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Sample records for legal system based

  1. User interaction with legal knowledge-based systems

    NARCIS (Netherlands)

    Dijkstra, Jacob; Breuker, J.; Leenes, R.; Winkels, R.

    2000-01-01

    This paper gives an overview of my PhD study into the persuasiveness of (legal) knowledge-based systems'. The results of three experiments show the possible problems that may arise when computerised legal decision aids are put into practice. The users in the experiments had great difficulties with

  2. A Legal Negotiatiton Support System Based on A Diagram

    Science.gov (United States)

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

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

  3. 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

  4. Framing a Knowledge Base for a Legal Expert System Dealing with Indeterminate Concepts

    Directory of Open Access Journals (Sweden)

    Michał Araszkiewicz

    2015-01-01

    Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.

  5. 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

  6. 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

  7. Towards a Legal Recommender System

    NARCIS (Netherlands)

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

    2014-01-01

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

  8. Indian legal system and mental health

    OpenAIRE

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and...

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

    Directory of Open Access Journals (Sweden)

    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. ANALYSIS OF NORMATIVE-LEGAL BASE OF REGULATION THE RUSSIAN ADVERTISING MARKET

    Directory of Open Access Journals (Sweden)

    Ekaterina F. Devochkina

    2014-01-01

    Full Text Available The article contains analysis of normative-legal base of Russian advertisingcompanies business. Also the problem of absence the legal system is consecrated.The author mentioned comparative characteristics of advertising legal system ofdifferent years.

  11. Indian legal system and mental health.

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

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

  12. 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.

  13. The Enigmatic but Unique Nature of the Israeli Legal System ...

    African Journals Online (AJOL)

    In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system). Keywords: Israeli legal system, Israeli Supreme Court, legal systemics, ...

  14. 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

  15. 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.

  16. 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

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

    DEFF Research Database (Denmark)

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

    2014-01-01

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

  18. 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

  19. 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.

  20. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

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

  1. Judicial Capacity in a Transforming Legal System

    Directory of Open Access Journals (Sweden)

    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

  2. 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.

  3. 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

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

    Directory of Open Access Journals (Sweden)

    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.

  5. 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.

  6. 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…

  7. LEGAL

    African Journals Online (AJOL)

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

  8. 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, ...

  9. REGULARYFRAMWORK AND LEGAL BASE OF ELECTRONIC DOCUMENT CIRCULATION

    Directory of Open Access Journals (Sweden)

    Taisiia H. Omelchenko

    2010-08-01

    Full Text Available The general characteristic of legal base of electronic document circulation is presented in the article. It legislatively regulates the relations which connected with the information and information communication technologies. There is presented the list of the basic acts of regulation of sphere of information relations.

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

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    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.

  11. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    10332324

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

  12. The Dutch system of legal protection in public procurement procedures

    NARCIS (Netherlands)

    van Heeswijck, Arthur

    2015-01-01

    The legal protection of entrepreneurs in public procurement procedures has been a point of concern to the European Union legislator, leading to the adoption of well-known the Remedies Directives. This article examines the conformity of the Dutch system of judicial protection in the procurement field

  13. 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; ...

  14. 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

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

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

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

  16. 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

  17. TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

    OpenAIRE

    Rasskazov L. P.

    2015-01-01

    The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civi...

  18. The theorization of nuclear safety regulation and legal system

    International Nuclear Information System (INIS)

    Kim, S. W.; Jang, K. H.; Oh, B. J.; Kang, S. C.; Lee, J. I.

    2001-01-01

    Nuclear safety regulation, which restricts the freedoms and rights of people, should be carried out under the principle of regulation by acts. Therefore, it should be starting point of understanding of nuclear safety regulation to understand theoretical system of administrative regulation such as legal system · sorts · effect of governmental regulatory administration. This report analysed, from a legal aspect, the concept of nuclear safety regulation and the spirit of the Framework Act on Administrative Regulation. Therefore, this report examined closely all kinds of regulatory actions sorted by its contents, discretion, added condition (Nebenbestimmungen). In addition to it, this report analysed the hierarchy of nuclear legislation in the form of act, presidential decree, enforcement regulation, notice of Minister of Science and Technology and regulatory guide of regulatory body. Finally, this report reviewed the principles for good regulation such as recommended by the NRC to grope for desirable attitude for staffs of nuclear safety regulation body

  19. LEGAL SYSTEM IN BRAZILIAN CONSTITUTIONALISM: PERPLEXITIES REFERRING TO CIVIL LAW

    OpenAIRE

    Iribure Júnior, Hamilton da Cunha; Guimarães, Henrique Cassalho

    2017-01-01

    The contemporaneous constitutionalism outlines a new manner to conceive and interpret the legal system, considering the alignment of law with society and society with law in order to emancipate the individual in the factual level. This results in the repercussion of humanization purpose in the Constitution of Federative Republic of Brazil of 1988 in civil law, to the extent of approaching it under a new perspective. However, such relationship involves several aspects which cannot be neglected...

  20. THE LEGAL ARRANGEMENT OF WAGE PROTECTION BASED ON THE PRINCIPLE OF LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Yetniwati

    2016-05-01

    Full Text Available The wage protection in Indonesian positive law is still not provide legal certainty for the weaker party in the aspect of social economic. In every anniversary of May Day, labor union always demanded to abolish the wage cost, which the Government Regulation No. 78 Year 2015 leanihg to the interests of investors. The principle of legal certainty in the norm of wage protection needs to be realized with respect to: the concept of wage protection, lack of certainty purpose of law, established by the competent authorities, accepted by society, legal materials in accordance with the legal hierarchy, the company's obligation to make books wages, and avoid multiple interpretations in legal norms.

  1. 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.

  2. Reviem Of Legal Relevance Program School No Political Party Based On The Proportionality And Evidence And Justifiability Controls Applied By The Brazilian Supreme Court

    OpenAIRE

    Baggenstoss, Grazielly Alessandra

    2016-01-01

    This research examines the legal context of bringing the School No Political Party Program, which aims to include legal provisions in the Law of Guidelines and Bases of National Education. Therefore, the problem of research is if the mentioned project has legal relevance to the Brazilian legal system , as well as the current pedagogical context. Thus, with deductive method, the question is examined from the proportionality test of Robert Alexy and Evidence and Justifiability Controls, applied...

  3. Beyond Species: The Quest for an Adequate Legal Concept for Animals in Brazilian Legal System

    Directory of Open Access Journals (Sweden)

    Carolina Maria Nasser Cury

    2015-12-01

    Full Text Available This paper examines the issue of the proper legal treatment of animals. To this end, we debunked the importance of the criterion of species for justifying the distinction between humans and animals. Then, we also sought to analyse the main ethical theories that overcome speciesism and its legal repercussions. We then discussed three theories, which are animal abolitionism, Kantian approach to animal rights and the utilitarian view. We addressed the differences between abolitionists, Kantian, and utilitarian bias regarding legal consideration of animals. Finally, we presented an alternative criterion to the current proposals regarding animal rights, which aims to overcome the dichotomy between things and persons on Law.

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

    Science.gov (United States)

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

    2016-01-01

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

  6. 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

  7. 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

  8. Placebo use in research with commercial purposes: legal restrictions in the light of the Brazilian legal system

    Directory of Open Access Journals (Sweden)

    RIVABEM, Fernanda Schaefer

    2016-10-01

    Full Text Available There are many ethical discussions about the use of placebo in research with humans. These discussions often occur from a bioethical standpoint, particularly in the light of the bioethical principles of autonomy, justice and equity. However, and without disregarding the impor-tance of these discussions, the legal aspect should also be considered, particularly concerning medical research with commercial purposes. This article, from a literature interdisciplinary review, aims to discuss, in the light of the Brazilian legal system, how research using placebo and financed by laboratories and pharmaceutical companies should be tackled and how to assess the liability arising from this research in case of damage caused to the participants.

  9. 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

  10. 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

  11. 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.

  12. 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

  13. 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.

  14. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    10332324

    , the UN Global. Compact (2000), the UN .... equipment, as well as the construction of other infrastructure needed for commercial production. Subsequent ..... 3.1 Nigeria's legal architecture for ensuring that the oil industry respects human rights.

  15. Interrogations, confessions, and adolescent offenders' perceptions of the legal system.

    Science.gov (United States)

    Arndorfer, Andrea; Malloy, Lindsay C; Cauffman, Elizabeth

    2015-10-01

    The potential consequences of interrogations and false confessions have been discussed primarily in terms of the risk for wrongful conviction, especially among adolescents and other vulnerable populations. However, it is possible that such experiences influence adolescents' perceptions of the legal system more generally. In the present study, we examined whether incarcerated male juvenile offenders' (n = 193) perceptions of police and the courts were related to their confession and interrogation experiences. High-pressure interrogation experiences and self-reported false confessions to police were associated with more negative perceptions of police. However, self-reported true confessions were not significantly associated with youths' perceptions of the police. Neither interrogation nor confession experiences (true or false) were related to youths' perceptions of the courts. Results provide additional support for policy reform of interrogation practices with young suspects. A more developmentally appropriate approach to criminal interrogations with youth may simultaneously improve police-youth relations and protect vulnerable suspects in the interrogation room. (c) 2015 APA, all rights reserved).

  16. 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

  17. 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

  18. Legal Office Procedures: Task Analyses. Competency-Based Education. Review Draft.

    Science.gov (United States)

    Virginia Polytechnic Inst. and State Univ., Blacksburg.

    This task analysis guide is intended to help teachers and administrators develop instructional materials and implement competency-based education in a course on legal office procedures. Section 1 contains a validated task inventory for legal office procedures. For each task, applicable information pertaining to performance and enabling objectives,…

  19. 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…

  20. VOCATIONAL LEGAL COMPETENCE OF A FUTURE TEACHER-ENGINEER AS THE RESULT OF THE INTRODUCTION OF THE SPECIALIST VOCATIONAL LEGAL TRAINING SYSTEM

    Directory of Open Access Journals (Sweden)

    Денис Коваленко

    2015-05-01

    Full Text Available The article is dedicated to the characteristics of effective component of the future teacher–engineer vocational legal training system. It has been determined that vocational legal competence of a teacher-engineer is the basis of vocational legal training quality estimation. The carried analysis of scientific work permitted to determine the structure of vocational legal training that was shown by interdependent components ( cognitive, personal- valuable and active. Each of determined components has been characterized according to professional functions of a teacher-engineer.

  1. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL. FIELDS IN SOUTH AFRICA ... digital) technological devices used by the United States' National Security Agency. (NSA) and by the ...... departments and thus obtained strategic government information that he then made openly available on the ...

  2. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    RELATIONSHIP BETWEEN DIGITAL INFORMATION AND CERTAIN LEGAL. FIELDS IN SOUTH AFRICA ... digital) technological devices used by the United States' National Security Agency. (NSA) and by the ..... Who disregard privacy considerations in order to perform online marketing and advertising. 51. Schmidt and ...

  3. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    A FERREIRA-SNYMAN. PER / PELJ 2014(17)1. 02 / 612. LEGAL CHALLENGES RELATING TO THE COMMERCIAL USE OF OUTER. SPACE, WITH SPECIFIC REFERENCE TO SPACE TOURISM. A Ferreira-Snyman*. Fly me to the moon. Let me play among the stars. Let me see what spring is like. On Jupiter and Mars1. 1.

  4. 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.

  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. 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...

  7. "My older clients fall through every crack in the system": geriatrics knowledge of legal professionals.

    Science.gov (United States)

    Soones, Tacara; Ahalt, Cyrus; Garrigues, Sarah; Faigman, David; Williams, Brie A

    2014-04-01

    With the number of older adult arrestees and prisoners increasing rapidly, legal professionals increasingly provide front-line identification and response to age-related health conditions (including cognitive and physical impairments) that may affect legal outcomes, such as the ability to participate in one's defense or stay safe in jail. The goals of this study were to assess the ability of legal professionals to recognize and respond to age-related conditions that could affect legal outcomes and to identify recommendations to address important knowledge gaps. This was a mixed quantitative-qualitative study. Legal professionals (N = 72) in the criminal justice system were surveyed to describe their demographic characteristics, expertise, and prior aging-related training and to inform the qualitative interview guide. Those surveyed included attorneys (district attorneys (25%), public defenders and legal advocates (58%)), judges (6%), and court-affiliated social workers (11%). In-depth qualitative interviews were then conducted with a subset of 10 legal professionals who worked with older adults at least weekly. Results from the surveys and interviews revealed knowledge deficits in four important areas: age-related health, identification of cognitive impairment, assessment of safety risk, and optimization of services upon release from jail. Four recommendations to close these gaps emerged: educate legal professionals about age-related health, train professionals to identify cognitive and sensory impairment, develop checklists to identify those at risk of poor health or safety, and improve knowledge of and access to transitional services for older adults. These findings suggest that geriatrics knowledge gaps of legal professionals exist that may contribute to adverse medical or legal outcomes for older adults involved in the criminal justice system and that partnerships between healthcare and legal professionals are needed to address these challenges. © Published

  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. Medico-Legal System in Sexual Assault Cases in India

    Directory of Open Access Journals (Sweden)

    Yuvraj Dilip Patil

    2013-07-01

    Full Text Available Sexual assault is a heinous crime. Man com-mits the act to fulfill his sexual urge, to showhis masculinity, to get control of the victim, totake revenge and various other reasons, out ofabnormal mind, out of ignorance of the law ofthe land or out of opportunity. The mental traumasuffered by the victim may linger till end of herlife [1].Women who wish to pursue a justice againsttheir assailant are usually examined by a doc-tor or in most cases a state-employed districtsurgeon, and obtain a report of their injuries.Expert medical evidence is widely used in sexualassault cases, but its contribution to theprogress of legal cases is unclear.The objectives of the paper are -1. To study the legislative provisions re-lating to medical examination in SexualAssault cases.2. To assess the impact of medico legal evi-dence in sexual assault cases.3. To make suggestions.

  10. 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

  11. The Maritime Public Domain - concept and implementation in diferent national legal systems.

    Directory of Open Access Journals (Sweden)

    Marco Gameiro Antunes

    2014-05-01

    The paper will also describe how the ownership (public vs. private of coastal and estuarine margins is seen in some legal systems, considering the contribution of MPD to the protection of estuarine water and to the biodiversity resources.

  12. 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 simulation-based ethical-legal curriculum tailored to 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.

  13. 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

  14. Ethico-legal aspects of hospital-based blood transfusion practice ...

    African Journals Online (AJOL)

    McRoy

    2014-12-31

    Dec 31, 2014 ... the ethical and legal issues related to hospital-based blood transfusion practice for medical practitioner. Methods: Relevant articles .... A review of the ethical responsibilities of medical practitioners in hospital-based blood ... individuals, governments, faith-based and non- governmental organizations (NGO).

  15. 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.

  16. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

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

  17. Legal 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. The systemic integration of international law by domestic courts: domestic judges as architects of the consistency of the international legal order

    NARCIS (Netherlands)

    d' Aspremont, J.; Fauchald, O.K.; Nollkaemper, A.

    2012-01-01

    The paper aims at appraising whether domestic courts, because of different legal and institutional constraints, construe the systemic character of the international legal order differently from international courts and international legal scholars. After recalling the extent to which international

  19. Machine learning versus knowledge based classification of legal texts

    NARCIS (Netherlands)

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

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

    Directory of Open Access Journals (Sweden)

    Hjelm Katarina

    2010-06-01

    Full Text Available Abstract Background 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. Aim To describe and compare health care in Sweden and China with regard to legislation, organisation, and finance. Methods 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. Results 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. Conclusion 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.

  1. [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.

  2. The Priority Question of Constitutionality and the Conventionality Control in French Legal System

    Directory of Open Access Journals (Sweden)

    Fernanda Fortes Litwinski

    2016-12-01

    Full Text Available The French legal system has gradually incorporated the international law in its domestic law, with some exceptions due to the remnants of its legal nationalism. However, the introduction of judicial review of the domestic laws in force by the Constitutional Council, it has caused imbalance in this relationship. The present work object is to ascertain the relationship between the control of conventionality and the priority question of constitutionality, in order to check is the connection is confrontational  or even if there is a confusion between their skills. We'll use dialectical method. The literature review will be the primary source.

  3. 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…

  4. Impact of Policy and Legal Reforms on a Pastoral System in Lower ...

    African Journals Online (AJOL)

    A socio-economic study was conducted in the lower Kagera sub-basin in North Western Tanzania to assess the impact of land-use policies and legal reformson pastoral system. Questionnaire surveys and PRA approaches were employed to collect data in four districts: Muleba, Missenyi, Karagwe and Ngara in Kagera ...

  5. 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.

  6. 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...

  7. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    NWUuser

    multilateral trading system. Instead there is a steady rise to power by emerging economies, especially those of Brazil, Russia, India, China and South Africa. These countries form the now familiar BRICS front and are now considered future economic powerhouses that can contribute to the construction of a new international.

  8. The Enigmatic Nature of the Israeli Legal System

    African Journals Online (AJOL)

    RV

    Many have, of course, since developed their own custom-made intellectual property law systems. In the majority of ... development has been recognised.9 Economic development, "'a process of structural transformations' ..... appropriately be attributed to factors such as an adverse business environment and the influence of ...

  9. Psychology and the Legal System: An Interview with Edie Greene

    Science.gov (United States)

    Woody, William Douglas

    2003-01-01

    William Douglas Woody completed his doctoral work at Colorado State University and is now Assistant Professor of Psychology at the University of Northern Colorado. He teaches and conducts research in the areas of psychology and the law, social psychology, and history and systems of psychology. He is the recipient of regional and national teaching…

  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)

    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.

  12. 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.

  13. LEGAL PERSON (PERSONA FICTA AS A HOLDER OF THE HUMAN RIGHT TO PRIVACY – IN SLOVENIA AND IN SOME COMPARATIVE LEGAL SYSTEMS

    Directory of Open Access Journals (Sweden)

    Boštjan Tratar

    2017-07-01

    Full Text Available The right to privacy – representing a delimited sphere and/or space that is not public and where individuals can, without external influences, freely realize their right to form their personality – is one of the most important human rights guaranteed by democratic constitutions to individuals, i.e. natural persons who are, in principle, fundamental holders of human rights. However, at the constitutional level the question arises as to what extent human rights can be extended to legal persons, these being artificial forms created by legal order, in general (the theory of piercing the corporate veil is mentioned in this regard, and as regards the right to privacy in particular. In the article the author presents the case-law of some states on whether or not legal persons are recognized as holders of human rights to privacy and, if so, to what extent, with a special view to the decision of the Slovene Constitutional Court (decision No U-I-40/12, which, along the lines of foreign legal systems, recognizes legal persons’ privacy of communication and privacy of space, although less intensely as individuals’.

  14. 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…

  15. 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

  16. Selected legal aspects of traumatism and the education system of workers

    Energy Technology Data Exchange (ETDEWEB)

    Latman, A.M. (Shakhta No 3 Velikomostovskaya (USSR))

    1990-08-01

    Analyzes legal aspects of responsibility for accidents in underground coal mines in the USSR. The existing system of classification of types of coal miner occupations (the EKTS job description system) introduces an excessively large number of occupational groups. Each group knows only one type of operation (e.g. only operations of a driver of a shearer loader, or control of powered supports at a longwall face). When a driver of a shearer loader advances powered supports and an accident occurs he has an automatic legal responsibility as he has performed operations exceeding his job description. The same situation occurs if a supervisor instructs a coal miner to participate in an emergency rescue operation which exceeds the standard job description of a miner. Such a system is found to be irrational; introducing changes in the system of job descriptions for coal miners in the USSR is recommended.

  17. Criticism of the Legal Limitation on Maternal Child Custody after Death of Father in the Iranian Legal System

    Directory of Open Access Journals (Sweden)

    معصومه مظاهری

    2017-01-01

    Full Text Available Iranian custody laws encounter with legal gaps and challenges. One of these challenges is the interference between the mother’s custody and the paternal grandfather’s guardianship in case the father is not alive. So, it was expected that the Family Protection Law from 2012 pays attention to this important issue, namely the problems which are arisen from the lack of mother’s right to child’s guardianship in families. But the Family Protection Law did not only pay attention to important legal gaps, its article 43 on child custody can even cause new problems for families. According to this article, in case of father death, paternal grandfather can prevent the mother from her right to child custody. Therefore, this article will focus on the issue that, concerning legal gaps on the maternal child custody in the absence of mother’s right to child’s guardianship, article 43 of family protection law only causes increasing problems in the field of custody. In addition, this article will give some suggestions about mother’s right to child’s guardianship, and will offer some revisions for article 43 of the Family Protection Law. These suggestions provide that in case of deceased father, no one, in any event, can prevent mothers from their right to child custody, except in cases of article 1173 of Civil Law that is about child custody deprivation of parents.

  18. 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

  19. 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

  20. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

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

  1. 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)

  2. Civil Legislation and International Treaties: The Interaction within the Legal System of the Russian Federation

    OpenAIRE

    Eremenko, Alexander

    2010-01-01

    The article deals with analysis of theoretical aspects of the category of “international treaties” from the point of view of their place in the hierarchical structure of the legal system of the Russian Federation and their correlation to the civil legislation. The author describes the synthetic models of correlation of international treaties and national legislation and formulates these models as concepts of “super-nationalism”, “sub-constitutionalism”, “super-legalism” and “inter-legalism”....

  3. 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.

  4. "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.

  5. Political and legal implications of developing and operating a satellite power system

    Science.gov (United States)

    Hazelrigg, G. A., Jr.

    1977-01-01

    A number of political and legal implications of developing and operating a satellite power system (SPS) are identified and studied in this report. These include the vulnerability of SPS to actions of adversaries, communications impacts, the legality of an SPS in orbit including on-orbit military protection, alleviation of political concerns about deployment and operation of SPS, programmatic planning for SPS and the interaction of SPS with federal regulatory agencies and major departments. In comparing SPS to terrestrial power stations, it is seen that the political problems are neither clearly larger nor clearly smaller--they are clearly different and they are international in nature. If SPS is to become a reality these problems must be dealt with. Five major issues are identified. These must be resolved in order to obtain international acceptance of SPS. However, this study has found no insurmountable obstacles that would clearly prohibit the deployment, operation and protection of an SPS fleet.

  6. Public and previous consultation on administrative rulemaking in the Colombian legal system

    Directory of Open Access Journals (Sweden)

    Alejandro Gómez Velásquez

    2017-06-01

    Full Text Available The present article addresses the figure of previous and public consultation in administrative rulemaking in the Colombian legal system. Doing that, the article uses a comparative law, a systematic interpretation and a jurisprudential approach to propose some de lege ferenda and de lege data interpretation on the figure. The thesis aims to hold is that from the existing legal framework it is possible to preach the existence of the figure form certain regulations, but also in a generic form in the light of the provisions of Article 8.8 of CPACA. However, due to the imprecise way the consultation was regulated there will be desirable that the legislative branch develop it in more detail manner in the near future or the Consejo de Estado as the Colombian supreme court on this particular issue defining in a unified way the scope of the public consultation. While this occurs, this paper proposes a constitutional interpretation of the institution.

  7. CHILD’S GUARDIAN UNDER THE CROATIAN AND GERMAN LEGAL SYSTEM

    Directory of Open Access Journals (Sweden)

    Branka Rešetar

    2016-01-01

    Full Text Available In 2014 and 2015, Croatian family law went through a big reform which resulted in a new family law statute. It mostly concerns children’s rights, divorce proceedings, custody proceedings as well as regulation of family proceedings. The new Croatian Family Act fulfils international obligations and also implements the legal opinions of the European Court of Justice. The modification of the institution of guardian ad litem (child’s attorney, whose role is now further enhanced due to the above amendments, has led to the fact that the child is provided with a broader scope of rights with respect to active participate in the proceedings where his interests need to be represented. The importance of the institution of guardian ad litem is growing in response to the increasing concerns about the child’s welfare. The duties, qualifications and authority of a guardian ad litem require precise determination. In order to depict and demonstrate the importance of this independent child counsellor, it is necessary to highlight the appertaining changes that have been made throughout the history of the Croatian family legal system and compare them with those having occurred in the German legal system.

  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. 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.

  10. 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.

  11. Teenage abortion in Germany: with reference to the legal system in the United States.

    Science.gov (United States)

    Belling, D W; Eberl, C

    1996-01-01

    This document compares the legal aspects of induced abortion in the US and Germany with a focus on how each country treats minors who wish to undergo abortion. After a short introduction, the second section describes the legal approach to abortion in the US where women (including minors) have an implicitly recognized constitutional right to abortion until compelling state interest intervenes at a point where the unborn child would be viable outside of the womb. States, however, may permit parents to participate in their daughter's abortion decisions as long as a "judicial bypass procedure" exists to protect the minor's rights. Section 3 describes the situation in Germany, where no constitutional right to abortion exists and where the fetus is protected by the constitution. A minor's right to abortion is determined by the provisions governing whether or not an abortion can be performed, by age limitations, and by the custody rights of the parents. Relevant decisions of the Federal Constitutional Court in 1975 and 1993 are reviewed to show that women have a duty to carry a pregnancy to term unless the woman requests the abortion within 12 weeks of conception and submits to counseling which seeks to protect the fetus (such an abortion would be illegal but immune from prosecution). German court rulings on the competency of minors to render consent are then noted to show that even minors have ultimate responsibility with regard to abortion. Analysis of the legal situation in Germany continues with a look at the personal custody rights of parents and the limitations on those rights imposed by the constitutional rights of the child, by the child's age, and by the child's self-reliance and capacity to assume responsibility. The conclusion contrasts the US and German legal sources of limitation of parental rights over the decisions of minors and the ways each system determines the competency of a minor to make such a decision.

  12. Legal pluralism, hydraulic property creation and sustainability: the materialized nature of water rights in user-managed systems

    NARCIS (Netherlands)

    Boelens, R.; Vos, J.

    2014-01-01

    Worldwide, most irrigation systems are managed by farmer collectives, in contexts of legal pluralism. National and supranational legislation and policy-making, however, focus on governance frameworks established by State and market actors. Consequently, development planning often ignores farmers’

  13. 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

    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...... in selected legal jurisdictions, this study reveals the common legal features pertinent to the concept of crime that are shared by the major legal systems of the world. Particular attention has been given to the thorny and much debated area of the subjective element of a crime and the standards employed...... 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...

  14. 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.

  15. 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.

  16. Review of legal and institutional issues in the use of decentralized solar energy systems

    Energy Technology Data Exchange (ETDEWEB)

    Schweitzer, M.

    1980-04-01

    The legal and institutional issues involved in the use of decentralized solar energy systems are examined for the purpose of advising government planners and policymakers, the solar industry, solar researchers, and prospective solar users of present and potential impediments and incentives to solar commercialization. This information was gathered primarily through a comprehensive literature review, with supplementary data provided through interviews with representatives of organizations active in the solar field. Five major issue areas were identified in the course of this study: (1) prohibitions on the use of solar equipment, (2) regulation of the production and placement of solar systems, (3) access to sunlight, (4) financial incentives and impediments to the use of solar technologies, and (5) the public utility-solar user interface. Each can be important in its impacts on the incidence of solar usage. The major actors involved with the issues identified above represent both the private and public sectors. Important private sector participants include solar manufacturers and installers, labor unions, lending institutions, utility companies, solar users themselves, and other community property owners. In the public sector, local, state, and federal governments are all capable of acting in ways that can influence the solar commercialization effort. Implementation options are available for all levels of government seeking to take an active role in addressing the previously mentioned legal and institutional issues. The appropriate actions will vary from federal to state to local governments, but each level can be important in removing existing barriers and creating new incentives for solar use.

  17. Legal Basis of the Treasury System in Local Governments in the Second Republic of Poland

    Directory of Open Access Journals (Sweden)

    Anna Tarnowska

    2013-12-01

    Full Text Available The author of the article presents the legal basis of the treasury system of the local government during the period of so called Second Republic of Poland (1918–1939 i.e. “interwar period”. The author indicates a discrepancy between systems of the former Russian, Prussian and Austrian districts, aside from the autonomous Silesian Voivodeship created in 1920, and numerous issues distinctive for process of unification, not actually successful solved until 1939. The basic provisions were provided for in Provisional settlement of communal finances Act from 1923, amended several times and officially valid until the post-war years. The matter of local budgets has been standardized in the President`s Decree from 1924 concerning obligations and procedure of covering expenditures of local governments. Nevertheless, given regulations constituted a complicated, overextended and casual system.

  18. Medical abortion and manual vacuum aspiration for legal abortion protect women's health and reduce costs to the health system: findings from Colombia.

    Science.gov (United States)

    Rodriguez, Maria Isabel; Mendoza, Willis Simancas; Guerra-Palacio, Camilo; Guzman, Nelson Alvis; Tolosa, Jorge E

    2015-02-01

    The majority of abortions in Colombia continue to take place outside the formal health system under a range of conditions, with the majority of women obtaining misoprostol from a thriving black market for the drug and self-administering the medication. We conducted a cost analysis to compare the costs to the health system of three approaches to the provision of abortion care in Colombia: post-abortion care for complications of unsafe abortions, and for legal abortions in a health facility, misoprostol-only medical abortion and vacuum aspiration abortion. Hospital billing records from three institutions, two large maternity hospitals and one specialist reproductive health clinic, were analysed for procedure and complication rates, and costs by diagnosis. The majority of visits (94%) were to the two hospitals for post-abortion care; the other 6% were for legal abortions. Only one minor complication was found among the women having legal abortions, a complication rate of less than 1%. Among the women presenting for post-abortion care, 5% had complications during their treatment, mainly from infection or haemorrhage. Legal abortions were associated not only with far fewer complications for women, but also lower costs for the health system than for post-abortion care. We calculated based on our findings that for every 1,000 women receiving post-abortion care instead of a legal abortion within the health system, 16 women experienced avoidable complications, and the health system spent US $48,000 managing them. Increasing women's access to safe abortion care would not only reduce complications for women, but would also be a cost-saving strategy for the health system. Copyright © 2015 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

  19. Evaluation of the Hospital Information System how tool for the malaria surveillance in Amazônia Legal. Brazil, 1998-2005

    Directory of Open Access Journals (Sweden)

    Erika Valeska Rossetto

    2013-04-01

    Full Text Available Backgound and Objectives: The Hospital Information System of the Brazilian National Health System (SIH/SUS is a system geared to the management of hospital environments. The objective of this study was to evaluate the SIH/SUS how a tool for the malaria surveillance in Amazonia Legal. Methods: Were reviewed the records of hospital admissions caused by malaria of the SIH/SUS in the Amazonia Legal through January 1st, 1999 to December 31th, 2005. The evaluation was based on Updated Guidelines for Evaluating Public Health Surveillance Systems from Centers for Disease Control and Prevention. Results: Hospital admissions caused by malaria represent 0.98% (118,775 of total admissions followed the International Classification of Disease, by place of residence during the period in the Amazonia Legal, 41% (48,674 was recorded as unspecified malaria. Were recorded 150 deaths, and 100% for unspecified malaria. The curve of the rate of hospitalization is downward, 0.96% in 1998, 0.60% in 2000 and 0.46% in 2005.The costs to the Brazilian National Health System of the hospital admissions caused by unspecified malaria was R$ 7,595,701.36. Conclusion: The overall results of the evaluations of attributes and the response that the system provides for effective surveillance of the disease, make the system useful. It should establish a routine operation of this system as a source of information in the surveillance health services. KEYWORDS: Malaria, Surveillance. Hospitalization. Evaluation. Information System.

  20. 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.

  1. Legal frame work and implementation of the strengthened safeguards system in Indonesia

    International Nuclear Information System (INIS)

    Solichah, M.; Zarkasi, A.S.

    2001-01-01

    Full text: Nuclear legislation in Indonesia was initiated by Act No.31 Year 1964. Under the act the government established National Atomic Energy Agency (BATAN), which was responsible for promotional and development activity as well as for regulatory activity. Since 1997 Indonesia has Act No. 10,1997 on Nuclear Energy, which replaced Act No.31 Year 1964, under article 3 and 4 of the Act No. 10,1997 the Indonesian Government established the separation of executing body and regulatory body, which are directly responsible to the President. The regulatory body has the task to control any activity using nuclear energy by establishing regulations, conduct licensing processes and inspections. In 1998 the Indonesian Government established the Nuclear Energy Control Boards or BAPETEN by the Presidential degree No. 76/1998. Indonesia's nuclear activity is used for peaceful purposes; it is stated clearly under article 15 Act no. 10 that one of the objectives of the control is to 'prevent the diversion of the purpose of the nuclear energy utilization'. Indonesia has seven facilities, which are safeguarded. The facilities are three research reactor in Serpong (30 MWt.), Bandung (2 MWt), and Yogyakarta (100 kWt), four other nuclear facilities are LEU Fuel Element fabrication installation, Experimental Fuel Element installation, radiometallurgy installation and Interim Storage for spent fuel. Indonesia signed the Non-Proliferation of Nuclear Weapons (NPT) in 1970 and ratified it in 1978. On 14 July 1980 Indonesia signed the Safeguards Agreement. The structure and content of the agreement is the same as INFCIRC/153 (corrected) which is called full scope (Comprehensive) Safeguards agreement. Based on the agreement, BAPETEN established Chairman decree No. 13/Ka. BAPETEN/99 on SSAC. The Chairman Decree is a legal basis for implementation of Comprehensive Safeguards in Indonesia. Based on the Chairman degree, BAPETEN as a National Authority has the right to verify and inspect the

  2. 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

  3. 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.

  4. 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 ...

  5. Legal, ethical, and methodological considerations in the Internet-based study of child pornography offenders.

    Science.gov (United States)

    Ray, James V; Kimonis, Eva R; Donoghue, Christine

    2010-01-01

    With its ever-growing penetration of remote regions of the world, the Internet provides great opportunity for conducting research. Beyond clear advantages such as increased cost-effectiveness and efficiency in collecting large samples, Internet-based research has proven particularly useful in reaching hidden or marginalized populations who engage in illegal or deviant behaviors. However, this new medium for research raises important and complex legal, ethical, and methodological/technological issues that researchers must address, particularly when studying undetected criminal behaviors. The current paper chronicles various issues that were encountered in the implementation of an active Internet-based pilot research study of child pornography (CP) users. Moreover, this study was undertaken to address a critical gap in the existing research on CP offending, which has to date primarily focused on incarcerated or convicted samples. The Internet provides the optimal medium for studying community populations of CP users, given that it has become the primary market for CP distribution. This paper is designed to serve as a guide for researchers interested in conducting Internet-based research studies on criminal and sexually deviant populations, particularly CP offenders. Several recommendations are offered based on our own experiences in the implementation of this study. Copyright 2009 John Wiley & Sons, Ltd.

  6. 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

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

    Directory of Open Access Journals (Sweden)

    І. M. Alieksieieva

    2017-12-01

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

  8. Ethical and legal issues in cross-system practice in India: Past, present and future.

    Science.gov (United States)

    Math, Suresh Bada; Moirangthem, Sydney; Kumar, Naveen C; Nirmala, Maria Christine

    2015-01-01

    Recent changes in policies allowing practitioners of Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) to integrate into the mainstream of healthcare and also allowing practitioners of Ayurveda and Homoeopathy to perform medical termination of pregnancy (MTP) under the proposed amendment to the MTP bill have brought crosssystem practice into the limelight. We evaluate cross-system practice from its legal and ethical perspectives. Across judgments, the judiciary has held that cross-system practice is a form of medical negligence; however, it is permitted only in those states where the concerned governments have authorized it by a general or special order. Further, though a state government may authorize an alternative medicine doctor to prescribe allopathic medicines (or vice versa), it does not condone the prescription of wrong medicines or wrong diagnosis. Courts have also stated that prescribing allopathic medicines and misrepresenting these as traditional medicines is an unfair trade practice and not explaining the side-effects of a prescribed allopathic medicine amounts to medical negligence. Finally, the Supreme Court has cautioned that employing traditional medical practitioners who do not possess the required skill and competence to give allopathic treatment in hospitals and to let an emergency patient be treated by them is gross negligence. In the event of an unwanted outcome, the responsibility is completely on the hospital authorities. Therefore, there is an urgent need to abolish cross-system practice, invest in healthcare, and bring radical changes in health legislations to make right to healthcare a reality. Copyright 2015, NMJI.

  9. 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…

  10. Performance-Based Budgeting in South-Eastern Europe: A Legal and Economic Perspective

    Directory of Open Access Journals (Sweden)

    Aleksandra Maksimovska Veljanovski

    2014-07-01

    Full Text Available During the 2008–2013 period, a wave of fresh ideas for introducing performance-based budgeting (PBB occurred in the region of South-Eastern Europe. Based on a theoretical framework and empirical assessment using novel methodology, this study examines the preconditions and assesses the capacities for introducing PBB in South-Eastern European (SEE countries. Generally, SEE countries have demonstrated moderate progress in implementing elements of performance budgeting. All of them follow a similar approach to embarking on these reforms, but with a different policy attention to certain aspects. On the other hand, SEE countries with limited progress demonstrate strong political commitment to kick-start this area by investing in the development of budget administration skills. The study conveys a balanced mix of political, legal, administrative and economic analysis of the core elements of PBB. The novel idea of introducing a simpler model of PBB in SEE is examined. To the best of our knowledge, this is the first systematic attempt to provide a comprehensive analysis of the institutional arrangements and prospects for adopting PBB in the region of South-Eastern Europe.

  11. We, the People of the World...Student Perspectives. Special Programs in Citizenship Education: Comparative Legal Systems. Student Manual.

    Science.gov (United States)

    Montgomery, Marjorie, Ed.; Moulden, Richard G., Ed.

    A compilation of student impressions of legal systems and constitutions in different countries, this booklet contains examples of student work completed at a 5-day law related education institute in Washington, D.C. in 1990. The institute brought together students representing seven different countries (China, France, United Kingdom, the…

  12. [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.

  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. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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

  19. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  20. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  1. 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.

  2. Legal Education Beyond Dogmatism: A Case Study Based on Nussbaum Humanist Perspective

    Directory of Open Access Journals (Sweden)

    Carlos Eduardo Paletta Guedes

    2016-12-01

    Full Text Available This article begins with a critical account of Brazilian legal education, devoted to official language and lack of reflexiveness. Any attempt to innovate deserves to be researched. The focus of the study is the discipline “Legal Institutions” taught at the UFJF, which adopts innovative pedagogical methods, especially movies and online platform. Using Martha Nussbaum concept of “cultivating humanity”, empirical-qualitative research was implemented, investigating if this method developed in the students the capacities Nussbaum describes. The data and the qualitative analysis indicate that those innovations have been successful in developing those capacities

  3. Setting the legal standard of care for treatment and evidence-based medicine: a case study of antenatal corticosteroids.

    Science.gov (United States)

    McMurtrie, Lachlan

    2006-11-01

    This article argues that liability for negligent medical treatment should be predicated upon a standard of care reflecting what is medically and scientifically reasonable. Legal science (jurisprudence) and medical science (evidence-based medicine) should be reconciled to improve patient care and outcomes. The use of antenatal corticosteroids in obstetrics during the 1990s illustrates how most jurisprudence for setting the standard of care for treatment is ill equipped to meet the fundamental aims of tort law. The proliferation of evidence-based medical practice provides a unique opportunity for the law to encourage best medical practice when setting the standard of care for treatment. It is argued that, eventually, the law should recognise clinical practice guidelines as the prima facie standard of care for treatment. This will provide legal certainty, appropriate medical practitioner accountability, and ultimately improve patient care and outcomes.

  4. 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.

  5. 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…

  6. 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.

  7. 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

  8. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

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

  9. Legal system involvement and costs for persons in treatment for severe mental illness and substance use disorders.

    Science.gov (United States)

    Clark, R E; Ricketts, S K; McHugo, G J

    1999-05-01

    Persons with co-occurring severe mental illness and substance use disorders were followed for three years to better understand how they are involved with the legal system and to identify factors associated with different kinds of involvement. Data came from a three-year study of 203 persons enrolled in specialized treatment for dual disorders. Cost and utilization data were collected from multiple data sources, including police, sheriffs and deputies, officers of the court, public defenders, prosecutors, private attorneys, local and county jails, state prisons, and paid legal guardians. Over three years 169 participants (83 percent) had contact with the legal system, and 90 (44 percent) were arrested at least once. Participants were four times more likely to have encounters with the legal system that did not result in arrest than they were to be arrested. Costs associated with nonarrest encounters were significantly less than costs associated with arrests. Mean costs per person associated with an arrest were $2,295, and mean costs associated with a nonarrest encounter were $385. Combined three-year costs averaged $2,680 per person. Arrests and incarcerations declined over time. Continued substance use and unstable housing were associated with a greater likelihood of arrest. Poor treatment engagement was associated with multiple arrests. Men were more likely to be arrested, and women were more likely to be the victims of crime. Effective treatment of substance use among persons with mental illness appears to reduce arrests and incarcerations but not the frequency of nonarrest encounters. Stable housing may also reduce the likelihood and number of arrests.

  10. 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.

  11. 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

  12. 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

  13. 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

    2015-04-01

    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 rhinoceros population above its current size was to provide a medium increase in antipoaching effort and to increase the monetary fine on conviction. Without legalizing the trade, implementing such a scenario would require covering costs equal to approximately $147,000,000/year. With a legal trade in rhinoceros horn, the conservation enterprise could potentially make a profit of $717,000,000/year. We believe the 35-year-old ban on rhinoceros horn products should not be lifted unless the money generated from trade is reinvested in improved protection of the rhinoceros population. Because current protection efforts seem to be failing, it is time to evaluate, discuss, and test alternatives to the present policy. © 2014 The Authors. Conservation Biology published by wiley

  14. Legal suits: pharmaceutical industry strategies to introduce new drugs in the Brazilian public healthcare system.

    Science.gov (United States)

    Chieffi, Ana Luiza; Barata, Rita de Cássia Barradas

    2010-06-01

    To assess the distribution rate of legal suits according to drug (manufacturer), prescribing physician, and attorney filing the lawsuit. A descriptive study was carried out to assess the lawsuits in the São Paulo State (Southeastern Brazil) courts registry in 2006, and amounts spent in complying with these lawsuits, and total costs with medication thus resulting. In 2006, the São Paulo State Administration spent 65 million Brazilian reais in compliance with court decisions to provide medication to approximately 3,600 individuals. The total cost of the medication was 1.2 billion Brazilian reais. In the period studied, 2,927 lawsuits were examined. These lawsuits were filed by 565 legal professionals, among which 549 were attorneys engaged by private individuals (97.17% of the total legal professionals). The drugs scope of the lawsuits had been prescribed by 878 different physicians. By assessing the number of lawsuits filed per attorney, it was found that 35% of them were brought before the courts by 1% of them. The data related to the lawsuits and to the medication classified according to manufacturer, show that a small number of attorneys is responsible for the largest number of lawsuits filed to obtain these drugs. The finding that more than 70% of the lawsuits filed for certain drugs are the responsibility of one single attorney, may suggest a close connection between this professional and the manufacturer.

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

    Directory of Open Access Journals (Sweden)

    Victor Terekhov

    2017-01-01

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

  16. 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

  17. The patriarcal sovereignity: The criminal legal system in the treatment of sexual violence against women

    OpenAIRE

    Andrade, Vera Regina Pereira de

    2005-01-01

    This paper points out, under a theoretical important moment of Criminology, developed based on social control paradigm, mainly the critical and feminist Criminology, the operation of criminal justice system regarding sexual violence against woman (especially rape), observing patriarchate sovereignty and an increase of violence that it has inside itself, as well as to the inclusion need and coresponsibility of everyone, as institutional or symbolic ...

  18. 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?

  19. 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.

  20. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

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

  1. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  2. Proving the infringement of digital intellectual property rights: Overview of the Anglo-saxon legal system

    Directory of Open Access Journals (Sweden)

    Spasić Vidoje

    2015-01-01

    Full Text Available The multifaceted process of identifying and proving the infringement of intellectual property rights is further complicated and aggravated in the so-called analogue environment. The development of Information Technologies has given rise to a new set of problems. The digital technology has facilitated the infringement of intellectual property rights and additionally aggravated the process of proving these infringements. Hence, it is the duty of digital forensics to identify relevant (valid evidence and present it in the court of law, which is not an easy task. In that course, the problems are twofold: legal and technical. First of all, the legislation in many countries is not adjusted to resolving the issues constantly emerging in the digital environment and there are apparent differences in the manner of regulating these issues. On the other hand, there is no standardized and unified technology which would provide for a uniform qualification and comprehensive treatment of these issues. Moreover, the place of commission of these criminal offences as a rule does not coincide with the place of occurring legal consequences. Yet, in spite of all these difficulties, there are technological methods and tools which facilitate the detection of cybercrime and provide evidence for securing relevant punishment. In the time to come, the developments in this area are expected to be aimed at strengthening the protection of legitimate interests of holders of intellectual property rights.

  3. 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.

  4. 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.

  5. 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).

  6. 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.

  7. 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.

  8. 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.

  9. 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

  10. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

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

  11. 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

  12. 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…

  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. 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.

  15. 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

  16. Ethico-legal aspects of hospital-based blood transfusion practice ...

    African Journals Online (AJOL)

    Methods: Relevant articles retrieved via PubMed/MEDLINE and Google scholar search engines were used. Results: This review found that, medical practitioners are directly or vicariously liable in professional negligence in hospital-based transfusion injuries. The potential weaknesses in hospital-based blood transfusion ...

  17. 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.

  18. Effects of prenatal alcohol exposure in a prospective sample of young adults: Mental health, substance use, and difficulties with the legal system.

    Science.gov (United States)

    Lynch, Mary Ellen; Kable, Julie A; Coles, Claire D

    2017-11-01

    Few studies have focused on the transition to adulthood in adults with prenatal alcohol exposure (PAE). In this study, we examine the occurrence of problem behavior at this transition, including mental health problems, substance use, and difficulties with the legal system. The sample is prospective and provides an opportunity to examine effects of a wide range of prenatal exposure. Adults with PAE were expected to show more problem behavior; the impact of level of exposure was examined as well. The sample was drawn from a predominantly low-income, African-American population. Mothers of the alcohol-exposed participants (n=123) and those in the non-exposed SES-Control group (CONT) (n=59) were recruited at a prenatal visit when information on alcohol and drug use during pregnancy was collected. A disability contrast group (n=54) was recruited at adolescence. The adults with PAE were assigned to three groups varying in physical and cognitive effects of exposure. This report is based on the adults' responses to interviews or questionnaires on problem behavior and laboratory tests related to substance use. Adults with PAE showed more problem behavior in all three areas than adults from the CONT group. For mental health problems, the exposed group showing cognitive, but not physical effects, had the highest scores; their scores were similar, however, to those of the disability contrast group on several scales. Results for outcomes on substance use and legal difficulties were less consistent, but, when significant effects occurred, the group that was exposed, but neither physically nor cognitively affected, was more likely to show negative outcomes. Males in this group were most involved in these behaviors. Effects of PAE continue into early adulthood and affect mental health problems, substance use, and interactions with the legal system. Adults who are exposed, but less physically affected, seem to be the most involved in problem behavior. More research is necessary to

  19. 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 ...

  20. “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.

  1. 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…

  2. 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

  3. 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)

  4. Marijuana-Perinatal and Legal Issues With Use During Pregnancy.

    Science.gov (United States)

    Krening, Cynthia; Hanson, Keri

    Although still illegal at the federal level, marijuana has been legalized for medical and/or recreational use in 29 states, causing a dynamically changing legal and social landscape. While the legalization of marijuana at the state level provides criminal protection for use by adults, there remain civil legal implications for families brought about by mandated reporting laws. Mandated reporting requirements have not been updated to account for the movement toward legalization, risking overload of community child protection resources. There is little evidence to inform development of guidelines and protocols for screening, educating, testing of mothers and newborns, and reporting. There are perinatal issues in this evolving environment as well. Discriminatory testing, length of time the drug remains in the system, potential for compromised provider-patient relationships, inconsistent education and referrals, breastfeeding during marijuana use, punitive or legal interventions that may have a negative psychosocial impact on a new family, and the risk for development of community standards of care based on opinion rather than science are just a few of the issues realized after marijuana legalization. These legal and perinatal issues are discussed in detail, along with considerations for practice and policy in caring for cannabis-exposed pregnant women and newborns.

  5. 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.

  6. 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.

  7. Autonomous Weapon Systems: A Brief Survey of Developmental, Operational, Legal, and Ethical Issues

    Science.gov (United States)

    2015-12-01

    to be attuned to public awareness of battlespace operations and any implicit promise of war without casualties. Enabled by ubiquitous social media ...U.S. Army Tank- Automotive Command (TACOM) and DARPA work on the Ad- vanced Ground Vehicle Technology and the Naval Ocean Systems Center work on Ground...mainstream discussions regarding military unmanned systems and AWS are dominated by issues related to the use of armed drones. Popular media fo- cuses on

  8. 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.

  9. Tackling pollution of the Mediterranean Sea from land-based sources by an integrated ecosystem approach and the use of the combined international and European legal regimes

    NARCIS (Netherlands)

    Hildering, Antoinette; Keessen, Andrea M.; Rijswick, H.F.M.W. van

    2009-01-01

    The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of

  10. 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.

  11. European Fundamental Rights and Private Law : The Dutch System in the Context of Different Legal Families

    NARCIS (Netherlands)

    Colombi Ciacchi, Aurelia; Heiderhoff, Bettina; Lohsse, Sebastian

    2016-01-01

    The present chapter embeds the Dutch system of horizontal application of European fundamental rights in private law in the broader context of different groups (“families”) of European countries. Section 2 provides some definitions of “European fundamental rights”, “private law”, “vertical effect”,

  12. Right to family reunification in the European Union: A comparison with the Norwegian legal system

    OpenAIRE

    Paszek, Danuta Monika

    2013-01-01

    In this paper, I will make a comparison between the EU legislation and the current Norwegian legislation on the field of family reunification, and point out the differences between those two systems. The directives that are discussed are the family reunification directive, 2003/86/EC and directive 2004/38/EC, compared with the Norwegian Immigration Act (utlendingsloven).

  13. Factors Contributing to Disproportionality in the Child Welfare System: Views from the Legal Community

    Science.gov (United States)

    Dettlaff, Alan J.; Rycraft, Joan R.

    2010-01-01

    A critical shortcoming in the existing body of research addressing racial disproportionality in the child welfare system is the lack of inclusion of external stakeholders in attempts to understand and address this issue. This article reports the results of a study designed to develop a deeper understanding of disproportionality from the views of…

  14. 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

  15. 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 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 desde 1990 hasta 2013, y

  16. 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.

  17. 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.

  18. 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.

  19. A Public Health Framework for Legalized Retail Marijuana Based on the US Experience: Avoiding a New Tobacco Industry.

    Directory of Open Access Journals (Sweden)

    Rachel Ann Barry

    2016-09-01

    Full Text Available Rachel Barry and Stanton Glantz argue that a public health framework that prioritizes public health over business interests should be used by US states and countries that legalize retail marijuana.

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

    OpenAIRE

    Magdalena Butrymowicz

    2016-01-01

    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. Polis...

  1. 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.

  2. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

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

  3. 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

  4. 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.

  5. 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…

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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

  11. 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

  12. 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.

  13. Cell-based veterinary pharmaceuticals – Basic legal parameters set by the veterinary pharmaceutical law and the genetic engineering law of the European Union

    Directory of Open Access Journals (Sweden)

    Timo Faltus

    2016-11-01

    Full Text Available 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 authorisation 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 authorisation 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.

  14. 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

  15. Tackling pollution of the Mediterranean Sea from land-based sources by an integrated ecosystem approach and the use of the combined international and European legal regimes

    Directory of Open Access Journals (Sweden)

    Antoinette Hildering

    2009-06-01

    Full Text Available The successful protection of marine and freshwater areas and ecosystems, including specially protected areas, is highly dependent on the effectiveness of an integrated approach to prevent and combat land-based pollution. Several legal regimes have been developed to regulate and solve this kind of pollution on the international level as well as on the European level. Therefore, this integrated approach requires coherence between European and international legal regimes and between the regulation of freshwater and the seas. An effective legal regime should provide clear goals and clear responsibilities and take into account the relevant impacts and pressures and the transboundary elements of the action against pollution of the sea from land-based source areas, and therefore respond to the need for cooperation between states and the need for an integrated approach to regulate all impacts and pressures that could influence the goals and targets for the specific protected areas. Integrated programmes of measures are necessary and so are arrangements for cooperation and dispute settlement. The protection of the Mediterranean Sea is taken as an example of the integrated ecosystem approach to protect marine regions. The article focuses on pollution caused by land-based sources. The combined rights and obligations under EU law and international law – in particular the Barcelona Convention – are discussed, as well as the required integrated approach towards the marine environment. Existing legal protection regimes for marine regions and river basin catchment areas in both international and European law are analyzed in order to identify the promises and challenges for a coherent legal regime.

  16. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  17. 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

  18. 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.

  19. [Changes in the legally mandated distribution of competency for mosquito control based on experience on Reunion Island].

    Science.gov (United States)

    Pinchon, R

    2012-03-01

    The purpose of this article is to describe the legal framework for controlling mosquito vectors of diseases transmissible to human beings in certain locations such as Reunion Island. A distinction is made between general legal measures for insect vector control and specific measures for mosquito control. Regionalization is a major factor in the legal framework for insect vector control, thus limiting the scope of action by the prefecture. Another factor involves the increasing role of an important new player, i.e., the regional health agencies. Mosquito vector control raises the need to impose and enforce measures on the general public as well as private citizens. Failure to comply with these measures is punishable by sanctions and fines with no diminishing effect on de jure implementation of control measures by public agencies.

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

    Directory of Open Access Journals (Sweden)

    Aleksandra M. Sil’chenko

    2014-01-01

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

  1. 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.

  2. 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

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

    Science.gov (United States)

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

    2015-10-01

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

  4. 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....

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

    Directory of Open Access Journals (Sweden)

    Valentin Tomuleţ

    2013-12-01

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

  6. Case-Based Instruction to Teach Educators about the Legal Parameters Surrounding the Discipline of Students with Disabilities

    Science.gov (United States)

    Decker, Janet R.; Pazey, Barbara L.

    2017-01-01

    Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…

  7. 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.

  8. 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

  9. 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

  10. 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 = nursing 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.

  11. 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

  12. BITCOIN - BETWEEN LEGAL AND INFORMAL

    Directory of Open Access Journals (Sweden)

    Loredana MAFTEI

    2014-09-01

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

  13. Legal Personality as a Fundamental Concept of International Law

    NARCIS (Netherlands)

    Brölmann, C.; Nijman, J.

    2017-01-01

    Legal personality is generally understood as the capability to be - in traditional anthropomorphic terms - ‘the bearer of legal rights and obligations’. Legal personality is a structuring tool in legal systems, not least that of international law, as it indicates who are the participants. This paper

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

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

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

  15. 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

  16. 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.

  17. 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....

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

    OpenAIRE

    Di Minin, Enrico; Laitila, Jussi; Montesino Pouzols, Federico; Leader-Williams, Nigel; Slotow, Rob; Goodman, Peter; Conway, Anthony; 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 s...

  19. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

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

  20. Ground Based Systems

    OpenAIRE

    2014-01-01

    The Naval Postgraduate School and the Navy’s Center for Interdisciplinary Remotely Piloted Aircraft Studies (CIRPAS) in collaboration with ProSensing Inc. has modified an X-Band tactical radar system to add a weather observation mode. The new system was named MWR-05XP (Mobile Weather Radar, 2005 X-Band, Phased Array) and is the first mobile, electronically scanned phased array radar developed for weather sensing applications. Key system parameters of the MWR-05XP rapid scanning radar...

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

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

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

  2. 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.

  3. 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.

  4. 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...

  5. 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

  6. 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 ...

  7. 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.

  8. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

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

  9. ASCOT data base management system

    Energy Technology Data Exchange (ETDEWEB)

    Barbieri, J.; Nyholm, R.; Castro, C.; Hill, K.

    1980-07-01

    The ASCOT data base management system is designed to handle the data produced by both the experimental and theoretical efforts of the DOE Atmospheric Studies in Complex Terrain (ASCOT) project. The data base envisioned is hierarchically structured, sparse, and compact. Information concerning any given data file is stored in a directory file. The data base management system uses a relational data management approach. Presently three management schema are being developed for use with the data base. 5 figures.

  10. Legal origin, colonial origin and deforestation

    OpenAIRE

    Sébastien MARCHAND

    2011-01-01

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

  11. 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)

  12. Sphere based fluid systems

    Science.gov (United States)

    Elleman, Daniel D. (Inventor); Wang, Taylor G. (Inventor)

    1989-01-01

    Systems are described for using multiple closely-packed spheres. In one system for passing fluid, a multiplicity of spheres lie within a container, with all of the spheres having the same outside diameter and with the spheres being closely nested in one another to create multiple interstitial passages of a known size and configuration and smooth walls. The container has an inlet and outlet for passing fluid through the interstitial passages formed between the nested spheres. The small interstitial passages can be used to filter out material, especially biological material such as cells in a fluid, where the cells can be easily destroyed if passed across sharp edges. The outer surface of the spheres can contain a material that absorbs a constitutent in the flowing fluid, such as a particular contamination gas, or can contain a catalyst to chemically react the fluid passing therethrough, the use of multiple small spheres assuring a large area of contact of these surfaces of the spheres with the fluid. In a system for storing and releasing a fluid such as hydrogen as a fuel, the spheres can include a hollow shell containing the fluid to be stored, and located within a compressable container that can be compressed to break the shells and release the stored fluid.

  13. LEGAL BASES FOR DISCLOSING CONFIDENTIAL PATIENT INFORMATION FOR PUBLIC HEALTH: DISTINGUISHING BETWEEN HEALTH PROTECTION AND HEALTH IMPROVEMENT.

    Science.gov (United States)

    Taylor, Mark J

    2015-01-01

    The disclosure of confidential patient data without an individual's explicit consent should be for purposes that persons have reason to both expect and accept. We do not currently have the required level of clarity or consistency in understanding regarding the disclosure of confidential patient information for public health purposes to support effective public dialogue. The Health Service (Control of Patient Information) Regulations 2002 establish a legal basis in England and Wales for data to be disclosed for public health purposes without patient consent. Under the Regulations, there is more than one potential route towards lawful processing: Data may be processed for public health purposes under both Regulations 3 and 5. The alternatives have different safeguards and conditions attached, and their respective applicability to processing for purposes of public health improvement is currently unclear and subject to review. Beyond the need for clarity regarding the safeguards applicable to processing for particular public health purposes, there are reasons to prefer recognition that Regulation 5 is the most appropriate legal basis for disclosure when the purpose is public health improvement rather than public health protection. Where health improvement, rather than protection, is the aim, there is no justification for discarding the additional safeguards associated with processing under Regulation 5. © The Author 2015. Published by Oxford University Press.

  14. 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.

  15. 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...... and operational data that is used within a university for daily routine work. This paper presents a hybrid cloud computing model for higher education institutions to share intellectual data. Moreover, it proposes, the strategies for the implementation of the cloud computing in the academic institutions. Keywords...

  16. 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.

  17. Feed-in of biogas into the natural gas distribution system. Legal topics, insurance topic and financial topics; Einspeisung von Biogas in das Erdgasnetz. Rechts-, Finanzierungs- und Versicherungsfragen

    Energy Technology Data Exchange (ETDEWEB)

    Degenhart, Heinrich; Hohlbein, Bernhard; Schomerus, Thomas (eds.)

    2012-11-01

    The book under consideration consists of the following contributions: (1) Legal topics, insurance topic and financial topics of the feed-in of biogas (I. Bleuel); (2) Feed-in of biogas in natural gas distribution systems - market and economic efficiency (J. Krassowski); (3) The Feed-in of biogas in the context of the environmental energy law (T. Mueller); (4) Regulation issues for the grid connection of biomass conversion plants (D. Konrad); (5) Design of contracts for the feed-in of biogas (H. von Bredow); (6) Liability insurance for biogas processing plants (K. Thiesen); (7) Procurement of equity capital (B. Drescher); (8) Opportunities and limits of external financing (A. Schuenemann).

  18. 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.

  19. 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.

  20. Educação especial e inclusiva no ordenamento jurídico brasileiro Special and inclusive education on brazilian legal system

    Directory of Open Access Journals (Sweden)

    Erenice Natália Soares de Carvalho

    2013-06-01

    . Ordenamento jurídico.In Brazil, the legal system where special and inclusive education is based upon is broad and has conquered some enhancements. However, we can observe contradictions and normative conflicts that affect its application into the teaching system’s organization and the inclusive education implementation. This reflection was conducted through this study, which has as an main objective, to identify divergences among various legal dispositions in force and the necessity to overcome them, taking into consideration that they discipline public policies, determining it’s finalities, coordinates and actions. It then becomes essential the coherence of these regulations, in order that the systems of teaching can achieve the necessary transformations towards an special and inclusive education, guided by MEC in the National Policy of Education in the perspective of Inclusive Education, from 2008. The legal instruments presented here in this work include the Federal Constitution of 1998, Law Nº 9.394/96, of the Guidelines and Bases of the National Education, as well as resolutions CNE/CEB Nº 2/2001 and Nº 4/2009, the decree Nº 7.611/2011, and others. The values of inclusive and special education in the country have a perspective of valorization of diversity aligned with evolution of knowledge and culture, demanding in response a proper legislation suited for our present historical moment. There lies the emergency of overcoming contradictions and conflicts that still exist, in a way that the desired educational advances for the country can at last become effective.

  1. 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…

  2. Ten Guidelines for Translating Legal Texts

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2017-12-01

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

  3. 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 ...

  4. 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

  5. Legal training of students in medical schools

    Directory of Open Access Journals (Sweden)

    А. А. Kablukov

    2014-04-01

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

  6. 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.

  7. 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.

  8. Financial community's perceived impacts which could result from default or successful legal challenge by participants in Washington Public Power Supply System Nuclear Project Nos. 4 and 5

    Energy Technology Data Exchange (ETDEWEB)

    1982-07-02

    Views and opinions were gathered from financial experts on the possible financial impacts and consequences that a Supply System bond default or successful legal challenge could have on the region's future ability to raise capital. Information is presented concerning power development in the Northwest; termination of WNP-4 and WNP-5 reactors; impact and consequences of default; and impact of successful legal challenge to take or pay contracts.

  9. 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)

  10. 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.

  11. 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

  12. 21 CFR 120.9 - Legal basis.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 2 2010-04-01 2010-04-01 false Legal basis. 120.9 Section 120.9 Food and Drugs FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) FOOD FOR HUMAN CONSUMPTION HAZARD ANALYSIS AND CRITICAL CONTROL POINT (HACCP) SYSTEMS General Provisions § 120.9 Legal basis...

  13. 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

  14. 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.

  15. Legal Education Reform: Modest Suggestions.

    Science.gov (United States)

    Watson, Alan

    2001-01-01

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

  16. 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 ...

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

    Science.gov (United States)

    Van Hook, M P; Ngwenya, B N

    1996-01-01

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

  18. Means to improve access to justice and legally empower victims of domestic violence: An empirical legal study on legislation and legal offices in Buenos Aires, Argentina

    NARCIS (Netherlands)

    Marotta, J.

    2014-01-01

    The purpose of this study is to understand how recent legal reforms and the creation of legal offices in Argentina may improve access to justice and legally empower victims of domestic violence. The paper looks into the way the judicial system developed to provide suitable options for victims of

  19. 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.

  20. Quantifying the influence of safe road systems and legal licensing age on road mortality among young adolescents : Steps towards system thinking

    NARCIS (Netherlands)

    Twisk, Divera; Commandeur, Jacques J.F.; Bos, Niels; Shope, Jean T.; Kok, Gerjo

    2015-01-01

    Based on existing literature, a system thinking approach was used to set up a conceptual model on the interrelationships among the components influencing adolescent road mortality, distinguishing between components at the individual level and at the system level. At the individual level the role of

  1. Quantifying the influence of safe road systems and legal licensing age on road mortality among young adolescents : steps towards system thinking.

    NARCIS (Netherlands)

    Twisk, D.A.M. Commandeur, J.J.F. Bos, N.M. Shope, J.T. & Kok, G.

    2014-01-01

    Based on existing literature, a system thinking approach was used to set up a conceptual model on the interrelationships among the components influencing adolescent road mortality, distinguishing between components at the individual level and at the system level. At the individual level the role of

  2. 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.

  3. 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.

  4. 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

  5. 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.

  6. 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

  7. Does the Shoe Fit? Ethical, Legal, and Policy Considerations of Global Positioning System Shoes for Individuals with Alzheimer's Disease.

    Science.gov (United States)

    Yang, Y Tony; Kels, Charles G

    2016-08-01

    As the overall incidence of Alzheimer's disease rises, the burden on caregivers and law enforcement institutions will increase to find individuals who wander. As such, technological innovations that could reduce this burden will become increasingly important. One such innovation is the GPS Shoe. As with any innovation involving the transfer of personal data to third parties, potential pitfalls with respect to loss of privacy and inadequate consent counterbalance the substantial promise of GPS shoes. To some extent, advance planning can mitigate these concerns, wherein individuals willingly elect to be monitored before their impairments progress to a stage that makes such authorization impractical. Nonetheless, tension may arise between the peace of mind of caregivers and family members and other important considerations at the intersection of autonomy, privacy, dignity, and consent. Ultimately, confronting ethical, legal, and policy considerations at the front end of product development and deployment will help ensure that new technologies are used wisely and that their lifesaving potential is realized. © 2016, Copyright the Authors Journal compilation © 2016, The American Geriatrics Society.

  8. 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…

  9. Managing Legal Texts in Requirements Engineering

    Science.gov (United States)

    Otto, Paul N.; Antón, Annie I.

    Laws and regulations are playing an increasingly important role in requirements engineering and systems development. Monitoring systems for requirements and policy compliance has been recognized in the requirements engineering community as a key area for research. Similarly, legal compliance is critical in systems development, especially given that non-compliance can result in both financial and criminal penalties. Working with legal texts can be very challenging, however, because they contain numerous ambiguities, cross-references, domain-specific definitions, and acronyms, and are frequently amended via new statutes, regulations, and case law. Requirements engineers and compliance auditors must be able to identify relevant legal texts, extract requirements and other key concepts, and monitor compliance. This chapter surveys research efforts over the past 50 years in handling legal texts for systems development. This survey can aid requirements engineers and auditors to better specify, test, and monitor systems for compliance.

  10. 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

  11. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

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

  12. 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.

  13. Memory-Based Expert Systems

    Science.gov (United States)

    1992-12-01

    relevant cases quickly from a large memory -plus the requirement for an explicit theory of index content in the complex social domain where relevance often...Sep 89 - 31 Jan 92 4. TITLE AND SUBTITLE 5. FUNDING NUMBERS " MEMORY -BASED EXPERT SYSTEMS" (U) 61102F 2304/A7 6. AUTHOR(S) Dr. Roger C. Schank 7...three problems: (1) The development of a robust memory -based parsing technology (Direct Memory Access Parsing, or DMP), (2) The development of case

  14. 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.

  15. 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? ".

  16. 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.

  17. A Legal Approach to Combating Terrorism: Modern Dimension ...

    African Journals Online (AJOL)

    Terrorism is a behavioural flu plaguing the entire world at an alarming rate. Legal prescriptions based on legal prognosis have been in the form of application of sanctions directed against terrorists. Additionally, a hostile attitude to terrorists as reflected in the legal instruments rolled out to contain the dreaded affliction is ...

  18. 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…

  19. Distributed event-based systems

    National Research Council Canada - National Science Library

    Mühl, Gero; Fiege, Ludger; Pietzuch, Peter

    2006-01-01

    ... systems cannot be assessed from a database, network, or software engineering perspective alone. In the same sense, commercially available products that could help solving problems of event-based architectures are often bundled and marketed in solutions of a specific domain. In order to channel some of the attention, the Distributed Event...

  20. 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.

  1. TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE

    OpenAIRE

    Bondov S. N.

    2014-01-01

    The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corr...

  2. 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...

  3. 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)

  4. Interventions for Learning Disabilities: Does a Journal-Based Change in Focus and Article Type Reflect or Influence Legal Mandates?

    Science.gov (United States)

    McCleary, Daniel F.; Rowlette, Emily Fuller; Pelchar, Taylor K.; Bain, Sherry K.

    2013-01-01

    We investigated whether there was a noticeable shift in focus from general to specific learning disabilities, and in the types of articles (narrative or empirically based) in the Journal of Learning Disabilities (JLD) between 1995 to 2000. A pilot study had revealed an increase in empirically based articles and a shift toward specifically…

  5. [Medico-social legislation of Ukraine: organizational-legal aspects of management in the sphere of community health care (current state, problems and perspectives)].

    Science.gov (United States)

    Poliachenko, Iu V; Dynnik, O B; Kishinets, E D; Zalesskiĭ, V N

    2004-12-01

    The authors analyzed organizational-legal aspects of management in the sphere of community health care. The foundation of medical-legal base of public health is substantiated in the article. It enables to form new mechanisms aimed at improvement of medical care, creation of data-analytical system, unification of health care and diagnostics standards.

  6. Multiculturalism and legal plurality in Australia

    Directory of Open Access Journals (Sweden)

    Justin Dabner

    2016-12-01

    Full Text Available The great multicultural experiment that is Australia has engendered a reconsideration of core values. Even the traditionally conservative legal system has not been immune. While the law remains anchored in its British Christian common-law traditions, the influence of other cultures and beliefs are emerging. Taking the term multiculturalism to encompass all cultures, including indigenous peoples as well as new comers, two instances of this are the partial accommodation of Indigenous customary law and a debate over the accommodation of Islamic law principles. The adoption of “foreign” legal concepts poses a dilemma for a liberal democratic society. On one hand, such a society might be expected to embrace wholesale legal plurality. However, there may be some foreign legal principles that are resisted on the basis that they are unacceptable to a free and equal society. The challenge is how to acknowledge the customary and religious laws of minorities whilst establishing one legal framework that applies to all, equally, and without discrimination and protects vulnerable parties. This article explores the implications for the legal system of a multicultural Australia. Taking the instances of Indigenous and Islamic law, it will be observed that legal plurality exists in Australia but largely in the shadows where the vulnerable of society lack protection. It proposes an institutional response that might help shine a light on these shadows.

  7. Economic system analysis of coal preconversion technology: Phase I. Volume V. Survey of socioeconomics, financial statistics, and legal aspects. Interim report for the period August 1973--July 1975

    Energy Technology Data Exchange (ETDEWEB)

    1975-07-01

    The future of large-scale surface coal mining in the United States will be affected by socio-economic factors, corporate finances, and legal constraints. This report presents a survey of these considerations and how they affect mining. Socio-economic factors are defined as the effects of a mining project on the surrounding communities. This volume presents the changes some consider beneficial, others detrimental, which occur when a new mine is opened in a virgin area. A new mine would cause an increase in employment, population and the community's tax base, but also would generate population profile changes, urbanize a previously rural community, and increase demands on community services. Corporate finances are an important consideration when assessing industry's ability to meet the required expansion in coal mining. As discussed in this report, the coal industry is dominated by companies whose revenues are generated mainly from non-coal operations. The production of coal is dispersed among many companies; however, the trend is toward more concentration of production among fewer firms through mergers. Internal sources of capital within the industry are limited and may curtail the opening of large-scale surface mines in the future. Federal, state, and local laws are becoming more constrictive and demanding of the coal industry. Federal involvement alone, throughout the life cycle of a mine, includes regulations on environmental protection, health, safety and public land control. A list of twenty Federal laws and a directory of eight major Federal agencies outlining the legal aspects that have an impact on surface coal mining are presented. (auth)

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2013-12-01

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

  10. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

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

  11. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

  12. 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...

  13. 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.

  14. 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.

  15. 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)

  16. 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

  17. 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

  18. Promising start, bleak outlook: the role of Ghana's modified taungya system as a social safeguard in timber legality processes

    NARCIS (Netherlands)

    Ros-Tonen, M.A.F.; Insaidoo, T.F.G.; Acheampong, E.

    2013-01-01

    The Modified Taungya System (MTS) is a strategy employed by the Ghana Government to restore forest cover, address timber deficits and contribute to rural livelihoods. Under the scheme, farmers combine tree planting and maintenance with the cultivation of food crops until tree canopy closure. This

  19. 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.

  20. Innovative Legal Approaches to Address Obesity

    Science.gov (United States)

    Pomeranz, Jennifer L; Teret, Stephen P; Sugarman, Stephen D; Rutkow, Lainie; Brownell, Kelly D

    2009-01-01

    Context: The law is a powerful public health tool with considerable potential to address the obesity issue. Scientific advances, gaps in the current regulatory environment, and new ways of conceptualizing rights and responsibilities offer a foundation for legal innovation. Methods: This article connects developments in public health and nutrition with legal advances to define promising avenues for preventing obesity through the application of the law. Findings: Two sets of approaches are defined: (1) direct application of the law to factors known to contribute to obesity and (2) original and innovative legal solutions that address the weak regulatory stance of government and the ineffectiveness of existing policies used to control obesity. Specific legal strategies are discussed for limiting children's food marketing, confronting the potential addictive properties of food, compelling industry speech, increasing government speech, regulating conduct, using tort litigation, applying nuisance law as a litigation strategy, and considering performance-based regulation as an alternative to typical regulatory actions. Finally, preemption is an overriding issue and can play both a facilitative and a hindering role in obesity policy. Conclusions: Legal solutions are immediately available to the government to address obesity and should be considered at the federal, state, and local levels. New and innovative legal solutions represent opportunities to take the law in creative directions and to link legal, nutrition, and public health communities in constructive ways. PMID:19298420

  1. 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)

  2. Biosensors based on nanomechanical systems.

    Science.gov (United States)

    Tamayo, Javier; Kosaka, Priscila M; Ruz, José J; San Paulo, Álvaro; Calleja, Montserrat

    2013-02-07

    The advances in micro- and nanofabrication technologies enable the preparation of increasingly smaller mechanical transducers capable of detecting the forces, motion, mechanical properties and masses that emerge in biomolecular interactions and fundamental biological processes. Thus, biosensors based on nanomechanical systems have gained considerable relevance in the last decade. This review provides insight into the mechanical phenomena that occur in suspended mechanical structures when either biological adsorption or interactions take place on their surface. This review guides the reader through the parameters that change as a consequence of biomolecular adsorption: mass, surface stress, effective Young's modulus and viscoelasticity. The mathematical background needed to correctly interpret the output signals from nanomechanical biosensors is also outlined here. Other practical issues reviewed are the immobilization of biomolecular receptors on the surface of nanomechanical systems and methods to attain that in large arrays of sensors. We then describe some relevant realizations of biosensor devices based on nanomechanical systems that harness some of the mechanical effects cited above. We finally discuss the intrinsic detection limits of the devices and the limitation that arises from non-specific adsorption.

  3. 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.

  4. 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)

  5. 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.

  6. 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. 

  7. 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.

  8. 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.

  9. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

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

  10. 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.

  11. 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

  12. 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

  13. 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.

  14. 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.

  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. Buyer's Guide to Computer Based Instructional Systems.

    Science.gov (United States)

    Fratini, Robert C.

    1981-01-01

    Examines the advantages and disadvantages of shared multiterminal computer based instruction (CBI) systems, dedicated multiterminal CBI systems, and stand-alone CBI systems. A series of questions guide consumers in matching a system's capabilities with an organization's needs. (MER)

  18. A correlation-based fingerprint verification system

    NARCIS (Netherlands)

    Bazen, A.M.; Gerez, Sabih H.; Veelenturf, L.P.J.; van der Zwaag, B.J.; Verwaaijen, G.T.B.

    2000-01-01

    In this paper, a correlation-based fingerprint verification system is presented. Unlike the traditional minutiae-based systems, this system directly uses the richer gray-scale information of the fingerprints. The correlation-based fingerprint verification system first selects appropriate templates

  19. A correlation-based fingerprint verification system

    NARCIS (Netherlands)

    Bazen, A.M.; Gerez, Sabih H.; Veelenturf, L.P.J.; van der Zwaag, B.J.; Verwaaijen, G.T.B.

    In this paper, a correlation-based fingerprint verification system is presented. Unlike the traditional minutiae-based systems, this system directly uses the richer gray-scale information of the fingerprints. The correlation-based fingerprint verification system first selects appropriate templates

  20. 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)

  1. 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

  2. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

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

  3. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

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

  4. 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...

  5. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  6. 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.

  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. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

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

  9. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

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

  10. 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.

  11. Integrated Agent-based and Case-based Reasoning System

    International Nuclear Information System (INIS)

    Mohamed, A.H.

    2014-01-01

    Increasing the complexity of the modern systems drives to use multiple case bases in the case based reasoning (CBR) system to solve a single problem. Sometimes, it is difficult and unman gable task to store the knowledge of the domain of these complex systems in a single case base. On the other hand, usually these multiple case bases having different structures that cause main limitation for solving the problem. This research introduces integrating the case based systems using multiple case bases with agent-based technique. This enables the system to use different case base structures. The proposed system has been applied for designing the radiotherapy of the kidney, liver and skin cancers. It is found that, the suggested system has simplified, managed the complexity, increasing the accuracy of the of CBR systems. Therefore, it can be applied with a good performance for the practical sites

  12. 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......) a sequential formulation based on optimality criteria; and (4) a sequential formulation including a new so-called bounds iteration method (BIM). Numerical tests indicate that the sequential technique including the BIM is particularly fast and stable. The B1M is not only effective in reliabilitybased...... optimization of series systems of parallel systems, but it is also efficient in reliability-based optimization of series systems in general....

  13. Secular States, Muslim Law and Islamic Religious Culture: Gender Implications of Legal Struggles in Hybrid Legal Systems in Contemporary West Africa Les États laïques, le droit musulman et la pratique culturelle dite islamique : Implications pour les femmes des luttes juridiques dans les systèmes juridiques hybrides de l’Afrique de l’Ouest contemporaine

    Directory of Open Access Journals (Sweden)

    Barbara M. Cooper

    2010-07-01

    Full Text Available This article sets out the differing approaches of three West African states (Niger, Senegal, and Nigeria towards reconciling the multiple legal systems (Islamic, western, military they have inherited as ostensibly secular states in regions with prominent Muslim populations. While Senegal has adopted a Family Code that appears to modify and regulate some of the perceived injustices of Islamic law in family life, a number of states within Nigeria have gone in the opposite direction, expanding Islamic law beyond family law into the criminal domain. In Niger, on the other hand, multiple systems of law co-exist uneasily, without any effective hierarchy or definitive conclusion to legal disputes carried into different legal domains. In all three cases the state does not have the capacity to effectively enforce a single coherent legal system, nor does it succeed in controlling the «justice» that so commonly occurs in extra-legal settings. Throughout West Africa legal reform must contend with the dual problems of weak state capacity to impose a unified legal system and of the vigilantism of pressure groups that may have limited mastery of the Islamic juridical tradition in an atmosphere that is nevertheless heavy with the rhetoric of a return to Islamic purity.Cet article expose les différentes approches de trois États ouest-africains que sont le Niger, le Sénégal et le Nigeria en vue de concilier les divers systèmes juridiques (islamique, occidental, militaire dont ils ont hérité en tant qu’États ostensiblement laïques dans des régions majoritairement musulmanes. Si le Sénégal a adopté un Code de la famille qui paraît modifier et réglementer les dites injustices du droit musulman dans la vie de famille, un certain nombre d'États du Nigéria sont allés en sens inverse, en élargissant le droit islamique au-delà du droit de la famille en l’étendant au domaine pénal. Au Niger, d’autre part, plusieurs systèmes de droit

  14. 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.

  15. 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

  16. 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.

  17. 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.

  18. Social disadvantage, mental illness and predictors of legal involvement.

    Science.gov (United States)

    Sheldon, C T; Aubry, T D; Arboleda-Florez, J; Wasylenki, D; Goering, P N

    2006-01-01

    The following study evaluates the complex association between legal involvement and mental illness. It describes a population of consumers of community mental health programs, comparing those with legal involvement to those without legal involvement, on a number of demographic, clinical and social indicators. It is a secondary analysis of data collected in studies making up the Community Mental Health Evaluation Initiative (CMHEI) in the province of Ontario, Canada. Legal involvement was a significant issue among community mental health program consumers; about one in five consumers had at least some contact with the legal system in the preceding nine months. Legally involved consumers were more likely to be in receipt of social assistance and be unstably housed than those legally uninvolved. However, there were no significant differences between legally involved and uninvolved consumers with respect to severity of symptomatology, current medication use or number of hospitalization days in the past 9 months. A predictive model compared the differential impact of clinical and social determinants upon legal involvement. Analyses failed to uncover a significant relationship between severity of psychiatric symptomatology and legal involvement. Significant predictors of legal involvement included gender, race, drug use as well as housing instability, and receipt of social assistance. Legal involvement was attributable to factors other than the severity of mental illness; these results challenge assumptions that the most symptomatically severe consumers are most at risk of legal involvement. Accordingly, the rate of legal involvement in a sample of community mental health program users must be considered in a broad context, with particular emphasis on social disadvantage.

  19. The Legal Regulation of Artisan and Trade Corporations in the Cities of Medieval Europe

    Directory of Open Access Journals (Sweden)

    Valentine G. Medvedev

    2015-06-01

    Full Text Available This article features an analysis of the legal regulation of the formation and activity of artisan and trade corporations in the cities of medieval Europe. Based on the findings of an analysis of existing scientific theories, as well as a study of legal and regulatory acts, the author aims to explore the issue of the emergence of cities and workshop organizations in them and reveal their legal essence and content. The relevance of this paper is due to the fact that up until now a sufficiently definitive opinion is yet to be propounded in historical and historical/legal science as to the origin and development of such specific urban institutions as workshops and workshop corporations, with their special legal regulation. The author comes to the conclusion that the formation of cities and workshop organizations reflected the evolution of the economic and social development of medieval society, which was associated with social division of labor. The paper’s major focus is not on the statutory regulation of the work of masters and not on the regulation of workshop craft methods, which can be explained quite logically by the economic need for adapting medieval artisan production to the limited needs and capacity of the local market, and which is the subject of study for the majority of present-day scholars, but issues related to the very organization of the workshop, its position in the system of urban establishments, as well as the legal status of its members.

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

    Science.gov (United States)

    Walsh, Simon J

    2005-12-01

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

  2. 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.

  3. 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

    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,...

  4. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  5. 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.

  6. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

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

  7. 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.

  8. Legal challenges in neurological practice

    Directory of Open Access Journals (Sweden)

    Sita Jayalakshmi

    2016-01-01

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

  9. Legal challenges in neurological practice.

    Science.gov (United States)

    Jayalakshmi, Sita; Vooturi, Sudhindra

    2016-10-01

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

  10. El asalto de núcleos de población : bases jurídicas, procedimiento y consecuencias durante la República romana = Assault of populated nuclei : legal basis, procedure and consequences during the Roman Republic

    Directory of Open Access Journals (Sweden)

    José Antonio Martínez Morcillo

    2014-12-01

    Full Text Available El presente trabajo pretende ofrecer un estudio sobre las bases jurídicas, el procedimiento y las consecuencias de los asaltos de núcleos que Roma efectúa durante la época republicana. Los datos contenidos en las fuentes literarias representan la base del análisis, que se realiza desde una perspectiva global de la expansión romana durante el primer tercio del siglo II a.C. La oposición militar a la dominación romana marca la justificación legal de la intervención, que tiene como consecuencia la aplicación de medidas punitivas como el saqueo, la esclavización de los supervivientes y la ejecución de los responsables.This paper aims to provide a study on the legal bases, procedure and consequences of the assault of cities by Rome during the Republic. Literary sources are the basis of the analysis, which is done from an overall perspective of Roman expansion during the first third of the second century B.C. Military opposition to Roman rule sets the legal basis for the intervention, which results in the application of punitive measures such us plunder, survivors’ enslavement and the execution of the responsible.

  11. Limits Legal Ethics of Biotechnology in XXI Century

    OpenAIRE

    Morgato, Melissa Cabrini; Machado, Edinilson Donisete

    2016-01-01

    The present paper discusses the ethical and legal consequences of developments in biotechnological science, with a focus on the field of genetic engineering. We classify situations originating from developments in biotechnological science depending on their ethical and legal justification, based on Habermas’ reflections in his work “The future of human nature”, and differentiate between negative eugenics, representing ethically and legally justified situations, given their therapeutic potenti...

  12. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

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

  13. 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…

  14. 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.

  15. 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...

  16. EXPORTING LAW OR THE USE OF LEGAL TRANSPLANTS

    Directory of Open Access Journals (Sweden)

    LAURA-CRISTIANA SPATARU-NEGURA

    2012-05-01

    Full Text Available From the general theory of law, we are aware of the migration of legal concepts, practices and institutions. We believe that there are no legal system anywhere in the developed world that has not used legal transplants, that has not borrowed from another country’s laws. This paper intends to explore the concept of “legal transplants”. Why are they used? Where do they come from? Is their assimilation uncomplicated? Why are they rejected in some cases? A transplanted law should be comported with the host state in order to be accepted? Should be discussed the relationship between law and culture when contemplating a study of legal transplants? What forces propel those borrowings? However, this paper does not claim to offer definite answers to the above mentioned questions. Its goal is more modest. In understanding the phenomenon of legal transplants, we underline the fast growing importance of using the comparative research.

  17. Perspective from Shariah on Legal and Human Rights

    Directory of Open Access Journals (Sweden)

    Yusuf Abdul Azeez

    2012-12-01

    Full Text Available The aim of this paper is to examine concepts of Legal and Human Rights from the perspective of Shariah. The discussion is divided into three components, the first of which focuses on the origins, nature and development of Legal and Human Rights law(s in the Shariah perspective. The second part discusses debates and declarations on Legal and Human Rights in modern times, while the third evaluates the role and impact of Shariah in the implementation and execution of Legal and Human Rights provisions by modern society. This is done with a view to highlight the dynamic nature of Islamic Legal and Human Rights systems that establish distinctly energetic Legal and Human Rights provisions and values for mankind.

  18. The Polish Budget Act for 2016: Legal Issues

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2016-06-01

    Full Text Available The article presents the legal content and system of the 2016 Budget Act and the legal significance of its regulations. The Budget Act for 2016 contains three parts: the state budget (general budget, complementary budgets, other legal provisions. The state revenues, expenditure, expenses, salaries, rates of some state levies are determined in the Budget Act. The regulations of the Budget Act relate to the financial activity of government and other parts of the state. The complex Budget Act contains provisions resulting from the many legal acts.

  19. 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.

  20. 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

  1. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

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

  2. 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)

  3. 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)

  4. 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.

  5. An integrated strategy for aircraft/airport noise abatement: A legal-institutional control act section 7 to the noise control act of 1972 and proposals based thereon

    Science.gov (United States)

    Mayo, L. H.

    1975-01-01

    The development of the aircraft noise control structure since the Griggs case of 1962 was examined. The Noise Control Act of 1972 is described which undertook to establish the legal-institutional framework within which an adequate aircraft/airport noise abatement program might be initiated with concern for full recognition of all the beneficial and detrimental consequences of air transportation and appropriate distribution of benefits and costs.

  6. 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

  7. 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

  8. 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.

  9. 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.

  10. Liquid monobenzoxazine based resin system

    Science.gov (United States)

    Tietze, Roger; Nguyen, Yen-Loan; Bryant, Mark

    2014-10-07

    The present invention provides a liquid resin system including a liquid monobenzoxazine monomer and a non-glycidyl epoxy compound, wherein the weight ratio of the monobenzoxazine monomer to the non-glycidyl epoxy compound is in a range of about 25:75 to about 60:40. The liquid resin system exhibits a low viscosity and exceptional stability over an extended period of time making its use in a variety of composite manufacturing methods highly advantageous.

  11. 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

  12. Positive Legal Responsibility in the Family Law

    Directory of Open Access Journals (Sweden)

    Pavel A. Matveev

    2014-03-01

    Full Text Available In the present article author bases on the analysis of doctrinal and normative sources attempt to substantiate the existence of positive legal responsibility. Author defines the specificity of positive familial liability in the mechanism of self- identity of lawful behavior. Considering the nature of family legal liability, author proves independence of family-legal responsibility; it differs from civil, criminal and administrative responsibility. Author gives own definition of family-legal responsibility, gives characteristic features of this type of liability and justifies own view of the concept of responsibility in the modern family. Author substantiates view that family liability is expressed in multiple sanctions fixable current family law. Author notes that measures of family - legal responsibility are: annulment of the marriage, deprivation and restriction of parental rights, abolition of adoption, custody, guardianship, termination of child in a foster family placement, deprivation of the right to communicate with the child, taking away a child, termination or limitation of the obligation to subject the material contents of family relationship to other entities. Justifying own views, author relies on the opinions of scholars, experts, as well as a number of other competent persons.

  13. 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.

  14. 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,

  15. [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.

  16. 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.

  17. 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...

  18. 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...... problems are described. Numerical tests indicate that a sequential technique called the bounds iteration method (BIM) is particularly fast and stable....

  19. 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

  20. 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...

  1. A web-based audiometry database system

    OpenAIRE

    Chung-Hui Yeh; Sung-Tai Wei; Tsung-Wen Chen; Ching-Yuang Wang; Ming-Hsui Tsai; Chia-Der Lin

    2014-01-01

    To establish a real-time, web-based, customized audiometry database system, we worked in cooperation with the departments of medical records, information technology, and otorhinolaryngology at our hospital. This system includes an audiometry data entry system, retrieval and display system, patient information incorporation system, audiometry data transmission program, and audiometry data integration. Compared with commercial audiometry systems and traditional hand-drawn audiometry data, this ...

  2. 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…

  3. 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…

  4. 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..., at any time before acceptance occurs) withdraw, amend, or cancel its offer. (See 13.302-4 for...

  5. CURRENT PRACTICES AND MEDICO-LEGAL ASPECTS OF PRE ...

    African Journals Online (AJOL)

    hi-tech

    2004-07-01

    Jul 1, 2004 ... As the legal system in our society advances, coupled with the widespread use of advanced information technology, it follows that majority of our patients would become conscious of their legal rights. Thus, the issue of litigation known to be very rampant in the western world may soon become the order of.

  6. 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.

  7. 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.

  8. 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.

  9. 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)

  10. Handbook: Emergency Legal Procedures. [Third Edition].

    Science.gov (United States)

    Apperson, Ron; Waxman, Everett

    This is the latest edition of a handbook designed to assist school administrators in preventing and dealing with school disruptions and certain related legal matters. Because the handbook was prepared specifically for use by administrators in the Los Angeles Unified School District, it is based on laws and regulations that may not apply elsewhere.…

  11. 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)

  12. 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

  13. 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.)

  14. 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.

  15. Political and legal approach to contemporary local democracies collisions` studies

    Directory of Open Access Journals (Sweden)

    K. M. Burya

    2017-04-01

    It has been underlined that heuristic potential of political and legal approach in political science research is based on the possibility to solve genuine issues that contain the means of the legal provision of political institutions and the impact of these institutions on the normative context.

  16. [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

  17. Distributed Knowledge-Based Systems

    Science.gov (United States)

    1989-03-15

    PARADI The Ohio State University Department of Computer and Information Science Laboratory for Artificial Intelligence Research Technical Report July 1987...machines by basing them on birds usually come off looking not so good in this comparison. The problem with that analogy is that flying is one (rather well

  18. Response Based Emergency Control System for Power System Transient Stability

    Directory of Open Access Journals (Sweden)

    Huaiyuan Wang

    2015-11-01

    Full Text Available A transient stability control system for the electric power system composed of a prediction method and a control method is proposed based on trajectory information. This system, which is independent of system parameters and models, can detect the transient stability of the electric power system quickly and provide the control law when the system is unstable. Firstly, system instability is detected by the characteristic concave or convex shape of the trajectory. Secondly, the control method is proposed based on the analysis of the slope of the state plane trajectory when the power system is unstable. Two control objectives are provided according to the methods of acquiring the far end point: one is the minimal cost to restore the system to a stable state; the other one is the minimal cost to limit the maximum swing angle. The simulation indicates that the mentioned transient stability control system is efficient.

  19. 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)

  20. 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...

  1. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

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

    2018-01-01

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

  2. 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.

  3. 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.

  4. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

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

  5. 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

  6. 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.

  7. 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.

  8. 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.

  9. 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

  10. 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.

  11. 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)

  12. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

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

  13. Camera-based driver assistance systems

    Science.gov (United States)

    Grimm, Michael

    2013-04-01

    In recent years, camera-based driver assistance systems have taken an important step: from laboratory setup to series production. This tutorial gives a brief overview on the technology behind driver assistance systems, presents the most significant functionalities and focuses on the processes of developing camera-based systems for series production. We highlight the critical points which need to be addressed when camera-based driver assistance systems are sold in their thousands, worldwide - and the benefit in terms of safety which results from it.

  14. 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.

  15. 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.

  16. 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...

  17. Correntropy-Based Evolving Fuzzy Neural System

    OpenAIRE

    Bao, Rongjing; Rong, Haijun; Angelov, Plamen Parvanov; Chen, Badong; Wong, Pak Kin

    2017-01-01

    In this paper, a correntropy-based evolving fuzzy neural system (correntropy-EFNS) is proposed for approximation of nonlinear systems. Different from the commonly used meansquare error criterion, correntropy has a strong outliers rejection ability through capturing the higher moments of the error distribution. Considering the merits of correntropy, this paper brings contributions to build EFNS based on the correntropy concept to achieve a more stable evolution of the rule base and update of t...

  18. 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.)

  19. TUBERCULOSIS: MEDICO-LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Giuseppe Vetrugno

    2014-04-01

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

  20. 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,

  1. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

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

  2. 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...

  3. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

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

  4. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

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

  5. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

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

  6. 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...

  7. 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...

  8. 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)

  9. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

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

  10. Distributed Monitoring System Based on ICINGA

    CERN Multimedia

    Haen, C; Neufeld, N

    2011-01-01

    The LHCb online system relies on a large and heterogeneous I.T. infrastructure : it comprises more than 2000 servers and embedded systems and more than 200 network devices. While for the control and monitoring of detectors, PLCs, and readout boards an industry standard SCADA system PVSSII has been put in production, we use a low level monitoring system to monitor the control infrastructure itself. While our previous system was based on a single central NAGIOS server, our current system uses a distributed ICINGA infrastructure.

  11. 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

  12. Information retrieval system based on INIS tapes

    International Nuclear Information System (INIS)

    Pultorak, G.

    1976-01-01

    An information retrieval system based on the INIS computer tapes is described. It includes the three main elements of a computerized information system: a data base on a machine -readable medium, a collection of queries which represent the information needs from the data - base, and a set of programs by which the actual retrieval is done, according to the user's queries. The system is built for the center's computer, a CDC 3600, and its special features characterize, to a certain degree, the structure of the programs. (author)

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

    Science.gov (United States)

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

    2018-03-01

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

  14. 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

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

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

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

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

    Science.gov (United States)

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

    2016-05-01

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

  17. What are the boundaries of legal guardianship in Alzheimer’s disease? An evidence-based update in the context of the Brazilian Civil Code

    Directory of Open Access Journals (Sweden)

    Felipe K. Sudo

    2016-03-01

    Full Text Available The Brazilian Civil Code, which came into force in 2002, established a functional criterion for guardianship proceedings and introduced the concept of “limited guardianship,” applied to cases in which incapacity to exercise civil rights is partial. With population aging and the growth in the number of older people with cognitive impairments, such as Alzheimer’s disease (AD, the need to invoke legal remedies against elder abuse increased; however, difficulties in assessing capacity still lead to a majority of decisions in favor of plenary guardianship. The present article compiled data on capacity in AD subjects. The varying degrees of decision-making impairment at different stages of AD might be compatible with limited guardianship in milder cases of the disease.

  18. Measures to reinforce the legal liability of the environmental interest subject —Based on the perspective of law and economics

    Science.gov (United States)

    Fa, L. N.

    2017-11-01

    Local government should be regarded as the main subject to be stipulated by environmental law, thus to avoid local government’s alignment with commercial interests. Such a shift would, furthermore, discourage collusion against environment law or speculative behaviors motivated by maximizing production at the expense of environment pollution. Moreover, whether companies make proactive decisions to prevent pollution or not depends on the severity of appropriate environment legal system’s sanctions for their action. It would encourage enterprises to undertake their own environmental responsibility if environmental law could further enhance their environmental liability. In addition, public environmental rights should be embedded into environmental law. In this way, the public may become more aware of their environmental rights as well as the positivity of total environmental interests.

  19. Every little helps? Approaches to Multiple Claimants as Part of the Legal Aid Dilemma

    NARCIS (Netherlands)

    Westerveld, M.; Hubeau, B.; Terlouw, A.

    2014-01-01

    The Dutch system of subsidised legal aid is under fire. This is not a new phenomenon, and legal aid is not the only target. In the 2012 annual report of the Council of State, the nation’s supreme legal advisory body, its Vice-President, Piet Hein Donner, the so-called "Viceroy of the Netherlands",

  20. Legal regulation of the obligations in old romanian law, greek and roman

    Directory of Open Access Journals (Sweden)

    Ion Tutuianu

    2012-12-01

    Full Text Available Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.

  1. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

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

  2. Internet based remote cooperative engineering system for NSSS system design

    International Nuclear Information System (INIS)

    Kim, Y. S.; Lee, S. L.

    2000-01-01

    Implementation of information technology system through the nuclear power plant life cycle which covers site selection, design, construction, operation and decommission has been suggested continually by the reports or guidelines from NIRMA, INPO, NUMARC, USNRC and EPRI since late 1980's, and some of it has been actually implemented and applied partially to the practical design process. However, for the NSSS system design, a high level activity of nuclear power plant design phase, none of the effects has been reported with regard to implementing the information system. In Korea, KAERI studied NuIDEAS(Nuclear Integrated Database and Design Advancement System) in 1995, and KAERI (Korea Electric Power Research Institute) worked with CENP (Combustion Engineering Nuclear Power) for KNGR IMS(Information Management System) in 1997 as trials to adopt information system for NSSS system design. In this paper, after reviewing the pre-studied two information system, we introduce implementation of the information system for NSSS system design which is compatible with the on-going design works and can be used as means of concurrent engineering through internet. With this electronic design system, we expect increase of the design efficiency and productivity by switching from hard copy based design flow to internet based system. In addition, reliability and traceability of the design data is highly elevated by containing the native document file together with all the review, comment and resolution history in one database

  3. Ethics and legality in the Romanian political marketing

    Directory of Open Access Journals (Sweden)

    Poţincu, C. R.

    2010-11-01

    Full Text Available In a democratic system, the legal framework is a guarantee of the favourable development of several activities, including those regarding the implementation of the promotional techniques used in the political marketing.

  4. Capacity of the legal framework of public health institutions in Mexico to support their functional integration

    Directory of Open Access Journals (Sweden)

    Ignacio Ibarra

    2013-05-01

    Full Text Available Objective. Evaluate the capacity of the federal legal framework to govern financing of health institutions in the public sector through innovative schemes –otherwise known as functional integration–, enabling them to purchase and sell health services to and from other public providers as a strategy to improve their performance. Materials and methods. Based on indicators of normative alignment with respect to functional integration across public health provider and governance institutions, content analysis was undertaken of national health programs and relevant laws and guidelines for financial coordination. Results. Significant progress was identified in the implementation of agreements for the coordination of public institutions. While the legal framework provides for a National Health System and a health sector, gaps and contradictions limit their scope. The General Register of Health is also moving forward, yet it lacks the necessary legal foundation to become a comprehensive tool for integration. The medical service exchange agreements are also moving forward based on tariffs and shared guidelines. However, there is a lack of incentives to promote the expansion of these agreements. Conclusions. It is recommended to update the legal framework for the coordination of the National Health System, ensuring a more harmonious and general focus to provide functional integration with the needed impulse.

  5. Knowledge-based optical system design

    Science.gov (United States)

    Nouri, Taoufik

    1992-03-01

    This work is a new approach for the design of start optical systems and represents a new contribution of artificial intelligence techniques in the optical design field. A knowledge-based optical-systems design (KBOSD), based on artificial intelligence algorithms, first order logic, knowledge representation, rules, and heuristics on lens design, is realized. This KBOSD is equipped with optical knowledge in the domain of centered dioptrical optical systems used at low aperture and small field angles. It generates centered dioptrical, on-axis and low-aperture optical systems, which are used as start systems for the subsequent optimization by existing lens design programs. This KBOSD produces monochromatic or polychromatic optical systems, such as singlet lens, doublet lens, triplet lens, reversed singlet lens, reversed doublet lens, reversed triplet lens, and telescopes. In the design of optical systems, the KBOSD takes into account many user constraints such as cost, resistance of the optical material (glass) to chemical, thermal, and mechanical effects, as well as the optical quality such as minimal aberrations and chromatic aberrations corrections. This KBOSD is developed in the programming language Prolog and has knowledge on optical design principles and optical properties. It is composed of more than 3000 clauses. Inference engine and interconnections in the cognitive world of optical systems are described. The system uses neither a lens library nor a lens data base; it is completely based on optical design knowledge.

  6. Systems definition space based power conversion systems: Executive summary

    Science.gov (United States)

    1977-01-01

    Potential space-located systems for the generation of electrical power for use on earth were investigated. These systems were of three basic types: (1) systems producing electrical power from solar energy; (2) systems producing electrical power from nuclear reactors; (3) systems for augmenting ground-based solar power plants by orbital sunlight reflectors. Configurations implementing these concepts were developed through an optimization process intended to yield the lowest cost for each. A complete program was developed for each concept, identifying required production rates, quantities of launches, required facilities, etc. Each program was costed in order to provide the electric power cost appropriate to each concept.

  7. Organization Workflow System Based on Multiagent

    Directory of Open Access Journals (Sweden)

    N. D. Hung

    2012-03-01

    Full Text Available In the universities, and in the VSTU as well, a lot of contracts, and other documents are signed every day. The authors of the article have designed a model system based on multiagent.

  8. Web-based Project Reporting System

    Data.gov (United States)

    US Agency for International Development — Web-PRS is a web-based system that captures financial information and project status information that is sortable by geographical location, pillar, project type and...

  9. Legality of Attraction to Administrative Responsibility: Concept, Content and Main Requirements

    Directory of Open Access Journals (Sweden)

    Sergei V.​ Yarkovoi

    2017-12-01

    Full Text Available The article analyzes the concept, content and requirements of the legality of the activities of executive authorities, other public authorities to bring individuals and legal entities to administrative responsibility. The Author's definition of the concept of the legality of such activities is given, the system of requirements for its legality is stated, a proposal is made to clarify the provisions of Art. 1.6 of the Code of the Russian Federation on Administrative Offenses.

  10. Design considerations for legalizing cannabis: lessons inspired by analysis of California's Proposition 19.

    Science.gov (United States)

    Caulkins, Jonathan P; Kilmer, Beau; MacCoun, Robert J; Pacula, Rosalie Liccardo; Reuter, Peter

    2012-05-01

    No modern jurisdiction has ever legalized commercial production, distribution and possession of cannabis for recreational purposes. This paper presents insights about the effect of legalization on production costs and consumption and highlights important design choices. Insights were uncovered through our analysis of recent legalization proposals in California. The effect on the cost of producing cannabis is largely based on existing estimates of current wholesale prices, current costs of producing cannabis and other legal agricultural goods, and the type(s) of production that will be permitted. The effect on consumption is based on production costs, regulatory regime, tax rate, price elasticity of demand, shape of the demand curve and non-price effects (e.g. change in stigma). Removing prohibitions on producing and distributing cannabis will dramatically reduce wholesale prices. The effect on consumption and tax revenues will depend on many design choices, including: the tax level, whether there is an incentive for a continued black market, whether to tax and/or regulate cannabinoid levels, whether there are allowances for home cultivation, whether advertising is restricted, and how the regulatory system is designed and adjusted. The legal production costs of cannabis will be dramatically below current wholesale prices, enough so that taxes and regulation will be insufficient to raise retail price to prohibition levels. We expect legalization will increase consumption substantially, but the size of the increase is uncertain since it depends on design choices and the unknown shape of the cannabis demand curve. © 2011 The Authors, Addiction © 2011 Society for the Study of Addiction.

  11. POLITIK HUKUM PENGUATAN FUNGSI NEGARA UNTUK KESEJAHTERAAN RAKYAT (Studi Tentang Konsep Dan Praktik Negara Kesejahteraan Menurut UUD 1945 / LEGAL POLICY OF STRENGTHENING STATE FUNCTIONS FOR PEOPLE’S WELFARE (Concepts And Practices Study Of Welfare State Based On The 1945 Constitution

    Directory of Open Access Journals (Sweden)

    Agus Riwanto

    2017-11-01

    Full Text Available Konsep negara dalam praktik ketatanegaraan menurut konstruksi konstitusi terbagi dalam dua kutub yang berlawanan, yaitu negara kesejahteraan (welfare state dan negara liberal (liberal state. Keduanya berbeda, yang pertama menuntut fungsi negara yang kuat dan luas dalam mengatur keadilan ekonomi, sedang yang kedua sebaliknya mempercayakan pada pasar bebas dalam perekonomian, sehingga fungsi negara harus dipinggirkan. Berdasarkan metode penelitian yuridis-sosiologis (socio-legal sesuai Pasal 33 UUD 1945 Pasca amandemen Indonesia menganut konsep negara kesejahteraan. Namun secara sosiologis dalam praktiknya berkecenderungan menganut negara liberal yang tak menyejahterakan rakyat. Tantangan negara kesejahteraan Indonesia adalah negara liberal yang melahirkan sistem ekonomi kapitalis. Pilihan yang tersedia untuk melawan sistem ekonomi kapitalis adalah dengan melakukan aneka usaha politik hukum (legal policy, yakni: Pertama, memfungsikan kembali peran fungsi negara dalam pengaturan dan pengendalian ekonomi. Kedua, memperbesar penghasilan negara melalui pajak dan diimbangi dengan belanja sosial yang tinggi untuk mewujudkan kesejahteraan sosial dan keadilan ekonomi. According to the constitution, the state concept in constitutional practice can be divided into two opposite poles, namely welfare and liberal state. They have different characteristics in which the first concept (welfare state requires a strong and extensive state functions to regulate an economic justice, on the contrary the second concept (liberal state relies on the free market economy which state’s role should be marginalized. Sosio-legal research is used in this article. Based on the Article 33 of Indonesian post constitutional amendment of 1945, Indonesia embraced the concept of welfare state. Yet, the practice sociologically tends to embrace a liberal state that is not suitable with the welfare of the people. There are challenges, in the context of liberal state, faced by Indonesia

  12. PLC Based Hydraulic Auto Ladle System

    OpenAIRE

    Amogh Tayade; Anuja Chitre

    2014-01-01

    In this paper we have implemented a PLC based Hydraulic Auto Ladle System for Casting Department of Victory Precisions Pvt. Ltd. Chakan, Pune. This project work presents the study and design of PLC based Hydraulic Auto Ladle System. Aluminium pouring is the key process in Casting and Forging industry. Different products are manufactured by the company for automobile sector using aluminium. Programmable Logic Controller (PLC) is used for the automation of pouring process. Au...

  13. Legal and Regulatory Barriers to Reverse Innovation.

    Science.gov (United States)

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

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

  14. Distributed, cooperating knowledge-based systems

    Science.gov (United States)

    Truszkowski, Walt

    1991-01-01

    Some current research in the development and application of distributed, cooperating knowledge-based systems technology is addressed. The focus of the current research is the spacecraft ground operations environment. The underlying hypothesis is that, because of the increasing size, complexity, and cost of planned systems, conventional procedural approaches to the architecture of automated systems will give way to a more comprehensive knowledge-based approach. A hallmark of these future systems will be the integration of multiple knowledge-based agents which understand the operational goals of the system and cooperate with each other and the humans in the loop to attain the goals. The current work includes the development of a reference model for knowledge-base management, the development of a formal model of cooperating knowledge-based agents, the use of testbed for prototyping and evaluating various knowledge-based concepts, and beginning work on the establishment of an object-oriented model of an intelligent end-to-end (spacecraft to user) system. An introductory discussion of these activities is presented, the major concepts and principles being investigated are highlighted, and their potential use in other application domains is indicated.

  15. Pharmaceutical care as a historical, normative-legal and social-economic category in the system of the population health and pharmaceutical care

    Directory of Open Access Journals (Sweden)

    G. L. Panfilova

    2014-08-01

    Full Text Available Aim. Terminological vagueness of the term «pharmaceutical care» in domestic legislative framework and scientific environment makes it impossible to introduce new forms and methods of providing pharmaceutical population in Ukraine effectively. In order to form the unified methodological approach to identify and order the use of the mentioned term, the results of organizational-economic studies in pharmacy and the existing legal framework have been analyzed. Methods and results. Using dialectical, historical, logical-semantic and other methods the basic stages in the development of pharmaceutical care have been established and definitions tree of the concept have been constructed. Conclusion. The results of these studies indicate the need for recognition and regulatory mapping integration (organizational and economic of the definition «pharmaceutical care» in domestic legislation and public health practice.

  16. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  17. Fuzzy Logic Based Autonomous Traffic Control System

    Directory of Open Access Journals (Sweden)

    Muhammad ABBAS

    2012-01-01

    Full Text Available The aim of this paper is to design and implement fuzzy logic based traffic light Control system to solve the traffic congestion issues. In this system four input parameters: Arrival, Queue, Pedestrian and Emergency Vehicle and two output parameters: Extension in Green and Pedestrian Signals are used. Using Fuzzy Rule Base, the system extends or terminates the Green Signal according to the Traffic situation at the junction. On the presence of emergency vehicle, the system decides which signal(s should be red and how much an extension should be given to Green Signal for Emergency Vehicle. The system also monitors the density of people and makes decisions accordingly. In order to verify the proposed design algorithm MATLAB simulation is adopted and results obtained show concurrency to the calculated values according to the Mamdani Model of the Fuzzy Control System.

  18. Linear systems a measurement based approach

    CERN Document Server

    Bhattacharyya, S P; Mohsenizadeh, D N

    2014-01-01

    This brief presents recent results obtained on the analysis, synthesis and design of systems described by linear equations. It is well known that linear equations arise in most branches of science and engineering as well as social, biological and economic systems. The novelty of this approach is that no models of the system are assumed to be available, nor are they required. Instead, a few measurements made on the system can be processed strategically to directly extract design values that meet specifications without constructing a model of the system, implicitly or explicitly. These new concepts are illustrated by applying them to linear DC and AC circuits, mechanical, civil and hydraulic systems, signal flow block diagrams and control systems. These applications are preliminary and suggest many open problems. The results presented in this brief are the latest effort in this direction and the authors hope these will lead to attractive alternatives to model-based design of engineering and other systems.

  19. NASA Administrative Data Base Management Systems, 1984

    Science.gov (United States)

    Radosevich, J. D. (Editor)

    1984-01-01

    Strategies for converting to a data base management system (DBMS) and the implementation of the software packages necessary are discussed. Experiences with DBMS at various NASA centers are related including Langley's ADABAS/NATURAL and the NEMS subsystem of the NASA metrology informaton system. The value of the integrated workstation with a personal computer is explored.

  20. Chip based electroanalytical systems for cell analysis

    DEFF Research Database (Denmark)

    Spegel, C.; Heiskanen, A.; Skjolding, L.H.D.

    2008-01-01

    ' measurements of processes related to living cells, i.e., systems without lysing the cells. The focus is on chip based amperometric and impedimetric cell analysis systems where measurements utilizing solely carbon fiber microelectrodes (CFME) and other nonchip electrode formats, such as CFME for exocytosis...

  1. SPECT detector system design based on embedded system

    International Nuclear Information System (INIS)

    Zhang Weizheng; Zhao Shujun; Zhang Lei; Sun Yuanling

    2007-01-01

    A single-photon emission computed tomography detector system based on embedded Linux designed. This system is composed of detector module, data acquisition module, ARM MPU module, network interface communication module and human machine interface module. Its software uses multithreading technology based on embedded Linux. It can achieve high speed data acquisition, real-time data correction and network data communication. It can accelerate the data acquisition and decrease the dead time. The accuracy and the stability of the system can be improved. (authors)

  2. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

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

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  3. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

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

  4. GSM BASED IRRIGATION CONTROL AND MONITORING SYSTEM

    OpenAIRE

    GODFREY A. MILLS; STEPHEN K. ARMOO; AGYEMAN K. ROCKSON; ROBERT A. SOWAH; MOSES A. ACQUAH

    2013-01-01

    Irrigated agriculture is one of the primary water consumers in most parts of the world. With developments in technology, efforts are being channeled into automation of irrigation systems to facilitate remote control of the irrigation system and optimize crop production and cost effectiveness. This paper describes an on-going work on GSM based irrigation monitoring and control systems. The objective of the work is to provide an approach that helps farmers to easily access, manage and regulate ...

  5. A computer based Moessbauer spectrometer system

    International Nuclear Information System (INIS)

    Jin Ge; Li Yuzhi; Yin Zejie; Yao Chunbo; Li Tie; Tan Yexian; Wang Jian

    1999-01-01

    A computer based Moessbauer spectrometer system with a single chip processor for online control and data acquisition is developed. The spectrometer is designed as a single-width NIM module and can be performed directly in NIM crate. Because the structure of the spectrometer is designed to be quite flexible, the system is easy to be configured with other kinds of Moessbauer driver, and can be used in other data acquisition systems

  6. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

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

  7. Piercing and tattoos in adolescents: legal and medico-legal implications

    Directory of Open Access Journals (Sweden)

    Conti Adelaide

    2018-04-01

    Full Text Available Non-therapeutic body modification interventions are permitted within the limits of the use of one’s own body that can be specified in the legal system. The authors take into consideration Italian regulation on tattooing and piercing, in particular in relation to adolescents.

  8. Distributed Web-Based Control System

    Directory of Open Access Journals (Sweden)

    Reinhard Langmann

    2010-08-01

    Full Text Available The paper describes a concept and application examples for a distributed Web-based control system (DWCS. The DWCS is based of two key components: an IEC 61131-programmable Web control and a process data proxy as the process interface. Control functions can be distributed and executed ad lib in the Intranet/Internet via the DWCS.

  9. The Role of Virtues in Legal Education

    Directory of Open Access Journals (Sweden)

    Antal Szerletics

    2017-12-01

    Full Text Available The author applies virtue theory (virtue epistemology and virtue ethics in particular to the question of legal education and examines the prospects of a virtue-based discourse in this context. Following the Aristotelian distinction between intellectual and moral virtues, he argues that law schools need to equip students – besides appropriate skills and knowledge of legal regulations – with intellectual and moral virtues necessary for a socially productive legal practice. Identifying lawyerly virtues and exploring the ways they can be fostered in a university environment might be the first steps to change the exaggeratedly formalistic thinking that seems to characterize legal education and legal practice in the CEE region. El autor aplica la teoría de la virtud (epistemología y ética de la virtud, en particular a la cuestión de la educación jurídica, y, en ese contexto, examina las perspectivas futuras de un discurso basado en la virtud. Siguiendo la distinción aristotélica entre virtudes intelectuales y morales, el autor argumenta que las escuelas de Derecho deberían educar, además de en las destrezas apropiadas y en el conocimiento de la ley, en las virtudes intelectuales y morales necesarias para un ejercicio del Derecho socialmente productivo. Los primeros pasos para cambiar el pensamiento exageradamente formalista que parece caracterizar la educación jurídica y la práctica de la profesión en la región de Europa central y oriental podrían ser la identificación de las virtudes del jurista y la reflexión sobre cómo aquéllas podrían ser fomentadas. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075146

  10. European stem cell research in legal shackles.

    Science.gov (United States)

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

    2013-12-11

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

  11. MILS: Business, Legal and Social Acceptance

    OpenAIRE

    Toulemonde, Christophe; Brygier, Jacques; Blasum, Holger; Tverdyshev, Sergey; Leconte, Bertrand; Müller, Kevin; Söding - Freiherr von Blomberg, Axel; Furgel, Igor; Truskaller, Martina

    2015-01-01

    This document is the result of EURO-MILS Work Package 1.3. The objective of the WP is to analyse the business impact of trustworthy ICT for networked high-criticality systems. A multistep work has be done to make a quantitative and qualitative analysis of the different markets and understand the potential of exploitation. It has analysed how security requirements vary from a business (companies) and a social (consumer) point of view. It has analysed the legal implications (national certificat...

  12. THE ISSUE OF OPTIMIZATION OF THE LEGAL REGULATION OF CERTIFICATION OF GENERAL AVIATION AIRCRAFT: DOMESTIC AND INTERNATIONAL EXPERIENCE

    Directory of Open Access Journals (Sweden)

    Vyktoriia Cherevatiuk

    2017-11-01

    Full Text Available Purpose: to reveal directions of optimization of the legal adjusting of certification of air ships of general aviation, by realization of analysis of rules, procedure and subjects of registration of civil air ships and permissive system in Ukraine, USA, and also in the countries of the European concord.  Exposure of factors that restrain development of general aviation in Ukraine and grant to suggestion in relation to the improvement of the legal adjusting of certification of air ships of general aviation. Methods: the use of approach of the systems allowed to reveal basic directions of optimization of the legal adjusting of certification of air ships of general aviation of Ukraine, being base on experience of leading countries of the world. Results: in the article attention is accented on the lacks of the legal adjusting of Ukrainian general aviation,  in particular, to the legislative vagueness of concept of general aviation that limits her development in direction of realization as commercial and substantially narrows the spectrum of possibilities for her subjects, and also does this sector of aviation economically unattractive. Substantially absence of the ramified classification of air ships complicates the legal adjusting, what took into account sizes of air ship, engine, condition of take off the plane and landings, distance of flights, carrying capacity and other. The questions of optimization of the legal adjusting of certification of air ships of general aviation touch simplification of procedure of certification for ultralight , being base on experience of the USA, Canada, and also some countries of Europe. Discussion: authors offer the ways of optimization of the legal adjustment of certification of air ships of general aviation of Ukraine.

  13. Improved biosensor-based detection system

    DEFF Research Database (Denmark)

    2015-01-01

    Described is a new biosensor-based detection system for effector compounds, useful for in vivo applications in e.g. screening and selecting of cells which produce a small molecule effector compound or which take up a small molecule effector compound from its environment. The detection system...... comprises a protein or RNA-based biosensor for the effector compound which indirectly regulates the expression of a reporter gene via two hybrid proteins, providing for fewer false signals or less 'noise', tuning of sensitivity or other advantages over conventional systems where the biosensor directly...

  14. Developing stereo image based robot control system

    Energy Technology Data Exchange (ETDEWEB)

    Suprijadi,; Pambudi, I. R.; Woran, M.; Naa, C. F; Srigutomo, W. [Department of Physics, FMIPA, InstitutTeknologi Bandung Jl. Ganesha No. 10. Bandung 40132, Indonesia supri@fi.itb.ac.id (Indonesia)

    2015-04-16

    Application of image processing is developed in various field and purposes. In the last decade, image based system increase rapidly with the increasing of hardware and microprocessor performance. Many fields of science and technology were used this methods especially in medicine and instrumentation. New technique on stereovision to give a 3-dimension image or movie is very interesting, but not many applications in control system. Stereo image has pixel disparity information that is not existed in single image. In this research, we proposed a new method in wheel robot control system using stereovision. The result shows robot automatically moves based on stereovision captures.

  15. Zope based electronic operation log system - Zlog

    International Nuclear Information System (INIS)

    Yoshii, K.; Satoh, Y.; Kitabayashi, T.

    2004-01-01

    Since January 2004, the Zope based electronic operation logging system, named Zlog, has been running at the KEKB and AR accelerator facilities. Since Zope is the python based open source web application server software and python language is familiar for the members in the KEKB accelerator control group, we have developed the Zlog system rapidly. In this paper, we report the development history and the present status of Zlog system. Also we show some general plug-in components, called Zope products, have been useful for our Zlog development. (author)

  16. A Software Tool for Legal Drafting

    Directory of Open Access Journals (Sweden)

    Daniel Gorín

    2011-09-01

    Full Text Available Although many attempts at automated aids for legal drafting have been made, they were based on the construction of a new tool, completely from scratch. This is at least curious, considering that a strong parallelism can be established between a normative document and a software specification: both describe what an entity should or should not do, can or cannot do. In this article we compare normative documents and software specifications to find out their similarities and differences. The comparison shows that there are distinctive particularities, but they are restricted to a very specific subclass of normative propositions. The rest, we postulate, can be dealt with software tools. For such an enterprise the FormaLex tool set was devised: an LTL-based language and companion tools that utilize model checking to find out normative incoherences in regulations, contracts and other legal documents. A feature-rich case study is analyzed with the presented tools.

  17. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  18. UNIX-based operating systems robustness evaluation

    Science.gov (United States)

    Chang, Yu-Ming

    1996-01-01

    Robust operating systems are required for reliable computing. Techniques for robustness evaluation of operating systems not only enhance the understanding of the reliability of computer systems, but also provide valuable feed- back to system designers. This thesis presents results from robustness evaluation experiments on five UNIX-based operating systems, which include Digital Equipment's OSF/l, Hewlett Packard's HP-UX, Sun Microsystems' Solaris and SunOS, and Silicon Graphics' IRIX. Three sets of experiments were performed. The methodology for evaluation tested (1) the exception handling mechanism, (2) system resource management, and (3) system capacity under high workload stress. An exception generator was used to evaluate the exception handling mechanism of the operating systems. Results included exit status of the exception generator and the system state. Resource management techniques used by individual operating systems were tested using programs designed to usurp system resources such as physical memory and process slots. Finally, the workload stress testing evaluated the effect of the workload on system performance by running a synthetic workload and recording the response time of local and remote user requests. Moderate to severe performance degradations were observed on the systems under stress.

  19. WIRELESS HOME AUTOMATION SYSTEM BASED ON MICROCONTROLLER

    Directory of Open Access Journals (Sweden)

    MUNA H. SALEH

    2017-11-01

    Full Text Available This paper presents the development of Global System Mobile (GSM-based control home air-conditioner for home automation system. The main aim of the prototype development is to reduce electricity wastage. GSM module was used for receiving Short Message Service (SMS from the user’s mobile phone that automatically enable the controller to take any further action such as to switch ON and OFF the home air-conditioner. The system controls the air-conditioner based on the temperature reading through the sensor. Every period temperature sensor sends the degree to Micro Controller Unit (MCU through ZigBee. Based on temperature degree MCU send ON or OFF signal to switch. Additionally, system allows user to operate or shut down the airconditioner remotely through SMS.

  20. Current trends on knowledge-based systems

    CERN Document Server

    Valencia-García, Rafael

    2017-01-01

    This book presents innovative and high-quality research on the implementation of conceptual frameworks, strategies, techniques, methodologies, informatics platforms and models for developing advanced knowledge-based systems and their application in different fields, including Agriculture, Education, Automotive, Electrical Industry, Business Services, Food Manufacturing, Energy Services, Medicine and others. Knowledge-based technologies employ artificial intelligence methods to heuristically address problems that cannot be solved by means of formal techniques. These technologies draw on standard and novel approaches from various disciplines within Computer Science, including Knowledge Engineering, Natural Language Processing, Decision Support Systems, Artificial Intelligence, Databases, Software Engineering, etc. As a combination of different fields of Artificial Intelligence, the area of Knowledge-Based Systems applies knowledge representation, case-based reasoning, neural networks, Semantic Web and TICs used...