareness of citizens and their activity to protect their rights and freedoms, the presence of non judicial legislation with international legal acts. Procedural legislation of Ukraine in many aspects not harmonized not only in line with the decisions of the European Court, but also to the current constitution. Ukraine ratified the Convention for the Protection of Human Rights and Fundamental Freedoms July 17, 1997. Since then, the citizens of

  6. Usury Effect on the Economy in Jurisprudence and Iranian Legal System

    Directory of Open Access Journals (Sweden)

    A. Khorshidian

    2017-06-01

    Full Text Available In Islamic economics, the subject of usury, as one of the pillars of the economy is crucial, which can affect, for direct and indirect economic performance of Islamic countries. This study was conducted with the aim of studying and analyzing the problem of usury, in jurisprudence, law, and economics. In this study, we examined the concept of usury, economics, law, and jurisprudence, and then according to importance, based on the destructive effects of usury, the economic health of the community, this issue has been dealt with. In addition, the study is usury, the legal landscape, and patterns of usury-free banking is also described. The research is theoretical and library research was used to collect information, library resources, articles, books, fundamental research, the authoritative publications, conferences and the internet. The findings of this study, suggestions are presented, with a focus on ways out of usury, and also implement banking without usury.

  7. The Bald and Golden Eagle Protection Act, species-based legal ...

    African Journals Online (AJOL)

    The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to ...

  8. Legalization of Cannabis in the USA : A System Dynamics Approach to Drug Policy

    NARCIS (Netherlands)

    Van Staveren, R.; Thompson, A.W.

    2013-01-01

    Colorado and Washington State have made history by approving measures to make marijuana sale and use legal for people over the age of 21, in direct opposition to federal law. While there is a sizable discussion of the actual repercussions that legal marijuana would entail, no one knows what will

  9. FINANCIAL SYSTEM OF JAPAN: THE LEGAL REGULATION OF DISPUTES BETWEEN FINANCIAL SERVICES PROVIDERS AND CONSUMERS

    Directory of Open Access Journals (Sweden)

    E. E. Frolova

    2018-01-01

    Full Text Available Purpose: the article examines the main problems associated the regulatory acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The  Insurance Business Act, lists the types of financial disputes subject to alternative settlement, identified the parties to the financial dispute. To achieve this goal, the article must solve the following tasks: to determine whether there are institutions in Japan that provide services for resolving financial disputes; to investigate the main problems associated with the definition of the concept and types of financial dispute, the conditions for the transfer of a financial dispute to the competent authority.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: acts of Japan – The Financial Instruments and Exchange Act, The Banking Act, The Insurance Business Act, – refer to financial disputes – disputes resolved by "Designated Dispute Resolution Organizations", the so-called "financial DDRO". Financial disputes are disputes between suppliers and consumers of financial services. The Financial Instruments and Exchange Act details the persons, whose activities fall within the definition of financial provider services. A brief list of financial service providers is available on the website of Japan's main financial regulator, the Financial Services Agency. The list include: Japanese banking institutions, branches and representative offices of foreign banks, business operators of financial instruments, insurance companies, trust companies, financial markets, foreign audit firms. However, unlike other countries of the Asia-Pacific region, consumers of financial services can be both physical and legal entities.Conclusions and Relevance: the materials presented in the article show the special role of "Designated Dispute Resolution

  10. Keeping Kids Safe from a Design Perspective: Ethical and Legal Guidelines for Designing a Video-Based App for Children

    Science.gov (United States)

    Zydney, Janet Mannheimer; Hooper, Simon

    2015-01-01

    Educators can use video to gain invaluable information about their students. A concern is that collecting videos online can create an increased security risk for children. The purpose of this article is to provide ethical and legal guidelines for designing video-based apps for mobile devices and the web. By reviewing the literature, law, and code…

  11. Strategic urban projects in Amsterdam and New York : Incomplete contracts and good faith in different legal systems

    NARCIS (Netherlands)

    Van der Veen, M.; Korthals Altes, W.K.

    2009-01-01

    Contracts between local government and private investment agencies play an important role in strategic urban projects. Real estate cycles provide only a narrow window of opportunity within which to draft such contracts. A legal system should therefore not impede the possibility of reaching an

  12. 76 FR 72428 - Privacy Act of 1974; Department of Homeland Security/ALL-017 General Legal Records System of Records

    Science.gov (United States)

    2011-11-23

    ... http://www.regulations.gov . FOR FURTHER INFORMATION CONTACT: For general questions and privacy issues... DEPARTMENT OF HOMELAND SECURITY Office of the Secretary [Docket No. DHS-2011-0094] Privacy Act of 1974; Department of Homeland Security/ALL--017 General Legal Records System of Records AGENCY: Privacy...

  13. Dementia and legal competency.

    Science.gov (United States)

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

    2011-06-01

    execution, language difficulties, loosing perception of time and space, changes in mood and behaviour, personality alterations, loss of interests and initiative). Towards more accurate determination of legal competency the psychometric tests are being used. The appliance of these tests must be guided with basic question during evaluation: "For what is or is not he/she capable?" In prediction of possible dementia development, the modern diagnostic procedures are used as help for potentially demented individuals in order to plan own affairs and by oneself determine future guardian. This ensures the maximal respect and protection of rights among persons with dementia in order to independently manage life one step ahead of progressive illness. Finally, it is to be distinguished medical concept of legal capacity which is universal and judicial concept which is restricted by rules of national legal system differing from country to country.

  14. Psychotropics without borders: ethics and legal implications of internet-based access to psychiatric medications.

    Science.gov (United States)

    Klein, Carolina A

    2011-01-01

    Medical practitioners are revisiting many of the ethics and the legal implications surrounding the clinical frameworks within which we operate. In today's world, distinguishing between virtual and physical reality continues to be increasingly difficult. The physician may be found grappling with the decision of whether to continue to treat a patient who may be obtaining psychotropic medications through the Internet. This article approaches some of the clinical and legal implications and the ethics regarding the availability of prescription psychotropics over the Internet.

  15. Legal and organisational innovation in the Italian pharmacy system: commercial vs public interest.

    Science.gov (United States)

    Santuari, Alceste

    2017-10-01

    Pharmacy services are undoubtedly an important part of primary care. Pharmacists are entrepreneurs and simultaneously they are entrusted with a public mission in the health care sector. Pharmacies then reflect a contrast between a commercial/economic objective and public interest, which is to be identified with citizens' universal right to health care services. This is the reason why in Italy, as in many other EU countries, pharmacies supply their services according to a prior authorisation granted by public authorities. In common with many EU countries, this authorisation is secured according to a demographic criterion. It is only by means of these licensed pharmacies that citizens can buy drugs under medical prescription. Accordingly, the health system is to be driven by public interest, which has yet to prove how competing interests may be regulated in serving health needs. In the light of EU law, the article advocates for an innovative legal and organisational tool whereby to organise the Italian pharmacy system in order to combine economic consideration and public benefit.

  16. [Cannabis: Effects in the Central Nervous System. Therapeutic, societal and legal consequences].

    Science.gov (United States)

    Rivera-Olmos, Víctor Manuel; Parra-Bernal, Marisela C

    2016-01-01

    The consumption of marijuana extracted from Cannabis sativa and indica plants involves an important cultural impact in Mexico. Their psychological stimulatory effect is widely recognized; their biochemical and molecular components interact with CB1 and CB2 (endocannabinoid system) receptors in various central nervous system structures (CNS) and immune cells. The psychoactive element Δ-9-tetrahydrocannabinol (THC) can be reproduced synthetically. Systematic reviews show evidence of therapeutic effectiveness of therapeutic marijuana only for certain symptoms of multiple sclerosis (spasticity, spasms and pain), despite attempts for its widespread use, including refractory childhood epilepsy. Evidence indicates significant adverse effects of smoked marijuana on the structure, functioning and brain connectivity. Cannabis exposure during pregnancy affects fetal brain development, potentially leading to later behavioral problems in children. Neuropsychological tests and advanced imaging techniques show involvement in the learning process in adolescents with substance use. Also, marijuana increases the cognitive impairment in patients with multiple sclerosis. Social and ethical consequences to legally free marijuana for recreational use may be deleterious transcendentally. The medicinal or psychoactive cannabinol no addictive effect requires controlled proven efficacy and safety before regulatory approval studies.

  17. Legal Design of Domestic Workers Protection Based on Gorontalo Community Local Culture

    Science.gov (United States)

    Cherawaty Thalib, Mutia

    2018-05-01

    This study was conducted with an empirical juridical approach. The juridical approach was done by identifying community norms and legal policy related to the domestic workers existence, while the empirical approach was done by observing social phenomenon of housemaid and local culture that underlies the working relationship between employer and domestic workers (housemaid). In-depth interviews and group discussions were done to obtain the data. The result shows that the domestic workers existence in Gorontalo cannot be relied upon the domestic service market because it is increasingly eroded by socio-cultural changes that evolve in the rapid rise society awareness of human rights and technological development. Huyula’s culture values, timoa, ambu, bilohe, and tolianga remain as survival strategies for some domestic workers who last longer with their work. For new domestic workers, the bargaining position is increasingly high with the poor quality of work. Some of the rural workers who still hold the principle of “dila biasa” (uncustomary principle), moomu (unwilling), moolito / moqolito (shame), affect their resilience in working as domestic workers. On the other hand, domestic work relations as a social institution is not supported by strong instruments like the government. Consequently, it needs an integrated thinking and step by step designing of the form of protection for domestic workers based on the local culture values of Gorontalo people.

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

    Science.gov (United States)

    Engel, Albert M

    2014-01-01

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

  19. 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.

  20. Legal Elements For Nuclear Security: Egyptian Nuclear Law As A Case Study

    International Nuclear Information System (INIS)

    Ali, A.M.

    2013-01-01

    This paper deals with the legal bases for nuclear security. First, It analysis the international legal framework for nuclear security. Second, it analysis the legal bases for the import-export control. The legal aspects related with illicit trafficking (IT) were also reviewed. Third, It deals with the Egyptian nuclear law no. 7 and its executive regulation. The Egyptian legal regime for nuclear security and the role of State System for Accounting and Control of Nuclear Materials (SSAC) in realizing the nuclear security were also discussed. The purpose of the paper is to evaluate the Egyptian legal framework for nuclear security.

  1. The relationship dynamics between legal positivism and the divisions of law, analyzed from a systemic perspective

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2016-12-01

    Full Text Available This article is studying the dynamics of the relationship between legal positivism and the two divisions of law, respectively private law and public law. Legal positivism, envisions concepts of human intervention in the creation and application of the law, and so it finds application in both public law and private law. However, in private law, there are several principles which can be deduced from the doctrine of natural law, such as substitution, reversibility and others. To the contrary, in public law, legal positivism is all present, manifesting itself in all its branches. It is not, however, an exclusive presence, because there is a balance between natural law and legal positivism in each of the divisions of law. The two orientations of law, namely natural law and legal positivism coexist in each of the divisions and branches of the law, but with a different structure, dynamic or static, depending on specific branches of law. This paper presents in an analytical manner, the static and dynamic manifestations of legal positivism within the framework of the two divisions of law, namely private law and public law.

  2. Ethico-legal aspects of hospital-based blood transfusion practice; implications of professional negligence to medical practitioners: a review

    OpenAIRE

    Orkuma J.A; Ayia O.N.

    2014-01-01

    Background: Blood transfusion is predominantly a hospital-based practice in many resourceconstrained economies like Nigeria, wherein the sourcing, storage, processing and clinical use of blood and blood products resides in the often financial and manpower constrained hospitals. Aim: To identify the ethical and legal issues related to hospital-based blood transfusion practice for medical practitioner. Methods: Relevant articles retrieved via PubMed/MEDLINE and Google scholar search...

  3. Adolescent sexual assault victims and the legal system: building community relationships to improve prosecution rates.

    Science.gov (United States)

    Campbell, Rebecca; Greeson, Megan R; Bybee, Deborah; Fehler-Cabral, Giannina

    2012-09-01

    Adolescents are at high risk for sexual assault, but few of these crimes are reported to the police and prosecuted by the criminal justice system. To address this problem, communities throughout the United States have implemented multidisciplinary interventions to improve post-assault care for victims and increase prosecution rates. The two most commonly implemented interventions are Sexual Assault Nurse Examiner (SANE) Programs and Sexual Assault Response Teams (SARTs). The purpose of this study was to determine whether community-level context (i.e., stakeholder engagement and collaboration) was predictive of adolescent legal case outcomes, after accounting for "standard" factors that affect prosecution success (i.e., victim, assault, and evidence characteristics). Overall, 40% of the adolescent cases from these two SANE-SART programs (over a 10-year period) were successfully prosecuted. Cases were more likely to be prosecuted for younger victims, those with disabilities, those who knew their offenders, and instances in which the rape evidence collection kit was submitted by police for analysis. After accounting for these influences, multi-level modeling results revealed that in one site decreased allocation of community resources to adolescent sexual assault cases had a significant negative effect on prosecution case outcomes. Results are explained in terms of Wolff's (Am J Community Psychol 29:173-191, 2001) concept of "over-coalitioned" communities and Kelly's (1968) ecological principles.

  4. Low-capacity wind power systems. Technology, legal aspects, economic efficiency; Kleine Windenergieanlagen. Technik - Recht - Wirtschaftlichkeit

    Energy Technology Data Exchange (ETDEWEB)

    Eggersgluess, Walter [Landwirtschaftskammer Schleswig-Holstein, Rendsburg (Germany); Eckel, Henning; Hartmann, Stefan [Kuratorium fuer Technik und Bauwesen in der Landwirtschaft e.V. (KTBL), Darmstadt (Germany)

    2012-07-01

    In what conditions will investments in a low-capacity wind power plant be profitable? This leaflet intends to provide a decision aid for farmers and other land owners interested in thes subject. It outlines the technology of low-capacity wind power systems, goes into site selection, expected yields and legal boundary conditions. The most important economic data are defined, and the economic efficiency of wind power plants of 7.5 to 25 kW is discussed. The text is supplemented by useful internet links. [German] Unter welchen Bedingungen rechnet sich die Investition in eine kleine Windenergieanlage? Das Heft hilft Landwirten sowie allen anderen investitionswilligen Grundstueckseigentuemern fuer sich Antworten auf diese Fragen zu finden und die richtigen Entscheidungen zu treffen. Es gibt einen Ueberblick ueber die Technik kleiner Windenergieanlagen, beschreibt was den richtigen Standort auszeichnet, mit welchen Energieertraegen gerechnet werden kann und welchen rechtlichen Rahmenbedingungen Bau und Betrieb der Anlagen unterliegen. Die wichtigsten wirtschaftlichen Kenngroessen werden definiert und die Wirtschaftlichkeit kleiner Windenergieanlagen anhand von Beispielanlagen im Leistungsbereich von 7,5 bis 25 kW diskutiert. Nuetzliche Internetadressen zum Thema Windenergie runden das Informationsangebot ab.

  5. 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

  6. Shortcomings of existing systems for registration and legal protection of software products and possible ways to overcome them

    Science.gov (United States)

    Liapidevskiy, A. V.; Petrov, A. S.; Zhmud, V. A.; Sherubneva, I. G.

    2018-05-01

    The paper reveals the shortcomings of the existing system of registration and legal protection of software products. The system has too many disadvantages and shortcomings. Explanatory examples are given. Possible ways of overcoming these shortcomings are discussed. The paper also gives possible prospects for the use of new digital technologies. Also in the paper, the information is provided about the modern software components for protecting intellectual property rights of State corporations

  7. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  8. Ulysses arrangements in psychiatric treatment: towards proposals for their use based on 'sharing' legal capacity.

    Science.gov (United States)

    Bielby, Phil

    2014-06-01

    A 'Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on 'competence-insensitive' UAs, which raise the question of the permissibility of overriding the patient's subsequent decisionally competent change of mind on the authority of the patient's own prior agreement. In "The Ethical Justification for Ulysses Arrangements", I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In "Decisional Competence and Legal Capacity in UAs", I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in "Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs", I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research.

  9. 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.

  10. Gender-Based Pay Disparities in Intercollegiate Coaching: The Legal Issues.

    Science.gov (United States)

    Gaal, John; Glazier, Michael S.; Evans, Thomas S.

    2002-01-01

    Explores the legal issues surrounding pay disparities between men and women in intercollegiate coaching, including how courts have treated disparate wage claims under the Equal Pay Act, Title VII of the Civil Rights Act of 1964, and Title IX, and the defenses used by institutions. Offers suggestions for defending claims and a detailed review of…

  11. Power and control in the legal system: from marriage/relationship to divorce and custody.

    Science.gov (United States)

    Watson, Laurel B; Ancis, Julie R

    2013-02-01

    The purpose of this study was to examine the ways in which abuse that occurred during marriage/relationship continued within divorce and custody-related legal proceedings. Twenty-seven women participated in semistructured interviews. Interviews were analyzed utilizing a grounded theory approach in order to inductively arrive at a theory explaining how abuse dynamics may continue during legal proceedings. Participants identified child support litigation, custody and visitation battles, intimidation/harassment, deliberately prolonging the case, manipulating finances, and distortions of information as methods by which their exes sought to maintain power and control. Counseling implications are described.

  12. AGILE: a methodology for Advanced Governance of Information services through Legal Engineering

    NARCIS (Netherlands)

    Boer, A.; Sileno, G.

    2013-01-01

    To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge

  13. Privacy in pervasive systems : legal framework and regulatory challenges (Chapter 12)

    NARCIS (Netherlands)

    Liotta, A.; Liotta, A.; Malatras, A.

    2011-01-01

    Data protection legislation has developed in a digital communication context that is changing dramatically. Infrastructure-based, networked systems are increasingly interconnecting and interoperating with infrastructure-less or even spontaneous networks, which are important elements of pervasive

  14. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

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

  15. Participation of Second Language and Second Dialect Speakers in the Legal System.

    Science.gov (United States)

    Eades, Diana

    2003-01-01

    Overviews current theory and practice and research on second language and second dialect speakers and the language of the law. Suggests most of the studies on the topic have analyzed language in courtrooms, where access to data is much easier than in other legal settings, such as police interviews, mediation sessions, or lawyer-client interviews.…

  16. www.mydrugdealer.com: Ethics and legal implications of Internet-based access to substances of abuse.

    Science.gov (United States)

    Klein, Carolina A; Kandel, Surendra

    2011-01-01

    The Internet has increasingly become an intrinsic part of everyday life, offering countless possibilities for education, services, recreation, and more. In fact, an entire virtual life within the digitalized World Wide Web is possible and common among many Internet users. Today's psychiatrists must therefore incorporate this dimension of human life into clinical practice, to achieve an adequate assessment of the tools and risks available to the patient. We focus on the Internet as a portal for the trade of and access to substances of abuse. We review the legal regulations that may inform care and standards of practice and analyze the difficulties that arise in assessment and monitoring of the current situation. We consider the potential impact of Internet-based narcotics trade on addiction morbidities and the practice of clinical psychiatry, as well as on the potential legal implications that the forensic expert may face.

  17. AN ANALYSIS OF THE ROLE OF ECONOMIC ACTORS IN THE WTO DISPUTE SETTLEMENT SYSTEM: LEGAL OR POLITICAL ISSUE?

    Directory of Open Access Journals (Sweden)

    Intan Soeparna

    2015-10-01

    Full Text Available Economic actors are the main trade player in the World Trade Organization, although, the relation between WTO and economic actor is built by trade regulation that is negotiated among the WTO Members. Nothing in the WTO regulates economic actors to involve directly in the WTO, especially in the WTO dispute settlement system. Nevertheless, the debate amongst experts regarding the involvement of economic actors in the WTO dispute settlement system is unavoidable. This article therefore discusses the possibility of the involvement of economic actors in the WTO dispute settlement system, whether there is legal and political point of views

  18. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

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

  19. A Study of Legal Manpower Demand and Supply in Pennsylvania.

    Science.gov (United States)

    Durkee, Frank M.

    This study was directed toward an examination of the legal manpower system and its response to needs in Pennsylvania. Information based on surveys is presented on: (1) lawyer-population ratios by counties, lawyer-area ratios by counties, and lawyer ratios to population and area in the State; (2) legal manpower demand in terms of correlations…

  20. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  1. Removing Legal Barriers around Work-Based Learning. Connecting the Classroom to Careers: The State's Role in Work-Based Learning

    Science.gov (United States)

    Advance CTE: State Leaders Connecting Learning to Work, 2016

    2016-01-01

    This report, the second installment in Advance CTE's "Connecting the Classroom to Careers," series, explores an issue that is often a stumbling block for K-12 work-based learning--ensuring these experiences are safe and legal for students. This report features New Jersey, Kentucky and California and their approaches to dismantling…

  2. Nuclear industry and legal security - some remarks on the restrictive effects on legal protection and participation of the public in the nuclear system

    International Nuclear Information System (INIS)

    Baumann, W.

    1989-01-01

    The state is on dangerous ground with the development that can be observed in the legal field, allowing legal protection against large-scale technology and projects, particularly in the nuclear sector, to be gradually cut back. This impression is shown to be true first of all in relation to legislation which reduced legal protection through the instrument of judicial review, for protection of life and health from technological hazards, to the functions of a trial court, and this for reasons of opportunistic and short-term political interests. Decisions of the Federal Administrative Court in nuclear law matters have been neglecting the principle of legal protection to an extent that the legitimation quality of decisions in this field of law has been diminishing more than can be expected at first sight, looking at the restrictions. The public has come to realise that the courts content themselves with reviewing only a small part of the case and close their eyes to the concerns of the public, which in turn loses trust in the sincerity of judicial proceedings and the correctness of court decisions. The citizen will turn to other ways and means in order to come into his own. This is a dangerous development in a constitutional state, and must be prevented. (orig./HSCH) [de

  3. The Legal System and Alzheimer's Disease: Social Workers and Lawyers' Perceptions and Experiences.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2016-01-01

    The expected increase in the number of people living with Alzheimer's disease (AD) worldwide will be accompanied by an increase in the number of cases involving persons with AD brought up to the courts. This study examined the perceptions and experiences of social workers and lawyers regarding these cases. Three focus groups including social workers and lawyers (n = 26) were conducted. Two main themes were raised by the participants: (a) the role of social workers and lawyers in court cases regarding AD, and (b) the need for improving legal encounters involving persons with AD. Similarities and differences were found in both professionals' interpretations of these shared themes. Results of this study emphasize the need for increasing the knowledge and interprofessional training provided to social workers and lawyers involved in legal cases dealing with issues involving persons with Alzheimer's disease.

  4. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

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

  5. Legality in multiple legal orders

    NARCIS (Netherlands)

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

    2010-01-01

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

  6. EPICS based DAQ system

    International Nuclear Information System (INIS)

    Cheng Weixing; Chen Yongzhong; Zhou Weimin; Ye Kairong; Liu Dekang

    2002-01-01

    EPICS is the most popular developing platform to build control system and beam diagnostic system in modern physics experiment facilities. An EPICS based data acquisition system was built in Redhat 6.2 operation system. The system is successfully used in the beam position monitor mapping, it improves the mapping process a lot

  7. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

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

  8. Evolution of the legal system of nuclear research in the European Communities

    International Nuclear Information System (INIS)

    Prelle, M.

    1977-01-01

    Twenty years after the creation of Euratom, the Treaty establishing it is analysed together with the procedures for setting up joint projects and research programmes. The projects and programmes and their results are described as are the changes in the outlook and objectives of Euratom as compared with its original concept. In view of developments in the nuclear field, from the economic, political and social angles, its legal basis has developed greater flexibility from the institutional point of view, thus enabling closer co-operation between the Member States and the Commission in the setting up of efficient and useful programmes for the Communities. (NEA) [fr

  9. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

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

  10. The Individual Limited Liability Company in the Brazilian Legal System and Portuguese Experience of Single Shareholder Private Companies

    Directory of Open Access Journals (Sweden)

    Eugênio Duarte Vasques

    2016-11-01

    Full Text Available The scope of this essay is to analyze aspects of individual limited liability company in the Brazilian legal system, which raises the issue of the requirement of minimum capital contribution to the company’s constitution. Therefore, we seek to expose initially the historical responsibility of the individual entrepreneur, and then the current context of Portuguese single shareholder private companies. After these considerations, we focus on addressing the situation of the individual entrepreneur in Brazil and the creation of a new species of corporation that guarantees the limitation of liability to the individual entrepreneur in a manner similar to the Portuguese experience.

  11. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

  12. Corpus-based critical discourse analysis as a method of exploring underlying ideologies and self-representation strategies in legal texts

    DEFF Research Database (Denmark)

    Potts, Amanda; Kjær, Anne Lise

    that legal language can be subjective and emotive. The semantic field of ‘crime’ is an expected key, but concordance analysis shows ideological skew in discursive construction of crimes/victims. For instance, ‘rape’/‘sexual assault’ co-occurs with female victims, whereas ‘torture’/‘outrages upon personal......Legal language is an integral and foundational party of our social reality, but it is underrepresented in interdisciplinary, critical linguistic analyses. This is perhaps because language is more objective and formulaic than media texts, which can be more subjective and emotive (Kjær and Palsbro......, 2008). In this paper, I demonstrate how a corpus-based critical discourse analysis of legal language can expose hidden traces of the underlying ideologies of text creators, while demonstrating how identity can be performed in legal texts. Research is based on a half-million-word corpus of annual...

  13. Apology in the criminal justice setting: evidence for including apology as an additional component in the legal system.

    Science.gov (United States)

    Petrucci, Carrie J

    2002-01-01

    The criminal justice system has reached unprecedented scope in the United States, with over 6.4 million people under some type of supervision. Remedies that have the potential to reduce this number are continually being sought. This article analyzes an innovative strategy currently being reconsidered in criminal justice: the apology. Despite a legal system that only sporadically acknowledges it, evidence for the use of apology is supported by social science research, current criminal justice theories, case law, and empirical studies. Social psychological, sociological and socio-legal studies pinpoint the elements and function of apology, what makes apologies effective, and concerns about apology if it were implemented in the criminal justice system. Theoretical evidence is examined (including restorative justice, therapeutic jurisprudence, crime, shame, and reintegration) to explore the process of apology in the criminal justice context. Attribution theory and social conduct theory are used to explain the apology process specifically for victims and offenders. A brief examination of case law reveals that though apology has no formal place in criminal law, it has surfaced recently under the federal sentencing guidelines. Finally, empirical evidence in criminal justice settings reveals that offenders want to apologize and victims desire an apology. Moreover, by directly addressing the harmful act, apology may be the link to reduced recidivism for offenders, as well as empowerment for victims. This evidence combined suggests that apology is worthy of further study as a potentially valuable addition to the criminal justice process. Copyright 2002 John Wiley & Sons, Ltd.

  14. [The current situation regarding guarantees of legal rights to social welfare and nursing care in Japan: based on an analysis of adjudications spanning the period 1960 to 2005].

    Science.gov (United States)

    Matsuzawa, Akemi; Tamiya, Nanako; Wakino, Koutaro

    2009-06-01

    To clarify whether people who need social care are legally guaranteed a "right to receive nursing-care services" as a living right in Japan. Using the database "Judicial Information System on CD-ROM" and journals which cover judicial precedents, such as "Supreme Court Reports" and "Judicial Reports", we searched for adjudications from 1960 to 2005 with 'living rights' as key words. The complete content of these adjudications was ascertained by reference to the journals. We then assessed whether a "right to receive nursing-care services" was specifically discussed in each of the adjudications by determining how the courts interpreted Article 25 of the Constitution in the verdicts and whether or not there was specific discussion of legal rights in each case. Of 210 adjudications extracted from the database, 23 (11.0%) specifically discussed the right to some sort of social security. No specific reference was made in the remaining 187 decisions (89.0%), and plaintiffs' claims were rejected. Whereas the "right to nursing care" was specifically discussed in no decisions before 1992, it was discussed in 4 decisions (40.0%) from 1993 onwards, resulting in plaintiffs' demands being partly granted. The content of the decisions covered issues that included anxiety about future nursing care, the practice of nursing homes of placing several elderly people in one room, ill-defined standards and low pay for home nursing-care workers, provision of nursing-care services based on the assumption that nursing care would be provided by family members, and self-determination and independence of the severely handicapped. A "right to receive nursing-care services" has not been fully guaranteed in the legal sense. However, such a right, included as a living right, is a primary right with a constitutional basis. Although this right has been specifically discussed in only a minority of adjudications, there has been a recent tendency for more emphasis. Both elderly and handicapped persons

  15. Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction over Fact

    Directory of Open Access Journals (Sweden)

    Jessica White

    2016-03-01

    Full Text Available In this paper we briefly focus on intimate partner sexual violence (IPSV and the Australian legal response, using recent Court judgements and Heather Wishik’s feminist jurisprudence framework for inquiry to guide investigation. The key questions being asked are: (1 What have been and what are now all women’s experiences of IPSV addressed by the substance and process of rape law? (2 What assumptions, descriptions, assertions and/or definitions of consent, corroboration and reporting does the law make in IPSV matters? (3 What is the area of mismatch, distortion or denial created by the differences between women’s life experiences of IPSV coercion and the law’s assumptions or imposed structures? (4 What patriarchal interests are served by the mismatch? The paper concludes with consideration of the limitations and benefits of law reform by reflecting on the findings of the paper.

  16. Hydrogel based occlusion systems

    NARCIS (Netherlands)

    Stam, F.A.; Jackson, N.; Dubruel, P.; Adesanya, K.; Embrechts, A.; Mendes, E.; Neves, H.P.; Herijgers, P.; Verbrugghe, Y.; Shacham, Y.; Engel, L.; Krylov, V.

    2013-01-01

    A hydrogel based occlusion system, a method for occluding vessels, appendages or aneurysms, and a method for hydrogel synthesis are disclosed. The hydrogel based occlusion system includes a hydrogel having a shrunken and a swollen state and a delivery tool configured to deliver the hydrogel to a

  17. Patient rights protection in the Czech Republic: challenges of a transition from Communism to a modern legal system.

    Science.gov (United States)

    Dostal, O

    2007-03-01

    The post-Communist countries in Central Europe, including the Czech Republic, underwent a rapid transformation of their legal systems, within which the concept of patient rights passed through revolutionary changes. This process however often left significant gaps in patient rights protection. There are practical difficulties for patients in defending their rights before the courts, such as problems with obtaining evidence and independent expert opinions, long delays and high costs of court proceedings, strict burden of proof rules and low compensation levels. Modern patient rights often collide with the systems of health care provision that are still unprepared for patient autonomy and responsibility. The experience gained in the transition process might be applicable also to other countries that undergo changes from traditional to modern system of patient rights protection.

  18. 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.

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

    Science.gov (United States)

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

    2016-10-01

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

  20. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  1. Multi-professional holding: A new way of connecting liberal profession in the French legal system

    Directory of Open Access Journals (Sweden)

    Knežić-Popović Dragana

    2015-01-01

    potential as well as limiting factors. For now it is provided only in the field of law, accounting and industrial property. It is not a legal framework that provides multi-professionalism at work, but only so-called Capital plural-professionalism. The topic of multi-professional holding of liberal professions is of special importance for Serbia. First of all, points to one example of implementation of EU law (here specifically on the Services Directive from year 2006 which testifies that within the national legal order seeks the most appropriate means of transposition. Also, given the recently caused tension in our country between the two liberal professions in law, attorney-at-law and notaries, may help to understand that the culture of multi-professionalism is built first in mentality, and only then in the legislation.

  2. Anti-discrimination law on the grounds of religion within the Italian legal system: Substantive and procedural aspects

    Directory of Open Access Journals (Sweden)

    Cettina Di Salvo

    2016-01-01

    Full Text Available The author illustrates the normative framework of protection against religious discrimination in Italian legal system, scattered over several different pieces of legislation. The analysis is devoted to the substantive and procedural rules on the principle of equal treatment irrespective of religion. The analysis shows that the law guarantees every aspect of freedom of personal convictions in religious matter and protects not only people who belong to traditional organized religions, but all people who have held religious beliefs or practices. Italian law prohibits discrimination in regard to religion, not just in employment, but also in other areas. Consequently, the scope is wider than the EU Non-discrimination Directive 2000/78/EC, which only covers discrimination in employment, occupation and working conditions. The rules for the procedure before the court, designed to ensure the protection for persons who have been subject to discrimination are then examined. The author focuses in particular on the provisions regarding the legal standing, the burden of proof, and the remedies, which are crucially important for the effective implementation of the principle of equality.

  3. REFERENCE LEGAL SYSTEM “ConsultantPlus” AS A TOOL FOR IMPLEMENTING INTERDISCIPLINARY CONNECTIONS IN HIGH SCHOOL

    Directory of Open Access Journals (Sweden)

    Galina Viktorovna Hamer

    2017-12-01

    Full Text Available The standards for higher education provide for the development of students a comprehensive, universal, General and professional competencies through interdisciplinary connections. As practice shows, in the teaching of various disciplines, effective use of reference legal systems (RLS “ConsultantPlus”. Development opportunities RLS is an important component of training future specialists. It starts with the first courses of study in basic disciplines and should be used in the future during the period of training for regulatory support of various disciplines of specialization. Purpose Development and subsequent introduction in the educational process RLS “ConsultantPlus”as an effective tool for the realization of connections between disciplines. Methodology: used interactive teaching methods, and statistical methods of analysis of the impact of research. Results: improving the quality of study RLS “ConsultantPlus”, gain experience in solving actual practical problems, effective monitoring of students ‘ knowledge. Practical implications: developed by the technology study RLS “ConsultantPlus” should be used in University education in the study of various disciplines: legal, disciplines of information technology, statistical, special subjects to the effective development necessary to the future experts skills.

  4. Progression to Legal Blindness in Patients With Normal Tension Glaucoma: Hospital-Based Study.

    Science.gov (United States)

    Sawada, Akira; Rivera, Jonathan A; Takagi, Daisuke; Nishida, Takashi; Yamamoto, Tetsuya

    2015-06-01

    To determine the probability of an eye with normal tension glaucoma (NTG) progressing to legal blindness under standard ophthalmic care. Patients diagnosed with NTG (n = 382) between 1985 and 2007 at Gifu University Hospital were followed for at least 5 years under standard ophthalmic care. The collected data included the best-corrected visual acuity (BCVA), intraocular pressure (IOP), and visual field status. Blindness was defined as a BCVA of blindness in one or both eyes. The mean follow-up period after diagnosis was 13.3 ± 5.4 years with a range of 5.0 to 29.1 years. At diagnosis, 18 patients (4.7%) had unilateral blindness due to glaucoma. At final examination, 34 patients had progressed to unilateral blindness and 5 to bilateral blindness. The Kaplan-Meier life table analysis estimate for unilateral blindness was 5.8 ± 1.3% at 10 years and 9.9 ± 1.9% at 20 years. Similarly, that for bilateral blindness was 0.3 ± 0.3% at 10 years and 1.4 ± 0.8% at 20 years. A Cox proportional hazard model analysis showed that a lower initial BCVA (P blindness in at least one eye. The probability of blindness in eyes with NTG is much lower than previously reported in patients with high-tension glaucoma. Nevertheless, special care should be taken to follow NTG patients, and especially those with worse BCVA and more advanced visual field loss at diagnosis.

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

    Directory of Open Access Journals (Sweden)

    O. V. Krasnokutskyi

    2014-12-01

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

  6. The Globally Harmonized System of Classification and Labelling of Chemicals—Explaining the Legal Implementation Gap

    Directory of Open Access Journals (Sweden)

    Linn Persson

    2017-11-01

    Full Text Available The Globally Harmonized System of Classification and Labelling of Chemicals (GHS is a system for classifying and labelling chemicals according to their intrinsic hazardous properties. The GHS is one of the cornerstones of sound chemicals management, an issue consistently on the international sustainable development agenda since 1992. In 2002, it was agreed under the United Nations that all countries should be encouraged to implement the GHS by 2008. However, to date, it is unclear where, how, and to what extent the GHS has been implemented and what factors best explain any differences in implementation coverage. The aim of this paper is to provide a global overview of current GHS implementation status in national legislation using primary and secondary data, and explain differences between countries based on theory on motivational and capacity-related factors for implementation of international standards. We conclude that there seems to be broad support from countries for enhanced international collaboration in the field of sound chemicals management. However, several drivers and barriers for national GHS implementation co-exist, and there is a clear positive correlation between the financial and regulatory capacities of a country and its GHS implementation status. At the same time, our data suggest that it is possible to increase the global implementation coverage by using a combination of motivational and capacity related strategies.

  7. [General legal conditions for prioritisation within the scope of the German Statutory Health Insurance system].

    Science.gov (United States)

    Welti, Felix

    2009-01-01

    In setting health care priorities the law, and in particular the constitution, has to be obeyed. The social constitutional state must guarantee minimum access to health care. Members of the Statutory Health Insurance (SHI) shall have access to health care services protecting their life and ensuring their participation in society. They shall not be discriminated according to gender, race and ethnic origin, language, disability, age and sexual orientation. Essential decisions will have to be made by the legislator. Within the EC the right to access health care services in another EC member state may be an obstacle to prioritisation on the national level, e.g., to waiting lists. The exclusion of health care services on the basis of the social security law may be too simplistic an approach. Administrative discretion needs priorities, but it is unclear whether these are set to meet political priorities and real needs. The decisions of the Federal Joint Committee (Gemeinsamer Bundesausschuss) are sophisticated enough but have to respect the rule of law. There are deficits in research on the prioritisation effects of health care law. Diminishing these deficits is a prerequisite for turning political priorities into effective legal provisions.

  8. Normative analysis of budgetary incomes from customs in the Polish legal system

    Directory of Open Access Journals (Sweden)

    Adam Drozdek

    2017-06-01

    Full Text Available The state budget constitutes a main institution of a budget law. It is subject to the regulation of many legal provisions, including constitutional provisions and provisions of the Act on Public Finances, which results in various properties thereof. The state budget is established by the Sejm as the most important financial plan for the state policy and an instrument of social policy, taking into consideration planned incomes and expenses of the state for the following financial year. From the point of view of incomes, the state budget includes, among others: incomes from indirect and direct taxes and non-tax incomes. Customs, as benefits of a non-tax character, which are charged by the Polish customs administration in the international trade, belong to particular types of the budget incomes. By using particular construction elements of customs, e.g. rates, reliefs or exemptions, the legislator can influence the amount of incomes it obtains. This level also depends on the amount of an import, an exchange rate as well as the scale of using tariff and non-tariff measures of customs policy.

  9. Analysis of Some Punishment Practices Based on Legal-Historical Principles of Iranian Society: Qajar Dynasty Case Study

    Directory of Open Access Journals (Sweden)

    Mohammad Reza Rezaeian Koochi

    2017-04-01

    Full Text Available As one of their main functions to maintain political power, ruling dynasties in Iran always tried to establish social security and confront any events that might disrupt stability in the country. Therefore, various penalties had been meted out for perpetrators of such phenomena including social unrest, robbery, acting in disobedience to the orders of the Shah and other officials, disruption to economic activities and financial affairs of the people, murder, rape, drunken brawls in public places, and the like. These punishments were performed in various manners by non-religious jurisdictions or at the behest of the Shah, local rulers, or other security officials without any established procedures. Most of the punishments were based on the expediency of the government rather than the expediency of religion or jurisprudence. Rulers determined the manner of punishment on the basis of popular preferences. This type of conventional punishment, as opposed to legal or religious punishment, was quite common during the Qajar era, as a tool for countering the widespread social unrest. This has been reflected in the chronicles of many historians and in the diaries written by many European tourists visiting Iran during the period. The present study deals with various types of punishment of criminals and the manner of practicing such punishments during the Qajar era before the Constitutional Revolution. Findings of the study show that the punishments in the period were not based on any legal standards and that decisions of the Shah and other government officials determined the manner of performing punishments, often with much violence and harshness.

  10. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  11. The Shareholder Settlement Program : A Pragmatic Resolution to confront a Systemic Banking Crises in view of the Dysfunctional Legal System and Tradition of the Republic of Indonesia

    NARCIS (Netherlands)

    Maroef, Taufik Mappaenre

    2010-01-01

    The PhD dissertation is centered on a specific legal phenomenon as occurred during a specified period of time and within a specific legal jurisdiction. The main purpose of the relevant research-study is not to introduce a new legal theory or to challenge any existing legal thoughts, but rather to

  12. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

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

  13. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

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

  16. Legal, ethical, and procedural bases for the use of aseptic techniques to implant electronic devices

    Science.gov (United States)

    Mulcahy, Daniel M.

    2013-01-01

    animals often mask the signs of infection to avoid attracting predators (Wobeser 2006). Guidance specific to sterilization of electronic devices for implantation is limited in the wildlife record (Burger et al. 1994; Mulcahy 2003). Few biologists have been formally trained in aseptic technique, but most biologists know that electronic devices should be treated in some way to reduce the chance for infection of the host animal by bacteria, viruses, parasites, and fungi. Most biologists (73%) who implant devices into fishes believe aseptic techniques are important (Wagner and Cooke 2005). However, I maintain that many biologists find it difficult to place the concept of asepsis into practice in their work because of confusion about what constitutes aseptic technique, a lack of surgical knowledge and training, the perception of increased costs, or the belief that aseptic surgeries are impractical or unnecessary for their application. Some have even argued that, while compromising surgical techniques in the field might result in complications or mortalities, the money saved would allow for a compensatory increase in sample size (Anderson and Talcott 2006). In this paper I define aseptic surgical techniques, document the legal and professional guidance for performing aseptic surgeries on wild animals, and present options for sterilizing electronic devices and surgical instruments for field use.

  17. Physical protection in the transport of nuclear materials (Legal aspects of the domestic system)

    International Nuclear Information System (INIS)

    Novais, F.J.G.

    1978-04-01

    A study of the physical protection system is made. Emphasis is given to some considerations in the nuclear material transport area, mainly the details of the domestic system, from a juridic pont of view. (Author) [pt

  18. Contextual Factors Impacting Battered Women's Intentions to Reuse the Criminal Legal System

    Science.gov (United States)

    Fleury-Steiner, Ruth E.; Bybee, Deborah; Sullivan, Cris M.; Belknap, Joanne; Melton, Heather C.

    2006-01-01

    While a small number of past studies have examined either situational, relational, or systems-level factors that influence battered women's use of either the police, prosecutorial, or court systems, no study to date has examined how these factors each influence women's intentions to reuse these systems. To address this gap, in-person interviews…

  19. [Transfer of the AGnES concept to the regular German health-care system: legal evaluation, reimbursement, qualification].

    Science.gov (United States)

    van den Berg, N; Kleinke, S; Heymann, R; Oppermann, R F; Jakobi, B; Hoffmann, W

    2010-05-01

    According to an amendment of German social security legislation, the AGnES concept of delegation of certain tasks of medical care, especially house calls, by general practitioners (GPs) to qualified practice employees (AGnES employees), will be transferred into the regular German health care system from January 2009 onward. The concept was developed to support GPs in regions with imminent gaps in primary care. Patient data, the specifically delegated and all other activities carried out by the AGnES employees in the AGnES projects were digitally documented. Additionally, the participating GPs, AGnES employees and patients underwent a set of standardised interviews. A curriculum to qualify the AGnES employees and to define the requirements needed was developed. A legal assessment of all delegated activities was carried out, and an economical model to calculate the necessary allowance was calculated. In seven model projects in four federal states in Germany, 11,228 house calls were carried out involving 1,424, mostly multimorbid, patients (mean age: 78.6 years). A modular structured curriculum, considering the basic education and acquired competences, was developed. It allows for an individual qualification of the AGnES employees. The result of the legal assessment was the central relevance of the qualification of the practice employees according to the AGnES curriculum as the essential condition for carrying out the entire range of activities of the AGnES concept. The economic model revealed euro 21.58 for a house call by an AGnES employee. The underlying model referred to underserved regions. A successful transfer of the AGnES concept with a high standard of quality into regular health-care depends on several factors. Of particular importance is the specific qualification of the practice employees, which is a central legal condition for the delegation of medical tasks from GPs to AGnEs employees. A second determining factor is also an adequate reimbursement within

  20. The Bald And Golden Eagle Protection Act, Species-Based Legal Protection And The Danger Of Misidentification

    Directory of Open Access Journals (Sweden)

    Johann C Knobel

    2015-12-01

    Full Text Available The Bald and Golden Eagle Protection Act of 1940 bestows legal protection on two North American eagle species in the United States of America. The Act was originally aimed at the legal protection of only one species: the Bald Eagle Haliaeetus leucocephalus, the national symbol of the USA. Later the Act was amended to extend protection also to the Golden Eagle Aquila chrysaetos. The Bald Eagle was an Endangered Species, but the Golden Eagle was not formally listed as Endangered nationwide in the USA. One of the reasons for extending legal protection to the Golden Eagle under the Act was to strengthen the legal protection of the Bald Eagle, because immature Bald Eagles were being misidentified as Golden Eagles and shot. Additional factors relating to Golden Eagle mortality also made legal protection of the Golden Eagle desirable. The danger that a rare and legally protected species can be misidentified and mistaken for a more common and unprotected species can therefore serve as a reason for bestowing legal protection on the more common species as well. Other factors may also indicate that legal protection of the more common species is desirable, making the case more compelling. If this line of reasoning is applied in respect of South African birds of prey, a strong case can be made in favour of extending legal protection under the national biodiversity legislation to more species than the small number of species currently enjoying such protection. Species that are listed as Vulnerable under South African national biodiversity legislation may be misidentified as species that are not subject to such protection. Additional factors are also present that make such an extension of legal protection desirable.

  1. Assessment of the potential for hydro-solidarity within plural legal conditions of traditional irrigation systems in northern Tanzania

    Science.gov (United States)

    Kemerink, J. S.; Ahlers, R.; van der Zaag, P.

    Competition over water resources and related disputes over water are inherently local and context-specific in their manifestations. In Makanya catchment, located in the mid-reaches of the Pangani river basin in northern Tanzania, competition over water is apparent and with increased demands for water disputes are likely to become fiercer in the near future. Negotiations between upstream and downstream users at various levels in the catchment have resulted in water sharing arrangements or are still on-going while other negotiations seem to be stranded in impasses. Why in certain situations water sharing among users evolves, while in other cases mutual agreements can not be reached, is not yet well understood. Insight in the plural legal context in which water sharing arrangement among water users develop could set light on complex resource use and management realities as well as the ability of various water users to influence the negotiations over water. The hydro-solidarity concept is referred to as potential mechanism to reconcile conflicts over water. Hydro-solidarity promotes ethical dimensions as integral part of decision making and is assumed to be based on a universal set of commonly accepted norms and rules. Through analysis of the plural legal context in which water sharing arrangements among the smallholder farmers in the Makanya catchment develop, the paper explores the existence of ethical dimensions in decision making and their legitimacy. In this way the potential of the hydro-solidarity concept as mechanism to reconcile conflicts over water can be assessed in the context-specific plural reality. The paper concludes that, although ethical dimensions in decision making in the Makanya catchment exist, the hydro-solidarity concept as mechanism to reconcile disputes over water has limited potential as long as it does not embrace the plural reality. The authors argue that, instead of searching for a universal normative order, legal plural analysis can serve

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

    Science.gov (United States)

    Farhana

    2018-01-01

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

  3. “Abstractive description” of land registration system based on the theory of “public confidence”

    Directory of Open Access Journals (Sweden)

    Nasrini Tabatabai Hesari

    2014-10-01

    Full Text Available the system of land registration is protective formalism that is formed based on the theory of “public confidence”. This theory presumes that what reflected by the land registration offices is based on the legal fact. This theory, which provides legal stability and security in transactions, is manifested in three guiding principles including “mirror principle”, “curtain principle” and “insurance principle”, and offers an “abstractive description” to a land registration system. This character has different effects on diverse legal systems and can be studied for both positive and negative systems.

  4. Password Cracking on Graphics Processing Unit Based Systems

    OpenAIRE

    N. Gopalakrishna Kini; Ranjana Paleppady; Akshata K. Naik

    2015-01-01

    Password authentication is one of the widely used methods to achieve authentication for legal users of computers and defense against attackers. There are many different ways to authenticate users of a system and there are many password cracking methods also developed. This paper proposes how best password cracking can be performed on a CPU-GPGPU based system. The main objective of this work is to project how quickly a password can be cracked with some knowledge about the ...

  5. Legal expert systems in social administration: From fearing computers to fearing accountants

    NARCIS (Netherlands)

    Svensson, Jorgen S.

    2002-01-01

    In the nineteen-eighties, the Tessec expert system was developed and several studies showed that this system could improve administrative decision making under the Netherlands' General Assistance Act. Despite this favourable evaluation, Dutch municipalities did not adopt Tessec and the development

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

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

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

  7. An agent-based legal knowledge acquisition methodology for agile public administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2011-01-01

    This paper proposes a knowledge elicitation method based on serious gaming for theory construction about the effects of the law on the behaviours of agents. These games provide input to simulations of business process and product design alternatives. For knowledge representation, we have combined

  8. Computer Based Expert Systems.

    Science.gov (United States)

    Parry, James D.; Ferrara, Joseph M.

    1985-01-01

    Claims knowledge-based expert computer systems can meet needs of rural schools for affordable expert advice and support and will play an important role in the future of rural education. Describes potential applications in prediction, interpretation, diagnosis, remediation, planning, monitoring, and instruction. (NEC)

  9. Urban air quality management and information systems in Europe: legal framework and information access

    International Nuclear Information System (INIS)

    Karatzas, K.; Moussiopoulos, N.

    2000-01-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  10. Urban air quality management and information systems in Europe: legal framework and information access

    Energy Technology Data Exchange (ETDEWEB)

    Karatzas, K.; Moussiopoulos, N. [Aristotle University of Thessaloniki (Greece). Department of Mechanical Engineering, Laboratory of Heat Transfer and Environmental Engineering

    2000-06-01

    The European Union (EU) legislative framework related to air quality, together with national legislation and relevant declarations of the United Nations (UN), requires an integrated approach concerning air quality management (AQM), and accessibility of related information for the citizens. In the present paper, the main requirements of this legislative framework are discussed and main air quality management and information system characteristics are drawn. The use of information technologies is recommended for the construction of such systems. The World Wide Web (WWW) is considered a suitable platform for system development and integration and at the same time as a medium for communication and information dissemination. (author)

  11. A survey on auditing, quality assurance systems and legal frameworks in five selected slaughterhouses in Bulawayo, south-western Zimbabwe.

    Science.gov (United States)

    Masanganise, Kaurai E; Matope, Gift; Pfukenyi, Davies M

    2013-01-01

    The purpose of this study was to explore the audits, quality assurance (QA) programmes and legal frameworks used in selected abattoirs in Zimbabwe and slaughterhouse workers' perceptions on their effectiveness. Data on slaughterhouse workers was gathered through a self-completed questionnaire and additional information was obtained from slaughterhouse and government records. External auditing was conducted mainly by the Department of Veterinary Public Health with little contribution from third parties. Internal auditing was restricted to export abattoirs. The checklist used on auditing lacked objective assessment criteria and respondents cited several faults in the current audit system. Most respondents (> 50.0%) knew the purposes and benefits of audit and QA inspections. All export abattoirs had QA programmes such as hazard analysis critical control point and ISO 9001 (a standard used to certify businesses' quality management systems) but their implementation varied from minimal to nil. The main regulatory defect observed was lack of requirements for a QA programme. Audit and quality assurance communications to the selected abattoirs revealed a variety of non-compliances with most respondents revealing that corrective actions to audit (84.3%) and quality assurance (92.3%) shortfalls were not done. A high percentage of respondents indicated that training on quality (76.8%) and regulations (69.8%) was critical. Thus, it is imperative that these abattoirs develop a food safety management system comprising of QA programmes, a microbial assessment scheme, regulatory compliance, standard operating procedures, internal and external auditing and training of workers.

  12. A survey on auditing, quality assurance systems and legal frameworks in five selected slaughterhouses in Bulawayo, south-western Zimbabwe

    Directory of Open Access Journals (Sweden)

    Kaurai E. Masanganise

    2013-06-01

    Full Text Available The purpose of this study was to explore the audits, quality assurance (QA programmes and legal frameworks used in selected abattoirs in Zimbabwe and slaughterhouse workers’ perceptions on their effectiveness. Data on slaughterhouse workers was gathered through a self-completed questionnaire and additional information was obtained from slaughterhouse and government records. External auditing was conducted mainly by the Department of Veterinary Public Health with little contribution from third parties. Internal auditing was restricted to export abattoirs. The checklist used on auditing lacked objective assessment criteria and respondents cited several faults in the current audit system. Most respondents (>50.0% knew the purposes and benefits of audit and QA inspections. All export abattoirs had QA programmes such as hazard analysis critical control point and ISO 9001 (a standard used to certify businesses’ quality management systems but their implementation varied from minimal to nil. The main regulatory defect observed was lack of requirements for a QA programme. Audit and quality assurance communications to the selected abattoirs revealed a variety of non-compliances with most respondents revealing that corrective actions to audit (84.3% and quality assurance (92.3% shortfalls were not done. A high percentage of respondents indicated that training on quality (76.8% and regulations (69.8% was critical. Thus, it is imperative that these abattoirs develop a food safety management system comprising of QA programmes, a microbial assessment scheme, regulatory compliance, standard operating procedures, internal and external auditing and training of workers.

  13. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

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

  14. Legal Protection on IP Cores for System-on-Chip Designs

    Science.gov (United States)

    Kinoshita, Takahiko

    The current semiconductor industry has shifted from vertical integrated model to horizontal specialization model in term of integrated circuit manufacturing. In this circumstance, IP cores as solutions for System-on-Chip (SoC) have become increasingly important for semiconductor business. This paper examines to what extent IP cores of SoC effectively can be protected by current intellectual property system including integrated circuit layout design law, patent law, design law, copyright law and unfair competition prevention act.

  15. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

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

    OpenAIRE

    Mardha, Amil

    2009-01-01

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

  17. Identification of policies for a sustainable legal trade in rhinoceros horn based on population projection and socioeconomic models

    Science.gov (United States)

    Di Minin, Enrico; Laitila, Jussi; Montesino-Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter S; Conway, Anthony J; Moilanen, Atte

    2015-01-01

    Between 1990 and 2007, 15 southern white (Ceratotherium simum simum) and black (Diceros bicornis) rhinoceroses on average were killed illegally every year in South Africa. Since 2007 illegal killing of southern white rhinoceros for their horn has escalated to >950 individuals/year in 2013. We conducted an ecological–economic analysis to determine whether a legal trade in southern white rhinoceros horn could facilitate rhinoceros protection. Generalized linear models were used to examine the socioeconomic drivers of poaching, based on data collected from 1990 to 2013, and to project the total number of rhinoceroses likely to be illegally killed from 2014 to 2023. Rhinoceros population dynamics were then modeled under 8 different policy scenarios that could be implemented to control poaching. We also estimated the economic costs and benefits of each scenario under enhanced enforcement only and a legal trade in rhinoceros horn and used a decision support framework to rank the scenarios with the objective of maintaining the rhinoceros population above its current size while generating profit for local stakeholders. The southern white rhinoceros population was predicted to go extinct in the wild El Grano de los Datos de Costo Económico con Referencia Espacial y de Beneficio a la Biodiversidad y la Efectividad de una Estrategia de Determinación de Costos Resumen Entre 1990 y 2007, en promedio fueron cazados ilegalmente cada año 15 rinocerontes sureños blancos (Ceratotherium simum simum) y negros (Diceros bicornis) en Sudáfrica. Desde 2007 la caza ilegal de rinocerontes sureños blancos por su cuerno ha escalado a más de 950 individuos al año en 2013. Llevamos a cabo un análisis ecológico-económico para determinar si el comercio legal de cuerno de rinoceronte sureño blanco podría facilitar la protección del rinoceronte. Se usaron modelos lineales generalizados para examinar a los conductores socio-económicos de la caza furtiva, con base en datos colectados

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

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

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

  19. On the Sustainability and Management of a Model System with Ecological, Macroeconomic, and Legal Components

    Science.gov (United States)

    Sustainability is essentially about insuring that human existence can be indefinitely supported by the biological system of the Earth at an appropriate level of civilization. Hence, one of the most fundamental questions in sustainability is the extent to which human activities a...

  20. Criminal and Legal Tax System Protection of the Russian Federation and the Ukraine

    Directory of Open Access Journals (Sweden)

    Stepanenko D. Yu.

    2013-10-01

    Full Text Available The comparative law analysis of criminal law protection of the tax system of the Russian Federation and the Ukraine is presented in the article; some recommendations for improvement of the Russian and Ukrainian criminal legislations have been formulated on this basis as well

  1. IMPORTANCE OF THE STABILITY OF LEGAL SYSTEM FOR THE SUCCESSFUL MANAGING OF A STRUCTURE OF MEDICAL SERVICES COMPANIES

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-02-01

    Full Text Available The process of introduction into our national legislation of norms of the European union legislation has a direct impact on the process of realization of major activities in all spheres of the public life and the activities related to medical services are not an exception. The management of activities, connected to provision of medical services, requires attention to be paid not only to the competitive environment, but also to the normative requirements, regulating the access of the citizens to medical aid. When talking about healthcare and healthcare market, it should be noted that good healthcare is possible only where there is good civil society and strong traditions in the field of social insurance. The new requirements introduced in the way of functioning of the healthcare system aim to provide improved human health, however simultaneously the adaptation of the system to the new legally regulated requirements should be implemented in a way, which guarantees fast and easy access to healthcare services for all patients.

  2. Citizenship and Gender Violence on Working Women : Reflections in the Light of Spanish and Brazilian Legal System

    Directory of Open Access Journals (Sweden)

    Susana Rodríguez Escanciano

    2016-06-01

    Full Text Available It has been nearly a decade since the Fourth World Conference on Women held in Beijing in 1995, where the violence against women was recognized as being an attack on  women’s human rights. Under such perspective and following the recommendations of the community institutions and international organizations, States such as Spain and Brazil have incorporated into their systems specific laws -- Organic Law 1/2004 of 28th December, on Integral Protection Measures against Gender Violence (LPIVG, in Spain and Law 11.340/2006 (Lei Maria da Penha, in Brazil --.These two provisions have as one of its fundamental objectives, firmly attack such despicable behaviors of violence against women, articulating a set of measures to ensure a whole, full and consistent protection of battered women, making them hold a wide range of rights pertaining to prevention, education, welfare or criminal repression, and down to what is relevant, a series of labor and social security prerogatives, confirming  in the end, a dual purpose endowed strategy: on the one hand, facilitate the employment access for women victims of gender violence and, on the other, ensure the maintenance of their jobs. A comparative study of both legal systems may serve to introduce technical improvements that result in benefit of the protected group.

  3. System and market integration of photovoltaic systems by decentralised energy storage devices? An analysis of the technical potentials and the legal framework; System- und Marktintegration von Photovoltaik-Anlagen durch dezentrale Stromspeicher? Eine Analyse der technischen Potentiale und rechtlichen Rahmenbedingungen

    Energy Technology Data Exchange (ETDEWEB)

    Predki, Henryk

    2013-06-15

    The massive growth of photovoltaics (PV) challenges the German electricity supply system. It is necessary to adjust the generation of electricity from PV to the demand, to prevent power grid overloads due to solar electricity and to integrate the electricity into the market. This thesis examines, how decentralised energy storage devices can contribute to overcome these challenges and to what extent this approach is promoted by the current legal framework. It shows, that decentralised energy storage devices could contribute to the system und market inte-gration of PV, but the legal incentives are insufficient to realise this potential.

  4. Bank foundation – a symbiotic legal institution at the crossroad of banking system and non-profit sector

    Directory of Open Access Journals (Sweden)

    Magdalena CATARGIU

    2012-12-01

    Full Text Available In the context of the development and omnipresence, in Europe, of the non-profit sector and due to the diversification of the legal entities that are involved in the configuration of the third sector, an legal analysis of the foundation of banking origins, is very appealing. Throughout this study we aim to point out key moments in the evolution of this particular figure, mainly in the Italian legislation. Nevertheless, we intend to identify the legal nature of the foundation of banking origins in order to draw a line between banking and philanthropic activities.

  5. RESEARCH ON THE LEGAL PROBLEMS OF THE PORT MANAGEMENT SYSTEM IN JAPAN

    OpenAIRE

    TAKAHASHI, Koji; KASUGAI, Yasuo; FUKUDA, Isao

    2014-01-01

    Across the world, port management is increasingly adopting a scheme of separatinginfrastructure and operations. In the midst of this global trend, Japan experienced the Great Hanshin andAwaji Earthquake in 1995 and the Great East Japan Earthquake in 2011, both of which devastated majorports, forcing Japan to face challenges related to its port management system. In addition, with majorearthquakes expected to strike again in the future, it is urgent for Japan to solve the current problems. Jap...

  6. Social cost considerations and legal constraints in implementing modular integrated utility systems

    Science.gov (United States)

    Lede, N. W.; Dixon, H. W.; King, O.; Hill, D. K.

    1974-01-01

    Social costs associated with the design, demonstration, and implementation of the Modular Integrated Utility System are considered including the social climate of communities, leadership patterns, conflicts and cleavages, specific developmental values, MIUS utility goal assessment, and the suitability of certian alternative options for use in a program of implementation. General considerations are discussed in the field of socio-technological planning. These include guidelines for understanding the conflict and diversity; some relevant goal choices and ideas useful to planners of the MIUS facility.

  7. 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…

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

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

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

  9. The public right of access to information on nuclear energy under the Spanish legal system

    International Nuclear Information System (INIS)

    Baena del Alcazar, M.

    2003-01-01

    About the right of access to information under the Community Directive in Spain, the freedom of action of the Member state is evoked. The differences between the Constitution and the law 30/1992, the regulation under law 38/1995, the implementation of Community Law and the case law are discussed. The specific question of inspection reports is finally, seen. Where information is to be refused, the refusal should not be based on commercial or industrial confidentiality, a case in connection with which the legislation mentions spills and waste. Decisions should not be based on ambiguities and that any refusal should be justified on general grounds, by the unreasonableness of the request, by the generic formulation of the request, or by the damage to the environment itself, which should not be confused with the public alarm created. (N.C.)

  10. LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

    Directory of Open Access Journals (Sweden)

    Damir Aviani

    2008-01-01

    Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

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

    International Nuclear Information System (INIS)

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

    1976-01-01

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

  12. Design of an accounting system that legally optimizes the IVA declaration in Ecuador

    Directory of Open Access Journals (Sweden)

    José Díaz Montenegro

    2010-12-01

    Full Text Available Most of Ecuador’s contributors don’t prepare a well elaborate tax credit application form for their IVA declarations, which lead them to give a payment that goes unnecessary above the actual value, due to the inadequate form filling. In this article, we can see that through the implementation of a simple accounting system, taxpayers can optimize their IVA declaration without breaking any current tax provision, even more, going side by side with our country’s established law.

  13. Alignment of the Irish legal system and Article 13.1 of the CRPD for witnesses with communication difficulties

    Directory of Open Access Journals (Sweden)

    Catherine O'Leary

    2018-02-01

    Full Text Available Irish and international legal reform resulting from the Convention on the Rights of Persons with Disabilities [CRPD] has primarily focussed on Article 12, the right to exercise legal capacity. Article 13, which declares the right to access justice and the right to access procedural accommodations for all with disabilities, is often neglected. Specifically, research has not sufficiently explored the accommodations needed by witnesses with communication difficulties to testify in the courtroom. This study brings this aspect of Article 13 into focus by exploring the views of Irish legal professionals and disability advocates regarding existing and potential further accommodations for witnesses with communication diffiuclties in Irish criminal proceedings. By comparing and contrasting contributions, a series of conflicting perspectives between the legal profession and disability community are revealed. As successful implementation of Article 13 requires collaboration between both groups, this study concludes that these conflicts will need to be acknowledged and addressed in order for reform of courtroom accommodations to succeed.

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

    Directory of Open Access Journals (Sweden)

    Vieira, G. L. S.

    2017-06-01

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

  15. The Normative Legal Regulation of Accounting Activities of Non-Bank Financial Institutions in Ensuring the Strategic Development of the Financial System of Ukraine

    Directory of Open Access Journals (Sweden)

    Prokopenko Zhanna V.

    2017-03-01

    Full Text Available The aim of the article is to study the normative legal regulation of accounting activities of non-bank financial institutions to ensure the strategic development of the financial system of Ukraine. There actualized the issue of examining the system of normative legal regulation in terms of: first, regulation of the market for non-bank financial services and their activities as an object of accounting; second, regulation of accounting and reporting as the basis of the impact on its organization, methodology; third, formation of requirements to the management of the institution concerning the qualification requirements to the chief accountant as a subject of organization and carrying out the accounting activities. In the course of the research, there developed a model for influencing the transformation of the organization and methodology of accounting, which will be implemented by establishing new requirements to its methods and objects as a result of changes in the normative legal acts and their impact on the systems of economic analysis and audit as components of corporate management of non-bank financial institutions. The proposed model determines the impact of the provisions of the integrated program for the development of the financial sector of Ukraine until 2020 in accounting in terms of methodology, specificity and composition of its objects. As a result of studying the set of documents that define the strategic provisions for the development of the market for non-bank financial services, there identified directions for the formation of new and transformation of the existing provisions of the normative legal regulation of the accounting system through its elements (methods, objects, subjects, study of its functions and justification of the significance in risk management. We believe that these provisions should be implemented by means of the development of organizational and methodological regulations for the accounting of non

  16. Human Dignity in Law – A Case Study of the Polish Legal System

    Directory of Open Access Journals (Sweden)

    Magdalena Butrymowicz

    2016-09-01

    Full Text Available Human dignity is one of the most fundamental ideas in the entire international human rights system. As from the Universal Declaration of Human Rights, in 1948, the concept of the human dignity become used as a tool to protect the basic needs of humans. The other formal instruments of international human rights also make reference to dignity. Whereas international law widely accepted the inherence of dignity, controversies still arise around the source of the dignity. Polish lawmakers, on the other hand, have no doubt about the fact the concept of dignity comes from natural law. Poland, in her Constitution, refers to the teaching of John Paul II about the source, value and meaning of human dignity. There is no doubt that concept of human dignity, even when it is controversial, is the most widely accepted by all religions and political society in the world.

  17. SPECIFIC REGULATIONS REGARDING THE SOLVING OF LABOR DISPUTES IN ROMANIAN LEGAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Onica -Chipea Lavinia

    2012-01-01

    Full Text Available The paper aims to briefly review specific provisions of labor legislation for the solving of labor disputes. Those rules are found in matters of discrimination in the payment settlements, the public sector staff as well as some personnel status or disciplinary (work stops at Status of Teachers and established a derogationfrom the common law (Labor Code Law nr.62/2011 of Social Dialogue in resolving individual labor conflicts(former conflicts of rights. The role and importance of these regulations is that they give the parties the employment relationship, particularly employees, way, way more for rights enshrined in law. Appeals, complaints or expressions of individual grievances be settled outside the judicial system organ (the courts,authorizing officers, judicial administrative organs, which aim at restoring order violated.

  18. Nationality, Migration and Post-Marriage in Legal Systems of Different Countries

    Directory of Open Access Journals (Sweden)

    Saeid Barzegarkouchaksaraei

    2017-12-01

    Full Text Available Inside the eighteenth century a school known as "Unity System of Nationality" specified the hypothesis that ladies should discover the nationality with their spouses after marriage. Also, the nationality of men ought to be authorized on ladies. In any case, in the twentieth century, a development distinguished as women's liberation surfaced which brought about the framing of a school called known as "Arrangement of Nationality Independence". This school upheld the separating of marriage and nationality and accepted that ladies' nationality ought not change following marriage. These legitimate schools experienced distinctive signs in the positive laws and directions of various nations and it is some of the time hard to characterize them into an individual lawful school. The legitimate frameworks of nations can be classified into two groups: lawful frameworks pushing the burden of spouses' nationality on wives; lawful frameworks restricting the inconvenience of husbands' nationality on wives. This paper tries to involve distinctive frameworks of connection amongst marriage and nationality.

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

    Science.gov (United States)

    Hassan, Majid

    2008-01-01

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

  20. Cell-Based Veterinary Pharmaceuticals - Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union.

    Science.gov (United States)

    Faltus, Timo; Brehm, Walter

    2016-01-01

    Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States.

  1. Cell-Based Veterinary Pharmaceuticals – Basic Legal Parameters Set by the Veterinary Pharmaceutical Law and the Genetic Engineering Law of the European Union

    Science.gov (United States)

    Faltus, Timo; Brehm, Walter

    2016-01-01

    Cell-based therapies have been in use in veterinary medicine for years. However, the legal requirement of manufacturing, placing on the market and use of cell-based veterinary pharmaceuticals are not as well developed as the respective requirements of chemical pharmaceuticals. Cell-based veterinary pharmaceuticals are medicinal products in the sense of the pharmaceutical law of the European Union (EU). For that reason, such medicinal products principally require official approval for their manufacture and an official marketing authorization for their placement on the market before being used by the veterinarian. The manufacture, placing on the market, and use of cell-based veterinary pharmaceuticals without manufacturing approval and marketing authorization is permitted only in certain exceptional cases determined by EU and individual Member State law. Violations of this requirement may have consequences for the respective veterinarian under criminal law and under the code of professional conduct in the respective Member State. The regular use of cell-based veterinary pharmaceuticals within the scope of a therapeutic emergency as well as the import of such veterinary pharmaceuticals from non-European countries for use in the EU are currently out of the question in the EU because of a lack of legal bases. Here, we review the general legal requirement of manufacturing, placing on the market, and use of cell-based veterinary pharmaceuticals within the EU and point out different implementations of EU law within the different Member States. PMID:27965965

  2. Legal access to medications: a threat to Brazil's public health system?

    Science.gov (United States)

    Chieffi, Ana Luiza; Barradas, Rita De Cassia Barata; Golbaum, Moisés

    2017-07-19

    In Brazil, health is fundamental human right guaranteed by the Constitution of 1988, which created the Brazilian Universal Health System (Sistema Único de Saúde - SUS). The SUS provides medications for outpatient care via policy of pharmaceutical assistance (PA) programmes. Despite the advances in PA policies which include the improvement in access to medications, there has been a significant increase in lawsuits related to health products and services. This study aimed to characterize the medication processes filed between 2010 and 2014 against the Secretary of State for Health of São Paulo (State Health Department of São Paulo - SES/SP), in Brazil, following PA policies. This descriptive study used secondary data on medication lawsuits filed against the SES/SP between 2010 and 2014. The data source was the S-Codes computerized system. In the period evaluated, the number of lawsuits filed concerning health-related products increased approximately 63%; requests for medications were predominant. Approximately 30% of the medications involved in court proceedings were supplied via PA programmes. With regard to medications supplied via specialized component, 81.3% were prescribed in disagreement with the protocols published by the Ministry of Health. Insulin glargine was the most requested medication (6.3%), followed by insulin aspart (3.3%). Because there is no scientific evidence that either of these medicines is superior for the treatment of diabetes, neither of them has been incorporated into the SUS by the National Commission for Technology Incorporation. The judicial data showed that most of the lawsuits involved normal proceedings (i.e., individual demands), were filed by private lawyers, and named the State of São Paulo as the sole defendant, demonstrating the individual nature of these claims. The data indicate inequality in the distribution between the number of cases and lawyers and the number of lawsuits and prescribers, evidencing the concentration of

  3. A New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays (Moscow: Yurlitinform, 2015. 312 p.

    Directory of Open Access Journals (Sweden)

    D.V. Nefedov

    2016-12-01

    Full Text Available This book is a study at the intersection of such academic disciplines as general history, history of state and law and source study. The subcect of R.Yu. Pochevalev’s book appears very relevant since the interest of the scientific community and readership toward the Golden Horde and its role in the history of the Russian state remains traditionally high for several centuries. However, the author is trying to take a fresh look at this state and refute the stereotype of the Golden Horde as a some kind of bunch of nomads who lived only by plundering neighboring sedentary peoples. He succeeds in this by studying such an important part of the Golden Horde history as its law and legal culture. The book examines a number of questions on the history of state and law of the Golden Horde, which have not previously been the subject of a special study (for example, possessions of the Golden Horde in other uluses, dualism of power in different states, relations between authorities and traders, etc.. On some other issues that have already been studied by experts, he proposes new interpretations in the framework of historical and legal approach (for example, the causes of intestine strife in the Golden Horde in the mid-14th century, yarliks of the Golden Horde khans granted to the Russian Chruch, relations of the Golden Horde rulers and Italian colonies in the Northern Black Sea region. The author examines to a great extent the themes of state and legal regulation of economic relations: status of merchants in the Golden Horde and post-Golden Horde states, role of economic sanctions in the resolution of political conflicts. In other essays contained in the book, the author also emphasizes the role of the economic component of the political and legal relations. For example, R.Yu. Pochekaev convincingly shows that relations of the Golden Horde with other states of the Mongol Empire was based on the principle of mutual provision of possessions to the rulers of

  4. The Future of Killing: Ethical and Legal Implications of Fully Autonomous Weapon Systems

    Directory of Open Access Journals (Sweden)

    Martin Lark

    2017-03-01

    Full Text Available Warfare is moving towards full weapon autonomy. Already, there are weapons in service that replace a human at the point of engagement. The remote pilot must adhere to the law and consider the moral and ethical implications of using lethal force. Future fully autonomous weapons will be able to search for, identify and engage targets without human intervention, raising the question of who is responsible for the moral and ethical considerations of using such weapons. In the chaos of war, people are fallible, but they can apply judgement and discretion and identify subtle signals. For example, humans can identify when an enemy wants to surrender, are burying their dead, or are assisting non-combatants. An autonomous weapon may not be so discerning and may not be capable of being programmed to apply discretion, compassion, or mercy, nor can it adapt commanders’ intent or apply initiative. Before fully autonomous weapons use lethal force, it is argued that there needs to be assurances that the ethical implications are understood and that control mechanisms are in place to ensure that oversight of the system is able to prevent incidents that could amount to breaches of the laws of armed conflict.

  5. Technology based Education System

    DEFF Research Database (Denmark)

    Kant Hiran, Kamal; Doshi, Ruchi; Henten, Anders

    2016-01-01

    Abstract - Education plays a very important role for the development of the country. Education has multiple dimensions from schooling to higher education and research. In all these domains, there is invariably a need for technology based teaching and learning tools are highly demanded in the acad......Abstract - Education plays a very important role for the development of the country. Education has multiple dimensions from schooling to higher education and research. In all these domains, there is invariably a need for technology based teaching and learning tools are highly demanded...... in the academic institutions. Thus, there is a need of comprehensive technology support system to cater the demands of all educational actors. Cloud Computing is one such comprehensive and user-friendly technology support environment that is the need of an hour. Cloud computing is the emerging technology that has...

  6. Subordinate Mechanism of Legal Regulation of Relations in the Framework of the Contract Procurement System to Meet the Needs of the Public

    Directory of Open Access Journals (Sweden)

    Evgeny V. Solomonov

    2016-01-01

    Full Text Available The article discusses the theoretical issues of legal regulation mechanism features of separate stages of public procurement. Conclusions about the legal nature of the type of legal regulation, its relationship with the peculiarities of the legal facts and legal relations are given.

  7. The Panama fossil power plants generation system: Atmospheric pollution, general and legal aspects; El sistema de generacion termoelectrico en Panama: Contaminacion atmosferica, aspectos generales y legales

    Energy Technology Data Exchange (ETDEWEB)

    Milciades, Concepcion [Instituto de Recursos Hidraulicos y Electrificacion, (Panama)

    1996-12-31

    The Thermal electric energy resource of Panama is administered by four Regional Managements and a group of Regional Systems comprising the fossil power plants supplying electric energy to the country`s marginal areas. The characteristics of the different fuels used in these fossil power plants, the results of the assessment of the polluting particles and sulfur and nitrogen oxides are presented. Finally, the alleviation measures and the environmental legislation implanted in these power plants are also presented [Espanol] El parque termico de Panama es administrado por cuatro Gerencias Regionales y un conjunto de Sistemas Regionales que comprenden las plantas termicas de menor capacidad destinadas a suplir de energia a las areas marginadas del pais. Se presentan las caracteristicas de los diferentes combustibles utilizados en estas unidades termicas; los resultados de las mediciones de particulas contaminantes y de oxidos de azufre y oxidos de nitrogeno. Por ultimo se presentan las medidas de mitigacion y legislacion ambiental implantadas en estas centrales termoelectricas

  8. The Panama fossil power plants generation system: Atmospheric pollution, general and legal aspects; El sistema de generacion termoelectrico en Panama: Contaminacion atmosferica, aspectos generales y legales

    Energy Technology Data Exchange (ETDEWEB)

    Milciades, Concepcion [Instituto de Recursos Hidraulicos y Electrificacion, (Panama)

    1997-12-31

    The Thermal electric energy resource of Panama is administered by four Regional Managements and a group of Regional Systems comprising the fossil power plants supplying electric energy to the country`s marginal areas. The characteristics of the different fuels used in these fossil power plants, the results of the assessment of the polluting particles and sulfur and nitrogen oxides are presented. Finally, the alleviation measures and the environmental legislation implanted in these power plants are also presented [Espanol] El parque termico de Panama es administrado por cuatro Gerencias Regionales y un conjunto de Sistemas Regionales que comprenden las plantas termicas de menor capacidad destinadas a suplir de energia a las areas marginadas del pais. Se presentan las caracteristicas de los diferentes combustibles utilizados en estas unidades termicas; los resultados de las mediciones de particulas contaminantes y de oxidos de azufre y oxidos de nitrogeno. Por ultimo se presentan las medidas de mitigacion y legislacion ambiental implantadas en estas centrales termoelectricas

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

    Directory of Open Access Journals (Sweden)

    Ya V Zubova

    2010-12-01

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

  10. 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

  11. Political and Legal Bases of Foreign Policy Activity of the European Union in the Region of Central Asia

    Directory of Open Access Journals (Sweden)

    Turdimurat M. Tursunmuratov

    2017-10-01

    Full Text Available The author analyses the European Union’s foreign policy in Central Asia. He indicates the basic tendencies of development of the EU cooperation with the countries of Central Asian region. Further, the author analyzes the implementation of joint projects within the framework adopted by the Partnership Agreements. Based on a critical analysis, the researcher highlights a number of constraints to effective development of relations between the EU and Central Asian states. He carries out a structural analysis of conceptual documents of the European Union for the development of bilateral and multilateral relations with Central Asian countries in the region. Scientific novelty of this work lies in the systematization of stages in the evolution of relations between the European Union and the countries of Central Asia. The author divides the formation of cooperation into four main stages. The first stage of the relations between the EU and the countries of Central Asia includes conceptual framework of the legal regulatory structure of bilateral and multilateral cooperation. The second stage is characterized by the realization of a number of joint projects in the field of transport communications, democratic transformations, regional security and stability. The third stage of the relations is determined by acquiring of special geographical significance of the region of Central Asia resulting from the engagement of the International Security Assistance Force in Afghanistan in 2001. The fourth stage has begun in 2015 with the adoption of the EU Strategy for a New Partnership with Central Asia for 2017-2021. These studies serve as a basis for developing some important proposals and recommendations for the improvement of the effectiveness of cooperation between the parties.

  12. Studying Sensing-Based Systems

    DEFF Research Database (Denmark)

    Kjærgaard, Mikkel Baun

    2013-01-01

    Recent sensing-based systems involve a multitude of users, devices, and places. These types of systems challenge existing approaches for conducting valid system evaluations. Here, the author discusses such evaluation challenges and revisits existing system evaluation methodologies....

  13. 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....

  14. Legal Regimes of Official Information in Ukraine

    Directory of Open Access Journals (Sweden)

    Serhii Yesimov

    2018-04-01

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

  15. 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

  16. A Goddess for semiotics of law and legal discourse

    Directory of Open Access Journals (Sweden)

    Jan M. Broekman

    2011-12-01

    Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

  17. Suicide among nursing home residents in Australia: A national population-based retrospective analysis of medico-legal death investigation information.

    Science.gov (United States)

    Murphy, Briony J; Bugeja, Lyndal C; Pilgrim, Jennifer L; Ibrahim, Joseph E

    2018-05-01

    Suicide among nursing home residents is a growing public health concern, currently lacking in empirical research. This study aims to describe the frequency and nature of suicide among nursing home residents in Australia. This research comprised a national population-based retrospective analysis of suicide deaths among nursing home residents in Australia reported to the Coroner between July 2000 and December 2013. Cases were identified using the National Coronial Information System, and data collected from paper-based coroners' records on individual, incident, and organizational factors, as well as details of the medico-legal death investigation. Data analysis comprised univariate and bivariate descriptive statistical techniques; ecological analysis of incidence rates using population denominators; and comparison of age and sex of suicide cases to deaths from other causes using logistic regression. The study identified 141 suicides among nursing home residents, occurring at a rate of 0.02 deaths per 100 000 resident bed days. The ratio of deaths from suicide to deaths from any other cause was higher in males than females (OR = 3.56, 95%CI = 2.48-5.12, P = home for less than 12 months (n = 71, 50.3%). Common major life stressors identified in suicide cases included the following: health deterioration (n = 112, 79.4%); isolation and loneliness (n = 60, 42.6%); and maladjustment to nursing home life (n = 42, 29.8%). This research provides a foundational understanding of suicide among nursing home residents in Australia and contributes important new information to the international knowledge base. Copyright © 2018 John Wiley & Sons, Ltd.

  18. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah

  19. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

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

  20. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

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

  1. 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.

  2. 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…

  3. 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....

  4. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  5. LKIF Core: principled ontology development for the legal domain

    NARCIS (Netherlands)

    Hoekstra, R.; Breuker, J.; Di Bello, M.; Boer, A.; Breuker, J.; Casanovas, P.; Klein, M.C.A.; Francesconi, E.

    2009-01-01

    In this paper we describe a legal core ontology that is part of the Legal Knowledge Interchange Format: a knowledge representation formalism that enables the translation of legal knowledge bases written in different representation formats and formalisms. A legal (core) ontology can play an important

  6. Public Policy and the Prison System Failure Brazil: Legal Theses 17 and 18 of the Attorney General's Office - Ago, and Immediate Intervention Judicial Power

    Directory of Open Access Journals (Sweden)

    Daniela Carvalho Almeida Da Costa

    2015-12-01

    Full Text Available The purpose of this paper is to analyze the legal feasibility of the judiciary determine the Executive to carry out works in prisons; confronting the reservation of the theory of financially possible and the immediate applicability of explicit fundamental rights in the Constitution, and the latest understanding of our Constitutional Court on the subject. Thus, it was taken as a backdrop the extraordinary appeal object if 592 581 / RS - which resulted in the legal arguments of nos 17 and 18 of the Attorney General - PGR, which concerned about the problem of "judicial control policies public "to ensure the preservation of the fundamental right to physical and moral integrity of prisoners, including renovation, expansion and construction of prisons in the event of failure of state entities. Finally, there was a brief analysis of the structural crisis of the Brazilian prison system, sign flagrant violation of the supreme value of human dignity.

  7. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

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

  8. Capability-based computer systems

    CERN Document Server

    Levy, Henry M

    2014-01-01

    Capability-Based Computer Systems focuses on computer programs and their capabilities. The text first elaborates capability- and object-based system concepts, including capability-based systems, object-based approach, and summary. The book then describes early descriptor architectures and explains the Burroughs B5000, Rice University Computer, and Basic Language Machine. The text also focuses on early capability architectures. Dennis and Van Horn's Supervisor; CAL-TSS System; MIT PDP-1 Timesharing System; and Chicago Magic Number Machine are discussed. The book then describes Plessey System 25

  9. DEMOCRATIZAÇÃO DA JUSTIÇA: A APRENDIZAGEM BASEADA EM PROBLEMAS APLICADA À PRÁTICA JURÍDICA CURRICULAR | JUSTICE DEMOCRATIZATION: THE PROBLEM BASED LEARNING APPLIED TO THE LEGAL PRACTICE IN LAW COURSES

    Directory of Open Access Journals (Sweden)

    Roberto Muhájir Rahnemay Rabbani

    2016-08-01

    Full Text Available This study reports an experience on legal services brought by the Federal University of Rio Grande do Norte, Brazil, Caicó Campus, approaching this institution to the region community. Through real case studies, the students were motivated to conduct a legal and juridical analysis, and had to present the results to the consultants and the professors. The students were entrusted to give legal opinion and explain the procedural stages on the cases presented by the community. The methodology used was the empirical research through qualitative and quantitative methods, by applying questionnaires to users of the legal practice and the students of the Legal Assistance courses on the service and the use of Problem-Based Learning. The results demonstrate a high level of satisfaction by users and students, that ensured that the used methodology enabled their best qualification for the labor market.

  10. How to capture, model, and verify the knowledge of legal, security, and privacy experts: A pattern-based approach

    NARCIS (Netherlands)

    Compagna, L.; El Khoury, P.; Massacci, F.; Thomas, R.; Zannone, N.

    2007-01-01

    Laws set requirements that force organizations to assess the security and privacy of their IT systems and impose the adoption of the implementation of minimal precautionary security measures. Several frameworks have been proposed to deal with thii issue. For instance, purpose-based access control is

  11. Law and Islamic finance: How legal origins affect Islamic finance development?

    Directory of Open Access Journals (Sweden)

    Rihab Grassa

    2014-09-01

    Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

  12. Fitossociological inventory in a multistrata agroforestry system as a tool for legal reserve execution Levantamento fitossociológico comparativo entre sistema agroflorestal multiestrato e capoeiras como ferramenta para a execução da reserva legal

    Directory of Open Access Journals (Sweden)

    Luís Cláudio Maranhão Froufe

    2011-09-01

    Full Text Available

    The legal reserve (RL is by the Brazilian Forest Code a portion of the total area of a farm where the use of the natural resources is to be done on a sustainable basis aiming the ecological processes, and biodiversity conservation and the shelter and protection of native fauna and flora.  The existence of RL has been criticized since its creation, specially by the allegation that it interferes on productive processes and
    for regarding the difficulties of its implantation. The multistrata agroforestry systems (AFS are widely accepted as a conservative management practice, even in Brazilian legislation, and it is an alternative technique for the  implantation of the RL. This work, carried altogether in small farms containing multistrata AFS and natural forests regeneration tracts (some of them already registered as RL showed that this AFS, although productive systems, hold similar number and diversity of species to the renenerating forest , satisfying the legal minimum requisites expected in RL and thus suitable to be used as a technology for recovering and managing the RL. Moreover, as its management is agroecological, it was observed the recolonization of several
    native species, corroborating the potential use of these AFS in ecological restiration processes. Those agroforestry systems, however, need additional silvicultural practices
    to improve forestry production and sustainability.

    doi: 10.4336/2011.pfb.31.67.203

    A reserva legal (RL, normatizada pelo Novo Código Florestal,  Lei 4.771/65, vem sendo alvo de críticas, desde sua criação,  sobretudo sob a alegação de que interfere nos processos   produtivos da propriedade rural e apresenta dificuldade na sua  execução. Os sistemas agroflorestais (SAF multiestrato são práticas de manejo conservacionista do solo já aceitos pela legislação brasileira como uma alternativa técnica para a execução da RL. Este trabalho teve por objetivo avaliar a

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

    Directory of Open Access Journals (Sweden)

    Jason R. Jolicoeur

    2018-05-01

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

  14. Parcels and Land Ownership, Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to parcel boundaries of Johnson County Kansas., Published in 2007, Johnson County Government.

    Data.gov (United States)

    NSGIC Local Govt | GIS Inventory — Parcels and Land Ownership dataset current as of 2007. Parcel boundaries for Johnson County Kansas based off of legal description. Used to show spatial reference to...

  15. A Comparative Study of the Principles Governing Criminal Responsibility in the Major Legal Systems of the World (England, United States, Germany, France, Denmark, Russia, China, and Islamic legal tradition)

    DEFF Research Database (Denmark)

    Elewa Badar, Mohamed; Marchuk, Iryna

    2013-01-01

    to demarcate between intentional and negligent conduct. Turning to comparative law as an invaluable tool of legal analysis, the study demonstrates that there are more common characteristics than originally anticipated regarding the concept of crime, as well as the basis of the principle of culpability......The purpose of this survey is to examine the underlying principles of criminal responsibility in selected common law and continental law jurisdictions as well as in the Islamic legal tradition through the lens of comparative law. By conducting a comprehensive legal analysis of the concept of crime...

  16. System Based Code: Principal Concept

    International Nuclear Information System (INIS)

    Yasuhide Asada; Masanori Tashimo; Masahiro Ueta

    2002-01-01

    This paper introduces a concept of the 'System Based Code' which has initially been proposed by the authors intending to give nuclear industry a leap of progress in the system reliability, performance improvement, and cost reduction. The concept of the System Based Code intends to give a theoretical procedure to optimize the reliability of the system by administrating every related engineering requirement throughout the life of the system from design to decommissioning. (authors)

  17. Principales bases legales relacionadas con la expedición y uso de estupefacientes, psicotrópicos y otras sustancias tóxicas en Cuba Main legal bases related to the prescription and use of stupefacients, psychotropic drugs, and other toxicants in Cuba

    Directory of Open Access Journals (Sweden)

    Héctor Barreiro Ramos

    2006-06-01

    Full Text Available Por la importancia que tiene para los médicos, enfermeros, estudiantes, directivos y otros trabajadores y profesionales, no solo del sistema de Salud Pública, sino de otros sectores relacionados, se comprendió la necesidad de intentar recoger en un mismo material toda la legislación posible o basamentos medicolegales relacionados con la expedición y uso de algunas sustancias tóxicas en Cuba, para que estos grupos tuvieran recopilado en un solo texto mucho de lo que está regulado sobre esta temática, y le sea útil como instrumento de trabajo. Se realizó una revisión bibliográfica y documental acerca de las normas legales establecidas en Cuba para el control de las sustancias bajo fiscalización internacional y nacional, muchas de las cuales pueden ser utilizadas con fines no médicos. Se resumen en este documento las bases legales establecidas en leyes, decretos, resoluciones y otros documentos vigentes en nuestro país, y se señalan los principales aspectos contemplados en estos instrumentos jurídicos, muchos de los cuales han repercutido en las modificaciones realizadas en los últimos años en el Código Penal para el control del narcotráfico y el abuso de sustancias reguladas y/o prohibidas. La información obtenida se presenta por temáticas afines, que se agrupan teniendo presente el contenido y comentando las consideraciones pertinentes acorde con la problemática cubana.Due to the great significance for physicians, nurses, students, managers, and other workers and professionals, not only of the Public Health System, but of other related sectors, it was necessary to collect in a same material all the possible legislation or medicolegal foundations related to the prescription and use of some toxicants in Cuba, so that these groups have in only one text most of what is regulated on this topic to be use as a working tool. A bibliographical and documentary review was made on legal norms established in Cuba for the control of

  18. Simulation-based disassembly systems design

    Science.gov (United States)

    Ohlendorf, Martin; Herrmann, Christoph; Hesselbach, Juergen

    2004-02-01

    Recycling of Waste of Electrical and Electronic Equipment (WEEE) is a matter of actual concern, driven by economic, ecological and legislative reasons. Here, disassembly as the first step of the treatment process plays a key role. To achieve sustainable progress in WEEE disassembly, the key is not to limit analysis and planning to merely disassembly processes in a narrow sense, but to consider entire disassembly plants including additional aspects such as internal logistics, storage, sorting etc. as well. In this regard, the paper presents ways of designing, dimensioning, structuring and modeling different disassembly systems. Goal is to achieve efficient and economic disassembly systems that allow recycling processes complying with legal requirements. Moreover, advantages of applying simulation software tools that are widespread and successfully utilized in conventional industry sectors are addressed. They support systematic disassembly planning by means of simulation experiments including consecutive efficiency evaluation. Consequently, anticipatory recycling planning considering various scenarios is enabled and decisions about which types of disassembly systems evidence appropriateness for specific circumstances such as product spectrum, throughput, disassembly depth etc. is supported. Furthermore, integration of simulation based disassembly planning in a holistic concept with configuration of interfaces and data utilization including cost aspects is described.

  19. 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 ...

  20. Advance Directives of Will (Living Will: Ethical and Legal Implications Based on the Principle of Dignity of Human Person

    Directory of Open Access Journals (Sweden)

    Maria Aparecida Alkimim

    2016-12-01

    Full Text Available This paper, with methodology of philosophical, bibliographical and documentary research intends to apply the principle of dignity of human person to the vicissitudes around the advance directives of will, to the ethical aspects disciplined by the Code of Medical Ethics, as well as to what regards the legal aspects, involving the Federal Constitution, the Civil Code, the Code of Medical Ethics and the Resolution 1995/2012 (CFM. The principle of dignity of human person along with the consequent application in the principles of bioethics is considered in a personalistic perspective. This kind of approach is indicative of the interdisciplinarity of bioethics.

  1. Green public procurement – legal base and instruments supporting sustainable development in the construction industry in Poland

    Directory of Open Access Journals (Sweden)

    Kozik Renata

    2016-01-01

    Full Text Available In the respect of value, public procurement in the construction industry belongs to one of the largest ones in the domestic market. Therefore, green procurement for construction works should become the center of attention of public authorities in a broad sense, due to its scale and importance for the sustainable development. The authorities and contracting entities who spend public money should have the opportunity to apply such legal articles and instruments that allow them to both optimize public expenditures and consider the environmental factor, such as decreasing carbon emission. To make the idea of sustainable development a reality as European Union’s the most vital aim, EU law is implemented in Poland. Local authorities’ duty is to appropriately shape their policies and use the vital instrument of sustainable development, namely green public procurement. This paper presents a comparative analysis of legal regulations to illustrate the actual Polish and EU laws concerning the construction industry. Even though the generally applicable law allows to implement the idea of sustainable development efficiently, local self-government units in their regional policies do not report any need for specific solutions, or they do so only occasionally.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1998-12-16

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

  3. Object Based Systems Engineering

    Science.gov (United States)

    2011-10-17

    practically impossible where the original SMEs are unavailable or lack perfect recall. 7. Capture the precious and transient logic behind this...complex system. References 1. FITCH, J. Exploiting Decision-to-Requirements Traceability, briefing to NDIA CMMI Conference, November, 2009 2

  4. The legal regime of the relations between the center and the administrative-territorial units within the contemporary administrative systems

    Directory of Open Access Journals (Sweden)

    Silvia GORIUC

    2017-12-01

    Full Text Available The decentralization of public administration refers to the process of increasing the autonomy of local communities by transferring new decision-making responsibilities, as well as financial and patrimonial resources, respecting the principle of subsidiarity, reducing current spending and increasing transparency in relation to citizens and increasing the quality and access to public services, or in other words, is a process of transferring authority and administrative responsibilities from central to local government in the areas of planning, decision-making, legal accountability and public service management.

  5. 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.

  6. 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.

  7. Legal aspects of Blockchain`s technology applicability for registration of intellectual rights

    Directory of Open Access Journals (Sweden)

    Novoselova Lyudmila

    2018-01-01

    Full Text Available This article describes systems of accounting for the results of creative work, reveals possibilities for Blockchain`s technology applicability for providing information about the protected results of intellectual activity and their inclusion in the turnover (commercialization. Legal mechanisms play an important role for successful implementation of the opportunities which form the basis of this technology. It also requires addressing the unjustified legal obstacles for applicability of the technology and, at the same time, deciding which includes the technology into established legal mechanisms. Authors analyze the main issues which may arise when including the results of intellectual activity into accounting systems based on Blockchain technologies.

  8. 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.

  9. Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

    OpenAIRE

    Mariya Riekkinen

    2016-01-01

    This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public parti...

  10. Are chest radiographs justified in pre-employment examinations. Presentation of legal position and medical evidence based on 1760 cases

    International Nuclear Information System (INIS)

    Ladd, S.C.; Krause, U.; Ladd, M.E.

    2006-01-01

    The legal and medical basis for chest radiographs as part of pre-employment examinations (PEE) at a University Hospital is evaluated. The radiographs are primarily performed to exclude infectious lung disease. A total of 1760 consecutive chest radiographs performed as a routine part of PEEs were reviewed retrospectively. Pathologic findings were categorized as ''nonrelevant'' or ''relevant.'' No positive finding with respect to tuberculosis or any other infectious disease was found; 94.8% of the chest radiographs were completely normal. Only five findings were regarded as ''relevant'' for the individual. No employment-relevant diagnosis occurred. The performance of chest radiography as part of a PEE is most often not justified. The practice is expensive, can violate national and European law, and lacks medical justification. (orig.) [de

  11. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

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

  12. End of FY10 report - used fuel disposition technical bases and lessons learned : legal and regulatory framework for high-level waste disposition in the United States.

    Energy Technology Data Exchange (ETDEWEB)

    Weiner, Ruth F.; Blink, James A. (Lawrence Livermore National Laboratory, Livermore, CA); Rechard, Robert Paul; Perry, Frank (Los Alamos National Laboratory, Los Alamos, NM); Jenkins-Smith, Hank C. (University of Oklahoma, Norman, OK); Carter, Joe (Savannah River Nuclear Solutions, Aiken, SC); Nutt, Mark (Argonne National Laboratory, Argonne, IL); Cotton, Tom (Complex Systems Group, Washington DC)

    2010-09-01

    This report examines the current policy, legal, and regulatory framework pertaining to used nuclear fuel and high level waste management in the United States. The goal is to identify potential changes that if made could add flexibility and possibly improve the chances of successfully implementing technical aspects of a nuclear waste policy. Experience suggests that the regulatory framework should be established prior to initiating future repository development. Concerning specifics of the regulatory framework, reasonable expectation as the standard of proof was successfully implemented and could be retained in the future; yet, the current classification system for radioactive waste, including hazardous constituents, warrants reexamination. Whether or not consideration of multiple sites are considered simultaneously in the future, inclusion of mechanisms such as deliberate use of performance assessment to manage site characterization would be wise. Because of experience gained here and abroad, diversity of geologic media is not particularly necessary as a criterion in site selection guidelines for multiple sites. Stepwise development of the repository program that includes flexibility also warrants serious consideration. Furthermore, integration of the waste management system from storage, transportation, and disposition, should be examined and would be facilitated by integration of the legal and regulatory framework. Finally, in order to enhance acceptability of future repository development, the national policy should be cognizant of those policy and technical attributes that enhance initial acceptance, and those policy and technical attributes that maintain and broaden credibility.

  13. Design and implementation of a smart card based billing system for ...

    African Journals Online (AJOL)

    A smart card based billing system for petroleum dispenser is just one of the many ways in which smart cards can be employed to make commerce efficient. It incorporates the use of smart card as its legal tender and a smart card reader embedded into the filling station dispenser design. The smart card reader processes the ...

  14. Some ideas about remote legal education in Ukraine

    Directory of Open Access Journals (Sweden)

    Haraberjush Ivan Fedorovych

    2018-04-01

    Full Text Available The article displays the features of remote training as an independent form in the system of higher education in Ukraine. The author also allocates the features of formation of distant learning system and considers possibilities of using this form in legal education in Ukraine. The article defines the categories of graduate lawyers for whose training the distant learning system based on the advanced information technologies is the most effective one.

  15. 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)

  16. MTA Computer Based Evaluation System.

    Science.gov (United States)

    Brenner, Lisa P.; And Others

    The MTA PLATO-based evaluation system, which has been implemented by a consortium of schools of medical technology, is designed to be general-purpose, modular, data-driven, and interactive, and to accommodate other national and local item banks. The system provides a comprehensive interactive item-banking system in conjunction with online student…

  17. Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study.

    Science.gov (United States)

    Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

    2018-01-01

    In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Population-based mortality follow-back survey. Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5-2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient's palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted.

  18. Involvement of palliative care in euthanasia practice in a context of legalized euthanasia: A population-based mortality follow-back study

    Science.gov (United States)

    Dierickx, Sigrid; Deliens, Luc; Cohen, Joachim; Chambaere, Kenneth

    2017-01-01

    Background: In the international debate about assisted dying, it is commonly stated that euthanasia is incompatible with palliative care. In Belgium, where euthanasia was legalized in 2002, the Federation for Palliative Care Flanders has endorsed the viewpoint that euthanasia can be embedded in palliative care. Aim: To examine the involvement of palliative care services in euthanasia practice in a context of legalized euthanasia. Design: Population-based mortality follow-back survey. Setting/participants: Physicians attending a random sample of 6871 deaths in Flanders, Belgium, in 2013. Results: People requesting euthanasia were more likely to have received palliative care (70.9%) than other people dying non-suddenly (45.2%) (odds ratio = 2.1 (95% confidence interval, 1.5–2.9)). The most frequently indicated reasons for non-referral to a palliative care service in those requesting euthanasia were that existing care already sufficiently addressed the patient’s palliative and supportive care needs (56.5%) and that the patient did not want to be referred (26.1%). The likelihood of a request being granted did not differ between cases with or without palliative care involvement. Palliative care professionals were involved in the decision-making process and/or performance of euthanasia in 59.8% of all euthanasia deaths; this involvement was higher in hospitals (76.0%) than at home (47.0%) or in nursing homes (49.5%). Conclusion: In Flanders, in a context of legalized euthanasia, euthanasia and palliative care do not seem to be contradictory practices. A substantial proportion of people who make a euthanasia request are seen by palliative care services, and for a majority of these, the request is granted. PMID:28849727

  19. Traditional Festivals to Become Legal Holidays

    Institute of Scientific and Technical Information of China (English)

    2007-01-01

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

  20. 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

  1. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

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

  2. Unaccompanied and Separated Foreign Children in the Care System in the Western Cape – A Socio-Legal Study

    Directory of Open Access Journals (Sweden)

    Julia Sloth-Nielsen

    2016-05-01

    Full Text Available This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly to map and quantify the number and demographics of foreign children placed in all CYCCs across the Western Cape. Secondly, the study aimed to analyse the reasons for children's migration and the circumstances around their placement in residential care institutions in order to establish whether family reunification was possible or desirable. Thirdly, the study explores the sufficiency of efforts made to trace and reunify the children with their families, whether in South Africa or across borders, as the institutional placement of children should not only be a last resort but it should preferably be temporary whilst family-based solutions are sought. Lastly, the documentation status of the children in the study was examined. Recommendations emanating from the research conclude the study.

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

    African Journals Online (AJOL)

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

  4. Exploring the potential for joint training between legal professionals in the criminal justice system and health and social care professionals in the mental-health services.

    Science.gov (United States)

    Hean, Sarah; Heaslip, Vanessa; Warr, Jerry; Staddon, Sue

    2011-05-01

    Effective screening of mentally-ill defendants in the criminal court system requires cooperation between legal professionals in the criminal justice system (CJS), and health and social care workers in the mental-health service (MHS). This interagency working, though, can be problematic, as recognized in the Bradley inquiry that recommended joint training for MHS and CJS professionals. The aim of this study was to examine the experiences and attitudes of workers in the CJS and MHS to inform the development of relevant training. The method was a survey of mental-health workers and legal professionals in the court. The results showed that both agencies were uncertain of their ability to work with the other and there is little training that supports them in this. Both recognized the importance of mentally-ill defendants being dealt with appropriately in court proceedings but acknowledged this is not achieved. There is a shared willingness to sympathize with defendants and a common lack of willingness to give a definite, unqualified response on the relationship between culpability, mental-illness and punishment. Views differ around defendants' threat to security.Findings suggest there is scope to develop interprofessional training programs between the CJS and MHS to improve interagency working and eventually impact on the quality of defendants' lives. Recommendations are made on the type of joint training that could be provided.

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

    International Nuclear Information System (INIS)

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

    2002-01-01

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

  6. From conventional software based systems to knowledge based systems

    International Nuclear Information System (INIS)

    Bologna, S.

    1995-01-01

    Even if todays nuclear power plants have a very good safety record, there is a continuous search for still improving safety. One direction of this effort address operational safety, trying to improve the handling of disturbances and accidents partly by further automation, partly by creating a better control room environment, providing the operator with intelligent support systems to help in the decision making process. Introduction of intelligent computerised operator support systems has proved to be an efficient way of improving the operators performance. A number of systems have been developed worldwide, assisting in tasks like process fault detection and diagnosis, selection and implementation of proper remedial actions. Unfortunately, the use of Knowledge Based Systems (KBSs), introduces a new dimension to the problem of the licensing process. KBSs, despite the different technology employed, are still nothing more than a computer program. Unfortunately, quite a few people building knowledge based systems seem to ignore the many good programming practices that have evolved over the years for producing traditional computer programs. In this paper the author will try to point out similarities and differences between conventional software based systems, and knowledge based systems, introducing also the concept of model based reasoning. (orig.) (25 refs., 2 figs.)

  7. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

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

  8. 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.

  9. Minimization of costs and fees in municipal sewage disposal. Legal bases, scope for action and reports of experience. PC information system AquaArgument; Kosten- und Abgabenminimierung in der kommunalen Abwasserentsorgung. Rechtliche Grundlagen, Handlungsspielraeume und Erfahrungsberichte. PC-Informationssystem AquaArgument

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, R. [Saarberg Hoelter Wassertechnik GmbH, Essen (Germany); Knust, M. [Saarberg Hoelter Wassertechnik GmbH, Essen (Germany); Wittenberg, D. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Rehr-Zimmermann, M. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Hueting, R. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Vogel, H.J. [Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit, Bonn (Germany)

    1996-05-01

    One of the many tasks of local government is to make provision for sewage disposal. In many towns, necessary investments, the installation of further technical systems, and reconstructions entail a rise in sewage disposal fees. These measures, whose justification can hardly be denied for ecological reasons, and the resulting cost are more and more the object of long-term economic analysis and broad public debate. The brochure points out possibilities for minimizing the costs of, and fees for, municipal sewage disposal. Of course it is up to each municipal administration to decide in favour of or against their implementation (orig.). [Deutsch] Eine von vielen Aufgaben in der Kommune ist die Sicherstellung der Abwasserentsorgung. Die notwendigen Investitionen, technischen Erweiterungen und Rekonstruktionen fuehren vielerorts zu steigenden Abwassergebuehren. Die aus oekologischen Gesichtspunkten kaum in Abrede gestellten Massnahmen und die daraus resultierenden Kosten unterliegen in ihrer Entwicklung immer mehr einer langfristig orientierten wirtschaftlichen Betrachtung und einer damit verbundenen breiten oeffentlichen Diskussion. In dieser Broschuere werden einige Hinweise und Moeglichkeiten zur Kosten- und Abgabenminimierung in der kommunalen Abwasserentsorgung aufgezeigt, deren Umsetzung selbstverstaendlich der Entscheidung der einzelnen Kommune unterliegt. (orig./SR)

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

    Directory of Open Access Journals (Sweden)

    Tatiana Aragão Figueiredo

    2013-11-01

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

  11. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    we believe, an opportunity to analyze the formation of the ideal of legal personality. Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality. Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy. Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality. Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1 the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence of the personality, thereby reducing it to the level of subject, on whose

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

    Science.gov (United States)

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

    2017-12-01

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

  13. Effects of a stand-alone web-based electronic screening and brief intervention targeting alcohol use in university students of legal drinking age: A randomized controlled trial.

    Science.gov (United States)

    Ganz, Thomas; Braun, Michael; Laging, Marion; Schermelleh-Engel, Karin; Michalak, Johannes; Heidenreich, Thomas

    2018-02-01

    Many intervention efforts targeting student drinking were developed to address US college students, which usually involves underage drinking. It remains unclear, if research evidence from these interventions is generalizable to university and college students of legal drinking age, e.g., in Europe. To evaluate the effectiveness of a translated and adapted version of the eCHECKUP TO GO, applied as stand-alone web-based electronic screening and brief intervention (e-SBI), in German university students at risk for hazardous drinking. A fully automated web-based two-arm parallel-group randomized controlled trial was conducted. Participants were randomized to an e-SBI or assessment-only (AO) condition. The current paper analyzed students with baseline AUDIT-C scores ≥3 for women and ≥4 for men (sample at baseline: e-SBI [n=514], AO [n=467]; 3-month follow-up: e-SBI [n=194], AO [n=231]; 6-month follow-up: e-SBI [n=146], AO [n=200]). The primary outcome was prior four weeks' alcohol consumption. Secondary outcomes were frequency of heavy drinking occasions, peak blood alcohol concentration, and number of alcohol-related problems. Mixed linear model analyses revealed significant interaction effects between groups and time points on the primary outcome after 3 and 6months. Compared to students in the AO condition, students in the e-SBI condition reported consuming 4.11 fewer standard drinks during the previous four weeks after 3months, and 4.78 fewer standard drinks after 6months. Mixed results were found on secondary outcomes. The results indicate that evidence on and knowledge of web-based e-SBIs based on US college student samples is transferable to German university students of legal drinking age. However, knowledge of what motivates students to complete programs under voluntary conditions, although rare, is needed. Copyright © 2017 Elsevier Ltd. All rights reserved.

  14. Energy Flexibility from Large Prosumers to Support Distribution System Operation—A Technical and Legal Case Study on the Amsterdam ArenA Stadium

    Directory of Open Access Journals (Sweden)

    Dirk Kuiken

    2018-01-01

    Full Text Available To deal with the rising integration of stochastic renewables and energy intensive distributed energy resources (DER to the electricity network, alternatives to expensive network reinforcements are increasingly needed. An alternative solution often under consideration is integrating flexibility from the consumer side to system management. However, such a solution needs to be contemplated from different angles before it can be implemented in practice. To this end, this article considers a case study of the Amsterdam ArenA stadium and its surrounding network where flexibility is expected to be available to support the network in the future. The article studies the technical aspects of using this flexibility to determine to what extent, despite the different, orthogonal goals, the available flexibility can be used by various stakeholders in scenarios with a large load from electric vehicle charging points. Furthermore, a legal study is performed to determine the feasibility of the technical solutions proposed by analysing current European Union (EU and Dutch law and focusing on the current agreements existing between the parties involved. The article shows that flexibility in the network provided by Amsterdam ArenA is able to significantly increase the number of charging points the network can accommodate. Nonetheless, while several uses of flexibility are feasible under current law, the use of flexibility provided by electric vehicles specifically faces several legal challenges in current arrangements.

  15. Imaginary on International Migrants’ Human Rights in the Legal System: Some Limitations to the Principle of Universality in the Case of Argentina

    Directory of Open Access Journals (Sweden)

    Anahí Patricia González

    2017-06-01

    Full Text Available The purpose of this study is to analyze social representations of members of the legal system about human rights of international immigrants arrived to Argentina in the second half of 20th century. A qualitative methodological strategy was implemented; semistructured interviews to members of the legal institution of Buenos Aires metropolitan area were used. The interviews were transcribed and processed with qualitative criteria by implementing the Strauss and Corbin's (2002 methodology. This article analyses two relevant dimensions: citizens’ rights and migration policies. Among the main findings in the discourse of the subjects interviewed, it can be said that negative social representations about foreign people and their arrival to the country prevail. Even though there is a gradient of opinions whose extremes meet. On the one hand, there are those affirming equality (formal in the access to all rights for native and migrant population. On the other hand, there are those who propose the priority of access to these rights for native subjects. The principle of universality from a human rights perspective is dwarfed when compared to the position of those who consider the migration control, the restriction of the arrival of migrants, and the closure of national borders as essential

  16. LSI-11 based multiparameter system

    International Nuclear Information System (INIS)

    Patwardhan, P.K.; Chatur, C.G.; Gupta, J.D.; Kumar, Sudhir

    1981-01-01

    This paper describes a LSI-11 based nuclear data processing system having four parameter capability. The system features simultaneous data acquisition and processing in independent memory zones. It also incorporates useful resident application programs and a built-in dual trace display. (author)

  17. THE LEGAL FRAMEWORK FOR THE IMPLEMENTATION OF IFRS AND THEIR IMPLICATIONS IN THE BANKING SYSTEM FROM ROMANIA

    Directory of Open Access Journals (Sweden)

    Anisoara Apetri

    2015-05-01

    Full Text Available At the level of the European financial system, banks are the basic institutions which provide financing for the private sector, it preferring bank financing at the expense of financing through the capital market. The current stage of the international accounting harmonisation process focuses on obtaining similar economic decisions taken by investors and other users of the financial statements – decisions based on equivalent financial statements, prepared according to the set of International Financial Reporting Standards - IFRS developed by the IASB. Therefore, the aim of this study is to provide an overview of the implementation of IFRS in the world as well as in Romania by providing some information about the adoption process and the issues identified through the implementation of IFRS, especially in the banking field in Romania.

  18. Legal System Building of Personal Housing Property Tax in China%我国个人住房房产税法律制度的构建

    Institute of Scientific and Technical Information of China (English)

    陈雪; 张岱渭

    2014-01-01

    Personal housing property tax can raise the holding costs of houses ,curb the speculation of housing directly ,and by which way it have an important role of curb high housing prices .Personal housing property tax can also provide stable local finance ,and make social w ealth distribution fair .Chi-na should build legal system of personal housing property tax ,coordinate the relationship between per-sonal housing property tax and land transfer fund ,establish the real estate tax system of “high main-tain ,low flow” ,and formulate unified “Property Tax Law” .To provide the conditions for personal housing property tax ,China also should establish a unified registration system of real estate ,and im-prove the legal system of property assessment .%开征个人住房房产税可以提高住房持有成本,直接遏制住房投机,对抑制高房价有重要作用。个人住房房产税还可以提供稳定的地方财政来源,促进社会财富公平分配。我国应当构建个人住房房产税法律制度,处理好个人住房房产税与土地出让金的关系,实行“高保有、低流转”的房地产税制,制定统一的《房产税法》。我国还应当建立不动产统一登记法律制度、完善房产评估法律制度,为个人住房房产税全面征收提供条件。

  19. Solar based hydrogen production systems

    CERN Document Server

    Dincer, Ibrahim

    2013-01-01

    This book provides a comprehensive analysis of various solar based hydrogen production systems. The book covers first-law (energy based) and second-law (exergy based) efficiencies and provides a comprehensive understanding of their implications. It will help minimize the widespread misuse of efficiencies among students and researchers in energy field by using an intuitive and unified approach for defining efficiencies. The book gives a clear understanding of the sustainability and environmental impact analysis of the above systems. The book will be particularly useful for a clear understanding

  20. 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…

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

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    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 m...

  2. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

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

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

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

  5. The International Legal Personality of the Individual

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

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

  6. Insite or Outside the Law: Examining the Place of Safe Injection Sites within the Canadian Legal System

    Directory of Open Access Journals (Sweden)

    Aidan Macdonald

    2011-01-01

    Full Text Available In response to the mounting number of HIV/AIDS and overdose deaths directly attributable to intravenous drug use during the 1980 and 1990’s, governments across the world began considering alternatives to traditional prohibitionist drug policies. These alternatives, generally described as harm reduction strategies involving needle exchange programs and safe injection sites, rapidly gained acceptance across Europe. By contrast, they encountered significant opposition in North America. This thesis summarily traces the history of Canadian drug law, describing the development and impact of the harm reduction movement in Canada and the establishment of the first and only safe injection site (SIS in North America (Insite. Employing a repressive formalist analysis of the application of federal drug laws, I then examine the role of the current Conservative government in contesting harm reduction strategies and refusing full legalization of Insite. I illustrate that through the strategic manipulation and discriminatory enforcement of drug laws and political gamesmanship relating to the criteria grounding Insite’s exemption from current drug laws, the government has failed to fulfill a set of fundamental social values with respect to Insite’s users and members of the downtown eastside of Vancouver. Interviews with injection drug users, workers at Insite and residents of the local community provide empirical support for the beneficial effects of safe injection sites, and expose the politics of the struggle for Insite’s continued existence. I also show how the Conservative anti-drug ideologues have led a resistance against classifying drug addiction as a health-related rather than criminal problem, despite significant scientific evidence to the contrary, and how this resistance has resulted in the further marginalization of injection drug users.

  7. 44 CFR 6.8 - Subpoena and other legal demands.

    Science.gov (United States)

    2010-10-01

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

  8. The Theory of the Legal State

    Directory of Open Access Journals (Sweden)

    L. J. Du Plessis

    1981-03-01

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

  9. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    , negation of adversarial use of space and a fully-capable National Missile Defense (NMD). [American] ICBMs will continue to provide a credible strategic deterrence, while advanced, conventional weapons operating in or through space will provide our National Command Authorities (NCA) with formidable and flexible options for prompt, global, conventional strike." As we will see in this paper, the current international legal framework restricting the stationing and use of weapons in space is composed mainly of three treaties. They are: the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (1972), called commonly the `ABM treaty', the `Outer Space Treaty' (1967) and the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963). We will also see that - contrary to public opinion - those current legal instruments, even coupled with other international legal texts, do not prohibit the `weaponisation' of space. For instance, The Article Four of the Outer Space Treaty is often cited as the main legal argument against militarisation of space. This article does indeed prohibit the installation or stationing of "any objects carrying nuclear weapons or any other kinds of weapons of mass destruction", "in orbit around the Earth", "on celestial bodies", "in outer space" and "in any other manner". But, aside from the weapons identified (nuclear weapons and weapons of mass destruction), nothing prohibits a government signatory to the Outer Space Treaty, to actually station other types of weapons in space, such as laser-based systems. In this paper, the current situation of potential `weaponisation' of space, the international impacts of such a policy and the gaps of the international legal framework concerning the militarisation of space, will prompt some comments and practical recommendations.

  10. Expectancy and Professional Norms in Legal Translation

    DEFF Research Database (Denmark)

    Faber, Dorrit; Hjort-Pedersen, Mette

    2013-01-01

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

  11. Are AustLII and Google Enough for Legal Research?

    Science.gov (United States)

    Fong, Colin

    2006-01-01

    For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…

  12. Book review: A study of mixed legal systems: endangered, entrenched, or blended / edited by S. Farran, E. Örücü, and S.P. Donlan, Farnham and Burlington - ISBN 978-1-4724-4177-5

    NARCIS (Netherlands)

    Simon Thomas, Marc|info:eu-repo/dai/nl/325784760

    2015-01-01

    This edited volume offers a number of detailed and fascinating case studies of mixed legal systems (i.e., mixed systems of common law and civil law) from across the globe: Cyprus, Guyana, Jersey, Mauritius, the Philippines, Quebec, Saint Lucia, Scotland, and Seychelles. It explores the question of

  13. Economic and Legal Aspects of Electronic Money

    OpenAIRE

    Otakar Schlossberger

    2016-01-01

    The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant infl...

  14. Prospects for Reforming the Organizational and Legal Mechanism for Ensuring Human and Civil Rights and Freedoms

    Directory of Open Access Journals (Sweden)

    Myroslav Kovaliv

    2017-10-01

    Full Text Available The purpose of the article is analyzing the prospect of reforming the organizational and legal mechanism for ensuring the rights and freedoms of individuals and citizens of Ukraine from the systemic approach. Based on the methodology of system analysis, the prospects of reforming the organizational and legal mechanism for ensuring the rights and freedoms of men and citizens of Ukraine in the context of association with the European Union are considered. The key factors that influence the effectiveness of the submitted organizational and legal mechanism are analyzed. The measures aimed at the improvement of normative-legal regulation, which shall promote the maintenance of constitutional rights and freedoms in the conditions of reforming all spheres of society's life, are presented.

  15. An Observed Voting System Based On Biometric Technique

    Directory of Open Access Journals (Sweden)

    B. Devikiruba

    2015-08-01

    Full Text Available ABSTRACT This article describes a computational framework which can run almost on every computer connected to an IP based network to study biometric techniques. This paper discusses with a system protecting confidential information puts strong security demands on the identification. Biometry provides us with a user-friendly method for this identification and is becoming a competitor for current identification mechanisms. The experimentation section focuses on biometric verification specifically based on fingerprints. This article should be read as a warning to those thinking of using methods of identification without first examine the technical opportunities for compromising mechanisms and the associated legal consequences. The development is based on the java language that easily improves software packages that is useful to test new control techniques.

  16. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

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

  17. 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...

  18. Beam based systems and controls

    CERN Document Server

    Jacquet, D

    2012-01-01

    This presentation will give a review from the operations team of the performance and issues of the beam based systems, namely RF, ADT, beam instrumentation, controls and injection systems. For each of these systems, statistics on performance and availability will be presented with the main issues encountered in 2012. The possible improvements for operational efficiency and safety will be discussed, with an attempt to answer the question "Are we ready for the new challenges brought by the 25ns beam and increased energy after LSI? ".

  19. The International Legal Framework for Nuclear Security

    International Nuclear Information System (INIS)

    2011-01-01

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

  20. Expert system based radionuclide identification

    International Nuclear Information System (INIS)

    Aarnio, P.A.; Ala-Heikkil, J.J.; Hakulinen, T.T.; Nikkinen, M.T.

    1998-01-01

    An expert system coupled with the gamma spectrum analysis system SAMPO has been developed for automating the qualitative identification of radionuclides as well as for determining the quantitative parameters of the spectrum components. The program is written in C-language and runs in various environments ranging from PCs to UNIX workstations. The expert system utilizes a complete gamma library with over 2600 nuclides and 80,000 lines, and a rule base of about fifty criteria including energies, relative peak intensities, genesis modes, half lives, parent-daughter relationships, etc. The rule base is furthermore extensible by the user. This is not an original contribution but a somewhat updated version of papers and reports previously published elsewhere. (author)

  1. 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.

  2. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  3. Review of: Legal practice and cultural diversity

    DEFF Research Database (Denmark)

    Vinding, Niels Valdemar

    2010-01-01

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

  4. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

    Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

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

    Science.gov (United States)

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

    2015-06-01

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

  6. Constitutional limits on the exercise of power by management using CIT and other means for surveillance and private security under the Spanish legal system

    Directory of Open Access Journals (Sweden)

    María del Carmen López Aniorte

    2014-11-01

    Full Text Available This paper provides analysis from a legal perspective on the conflict between fundamental right of to privacy of workers, and the exercise of power by management using means to capture image or sound, the control of the tools of information technology, and engaging detectives – professionals who currently possess innovative devices that enhance the efficacy of their investigation, but raise questions regarding their constitutionality. The Constitutional Tribunal admits that these means for monitoring are legal, as long as the measures taken are justified, appropriate, necessary and balanced. Furthermore, the casuistic nature of this law allows for the adoption of contradictory legal solutions in analogous or identical cases, generating a situation of legal insecurity, affecting the workers, the business owners, and the detectives they engage, when there is no clear delimitation for the legal context of their actions. DOI: http://dx.doi.org/10.5377/rpsp.v4i1.1554

  7. 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)

  8. Medical legal aspects of radiation oncology

    International Nuclear Information System (INIS)

    Wall, Terry J.

    1996-01-01

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

  9. [National system of protection against electromagnetic fields 0 Hz-300 GHz in the light of current legal regulations].

    Science.gov (United States)

    Aniołczyk, Halina

    2006-01-01

    Exposure to electromagnetic fields (EMF) occurs when man is exposed to the effect of electric, magnetic and electromagnetic fields and contact currents different from those resulting from physiological processes in the organism or other natural phenomena. In Poland, the system of protection against EMF has been functioning for over 35 years. In 2001, when the Minister of Labor and Social Policy issued the regulation introducing the maximum admissible intensities (MAI) for electromagnetic fields and radiation within the range of 0 Hz-300 GHz, the system was directed mainly towards evaluation of exposure to EMF occurring in the occupational environment. The system is linked via MAI values with human protection in the natural environment. In this paper, the background, principles and the range of the national system of protection against EMF and its monitoring are presented. The project of implementation of EU directives, following Poland's accession to the European Union is also discussed.

  10. Space construction base control system

    Science.gov (United States)

    1978-01-01

    Aspects of an attitude control system were studied and developed for a large space base that is structurally flexible and whose mass properties change rather dramatically during its orbital lifetime. Topics of discussion include the following: (1) space base orbital pointing and maneuvering; (2) angular momentum sizing of actuators; (3) momentum desaturation selection and sizing; (4) multilevel control technique applied to configuration one; (5) one-dimensional model simulation; (6) N-body discrete coordinate simulation; (7) structural analysis math model formulation; and (8) discussion of control problems and control methods.

  11. Certification of Public Librarians in the United States. A Detailed Summary of Legally Mandated and Voluntary Certification Plans for Public Librarians Based on Information Supplied by the Various Certificating State Agencies or Other Appropriate Sources. 3rd Edition.

    Science.gov (United States)

    Coe, Mary J., Ed.

    This report contains summaries of legally mandated and voluntary certification plans for public librarians in the United States based on information supplied by the various certifying state agencies or other appropriate sources in April 1979. Each plan is identified by the descriptive terms "mandatory" (certification required by law--23 states),…

  12. Certification of Public Librarians in the United States; A Detailed Summary of Legal and Voluntary Certification Plans for Public Librarians Based on Information Supplied by the Various Certificating State Agencies or other Appropriate Sources, 2nd Edition.

    Science.gov (United States)

    Frame, Ruth R.; Coyne, John R.

    Contained in this report is a detailed summary of legal and voluntary certification plans for public librarians in each of the 50 states. Descriptions of the certification plans for public librarians are based on information supplied by state agencies in September 1971. Each plan is identified by the descriptive terms--mandatory, permissive or…

  13. 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

  14. Chronic exposure to low environmental concentrations and legal aquaculture doses of antibiotics cause systemic adverse effects in Nile tilapia and provoke differential human health risk.

    Science.gov (United States)

    Limbu, Samwel M; Zhou, Li; Sun, Sheng-Xiang; Zhang, Mei-Ling; Du, Zhen-Yu

    2018-06-01

    Antibiotics used globally to treat human and animal diseases exist ubiquitously in the environment at low doses because of misuse, overdose and poor absorption after ingestion, coupled with their high-water solubility and degradation resistance. However, the systemic chronic effects of exposure to low environmental concentrations of antibiotics (LECAs) and legal aquaculture doses of antibiotics (LADAs) in fish and their human health risk are currently unknown. To investigate the in vivo chronic effects of exposure to LECAs and LADAs using oxytetracycline (OTC) and sulfamethoxazole (SMZ) in Nile tilapia (Oreochromis niloticus) and their human health risk. Twenty O. niloticus weighing 27.73 ± 0.81 g were exposed to water containing LECAs (OTC at 420 ng/L and SMZ at 260 ng/L) and diets supplemented with LADAs (OTC 80 mg/kg/day and SMZ 100 mg/kg/day) for twelve weeks. General physiological functions, metabolic activities, intestinal and hepatic health were systemically evaluated. The possible human health risks of the consumption of the experimental Nile tilapia fillets in adults and children were assessed by using risk quotient. After exposure, we observed retarded growth performance accompanied by reduced nutrients digestibility, feed efficiency, organ indices, and lipid body composition in treated fish. Antibiotics distorted intestinal morphological features subsequently induced microbiota dysbiosis and suppressed intestinal tight junction proteins. Exposure of fish to LECAs and LADAs induced oxidative stress, suppressed innate immunity, stimulated inflammatory and detoxification responses, concomitantly inhibited antioxidant capacity and caused lipid peroxidation in intestine and liver organs. Both LECAs and LADAs enhanced gluconeogenesis, inhibited lipogenesis and fatty acid beta oxidation in intestine and liver organs. The exposure of fish to LECAs and LADAs induced anaerobic glycolytic pathway and affected intestinal fat catabolism in intestine

  15. A legal version of the nanoworld

    Science.gov (United States)

    Lacour, Stéphanie

    2011-09-01

    Nanosciences and nanotechnologies come into a pre-existing legal system. Their arrival, and how they are received are worthy of analysis. Such an effort shall at first include simply lexical considerations, in order to penetrate, via their origins, the traces of these specific objects into the territory of law. The goal of this article is to explore the effects of "nanos" in various legal fields, including their relevance to the principle of precaution, patent law, and the applicable laws for chemical substances.

  16. Cellular-based preemption system

    Science.gov (United States)

    Bachelder, Aaron D. (Inventor)

    2011-01-01

    A cellular-based preemption system that uses existing cellular infrastructure to transmit preemption related data to allow safe passage of emergency vehicles through one or more intersections. A cellular unit in an emergency vehicle is used to generate position reports that are transmitted to the one or more intersections during an emergency response. Based on this position data, the one or more intersections calculate an estimated time of arrival (ETA) of the emergency vehicle, and transmit preemption commands to traffic signals at the intersections based on the calculated ETA. Additional techniques may be used for refining the position reports, ETA calculations, and the like. Such techniques include, without limitation, statistical preemption, map-matching, dead-reckoning, augmented navigation, and/or preemption optimization techniques, all of which are described in further detail in the above-referenced patent applications.

  17. The European Arrest Warrant in the Italian legal system. Between mutual recognition and mutual fear within the European area of Freedom, Security and Justice

    Directory of Open Access Journals (Sweden)

    Franco Impalà

    2005-12-01

    Full Text Available Italy was the last Member State to transpose the Framework Decision on the European Arrest Warrant. The Italian law entered into full force on 14 May 2005, a full sixteen months later than the appointed date. Conversely, whilst the Framework Decision aimed to speed up extradition between Member States, the Italian implementation law seems to complicate things, providing for dozens of new legal obstacles to surrender. In fact, the execution of an EAW in Italy threatens to become something highly unpredictable. The responsibility for this outcome is shared by the national and the European legislator. Perhaps the latter underestimated the seriousness of the conflict between Third Pillar law and domestic constitutional systems which aim to protect their acquis in the field of fundamental rights. Considering that many Member States seem to be struggling with similar problems, the first part of this article is devoted to describing the current scenario and analysing possible solutions at the supranational level, such as the establishment of a coherent system regulating the allocation of penal competences among Member States. In the next part, the problem of the Framework Decision’s incompatibility with the Italian Constitution will be discussed, and in the final part the Italian implementation law is analysed in more detail.

  18. 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)

  19. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

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

    2011-01-01

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

  20. Nameless women: the development of legal arguments based on women's statute. Alagoas District - Captaincy of Pernambuco (1716-1765

    Directory of Open Access Journals (Sweden)

    Anne Karolline Campos Mendonça

    2017-12-01

    Full Text Available The central idea of this work is to question the development of discursive mechanisms or a manipulation of the judicial images constituted on of subalternized personages. More specifically, it was chosen to bring to the fore the appropriation of a juridical literature that intends to describe the feminine, in the name of to base masculine duties and rights on like women. As interpretations, they then go through the questions about which groups served the specific codices, having a theme of women's history as a background, but not as a main perspective. This means that the focus of this article can be seen with the problematic of conceptions of justice and of the use of judicial statutes of the lower countries by the privileged layer of society and the name of their own interests.

  1. Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS): a cluster randomized trial targeting system-wide improvement in substance use services.

    Science.gov (United States)

    Knight, Danica K; Belenko, Steven; Wiley, Tisha; Robertson, Angela A; Arrigona, Nancy; Dennis, Michael; Bartkowski, John P; McReynolds, Larkin S; Becan, Jennifer E; Knudsen, Hannah K; Wasserman, Gail A; Rose, Eve; DiClemente, Ralph; Leukefeld, Carl

    2016-04-29

    The purpose of this paper is to describe the Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS) study, a cooperative implementation science initiative involving the National Institute on Drug Abuse, six research centers, a coordinating center, and Juvenile Justice Partners representing seven US states. While the pooling of resources across centers enables a robust implementation study design involving 36 juvenile justice agencies and their behavioral health partner agencies, co-producing a study protocol that has potential to advance implementation science, meets the needs of all constituencies (funding agency, researchers, partners, study sites), and can be implemented with fidelity across the cooperative can be challenging. This paper describes (a) the study background and rationale, including the juvenile justice context and best practices for substance use disorders, (b) the selection and use of an implementation science framework to guide study design and inform selection of implementation components, and (c) the specific study design elements, including research questions, implementation interventions, measurement, and analytic plan. The JJ-TRIALS primary study uses a head-to-head cluster randomized trial with a phased rollout to evaluate the differential effectiveness of two conditions (Core and Enhanced) in 36 sites located in seven states. A Core strategy for promoting change is compared to an Enhanced strategy that incorporates all core strategies plus active facilitation. Target outcomes include improvements in evidence-based screening, assessment, and linkage to substance use treatment. Contributions to implementation science are discussed as well as challenges associated with designing and deploying a complex, collaborative project. NCT02672150 .

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

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

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

  3. PC based vibration monitoring system

    International Nuclear Information System (INIS)

    Jain, Sanjay K.; Roy, D.A.; Pithawa, C.K.; Patil, R.K.

    2004-01-01

    Health of large rotating machinery gets reflected in the vibration signature of the rotor and supporting structures and proper recording of these signals and their analysis can give a clear picture of the health of the machine. Using these data and their trending, it is possible to predict an impending trouble in the machine so that preventive action can be taken in time and catastrophic failure can be avoided. Continuous monitoring and analysis can give quick warning and enable operator to take preventive measures. Reactor Control Division, BARC is developing a PC based Vibration monitoring system for turbo generator machinery. The System can acquire 20 vibration signals at a rate of 5000 samples per second and also 15 process signals at a rate of 100 samples/ sec. The software for vibration monitoring system includes acquisition modules, analysis modules and Graphical User Interface module. The acquisition module involves initialization, setting of required parameters and acquiring the data from PC-based data acquisition cards. The acquired raw vibration data is then stored for analysis using various software packages. The display and analysis of acquired data is done in LabVIEW 7.0 where the data is displayed in time as well as frequency domain along with the RMS value of the signal. (author)

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

    Science.gov (United States)

    Marishet, Mohammed Hamza

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

  5. The legalization of small scale mining in Colombia

    Directory of Open Access Journals (Sweden)

    Alexandra Urán

    2013-11-01

    Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

  6. Medical-legal aspects of the fungal infection drug therapy in neonatology: evidence-based medicine and off-label prescribing

    Directory of Open Access Journals (Sweden)

    Marta Ciuffi

    2014-06-01

    Full Text Available The aim of this paper is to focus on the well-known issue of the clinical use of off-label drug therapy in neonatology with respect to evidence-based medicine, with particular reference to antifungal products, in comparison with the wider use in pediatric and adult population. Then we considered the new regulatory approaches carried out in the past decade by the FDA (Food and Drug Administration and the EMA (European Medicine Agency, aimed to improve newborn and children population inclusion into scientific trials and to promote drug labeling with respect to pediatric indications, and the goals nowadays achieved through the American Pediatric Research Equity Act / Best Pharmaceuticals for Children Act and the European Pediatric Investigation Plans. Finally we pointed out, on the basis of the Italian regulatory framework, the Italian medical-legal liability profiles related to the use of off-label therapies in neonatology. Further efforts are required in the international context to carry forward the process started while in the particular Italian scenario it is to be hoped that a general change of mind towards the off-label drug use in neonatology clinical practice may take place.

  7. Coerência dos sistemas social e jurídico e regulação das autogestões em saúde suplementar / Coherence of social and legal systems and self-administrations regulation in supplementary health

    Directory of Open Access Journals (Sweden)

    Jaqueline Resende Candido Mello

    2017-04-01

    Full Text Available Purpose – The present study deals with self-administrations in supplementary health and analyzes to what extent sectoral regulation has observed the specific culture of the regulated business. In order to do so, it presents a historical and cultural contextualization of the self-administrations and the normative of the sector, in addition to analogy with the closed private pension entities. Methodology/approach/design – It is based on the theory of autopoiesis and Teubner's Regulatory Trilemma, which are informed in the initial sections. Next, analysis of norms affected to self-administrations in supplementary health and a comparative approach in relation to closed private pension entities. Findings – To the extent that the legal system and the social system regulated are not coherent with each other, since they are not observed, regulatory action can fail. In the case of self-administrations, regulatory action may disintegrate this system if it does not observe its distinct nature and, consequently, does not preserve the culture of the business.

  8. Legal protection in French environmental law

    International Nuclear Information System (INIS)

    Fromont, M.

    1983-01-01

    The author presents a comparison of the French and the Federal German legal provisions providing for preliminary legal protection in connection with proceedings where protection of the environment is involved. The author also discusses proceedings in contentious administrative matters in connection with the licensing of the construction and operation of nuclear power plants, as well as the protection of the laws in subject matters concerning airborne pollution control and environmental protection in general. One of the most outstanding different features is the fact that in legal proceedings on administrative matters in France, protection of the existing legal system is the main issue rather than the protection of individual rights, as is the case in the Fed. Republic of Germany. (HP) [de

  9. Legal Inheritance in the Republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Hamdi Podvorica

    2011-06-01

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

  10. Pluralidade do nexo causal em acidente de trabalho/doença ocupacional: estudo de base legal no Brasil

    Directory of Open Access Journals (Sweden)

    Lenz Alberto Alves Cabral

    2018-02-01

    Full Text Available Resumo Introdução: a determinação do nexo causal do acidente de trabalho/doença ocupacional é de suma importância, pois sua análise envolve fatores ideológicos, éticos, humanísticos e legais, sendo realizada nos âmbitos trabalhista, previdenciário e cível. Objetivo: identificar e sistematizar atos normativos legais para subsidiar a compreensão interpretativa do nexo causal entre o sinistro laboral e o trabalho, nos âmbitos trabalhista, previdenciário e cível. Métodos: ensaio crítico-reflexivo, com base em levantamento e sistematização da legislação trabalhista brasileira que dá suporte ao estabelecimento do nexo causal no acidente do trabalho pelos atores sociais legalmente responsáveis por sua determinação. Resultados: são identificadas três modalidades de nexo causal: trabalhista, pelos Serviços Especializados de Engenharia de Segurança e Medicina do Trabalho (SESMT; previdenciário, pelo Instituto Nacional do Seguro Social (INSS; e cível, pela Justiça do Trabalho. A Lei nº 8.213/1991 é referência comum para as três instituições; outros atos legais normativos são específicos no âmbito de cada instituição: as Normas Regulamentadoras do Trabalho (SESMT; a Instrução Normativa 31 (INSS e o Código Civil (Justiça do Trabalho. Conclusão: o uso correto da legislação facilita o estabelecimento do elo entre o acidente e o trabalho, auxiliando na sua compreensão, padronização, diminuição de conflitos e aumento da notificação.

  11. A blockchain-based Decentralized System for proper handling of temporary Employment contracts

    OpenAIRE

    Pinna, Andrea; Ibba, Simona

    2017-01-01

    Temporary work is an employment situation useful and suitable in all occasions in which business needs to adjust more easily and quickly to workload fluctuations or maintain staffing flexibility. Temporary workers play therefore an important role in many companies, but this kind of activity is subject to a special form of legal protections and many aspects and risks must be taken into account both employers and employees. In this work we propose a blockchain-based system that aims to ensure r...

  12. Influence of the wording of evaluation items on outcome-based evaluation results for large-group teaching in anatomy, biochemistry and legal medicine.

    Science.gov (United States)

    Anders, Sven; Pyka, Katharina; Mueller, Tjark; von Streinbuechel, Nicole; Raupach, Tobias

    2016-11-01

    Student learning outcome is an important dimension of teaching quality in undergraduate medical education. Measuring an increase in knowledge during teaching requires repetitive objective testing which is usually not feasible. As an alternative, student learning outcome can be calculated from student self-ratings. Comparative self-assessment (CSA) gain reflects the performance difference before and after teaching, adjusted for initial knowledge. It has been shown to be a valid proxy measure of actual learning outcome derived from objective tests. However, student self-ratings are prone to a number of confounding factors. In the context of outcome-based evaluation, the wording of self-rating items is crucial to the validity of evaluation results. This randomized trial assessed whether including qualifiers in these statements impacts on student ratings and CSA gain. First-year medical students self-rated their initial (then-test) and final (post-test) knowledge for lectures in anatomy, biochemistry and legal medicine, respectively, and 659 questionnaires were retrieved. Six-point scales were used for self-ratings with 1 being the most positive option. Qualifier use did not affect then-test ratings but was associated with slightly less favorable post-test ratings. Consecutively, mean CSA gain was smaller for items containing qualifiers than for items lacking qualifiers (50.6±15.0% vs. 56.3±14.6%, p=0.079). The effect was more pronounced (Cohen's d=0.82) for items related to anatomy. In order to increase fairness of outcome-based evaluation and increase the comparability of CSA gain data across subjects, medical educators should agree on a consistent approach (qualifiers for all items or no qualifiers at all) when drafting self-rating statements for outcome-based evaluation. Copyright © 2016 Elsevier GmbH. All rights reserved.

  13. 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

  14. Investigation Procedures in Terrorist Electronic Crimes and it’s Challenges: A study in the Saudi legal system

    Directory of Open Access Journals (Sweden)

    Nehad Farouk Abbas Mohamed

    2015-05-01

    Full Text Available Rapid advances in information technology (IT form the backbone of the development of everyday life and a knowledge-based society. At present, there is more and more attention being paid to IT because of its extensive use in all spheres of life. Due to this massive cyber development, new type of crimes with complex and multifaceted nature have evolved. This is in contrast to traditional crimes from all angles, whether security or geographical based. Due to this, a number of challenges and dangers or threatening specialist judicial authorities and hamper their work and technical abilities in performing the tasks entrusted to them, particularly in crime investigation and prosecution. Because of the complex nature and detailed technical procedures applied at each stage of crime investigation, much greater efforts are required to reveal the hidden realities of an electronic crime. Therefore, investigation authorities, judiciary and other relevant bodies require an up to date knowledge of new technologies to be able to perform their allocated tasks precisely according to defined rules and regulations, and identify the perpetrator correctly.

  15. Prison nursing: legal framework and care reality

    Directory of Open Access Journals (Sweden)

    H. Carrasco-Baún

    Full Text Available Introduction: Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. Objective: To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Methodology: Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Results: Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management. Conclusion: The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

  16. Prison nursing: legal framework and care reality.

    Science.gov (United States)

    Carrasco-Baún, H

    2017-06-01

    Penitentiary Nursing has experienced during the last decades a deep transformation similar to that experienced by the rest of the Nursing. However, there is a great distance from the protective legislation. To analyze the main legal documents which regulate the functions of Penitentiary Nursing and to compare it with the health care reality of nurses in Spanish prisons. Narrative bibliographic review based on various sources such as Medline, Cuiden, Scielo, Dialnet, etc. Is selected 43 documents, due to its relevance with the theme object of study. Is rejected 4 articles for lack of the same. Analyzed documents regarding legal framework and functions of nursing in prisons in its different sections (health care, teaching, research and management). The functions currently carried out in prisons are the ones provided for by health care legislation outside the prison context, along with the internal administrative regulations established by prisons. The possibility should be reconsidered of integrating Prison Healthcare into the Public Healthcare System so as to guarantee equality of healthcare for persons deprived of liberty and to provide the same rights and obligations to health professionals working in this sector.

  17. Reliability-Based Optimization of Series Systems of Parallel Systems

    DEFF Research Database (Denmark)

    Enevoldsen, I.; Sørensen, John Dalsgaard

    1993-01-01

    Reliability-based design of structural systems is considered. In particular, systems where the reliability model is a series system of parallel systems are treated. A sensitivity analysis for this class of problems is presented. Optimization problems with series systems of parallel systems...... optimization of series systems of parallel systems, but it is also efficient in reliability-based optimization of series systems in general....

  18. Validation Of Critical Knowledge-Based Systems

    Science.gov (United States)

    Duke, Eugene L.

    1992-01-01

    Report discusses approach to verification and validation of knowledge-based systems. Also known as "expert systems". Concerned mainly with development of methodologies for verification of knowledge-based systems critical to flight-research systems; e.g., fault-tolerant control systems for advanced aircraft. Subject matter also has relevance to knowledge-based systems controlling medical life-support equipment or commuter railroad systems.

  19. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

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

  20. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

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

  1. 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)

  2. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

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

  3. 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

  4. A Survey of the doctrine of protection responsibility in the Islamic legal system with emphasis on the national security

    Directory of Open Access Journals (Sweden)

    Hossein Sartipi

    2015-04-01

    Full Text Available In spite of that international community have seen very huge progress in different aspects of international law , especially in humanitarian law , but unfortunately it is in front of a lot of big crisis yet ; these crisis had attacked the body, wealth and security of many humans and also had attacked the authority and national security of many countries. Insufficiency of humanitarian introversion and its contrary with international regulations and also insufficiency of international security had forced international jurists to open new notions as the responsibility to protect in international area. according to this theory that criticized in the articles of 138 and 139 of the 2005 world summit outcome , each country has the responsibility to protect of it nationals against Genocide , war crimes , race cleansing and crimes against humanity an in the case of failure of responsible country , international community through united nation organization has responsibility to protect of humanity by restore to peaceful diplomatic and humanitarian instruments including other peaceful instruments mentioned in the sixth and seventh chapter of the charter of the united nations against Genocide , war crimes , race cleansing and crimes against humanity . The Security Council and some countries based their actions of intervention on the responsibility to protect in the crisis such as Sudan, Iraq, former Yugoslavia and Georgia. This theory that commenced during 90th decade recognized by the 2005 and 2009 world summit outcome and also welcomed by the international community has very strong bases in Islamic rules and we can find some roots for it in holy Qur'an and holy prophets jurisprudence. it is obvious that the acceptance and applying with the responsibility to protect or non observance to it ,will influence the national and international security. جامعه بین‌المللی به‌رغم پیشرفت‌های شگرفی که در عرصه‌های

  5. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  6. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

    Directory of Open Access Journals (Sweden)

    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  7. Microprocessor based image processing system

    International Nuclear Information System (INIS)

    Mirza, M.I.; Siddiqui, M.N.; Rangoonwala, A.

    1987-01-01

    Rapid developments in the production of integrated circuits and introduction of sophisticated 8,16 and now 32 bit microprocessor based computers, have set new trends in computer applications. Nowadays the users by investing much less money can make optimal use of smaller systems by getting them custom-tailored according to their requirements. During the past decade there have been great advancements in the field of computer Graphics and consequently, 'Image Processing' has emerged as a separate independent field. Image Processing is being used in a number of disciplines. In the Medical Sciences, it is used to construct pseudo color images from computer aided tomography (CAT) or positron emission tomography (PET) scanners. Art, advertising and publishing people use pseudo colours in pursuit of more effective graphics. Structural engineers use Image Processing to examine weld X-rays to search for imperfections. Photographers use Image Processing for various enhancements which are difficult to achieve in a conventional dark room. (author)

  8. From pricing regulations of the feed-in scheme (EEG) through to financial security under the Atomic Energy Act (AtG): the German legal system for the energy sector in the context of EC legislation on state aid

    International Nuclear Information System (INIS)

    Kuehling, J.

    2001-01-01

    This contribution is a comprehensive analysis of EC law on state aid and resulting possible impacts on the German legal system for the energy sector. The analysis reveals that, depending on the legal interpretation of Art. 87 of the EC Treaty, further non-compliance issues such as that currently under debate in connection with German legislation supporting market penetration of electricity from renewable energy sources, may arise in the future. Further examples referred to are the German system of liability reserves for the decommissioning of nuclear power plants, and the system of third party liability for nuclear power plant operators. The author addresses various problem areas and uses characteristic examples in explaining conceivable matters of conflict. (orig./CB) [de

  9. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  10. Expert systems and computer based industrial systems

    International Nuclear Information System (INIS)

    Dunand, R.

    1989-01-01

    Framentec is the artificial intelligence subsidiary of FRAMATOME. It is involved in expert-system activities of Shells, developments, methodology and software for maintenance (Maintex) and consulting and methodology. Specific applications in the nuclear field are presented. The first is an expert system to assist in the piping support design prototype, the second is an expert system that assists an ultrasonic testing operator in determining the nature of a welding defect and the third is a welding machine diagnosis advisor. Maintex is a software tool to provide assistance in the repair of complex industrial equipment. (author)

  11. System architecture for microprocessor based protection system

    International Nuclear Information System (INIS)

    Gallagher, J.M. Jr.; Lilly, G.M.

    1976-01-01

    This paper discusses the architectural design features to be employed by Westinghouse in the application of distributed digital processing techniques to the protection system. While the title of the paper makes specific reference to microprocessors, this is only one (and the newest) of the building blocks which constitutes a distributed digital processing system. The actual system structure (as realized through utilization of the various building blocks) is established through considerations of reliability, licensability, and cost. It is the intent of the paper to address these considerations licenstions as they relate to the architectural design features. (orig.) [de

  12. Legal study on water environmental protection of Three Gorges Reservoir Area

    Institute of Scientific and Technical Information of China (English)

    DENG He

    2007-01-01

    Water environment security of the Three Gorges Reservoir Area has become a more extensive concern since the impoundment of the reservoir. This paper describes the existing water environmental hazards and defects in current legal system for water environmental protection in this area, and also discusses their possible causes and potential problems in the future based on first hand materials and other literature. According to the theories of integrated river basin management and environmental equity principle, legal proposals are put forward, which include building an unitary legal system dedicated to the Reservoir Area, setting up a basin authority of the Yangtze River to preside over the resources protection and development, using interests' compensation system to solve interest conflicts among different reaches, and making concrete regulations to direct public participation in water environmental security protection of the Three Gorges Reservoir Area.

  13. BASE DE DADOS TERRITORIAIS NECESSÁRIAS À ANÁLISE DE UM SISTEMA DE RESERVA LEGAL EXTRA-PROPRIEDADE NO ESTADO DE GOIÁS

    Directory of Open Access Journals (Sweden)

    Manuel Eduardo Ferreira

    2007-06-01

    Full Text Available O presente estudo teve por objetivo geral a compilação ecaracterização das bases de dados utilizadas no âmbitodo projeto “Cenários Econômicos para a Troca de ReservaLegal Extra-Propriedade no Estado de Goiás”. Maisespecificamente, realizou-se uma análise de índicessócio-econômicos e de cobertura vegetal remanescentepara uma malha hexagonal adotada pelo projeto, perfazendotodo o Estado. Dentre os resultados principais,destaca-se atual aspecto negativo da paisagem de Cerradoem Goiás, tanto em termos de Estado (45% da áreaoriginal convertida em pastagens e 18% em agricultura,municípios (85% com passivos ambientais e de mesoregião(Centro e Sul Goiano com menos de 20% de coberturavegetal nativa. Quanto aos índices sociais (IDH,GINI, Pobreza e Densidade Populacional, fica demonstradoque o desenvolvimento em Goiás, ainda longe deser sustentável em termos ambientais, é maior em áreascom atividades agrícolas intensas, como nas meso-regiõesSul e Centro Goiano, e menor ao Norte e Nordeste doestado, onde estão concentradas as maiores proporçõesde pobres, concentração de renda e, curiosamente, remanescentesde Cerrado. Este estudo indica a adoção depráticas econômicas para a manutenção/regeneração dabiodiversidade do bioma Cerrado, complementar ao respeitodas Áreas de Preservação Permanente, sobretudoàquelas com função ripária aos cursos hidrográficos.

  14. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  15. Counterterrorism in the Russian Arctic: legal framework and central actors

    Directory of Open Access Journals (Sweden)

    Ingvill M. Elgsaas

    2017-12-01

    Full Text Available Russia’s strategic interests in the Arctic coupled with a complex and diffuse terrorist threat has produced a niche topic: Arctic counterterrorism. Arctic counterterrorism is a new and underdeveloped topic that has received only limited attention. This article contributes a discussion of the legal framework and the main actors involved in countering terrorism in the Russian Arctic. The author finds that the legal framework for counterterrorism is extensive yet centered in core documents. Similarly, counterterrorism involves many and varied actors united in a relatively simple and streamlined national system for counterterrorism. Current legal regulation and organisation provide a solid base that may support efficient management of counterterrorism, also in the Arctic. A notable strength is the concentration of coordination responsibilities in the hands of one central actor, the FSB. Another important characteristic is that the system is symmetrical and follows Russia’s federal organisation with coordinating bodies for all regions including those in the Arctic. Counterterrorism legislation is kept up to date and the trend is towards tougher punishments and a wide understanding of terrorist offenses. A potential weak spot is the unclear role of the newly formed National Guard. The uncertainty surrounding the role of the National Guard in the fight against terrorism may challenge the FSB and weaken coordination of the system for counterterrorism in the future.

  16. Digital time stamping system based on open source technologies.

    Science.gov (United States)

    Miskinis, Rimantas; Smirnov, Dmitrij; Urba, Emilis; Burokas, Andrius; Malysko, Bogdan; Laud, Peeter; Zuliani, Francesco

    2010-03-01

    A digital time stamping system based on open source technologies (LINUX-UBUNTU, OpenTSA, OpenSSL, MySQL) is described in detail, including all important testing results. The system, called BALTICTIME, was developed under a project sponsored by the European Commission under the Program FP 6. It was designed to meet the requirements posed to the systems of legal and accountable time stamping and to be applicable to the hardware commonly used by the national time metrology laboratories. The BALTICTIME system is intended for the use of governmental and other institutions as well as personal bodies. Testing results demonstrate that the time stamps issued to the user by BALTICTIME and saved in BALTICTIME's archives (which implies that the time stamps are accountable) meet all the regulatory requirements. Moreover, the BALTICTIME in its present implementation is able to issue more than 10 digital time stamps per second. The system can be enhanced if needed. The test version of the BALTICTIME service is free and available at http://baltictime. pfi.lt:8080/btws/ and http://baltictime.lnmc.lv:8080/btws/.

  17. 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.

  18. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

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

  19. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

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

  20. Crisis del Sistema Jurìdico Mexicano: entre la Reforma Penal y los Actores Sociales Contestatarios (Crisis of the Mexican Legal System: Between Penal Reform and Social Actors Protesters

    Directory of Open Access Journals (Sweden)

    Alicia Hernández De Gante

    2016-09-01

    Full Text Available Global economic conditions exert pressure on states, particularly for those who are linked to free trade agreements. Mexico, with the risk of being left out of these processes, has made a series of important reforms in its legislation to attract capital and to ensure cheap labor force. The legal system, from 2007, has been particularly reformed, not only to ensure the safety and enforcement of justice, by protecting human rights in their constitutional essence but also to generate expectations for capital investment. These and other reforms, as well as new institutions, have been very far from solving some serious national problems, such as social impoverishment, organized crime and insecurity. Under the law of the strongest, social movements are criminalized and the new players organized in community police and self-defense groups call into question the monopoly of the use of state violence disputing control of areas overwhelmed with violence. At this point, the objective pursued, based on a careful analysis, is to demonstrate the evident crisis and failure of the Mexican legal system, and the need to reform it given the globalization processes. Las condiciones globales económicas ejercen presión sobre los Estados, particularmente, en aquellos que están vinculados a los tratados de libre comercio. México, ante el riesgo de quedar al margen de estos procesos, ha realizado una importante serie de reformas en su legislación para atraer capitales y asegurar mano de obra barata. El sistema jurídico, a partir de 2007, ha sido particularmente reformado, no sólo para garantizar la seguridad e impartición de justicia, protegiendo los derechos humanos en su esencia constitucional, sino también para generar expectativas de seguridad para la inversión de capitales. Estas y otras reformas, así como sus nuevas instituciones, han estado muy lejos de solucionar parte de los graves problemas nacionales, como la delincuencia organizada y la

  1. 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.

  2. Legal Regulation of Franchise in Latvia and Abroad

    OpenAIRE

    Viktorija Jarkina

    2009-01-01

    Abstract This doctoral thesis is a scientific study “Legal Regulation of Franchise in Latvia and Abroad” which analyses in detailed and systematic manner peculiarities and trends of development of legal franchise regulation in the countries of the world, as well as issues of legal qualification and content of the franchise agreement in the context of Romanic-Germanic system of law. The theoretical basis of the study is scientific works of renowned experts of law, articles...

  3. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  4. In the context of both International law and the application of Islamic Sharia Law, how effective have Kuwait and the Kuwaiti legal system been in addressing, preventing and combating human trafficking?

    OpenAIRE

    MEZHI MEJBEL MEZHI BATHAL ALRASHEDI, ALI

    2017-01-01

    This thesis answers the question of how effective Kuwait and the Kuwaiti legal system have been in addressing, preventing, and combating human trafficking in the context of both international law and the application of Islamic Sharia Law (ISL). The thesis is concerned with trafficking in persons with a particular focus on trafficking to exploit labour in Kuwait as compared to the five other Arab countries in the Gulf Cooperation Council (GCC). The GCC countries are parties to the main interna...

  5. The Economic Effects of Providing Legal Status to DREAMers

    OpenAIRE

    Ortega, Francesc; Edwards, Ryan; Hsin, Amy

    2018-01-01

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

  6. 互联网众筹融资的《证券法》适用问题研究%The Legal Research on Internet-based Crowdfunding and The Security Law

    Institute of Scientific and Technical Information of China (English)

    刁文卓

    2015-01-01

    Crowdfunding ,the use of Internet to raise money through small contributions from a large number of investors ,could cause a revolution in small‐business financing .However ,crowdfunding also poses some problems under The Interpretation of the Supreme People's Court of Several Issues on the SpecificApplicationofLawintheHandlingofCriminalCasesaboutIllegalFund‐raising.Inthisarti‐cle ,the author proposed that crowdfunding sometimes involves the sale of securities ,triggering the regis‐tration requirements of T he Security L aw .As a result ,the definition of security should be enlarged under The Security Law .We need to learn overseas experience represented by the JOBS Act ,and accurately de‐fine the legal status and characteristics of crowdfunding .We also need to make the appropriate response to the legal structure and regulatory system of crowdfunding based on the proper coordination between the capital formation and investor protection .%众筹融资作为一种处于萌芽期的互联网金融模式,由于面临数量众多的投资者且融资金额较大,极易触碰非法集资的红线。通过分析,众筹融资本质是一种证券发行行为,筹资者、众筹平台、投资人这三方参与主体分别对应着发行人、证券交易所和投资者这三种《证券法》下的特定主体。但由于我国《证券法》的适用范围过窄,导致众筹融资无法适用《证券法》而被冠以“非法集资”的罪名。因此,扩大“证券”的范围是为众筹融资“正名”的直接途径,同时借鉴美国2012年JOBS法案中对众筹融资注册豁免的经验,在妥善协调资本形成与投资者保护关系的基础上,针对众筹融资的法律构造和监管制度作出相应的回应。

  7. The Current State of the System of Mechanisms of Realisation and Protection of the Rights of the Child: Conceptual and Legal Aspects

    Science.gov (United States)

    Drozdova, Alexandra Michailowna; Gulakova, Violetta Yurevna; Ivanchenko, Elena Anatolevna; Lesnichenko, Inna Pavlovna; Tereshchenko, Elena Anatolevna

    2016-01-01

    The article is devoted to the analytical understanding of the problems in the field of realisation and protection of the rights of children in Russia to identify and highlight existing problems in order to try to remove shortcomings and embark on further development and improvement of the legal and social mechanisms for the protection of…

  8. Do privacy and data protection rules apply to legal persons and should they? A proposal for a two-tiered system

    NARCIS (Netherlands)

    van der Sloot, B.

    2015-01-01

    Privacy and data protection rules are usually said to protect the individual against intrusive governments and nosy companies. These rights guarantee the individual's freedom, personal autonomy and human dignity, among others. More and more, however, legal persons are also allowed to invoke the

  9. LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhoshev

    2014-10-01

    Full Text Available Mediation as an alternative dispute resolution enables faster, more efficient and less costly resolution of disputes in relation to the proceedings. Its operation is based on the following principles: voluntary, equality of the parties, neutrality of the mediator, exclusion of the public, efficiency of the procedure, confidentiality of information, fairness. In Macedonia the mediation as an alternative dispute resolution was introduced by the Law on Mediation in 2006. However, besides this law, the resolution of disputes by mediation is regulated by other special laws such as the Family Law Act, Consumer Law, the Juvenile Justice, Law for the peaceful resolution of labor disputes, etc.. For effective functioning of the mediation, except legal regulation of mediation, and established appropriate institutional framework is an important link for a successful mediation. The institutional framework of mediation includes: Ministry of Justice - Sector for Mediation, Board for Mediation, the Mediators Chamber of Macedonia and mediator. All the above institutions have proper function in the system of mediation and their jurisdiction is governed normative-legal. The legal and institutional framework actually consists of mediation system in the country and represent a whole.

  10. Energy transition and legal transition: renewable energies development in France

    International Nuclear Information System (INIS)

    Darson, Alice

    2015-01-01

    The way to an energy transition will be reached with an integration of renewable energies in our energy mix. This development includes a legal transition because the current legal context that applies to green energies is not efficient and does not contribute to this emergency. Changing the legal frame becomes a necessity and particularly the way these energies are governed, planned and supported. It's also important that administrative procedures that regulate the implantation of energies production system are set. At last, this legal transition will have to conciliate imperatives linked to the development of renewable energies with those governing the protection of surroundings, all aiming to a sustainable development. (author) [fr

  11. The new legal basis of the EU's energy policy; La nouvelle base juridique de la politique energetique de l'UE

    Energy Technology Data Exchange (ETDEWEB)

    Farantouris, N.E. [Universite du Piree, Dept. d' Etudes Internationales et Europeennes (Greece)

    2011-01-15

    According to article 194 of the EU Lisbon Treaty, energy now falls within the province of European policy and is a sector for shared responsibility with member countries, in the same way as for the environment, transportation, the interior market and trans-European networks (article 4 of the Lisbon Treaty). The introduction in the Treaty of a chapter devoted to energy clearly has a political emphasis, as its shows the EU's attachment to the implementation of a coherent policy. However, its enactment carries with it not insignificant legal changes, because a specific and autonomous legal basis is established for the first time, thus allowing the Union to take decisions and actions in the area of energy. (author)

  12. Geneletter: An Internet-based newsletter on the ethical, legal, and social implications of genetics. Final report to the Department of Energy [Final report

    Energy Technology Data Exchange (ETDEWEB)

    Reilly, Philip; Wertz, Dorothy C.

    2001-05-01

    The GeneLetter (http://www.geneletter.org) is an Internet newsletter on ethical, legal, and social issues in genetics, designed for a wide and varied audience, some of whom may not be familiar with genetic science. It appears every two months, with a variety of long and short feature articles on ethics and on genetic disorders, a section on new federal and state legislation, an international section, a student corner, book and video reviews, a summary of genetics in the news, and a list of upcoming conferences. Feature articles have ventured into an area of wide general concern, behavioral genetics. The newsletter also has an interactive chatbox and the opportunity of more private communications with the editors via email. The purpose of the GeneLetter is to help fill a communication and knowledge gap on ethical, legal and social issues surrounding genetics.

  13. Web Based Project Management System

    OpenAIRE

    Aadamsoo, Anne-Mai

    2010-01-01

    To increase an efficiency of a product, nowadays many web development companies are using different project management systems. A company may run a number of projects at a time, and requires input from a number of individuals, or teams for a multi level development plan, whereby a good project management system is needed. Project management systems represent a rapidly growing technology in IT industry. As the number of users, who utilize project management applications continues to grow, w...

  14. Legal aspects of transfrontier air pollution

    International Nuclear Information System (INIS)

    Rauschning, D.

    1986-01-01

    This contribution deals with the technical developments and the necessary adaptation of the legal and social systems in the various states. The author first discusses provisions of international law with regard to giving proof of environmental pollution caused by a neighbour state. He then deals with the legal aspects of long-distance air pollution. Finally, the Federal German substantial air pollution control law and relevant licensing provisions are taken as an example to show how the Federal Republic of Germany comes up to the obligations set by international law, to provide for due protection of the environment in neighbour states. (orig./HSCH) [de

  15. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

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

  16. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

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

  17. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

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

  18. 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

  19. A critique of cannabis legalization proposals in Canada.

    Science.gov (United States)

    Kalant, Harold

    2016-08-01

    An editorial in this issue describes a cannabis policy framework document issued by a major Canadian research centre, calling for legalization of non-medical use under strict controls to prevent increase in use, especially by adolescents and young adults who are most vulnerable to adverse effects of cannabis. It claims that such a system would eliminate the severe personal, social and monetary costs of prohibition, diminish the illicit market, and provide more humane management of cannabis use disorders. It claims that experience with regulation of alcohol and tobacco will enable a system based on public health principles to control access of youth to cannabis without the harm caused by prohibition. The present critique argues that the claims made against decriminalization and for legalization are unsupported, or even contradicted, by solid evidence. Early experience in other jurisdictions suggests that legalization increases use by adolescents and its attendant harms. Regulation of alcohol use does not provide a good model for cannabis controls because there is widespread alcohol use and harm among adolescents and young adults. Government monopolies of alcohol sale have been used primarily as sources of revenue rather than for guarding public health, and no reason has been offered to believe they would act differently with respect to cannabis. Good policy decisions require extensive unbiased information about the individual and social benefits and costs of both drug use and proposed control measures, and value judgments about the benefit/harm balance of each option. Important parts of the necessary knowledge about cannabis are not yet available, so that the value judgments are not yet possible. Therefore, a better case can be made for eliminating some of the harms of prohibition by decriminalization of cannabis possession and deferring decision about legalization until the necessary knowledge has been acquired. Copyright © 2016 Elsevier B.V. All rights reserved.

  20. Los sistemas normativos indígenas en el marco del pluralismo jurídico. Un análisis desde los derechos indígenas = The right to the indigenous legal systems under the legal pluralism. An analysis from a right perspective

    Directory of Open Access Journals (Sweden)

    Asier Martínez de Bringas

    2013-01-01

    Full Text Available Este artículo se estructura en cuatro grandes momentos. Un primer momento, en donde establecer las condiciones para fijar el fundamento de un posible derecho a los que hemos llamado Sistemas Normativos Indígenas (SIN como referente fundamental para definir el Pluralismo Jurídico. Un segundo momento, en el que situar el concepto de justicia indígena en el discurso de los derechos humanos, teniendo en cuenta tanto referencias constitucionales de América Latina (Bolivia, Ecuador, Bolivia como del Sistema Internacional de derechos humanos. Es aquí en donde pondremos los SNI en conexión con una serie de principios básicos como son: el derecho a la cultura propia; el derecho a la autonomía; la necesaria coordinación entre jurisdicción indígena y estatal; el necesario vínculo de la justicia indígena con los derechos humanos; y el vínculo esencial entre el derecho indígena y sus tierras, territorios y recursos naturales. Un tercer momento en el que se establecen especificaciones y complementos al intento de fundamentar el derecho a los SNI, pero desde los pronunciamientos, informes, sentencias, ajustes jurídicos para entender los derechos de los pueblos indígenas, realizados por otros operadores jurídicos en el marco del espacio regional de protección de los derechos humanos: la OEA, y especialmente, a partir de intervenciones de la Corte y la Comisión Interamericana de derechos humanos, así como de referencias constitucionales latinoamericanas. Estos pronunciamientos e intervenciones funcionan como resortes jurídicos que complementan la construcción de un discurso jurídico de derechos humanos en relación a los pueblos indígenas, y muy especialmente, refuerzan el derecho a los SNI. This article is divide into four great moments. Initially, in which to establish the conditions to set the foundations for a possible right to Indigenous Legal Systems (ILS as a fundamental reference for defining Legal Pluralism. A second time

  1. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  2. Development of web based system for internal monitoring programme

    Energy Technology Data Exchange (ETDEWEB)

    Lima, Vanessa R. de; Rodrigues Junior, Orlando; Todo, Alberto S. [Instituto de Pesquisas Energeticas e Nucleares (IPEN/CNEN-SP), Sao Paulo, SP (Brazil)]. E-mail: vrlima@ipen.br; rodrijr@ipen.br; astodo@ipen.br

    2007-07-01

    The purposes of monitoring in general are to verify and to document that each worker is protected adequately against risks from radionuclide intakes and the protection complies with legal requirements. Therefore, it forms part of the overall radiation protection programme, which starts with an assessment to identify work situations in which there is a risk of internal contamination of workers and to quantify the likely intake of radioactive material and the resulting committed effective dose. As a part of a continuous improvement of the monitoring programme for occupationally exposed workers at IPEN, it is being developed a Web based system to access the internal dosimetry database. The system was implemented using Hypertext Preprocessor, PHP, and a PostgreSQL database. This system will introduce a new paradigm in the routine of the internal dosimetry service, providing a fast access to the information among the measurement laboratories staff, dose evaluation group and the radiation protection supervisor. The database maintains information about worker identification, physical and chemical characteristics of the radionuclide, type of monitoring, measurement data and the dose. Moreover, this information will be readily available to provide support for regulatory compliance and quality control requirements. (author)

  3. Development of Web based system for individual internal monitoring programme

    International Nuclear Information System (INIS)

    Lima, Vanessa Rogeria de

    2007-01-01

    The purposes of the internal monitoring, in general, are to verify and document that each worker is protected adequately against risks from radionuclide intakes and the protection complies with legal requirements. Therefore, an overall radiation protection programme, starts with an assessment to identify work situations in which there is a risk of internal contamination of workers and to quantify the likely intake of radioactive material and the resulting committed effective dose. As a part of a continuous improvement of the monitoring programme for occupationally exposed workers at IPEN, it is being developed a Web based system to access the internal dosimetry database. The system was implemented using Hypertext Preprocessor, PHP, and a PostgreSQL database. This system will introduce a new paradigm in the routine of the internal dosimetry service, providing a fast access to the information among the measurement laboratories staff, dose evaluation group and the radiation protection supervisor. The database maintains information about worker identification, physical and chemical characteristics of the radionuclide, type of monitoring, measurement data and the dose. Moreover, this information will be readily available to provide support for regulatory compliance and quality control requirements. (author)

  4. [Information technology in medicine - some legal observations].

    Science.gov (United States)

    Siegal, Gil

    2013-05-01

    Information Technology (IT) and computing capabilities are revolutionizing the practice of medicine in an unprecedented way. Some current legal and ethical concerns evolving from this revolution are addressed, pointing to the emerging concepts in Israeli jurisprudence, which regards medical IT as an important contribution to patient empowerment, to medical risk management and in managing the resources of a national health system.

  5. Development Methodology for an Integrated Legal Cadastre

    NARCIS (Netherlands)

    Hespanha, J.P.

    2012-01-01

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

  6. Software piracy: Physical and legal protection methods

    Energy Technology Data Exchange (ETDEWEB)

    Orlandi, E

    1991-02-01

    Advantages and disadvantages, in terms of reliability and cost, are assessed for different physical and legal methods of protection of computer software, e.g., encryption and key management. The paper notes, however, that no protection system is 100% safe; the best approach is to implement a sufficient amount of protection such as to make piracy uneconomical relative to the risks involved.

  7. The Private Legal Governance of Domain Names

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2015-01-01

    . the UDRP (WIPO) and the Danish Complaints Board for Internet Domain Names (the Board) to discuss how and to what extent the domain name system balances interests between trademark owners and other users of domain names and secures the rule of law (legal certainty and predictability) with a special focus...

  8. Arduino Based Infant Monitoring System

    Science.gov (United States)

    Farhanah Mohamad Ishak, Daing Noor; Jamil, Muhammad Mahadi Abdul; Ambar, Radzi

    2017-08-01

    This paper proposes a system for monitoring infant in an incubator and records the relevant data into a computer. The data recorded by the system can be further referred by the neonatal intensive care unit (NICU) personnel for diagnostic or research purposes. The study focuses on designing the monitoring system that consists of an incubator equipped with humidity sensor to measure the humidity level, and a pulse sensor that can be attached on an infant placed inside the incubator to monitor infant’s heart pulse. The measurement results which are the pulse rate and humidity level are sent to the PC via Arduino microcontroller. The advantage of this system will be that in the future, it may also enable doctors to closely monitor the infant condition through local area network and internet. This work is aimed as an example of an application that contributes towards remote tele-health monitoring system.

  9. Chinese legal texts – Quantitative Description

    Directory of Open Access Journals (Sweden)

    Ľuboš GAJDOŠ

    2017-06-01

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

  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. Microprocessor based systems for the higher technician

    CERN Document Server

    Vears, RE

    2013-01-01

    Microprocessor Based Systems for the Higher Technician provides coverage of the BTEC level 4 unit in Microprocessor Based Systems (syllabus U80/674). This book is composed of 10 chapters and concentrates on the development of 8-bit microcontrollers specifically constructed around the Z80 microprocessor. The design cycle for the development of such a microprocessor based system and the use of a disk-based development system (MDS) as an aid to design are both described in detail. The book deals with the Control Program Monitor (CP/M) operating system and gives background information on file hand

  12. Theoretical Review on Indonesian Academic Legal Education in Conjunction with ASEAN Economic Community Era

    Directory of Open Access Journals (Sweden)

    Ariawan Gunandi

    2014-12-01

    Full Text Available Indonesia will be welcoming the ASEAN Economic Community in 2015 as a multilateral agreement to create integrated regions such as: (a a single market and production base, (b a highly competitive economic region, (c a region of equitable economic development, and (d a region fully integrated into the global economy. These characteristics are interrelated and mutually reinforcing in a sense that overall development would not be complete without total completion of the previous sector. This article discusses the participation of Indonesia as part of ASEAN as a single market and production base, through free flow of services which targets higher education in law. The author researched that Indonesian higher education system still faces issues, especially in legal education. Compared to other states that manages higher education in a relatively guided term, Indonesian legal education is still regulated generally by the government, operated by state and private educational entity, and further trained by profession organization. Indonesian legal education standard has not been supported by proper accreditation bureaucracy from BAN-PT or fair treatment from the government between state and private university. As a result, the quality of Indonesian law graduate still varies. Indonesian legal education is special in nature since it is considered profession and regulated by code of ethic. According to the author, legal education should be integrated with profession organization so that upon graduation, law graduates can directly conduct internship according to their desired profession and compete against ASEAN law graduates.

  13. Legal questions of indemnification after revocation of nuclear operating licenses

    International Nuclear Information System (INIS)

    Schoch, F.

    1990-01-01

    The contribution presents the 'Model of possessory rights in nuclear law' and deals with the legal framework and the system of legal and economic protection of possession. The chapter 'Questions of indemnification' portrays the liability to compensate and the exemption from compensation. (RST) [de

  14. Referendum 1978 - Nuclear power plant ban Act 1978 - legal consequences

    International Nuclear Information System (INIS)

    Staudinger, F.

    1981-10-01

    This paper discusses the legal consequences of the 1978 Act banning nuclear power production. It provides a summary outline of the relevant rules of the Austrian Constitution and reviews the legal basis for the organisation of the national electricity system. (NEA) [fr

  15. Using Scaffolding to Improve Student Learning in Legal Environment Courses

    Science.gov (United States)

    May, Diane

    2014-01-01

    Students taking the initial legal environment course in a business school generally have little background in the law. Most of these students are learning new terms and are exposed to the workings of the legal system and statutes and cases for the first time. Some students have characterized learning the law as like "learning a new…

  16. Transforming the Legal Studies Classroom: Clickers and Engagement

    Science.gov (United States)

    Park, Susan; Farag, Denise

    2015-01-01

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

  17. 48 CFR 13.004 - Legal effect of quotations.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Legal effect of quotations... CONTRACTING METHODS AND CONTRACT TYPES SIMPLIFIED ACQUISITION PROCEDURES 13.004 Legal effect of quotations. (a) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a...

  18. Expert system for web based collaborative CAE

    Science.gov (United States)

    Hou, Liang; Lin, Zusheng

    2006-11-01

    An expert system for web based collaborative CAE was developed based on knowledge engineering, relational database and commercial FEA (Finite element analysis) software. The architecture of the system was illustrated. In this system, the experts' experiences, theories and typical examples and other related knowledge, which will be used in the stage of pre-process in FEA, were categorized into analysis process and object knowledge. Then, the integrated knowledge model based on object-oriented method and rule based method was described. The integrated reasoning process based on CBR (case based reasoning) and rule based reasoning was presented. Finally, the analysis process of this expert system in web based CAE application was illustrated, and an analysis example of a machine tool's column was illustrated to prove the validity of the system.

  19. Citing Legal Material in APA Journals.

    Science.gov (United States)

    Osborne, Allan G., Jr.

    1992-01-01

    Guidelines are offered to authors on the correct citation format for legal references, including statutes and regulations, court decisions, and law review articles. Standards are based on those published by the Harvard Law Review Association and the American Psychological Association. (DB)

  20. Laser-based agriculture system

    KAUST Repository

    Ooi, Boon S.

    2016-03-31

    A system and method are provided for indoor agriculture using at least one growth chamber illuminated by laser light. In an example embodiment of the agriculture system, a growth chamber is provided having one or more walls defining an interior portion of the growth chamber. The agriculture system may include a removable tray disposed within the interior portion of the growth chamber. The agriculture system also includes a light source, which may be disposed outside the growth chamber. The one or more walls may include at least one aperture. The light source is configured to illuminate at least a part of the interior portion of the growth chamber. In embodiments in which the light source is disposed outside the growth chamber, the light source is configured to transmit the laser light to the interior portion of the growth chamber via the at least one aperture.

  1. Laser-based agriculture system

    KAUST Repository

    Ooi, Boon S.; Wong, Aloysius Tze; Ng, Tien Khee

    2016-01-01

    A system and method are provided for indoor agriculture using at least one growth chamber illuminated by laser light. In an example embodiment of the agriculture system, a growth chamber is provided having one or more walls defining an interior portion of the growth chamber. The agriculture system may include a removable tray disposed within the interior portion of the growth chamber. The agriculture system also includes a light source, which may be disposed outside the growth chamber. The one or more walls may include at least one aperture. The light source is configured to illuminate at least a part of the interior portion of the growth chamber. In embodiments in which the light source is disposed outside the growth chamber, the light source is configured to transmit the laser light to the interior portion of the growth chamber via the at least one aperture.

  2. Agent based energy management systems

    Energy Technology Data Exchange (ETDEWEB)

    Wolter, Martin

    2012-07-01

    In liberalized, regulated energy markets, the different participants - namely producers and consumers of energy, transmission and distribution system operators as well as regulatory authorities - have partly divergent and partly convergent interests. Loads, power plants and grid operators try to maximize their own benefit in this highly complex environment accepting to act detrimentally to others. Although the relationship between the participants is mostly competitive, there are some fundamental shared interests, e.g. voltage stability, a constant system frequency or efficient energy production, transmission and distribution, which are endangered e.g. by increased injection of volatile sources in low and medium voltage grids, displacement of stabilizing bulk generation and the slowly progressing extension of the electric grid. There is a global consensus, that the resulting challenges can efficiently be faced using information and communication technologies to coordinate grid utilization and operation. The basic idea is to benefit from unused reserves by participating in deployment of system services e.g. reactive power supply to keep the voltage within certain bounds. The coordination can best be done by the grid operator. All activities of that kind are summarized under the umbrella term ''Smart Grid''. To simultaneously model the behavior and interests of different types of market participants and their convergent and divergent interests, multi-agent systems are used. They offer a perfectly fitting framework for this sort of game theory and can easily be adapted to all kinds of new challenges of electricity markets. In this work, multi-agent systems are used to either cooperatively or competitively solve problems in distribution and transmission systems. Therefore, conventional algorithms have to be modified to converge into multiple local optima using only small pieces of the entire system information. It is clearly stated, that personal

  3. Smartphones Based Mobile Mapping Systems

    Directory of Open Access Journals (Sweden)

    A. Al-Hamad

    2014-06-01

    Full Text Available The past 20 years have witnessed an explosive growth in the demand for geo-spatial data. This demand has numerous sources and takes many forms; however, the net effect is an ever-increasing thirst for data that is more accurate, has higher density, is produced more rapidly, and is acquired less expensively. For mapping and Geographic Information Systems (GIS projects, this has been achieved through the major development of Mobile Mapping Systems (MMS. MMS integrate various navigation and remote sensing technologies which allow mapping from moving platforms (e.g. cars, airplanes, boats, etc. to obtain the 3D coordinates of the points of interest. Such systems obtain accuracies that are suitable for all but the most demanding mapping and engineering applications. However, this accuracy doesn't come cheaply. As a consequence of the platform and navigation and mapping technologies used, even an "inexpensive" system costs well over 200 000 USD. Today's mobile phones are getting ever more sophisticated. Phone makers are determined to reduce the gap between computers and mobile phones. Smartphones, in addition to becoming status symbols, are increasingly being equipped with extended Global Positioning System (GPS capabilities, Micro Electro Mechanical System (MEMS inertial sensors, extremely powerful computing power and very high resolution cameras. Using all of these components, smartphones have the potential to replace the traditional land MMS and portable GPS/GIS equipment. This paper introduces an innovative application of smartphones as a very low cost portable MMS for mapping and GIS applications.

  4. Smartphones Based Mobile Mapping Systems

    Science.gov (United States)

    Al-Hamad, A.; El-Sheimy, N.

    2014-06-01

    The past 20 years have witnessed an explosive growth in the demand for geo-spatial data. This demand has numerous sources and takes many forms; however, the net effect is an ever-increasing thirst for data that is more accurate, has higher density, is produced more rapidly, and is acquired less expensively. For mapping and Geographic Information Systems (GIS) projects, this has been achieved through the major development of Mobile Mapping Systems (MMS). MMS integrate various navigation and remote sensing technologies which allow mapping from moving platforms (e.g. cars, airplanes, boats, etc.) to obtain the 3D coordinates of the points of interest. Such systems obtain accuracies that are suitable for all but the most demanding mapping and engineering applications. However, this accuracy doesn't come cheaply. As a consequence of the platform and navigation and mapping technologies used, even an "inexpensive" system costs well over 200 000 USD. Today's mobile phones are getting ever more sophisticated. Phone makers are determined to reduce the gap between computers and mobile phones. Smartphones, in addition to becoming status symbols, are increasingly being equipped with extended Global Positioning System (GPS) capabilities, Micro Electro Mechanical System (MEMS) inertial sensors, extremely powerful computing power and very high resolution cameras. Using all of these components, smartphones have the potential to replace the traditional land MMS and portable GPS/GIS equipment. This paper introduces an innovative application of smartphones as a very low cost portable MMS for mapping and GIS applications.

  5. Attitudes of European physiotherapy students towards their chosen career in the context of different educational systems and legal regulations pertaining to the practice of physiotherapy: implications for university curricula.

    Science.gov (United States)

    Gotlib, Joanna; Białoszewski, Dariusz; Opavsky, Jaroslav; Garrod, Rachel; Fuertes, Nicolas Estévez; Gallardo, Lucia Pérez; Lourido, Berta Paz; Monterde, Sonia; Serrano, Carmen Suarez; Sacco, Marc; Kunicka, Irena

    2012-03-01

    Differences in the organisation of educational systems and regulations pertaining to the practice of a profession can influence the attitudes of students towards their chosen career and their perceptions of employment possibilities. The aim of this paper was to discuss the different educational systems and legal regulations pertaining to the practice of physiotherapy in selected countries of the European Union (EU), and to present some conclusions regarding the influence of these differences on the perceptions of first-year physiotherapy students on their chosen career. Quantitative questionnaire-based study. Twenty-one university-level schools in the Czech Republic, Latvia, Malta, Poland, Spain and the U.K. Six hundred and sixty-seven first-year physiotherapy students. The mean response rate was 74%. Most students (79%) reported that a personal interest was the main reason why they had decided to study physiotherapy (79%). Most students from Spain and the Czech Republic reported that, on completion of their studies, they would like to work as physiotherapists (61/120, 51% Czech Republic; 140/250, 56% Spain), compared with only 4% of Polish students (Pstudents from Poland and Spain were not familiar with employment opportunities in their respective countries (202/250, 81% Spain; 212/250, 85% Poland), and claimed that it is difficult to find employment as a physiotherapist in their country. Most students from the Czech Republic, Latvia, Malta, Poland, Spain and the U.K. claimed that it is easy to find a job in other EU countries. Most physiotherapy students chose their course because of an interest in physiotherapy. They were not familiar with employment possibilities for graduates, and believed that it is easier to find work in other EU countries. Both factors may further aggravate the problem of unemployment among physiotherapists. Copyright © 2011 Chartered Society of Physiotherapy. Published by Elsevier Ltd. All rights reserved.

  6. Liability of land transportation of fuels from the perspective of Brazilian legal system; Responsabilidade civil dos transportadores terrestres de combustiveis a luz do ordenamento juridico brasileiro

    Energy Technology Data Exchange (ETDEWEB)

    Azevedo, Gabrielle Trindade Moreira de; Soares, Pedro Lucas de Moura [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    The article explains about the assumptions of liability - injury, illicit act and the causation between them - and the strands that give ground, namely the subjective and objective liability. Finally, we examine the legal framework on land transportation of fuels, applying to it device relating to civil liability, determining the ways to responsibility the transportation company, in each of the modality of land transportation, which are the road, railway and by using pipes.

  7. Hacia un nuevo sistema europeo de protección de datos : las claves de la reforma = Towards a new data protection european legal system : the keys of the reform

    Directory of Open Access Journals (Sweden)

    Artemi Rallo Lombarte

    2012-09-01

    reglas procesales y jurisdiccionales. Por último, la nueva normativa busca reforzar una estrategia preventiva eficaz que contemple la protección de la privacidad desde el diseño y por defecto, mediante evaluaciones de impacto, con la existencia de delegados de protección de datos y, ante las transferencias internacionales, reconociendo jurídicamente el valor de las normas corporativas vinculantes. The European Commission has presented legislative initiatives aimed at reforming the European legal system for data protection: a draft General Data Protection Regulation and a draft Directive in the area of Police and Criminal Justice. These proposals represent a comprehensive European data protection legal system review because they support on the basis of a different standard-setting instrument versus the previous Directive 95/46 and addresses new issues which were not being satisfactorily resolved by current rules (for example, the impact of new technologies and the Internet. These initiatives are called to revolutionize the global European data protection framework and make a special impact in the Spanish legal system because of the direct and immediate application of European Regulation and providing new rights to citizens. This new European data protection regulation is marked by a clear trend towards European centralization as evidenced with the strengthening of the powers of the European Commission through the use of the delegated and implementing acts, with the laying down of a common system of penalties which strengthens the repressive policy, with the recognizing of new powers to current institutions and organizations as the European Data Protection Board and the Data Protection European Supervisor and with the forecast of new European procedures for cooperation and consistency to ensure mutual assistance, joint investigations and, ultimately, effective European harmonisation. In addition, this new European framework seeks to address the technological

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

    Science.gov (United States)

    Hall, John T.; Ferguson, Rowan

    2000-01-01

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

  9. Consent Based Verification System (CBSV)

    Data.gov (United States)

    Social Security Administration — CBSV is a fee-based service offered by SSA's Business Services Online (BSO). It is used by private companies to verify the SSNs of their customers and clients that...

  10. [Marketability of food supplements - criteria for the legal assessment].

    Science.gov (United States)

    Breitweg-Lehmann, Evelyn

    2017-03-01

    To be placed on the market legally, food supplements have to meet national and European food law regulations. This is true for all substances used as well as for the labeling on the packaging of and the advertising for food supplements. The food business operator is responsible for its compliance with all regulations. Therefore, in this article, a concise step-by-step assessment is presented, covering all necessary legal requirements to market food supplements. Additionally, all steps are visualized in a flow chart. All vitamins, minerals and other substances used have to meet the legal conditions. Food business operators have to make sure that their products do not contain medicinal ingredients based on their pharmacologic effect. It is prohibited to place medicinal products as food supplements on the market. Furthermore, food business operators have to make sure that their products are not non-authorized novel foods according to the novel food regulation (EC) no. 258/97. Also, food supplements have to meet the requirements of article 14 of Regulation (EC) No. 178/2002 concerning the safety of foodstuff. Food shall not be placed on the market if it is unsafe. For food supplements that fail the German food-related legal standards but are legally manufactured in another EU member state or are legally put into circulation, the importer requires the so-called general disposition, which must be applied for at the BVL according to § 54 of the German Food and Feed Act. Another possibility for food which fails to meet German food law is to apply for a certificate of exemption according to § 68 of the Food and Feed Act. The food business operator has to meet the harmonized regulations concerning maximum and minimum levels of additives, flavors and enzymes. The packaging has to meet the compulsory labeling as well the voluntary labeling, like health claims. The BVL is also the relevant authority for other tasks concerning food supplements. A figure shows all

  11. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

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

  12. Reliability-Based Optimization of Series Systems of Parallel Systems

    DEFF Research Database (Denmark)

    Enevoldsen, I.; Sørensen, John Dalsgaard

    Reliability-based design of structural systems is considered. Especially systems where the reliability model is a series system of parallel systems are analysed. A sensitivity analysis for this class of problems is presented. Direct and sequential optimization procedures to solve the optimization...

  13. 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...

  14. THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

    Directory of Open Access Journals (Sweden)

    Eugene Stepanovich Shevlakov

    2015-09-01

    Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

  15. Programming languages and operating systems used in data base systems

    International Nuclear Information System (INIS)

    Radulescu, T.G.

    1977-06-01

    Some apsects of the use of the programming languages and operating systems in the data base systems are presented. There are four chapters in this paper. In the first chapter we present some generalities about the programming languages. In the second one we describe the use of the programming languages in the data base systems. A classification of the programming languages used in data base systems is presented in the third one. An overview of the operating systems is made in the last chapter. (author)

  16. Troubleshooting on microprocessor based systems

    CERN Document Server

    Williams, G B

    1984-01-01

    The structure of a computing system presents unique problems when it fails to operate correctly and requires testing. This concise, yet comprehensive book describes the major test methods in current use, and their development from basic principles. Examines the sequence of tests which, built on each other, provide a suitable vehicle for testing digital systems, and the various types of testing equipment that should be applied for specific tests. An excellent introduction for those entering this increasingly complex world, the text will provide the reader with a firm basis on which to judge

  17. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

    Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

  18. Introduction to data base management systems

    International Nuclear Information System (INIS)

    Rossiter, B.N.

    1984-01-01

    Data base management systems offer considerable advantages over elementary filing systems under favourable circumstances such as where data structures and applications are continually changing. The architecture of such systems and the manner in which they work is described, with particular attention to data independence. An introduction is made to the classification of data base management systems by the data structuring models that they employ. (orig.)

  19. Mining Legal and Business Resources on Canadian Banking

    Directory of Open Access Journals (Sweden)

    Rajiv Johal

    2013-06-01

    Full Text Available Given the distinct nature of the Canadian banking system, it is important for novice researchers to know which business and legal resources to consult in order to quickly find information that is particular to Canadian banking. However, there are very few articles or monographs in the library literature that describe how to find information sources exclusively on this subject from a Canadian perspective. Most available publications tend to specialize in sources for the US banking and Federal Reserve System with little attention to Canada. The paper begins with a brief introduction to Canadian banking. From there, the authors demonstrate where researchers can find primary sources such as legislation, regulations and case law. In addition, this article identifies and discusses the different types of information found on the websites of associations and government agencies such as the Office of the Superintendent of Financial Institutions, which supervises and regulates various areas of Canada’s financial system. Also discussed are secondary sources such as industry research and reports that are available from reliable websites and subscription-based resources. This paper also explores the best business and legal databases for researchers. Based on results from searching in periodical directories and indexes, the paper additionally provides a description of the most pertinent academic, trade and general publications relevant to the Canadian banking system and where their contents are indexed.

  20. MIMO Based Multimedia Communication System

    OpenAIRE

    Kandar, D.; Dhar, Sourav; Bera, Rabindranath; Sarkar, C. K.

    2009-01-01

    High data rate is required for multimedia communication. But the communication at high data rate is always challenging. In this work we have successfully performed data chatting, Voice chatting and high quality video transmission between two distant units using MIMO adapter, Direct sequence spread spectrum system and MATLAB/SIMULINK platform.

  1. LEGAL PERSONALITY AND POWERS OF THE EUROPEAN UNION

    OpenAIRE

    Augustin FUEREA

    2010-01-01

    Based on legal personality, EU won through Treaty of Lisbon, in accordance with the system of division of competences between the Union and the Member States as provided for in the Treaty on European Union and the Treaty on the Functioning of the European Union, competences not conferred upon the Union in the Treaties remain with the Member States. When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Member States shall exercise their compet...

  2. [Legal and methodical aspects of occupational risk management].

    Science.gov (United States)

    2011-01-01

    Legal and methodical aspects of occupational risk management (ORM) are considered with account of new official documents. Introduction of risk and risk management notions into Labor Code reflects the change of forms of occupational health and safety. The role of hygienist and occupational medicine professionals in workplace conditions certification (WCC) and periodical medical examinations (PME) is strengthened. The ORM could be improved by introducing the block of prognosis and causation based on IT-technologies that could match systems of WCC and PME thus improving the effectiveness of prophylactics.

  3. Knowledge-based diagnosis for aerospace systems

    Science.gov (United States)

    Atkinson, David J.

    1988-01-01

    The need for automated diagnosis in aerospace systems and the approach of using knowledge-based systems are examined. Research issues in knowledge-based diagnosis which are important for aerospace applications are treated along with a review of recent relevant research developments in Artificial Intelligence. The design and operation of some existing knowledge-based diagnosis systems are described. The systems described and compared include the LES expert system for liquid oxygen loading at NASA Kennedy Space Center, the FAITH diagnosis system developed at the Jet Propulsion Laboratory, the PES procedural expert system developed at SRI International, the CSRL approach developed at Ohio State University, the StarPlan system developed by Ford Aerospace, the IDM integrated diagnostic model, and the DRAPhys diagnostic system developed at NASA Langley Research Center.

  4. The legal and ethical aspects of the right to health of migrants in Switzerland.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Kurt, Stefanie; Leyvraz, Didier; Sprumont, Dominique

    The right to health of migrant populations, whether they are foreign nationals, foreign workers, tourists, asylum seekers or refugees, is enshrined in international human rights treaties. The effectiveness of the implementation of this fundamental right thus lies in national legal frameworks. In spite of its long humanitarian tradition, Switzerland has a strict migration policy, and while it has established a non-discriminatory legal framework for the protection and promotion of the right to health, its laws and regulations sometimes codify differences in treatment between foreign nationals and Swiss residents based on distinct situations. On the basis of shared responsibilities between the Federal State and the 26 cantons, this article describes the Swiss legal and regulatory approach to the right to health, the ways it is currently implemented and the possible vectors for an improved integration of migrants into the health system.

  5. SPIRE Data-Base Management System

    Science.gov (United States)

    Fuechsel, C. F.

    1984-01-01

    Spacelab Payload Integration and Rocket Experiment (SPIRE) data-base management system (DBMS) based on relational model of data bases. Data bases typically used for engineering and mission analysis tasks and, unlike most commercially available systems, allow data items and data structures stored in forms suitable for direct analytical computation. SPIRE DBMS designed to support data requests from interactive users as well as applications programs.

  6. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

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

    2018-03-01

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

  7. Model-based version management system framework

    International Nuclear Information System (INIS)

    Mehmood, W.

    2016-01-01

    In this paper we present a model-based version management system. Version Management System (VMS) a branch of software configuration management (SCM) aims to provide a controlling mechanism for evolution of software artifacts created during software development process. Controlling the evolution requires many activities to perform, such as, construction and creation of versions, identification of differences between versions, conflict detection and merging. Traditional VMS systems are file-based and consider software systems as a set of text files. File based VMS systems are not adequate for performing software configuration management activities such as, version control on software artifacts produced in earlier phases of the software life cycle. New challenges of model differencing, merge, and evolution control arise while using models as central artifact. The goal of this work is to present a generic framework model-based VMS which can be used to overcome the problem of tradition file-based VMS systems and provide model versioning services. (author)

  8. 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

  9. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  10. Legal 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.

  11. Legal and ethical issues in robotic surgery.

    Science.gov (United States)

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

    2010-02-01

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

  12. KNOWLEDGE AND XML BASED CAPP SYSTEM

    Institute of Scientific and Technical Information of China (English)

    ZHANG Shijie; SONG Laigang

    2006-01-01

    In order to enhance the intelligent level of system and improve the interactivity with other systems, a knowledge and XML based computer aided process planning (CAPP) system is implemented. It includes user management, bill of materials(BOM) management, knowledge based process planning, knowledge management and database maintaining sub-systems. This kind of nesting knowledge representation method the system provided can represent complicated arithmetic and logical relationship to deal with process planning tasks. With the representation and manipulation of XML based technological file, the system solves some important problems in web environment such as information interactive efficiency and refreshing of web page. The CAPP system is written in ASP VBScript, JavaScript, Visual C++ languages and Oracle database. At present, the CAPP system is running in Shenyang Machine Tools. The functions of it meet the requirements of enterprise production.

  13. Autonomous power networks based power system

    International Nuclear Information System (INIS)

    Jokic, A.; Van den Bosch, P.P.J.

    2006-01-01

    This paper presented the concept of autonomous networks to cope with this increased complexity in power systems while enhancing market-based operation. The operation of future power systems will be more challenging and demanding than present systems because of increased uncertainties, less inertia in the system, replacement of centralized coordinating activities by decentralized parties and the reliance on dynamic markets for both power balancing and system reliability. An autonomous network includes the aggregation of networked producers and consumers in a relatively small area with respect to the overall system. The operation of an autonomous network is coordinated and controlled with one central unit acting as an interface between internal producers/consumers and the rest of the power system. In this study, the power balance problem and system reliability through provision of ancillary services was formulated as an optimization problem for the overall autonomous networks based power system. This paper described the simulation of an optimal autonomous network dispatching in day ahead markets, based on predicted spot prices for real power, and two ancillary services. It was concluded that large changes occur in a power systems structure and operation, most of them adding to the uncertainty and complexity of the system. The introduced concept of an autonomous power network-based power system was shown to be a realistic and consistent approach to formulate and operate a market-based dispatch of both power and ancillary services. 9 refs., 4 figs

  14. SECA Coal-Based Systems

    Energy Technology Data Exchange (ETDEWEB)

    Pierre, Joseph

    2010-09-10

    This report documents the results of Cooperative Agreement DE-FC26-05NT42613 between Siemens Energy and the U.S. Department of Energy for the period October 1, 2008 through September 30, 2010. The Phase I POCD8R0 stack test was successfully completed as it operated for approximately 5,300 hrs and achieved all test objectives. The stack test article contained twenty-four 75 cm active length Delta8 scandiastabilized zirconia cells. Maximum power was approximately 10 kWe and the SOFC generator demonstrated an availability factor of 85% at 50% power or greater. The Phase II POCD8R1 stack test operated for approximately 410 hrs before being aborted due to a sudden decrease in voltage accompanied by a rapid increase in temperature. The POCD8R1 test article contained forty-eight 100 cm active length Delta8 scandiastabilized zirconia cells arranged in an array of six bundles, with each bundle containing eight cells. Cell development activities resulted in an approximate 100% improvement in cell power at 900°C. Cell manufacturing process improvements led to manufacturing yields of greater than 40% for the Delta8 cells. Delta8 cells with an active length of 100 cm were successfully manufactured as were cells with a seamless closed end. A pressurized cell test article was assembled, installed into the pressurized test facility and limited pressurized testing conducted. Open circuit voltage tests were performed at one and three atmospheres at 950°C were in agreement with the theoretical increase in the Nernst potential. Failed guard heaters precluded further testing. The SOFC analytical basis for the baseline system was validated with experimental data. Two system configurations that utilize a pressurized SOFC design with separated anode and cathode streams were analyzed. System efficiencies greater than 60% were predicted when integrating the separated anode and cathode stream module configuration with a high efficiency catalytic gasifier.

  15. SECA Coal-Based Systems

    Energy Technology Data Exchange (ETDEWEB)

    Joseph Pierre

    2010-09-01

    This report documents the results of Cooperative Agreement DE-FC26-05NT42613 between Siemens Energy and the U.S. Department of Energy for the period October 1, 2008 through September 30, 2010. The Phase I POCD8R0 stack test was successfully completed as it operated for approximately 5,300 hrs and achieved all test objectives. The stack test article contained twenty-four 75 cm active length Delta8 scandia-stabilized zirconia cells. Maximum power was approximately 10 kWe and the SOFC generator demonstrated an availability factor of 85% at 50% power or greater. The Phase II POCD8R1 stack test operated for approximately 410 hrs before being aborted due to a sudden decrease in voltage accompanied by a rapid increase in temperature. The POCD8R1 test article contained forty-eight 100 cm active length Delta8 scandia-stabilized zirconia cells arranged in an array of six bundles, with each bundle containing eight cells. Cell development activities resulted in an approximate 100% improvement in cell power at 900°C. Cell manufacturing process improvements led to manufacturing yields of greater than 40% for the Delta8 cells. Delta8 cells with an active length of 100 cm were successfully manufactured as were cells with a seamless closed end. A pressurized cell test article was assembled, installed into the pressurized test facility and limited pressurized testing conducted. Open circuit voltage tests were performed at one and three atmospheres at 950°C were in agreement wi th the theoretical increase in the Nernst potential. Failed guard heaters precluded further testing. The SOFC analytical basis for the baseline system was validated with experimental data. Two system configurations that utilize a pressurized SOFC design with separated anode and cathode streams were analyzed. System efficiencies greater than 60% were predicted when integrating the separated anode and cathode stream module configuration with a high efficiency catalytic gasifier.

  16. Computer-Based Wireless Advertising Communication System

    Directory of Open Access Journals (Sweden)

    Anwar Al-Mofleh

    2009-10-01

    Full Text Available In this paper we developed a computer based wireless advertising communication system (CBWACS that enables the user to advertise whatever he wants from his own office to the screen in front of the customer via wireless communication system. This system consists of two PIC microcontrollers, transmitter, receiver, LCD, serial cable and antenna. The main advantages of the system are: the wireless structure and the system is less susceptible to noise and other interferences because it uses digital communication techniques.

  17. Safeguarding patient privacy in electronic healthcare in the USA: the legal view.

    Science.gov (United States)

    Walsh, Diana; Passerini, Katia; Varshney, Upkar; Fjermestad, Jerry

    2008-01-01

    The conflict between the sweeping power of technology to access and assemble personal information and the ongoing concern about our privacy and security is ever increasing. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing vulnerability to security breaches surmount. In this paper, we take a legal perspective and examine the existing patchwork of laws and obligations governing health information in the USA. The study finds that as Electronic Medical Records (EMRs) increase in scope and dissemination, privacy protections gradually decrease due to the shortcomings in the legal system. The contributions of this paper are (1) an overview of the legal EMR issues in the USA, and (2) the identification of the unresolved legal issues and how these will escalate when health information is transmitted over wireless networks. More specifically, the paper discusses federal and state government regulations such as the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA) and judicial intervention. Based on the legal overview, the unresolved challenges are identified and suggestions for future research are included.

  18. Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

    Directory of Open Access Journals (Sweden)

    Mi Sun Park

    2016-04-01

    Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

  19. Space nuclear power systems for extraterrestrial basing

    International Nuclear Information System (INIS)

    Lance, J.R.; Chi, J.W.H.

    1989-01-01

    Previous studies of nuclear and non-nuclear power systems for lunar bases are compared with recent studies by others. Power levels from tens of kW e for early base operation up to 2000 kW e for a self-sustaining base with a Closed Environment Life Support System (CELSS) are considered. Permanent lunar or Martian bases will require the use of multiple nuclear units connected to loads with a power transmission and distribution system analogous to earth-based electric utility systems. A methodology used for such systems is applied to the lunar base system to examine the effects of adding 100 kW e SP-100 class and/or larger nuclear units when a reliability criterion is imposed. The results show that resource and logistic burdens can be reduced by using 1000 kW e units early in the base growth scenario without compromising system reliability. Therefore, both technologies being developed in two current programs (SP-100 and NERVA Derivative Reactor (NDR) technology for space power) can be used effectively for extraterrestrial base power systems. Recent developments in NDR design that result in major reductions in reactor mass are also described. (author)

  20. Airborne relay-based regional positioning system.

    Science.gov (United States)

    Lee, Kyuman; Noh, Hongjun; Lim, Jaesung

    2015-05-28

    Ground-based pseudolite systems have some limitations, such as low vertical accuracy, multipath effects and near-far problems. These problems are not significant in airborne-based pseudolite systems. However, the monitoring of pseudolite positions is required because of the mobility of the platforms on which the pseudolites are mounted, and this causes performance degradation. To address these pseudolite system limitations, we propose an airborne relay-based regional positioning system that consists of a master station, reference stations, airborne relays and a user. In the proposed system, navigation signals are generated from the reference stations located on the ground and are relayed via the airborne relays. Unlike in conventional airborne-based systems, the user in the proposed system sequentially estimates both the locations of airborne relays and his/her own position. Therefore, a delay due to monitoring does not occur, and the accuracy is not affected by the movement of airborne relays. We conducted several simulations to evaluate the performance of the proposed system. Based on the simulation results, we demonstrated that the proposed system guarantees a higher accuracy than airborne-based pseudolite systems, and it is feasible despite the existence of clock offsets among reference stations.

  1. Introducing Model-Based System Engineering Transforming System Engineering through Model-Based Systems Engineering

    Science.gov (United States)

    2014-03-31

    Web  Presentation...Software  .....................................................  20   Figure  6.  Published   Web  Page  from  Data  Collection...the  term  Model  Based  Engineering  (MBE),  Model  Driven  Engineering  ( MDE ),  or  Model-­‐Based  Systems  

  2. 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...

  3. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

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

  4. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

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

  5. 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...

  6. 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,

  7. 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...

  8. Integrated Knowledge Based Expert System for Disease Diagnosis System

    Science.gov (United States)

    Arbaiy, Nureize; Sulaiman, Shafiza Eliza; Hassan, Norlida; Afizah Afip, Zehan

    2017-08-01

    The role and importance of healthcare systems to improve quality of life and social welfare in a society have been well recognized. Attention should be given to raise awareness and implementing appropriate measures to improve health care. Therefore, a computer based system is developed to serve as an alternative for people to self-diagnose their health status based on given symptoms. This strategy should be emphasized so that people can utilize the information correctly as a reference to enjoy healthier life. Hence, a Web-based Community Center for Healthcare Diagnosis system is developed based on expert system technique. Expert system reasoning technique is employed in the system to enable information about treatment and prevention of the diseases based on given symptoms. At present, three diseases are included which are arthritis, thalassemia and pneumococcal. Sets of rule and fact are managed in the knowledge based system. Web based technology is used as a platform to disseminate the information to users in order for them to optimize the information appropriately. This system will benefit people who wish to increase health awareness and seek expert knowledge on the diseases by performing self-diagnosis for early disease detection.

  9. Case-Based FCTF Reasoning System

    Directory of Open Access Journals (Sweden)

    Jing Lu

    2015-10-01

    Full Text Available Case-based reasoning uses old information to infer the answer of new problems. In case-based reasoning, a reasoner firstly records the previous cases, then searches the previous case list that is similar to the current one and uses that to solve the new case. Case-based reasoning means adapting old solving solutions to new situations. This paper proposes a reasoning system based on the case-based reasoning method. To begin, we show the theoretical structure and algorithm of from coarse to fine (FCTF reasoning system, and then demonstrate that it is possible to successfully learn and reason new information. Finally, we use our system to predict practical weather conditions based on previous ones and experiments show that the prediction accuracy increases with further learning of the FCTF reasoning system.

  10. Structured Performance Analysis for Component Based Systems

    OpenAIRE

    Salmi , N.; Moreaux , Patrice; Ioualalen , M.

    2012-01-01

    International audience; The Component Based System (CBS) paradigm is now largely used to design software systems. In addition, performance and behavioural analysis remains a required step for the design and the construction of efficient systems. This is especially the case of CBS, which involve interconnected components running concurrent processes. % This paper proposes a compositional method for modeling and structured performance analysis of CBS. Modeling is based on Stochastic Well-formed...

  11. Dual, use-based definition of "system"

    CSIR Research Space (South Africa)

    Gonçalves, DP

    2015-09-01

    Full Text Available The standard definition (ISO 15288, 2008) of the concept of a system is not complete and is the definition of a closed system. Such a definition is inadequate for systems engineering. A use-based definition is proposed which spans the open...

  12. Criminal law in the system of legal instruments under environmental law. Shown by examples of German and U.S. American clean air policy; Das Strafrecht im System umweltrechtlicher Instrumentarien. Am Beispiel deutscher und US-amerikanischer Luftreinhaltepolitik

    Energy Technology Data Exchange (ETDEWEB)

    Rohr, B.M. von

    1995-12-31

    The authoress presents an analysis of the entire range of governmental instruments and measures and their systematic interlacement, as available under the German or the U.S. American law for protection of the environment. This analysis is the basis for the subsequent study aiming at clarifying the legitimacy and the required design of laws and regulations defining crimes and sanctions or penalties in the system of environmental law. The authoress derives a characterisation of legislative intent and mode of application of environmental criminal law which differs from that of the ``classic`` criminal law. Pursuing from this characterisation of legal instruments and methods, and from the framework of governmental action and related alternatives available under U.S. legislation, the authoress explains a number of appoaches recommended for reform and amendment of the current German system of environmental criminal law, which hitherto has shown low efficiency. (orig.) [Deutsch] Die Autorin nimmt eine Analyse der Gesamtheit staatlicher Massnahmen und ihrer systematischen Beziehungen im deutschen und US-amerikanischen Umweltrecht vor. Diese Analyse bildet die Grundlage der zentralen Frage der Untersuchung nach der Legitimitaet und notwendigen Struktur umweltstrafrechtlicher Normen. Dabei kommt die Autorin zu einer vom klassischen Kernstrafrecht abweichenden Funktionsbestimmung des Umweltstrafrechts. Ausgehend von dieser Positionsbestimmung des Strafrechts und den in den USA vorgefundenen Handlungsalternativen entwickelt die Autorin eine Reihe von Reformvorschlaegen als Antwort auf die derzeitige Ineffizienz der des deutschen Umweltstrafrechts. (orig.)

  13. THE PROBLEM OF LEGAL REGULATION OF THE OPERATION OF THE OVER-THE-COUNTER (OTC CURRENCY MARKET (FOREX IN UKRAINE AND THE EU

    Directory of Open Access Journals (Sweden)

    Eugene Podorozhnyi

    2017-12-01

    Full Text Available The aim of the article is to evaluate the state of legal institutionalization of the OTC foreign exchange market in Ukraine, as well as its comparison with the foreign experience of legal regulation of OTC currency relations in Ukraine and EU countries. The subject of the study is the legal and administrative framework for the functioning of the OTC currency market (Forex in Ukraine and in the EU countries. The methodology of the study consists of: historical and legal method, which allowed determining the preconditions for the emergence of OTC markets in Ukraine and the world and the principles of their functioning; system and structural method, which was used to analyse the world monetary system as an institutional and functional form of organization of international monetary and financial relations; a formal legal method that allowed us to comprehensively investigate a condition of regulation of the functioning of Forex in Ukraine, to identify its shortcomings, gaps, contradictions, and miscalculations, as well as to develop recommendations aimed at their elimination; a comparative and legal method that provided a deeper study of the specifics of the legal regulation of the functioning of Forex in the EU and to define ways of implementing a positive foreign experience in the national legal system. The results of the conducted legal study have shown that in Ukraine, the Forex market operates in legal vacuum conditions that negatively affect either the protection of the rights of forex clients or the amount of tax revenues to the state budget. The most acceptable way to eliminate this shortcoming is to implement the main principles and requirements of the MiFID in the national legislation. Practical impact. The research of experience of EU countries regarding the legal regulation of Forex companies activity and also regarding the creation of legal bases for implementation by the specified companies of self-regulation – it is a necessary

  14. Optimization of the Case Based Reasoning Systems

    International Nuclear Information System (INIS)

    Mohamed, A.H.

    2014-01-01

    Intrusion Detection System (IDS) have a great importance in saving the authority of the information widely spread all over the world through the networks. Many Case Based Systems concerned on the different methods of the unauthorized users/hackers that face the developers of the IDS. The proposed system introduces a new hybrid system that uses the genetic algorithm to optimize an IDS - case based system. It can detect the new anomalies appeared through the network and use the cases in the case library to determine the suitable solution for their behavior. The suggested system can solve the problem either by using an old identical solution or adapt the optimum one till have the targeted solution. The proposed system has been applied to block unauthorized users / hackers from attach the medical images for radiotherapy of the cancer diseases during their transmission through web. The proposed system can prove its accepted performance in this manner

  15. 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

  16. [Acute scrotal pain in childhood: legal pitfalls].

    Science.gov (United States)

    Bader, Pia; Hugemann, Christoph; Frohneberg, Detlef

    2017-12-01

    Acute scrotal pain in childhood is an emergency.Sudden scrotal pain may be caused by a variety of diseases. Therefore, it is important to carefully consider the specific medical history and possible differential diagnoses in each case for fast and decisive action (e. g. in case of testicular torsion). As minors lack the capacity for consent, it is absolutely necessary to obtain consent from their legal guardian. However, obtaining consent in the available time frame can cause organisational challenges in an acute emergency, which may lead to situations in the daily routine where a therapeutic decision needs to be taken (including surgery) without legal security based on consent by the guardian. In some cases, the child's consent also needs to be taken into account, depending on its age and development.For the physician and surgeon in charge, the legal evaluation of the case at hand and therewith the obtainment of legal security are of great significance. © Georg Thieme Verlag KG Stuttgart · New York.

  17. Bluetooth-based distributed measurement system

    International Nuclear Information System (INIS)

    Tang Baoping; Chen Zhuo; Wei Yuguo; Qin Xiaofeng

    2007-01-01

    A novel distributed wireless measurement system, which is consisted of a base station, wireless intelligent sensors and relay nodes etc, is established by combining of Bluetooth-based wireless transmission, virtual instrument, intelligent sensor, and network. The intelligent sensors mounted on the equipments to be measured acquire various parameters and the Bluetooth relay nodes get the acquired data modulated and sent to the base station, where data analysis and processing are done so that the operational condition of the equipment can be evaluated. The establishment of the distributed measurement system is discussed with a measurement flow chart for the distributed measurement system based on Bluetooth technology, and the advantages and disadvantages of the system are analyzed at the end of the paper and the measurement system has successfully been used in Daqing oilfield, China for measurement of parameters, such as temperature, flow rate and oil pressure at an electromotor-pump unit

  18. Radiation monitoring system based on Internet

    International Nuclear Information System (INIS)

    Drndarevic, V.R.; Popovic, A.T; Bolic, M.D.; Pavlovic, R.S.

    2001-01-01

    This paper presents concept and realization of the modern distributed radiation monitoring system. The system uses existing conventional computer network and it is based on the standard Internet technology. One personal computer (PC) serves as host and system server, while a number of client computers, link to the server computer via standard local area network (LAN), are used as distributed measurement nodes. The interconnection between the server and clients are based on Transmission Control Protocol/Internet Protocol (TCP/IP). System software is based on server-client model. Based on this concept distributed system for gamma ray monitoring in the region of the Institute of Nuclear Sciences Vinca has been implemented. (author)

  19. Bluetooth-based distributed measurement system

    Science.gov (United States)

    Tang, Baoping; Chen, Zhuo; Wei, Yuguo; Qin, Xiaofeng

    2007-07-01

    A novel distributed wireless measurement system, which is consisted of a base station, wireless intelligent sensors and relay nodes etc, is established by combining of Bluetooth-based wireless transmission, virtual instrument, intelligent sensor, and network. The intelligent sensors mounted on the equipments to be measured acquire various parameters and the Bluetooth relay nodes get the acquired data modulated and sent to the base station, where data analysis and processing are done so that the operational condition of the equipment can be evaluated. The establishment of the distributed measurement system is discussed with a measurement flow chart for the distributed measurement system based on Bluetooth technology, and the advantages and disadvantages of the system are analyzed at the end of the paper and the measurement system has successfully been used in Daqing oilfield, China for measurement of parameters, such as temperature, flow rate and oil pressure at an electromotor-pump unit.

  20. Bluetooth-based distributed measurement system

    Energy Technology Data Exchange (ETDEWEB)

    Tang Baoping; Chen Zhuo; Wei Yuguo; Qin Xiaofeng [Department of Mechatronics, College of Mechanical Engineering, Chongqing University, Chongqing, 400030 (China)

    2007-07-15

    A novel distributed wireless measurement system, which is consisted of a base station, wireless intelligent sensors and relay nodes etc, is established by combining of Bluetooth-based wireless transmission, virtual instrument, intelligent sensor, and network. The intelligent sensors mounted on the equipments to be measured acquire various parameters and the Bluetooth relay nodes get the acquired data modulated and sent to the base station, where data analysis and processing are done so that the operational condition of the equipment can be evaluated. The establishment of the distributed measurement system is discussed with a measurement flow chart for the distributed measurement system based on Bluetooth technology, and the advantages and disadvantages of the system are analyzed at the end of the paper and the measurement system has successfully been used in Daqing oilfield, China for measurement of parameters, such as temperature, flow rate and oil pressure at an electromotor-pump unit.