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.

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

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

" Canvas " and the Legal Business Model

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Frederico de Andrade Gabrich

2016-06-01

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

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…

The Legal Prerequisites of Juvenile Delinquency Mediation Institution Creation

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Zabuga E. E.

2012-11-01

Full Text Available In the article the author analyzes the criminal procedure legislation of the Russian Federation, stresses the presence of prerequisites for creating the mediation institution in juvenile delinquency cases. In particular, here are considered the legal preconditions of utmost importance also at the international and national levels

Conceptual Analysis of Causation in Legal Discourse

Czech Academy of Sciences Publication Activity Database

Doležal, Adam; Doležal, Tomáš

2014-01-01

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

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

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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

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

Science.gov (United States)

Hyman, A

1996-01-01

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

Does legal institutionalism rule out legal pluralism?
Schmitt’s institutional theory and the problem of the concrete order

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Mariano Croce

2011-04-01

Full Text Available The present paper explores the background of the institutional perspective of law that Carl Schmitt develops in On The Three Types of Juristic Thought (1934, and draws a comparison between this view and the institutional theory of Santi Romano (explicitly recalled by Schmitt. In doing so, I will shed some light on the complex relation between law and pluralism. While Schmitt portrays the law as a political means for preserving identity and excluding diversity within a homogeneous community, Romano depicts law as a form of organisation which inevitably reflects the plurality of social life.To this end, I will attend to some crucial problems of social and legal theory, such as the relation between norms and normality, the role of institutions in human life, and the way the law affects and is affected by the dynamics of its social surroundings.My final goal is to show that the law does not exclude pluralism at all, but is in itself a plural phenomenon.

" Canvas " and the Legal Business Model

OpenAIRE

Frederico de Andrade Gabrich

2016-01-01

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

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

International Nuclear Information System (INIS)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel

Legal, institutional, and political issues in transportation of nuclear materials at the back end of the LWR nuclear fuel cycle

Energy Technology Data Exchange (ETDEWEB)

Lippek, H.E.; Schuller, C.R.

1979-03-01

A study was conducted to identify major legal and institutional problems and issues in the transportation of spent fuel and associated processing wastes at the back end of the LWR nuclear fuel cycle. (Most of the discussion centers on the transportation of spent fuel, since this activity will involve virtually all of the legal and institutional problems likely to be encountered in moving waste materials, as well.) Actions or approaches that might be pursued to resolve the problems identified in the analysis are suggested. Two scenarios for the industrial-scale transportation of spent fuel and radioactive wastes, taken together, high-light most of the major problems and issues of a legal and institutional nature that are likely to arise: (1) utilizing the Allied General Nuclear Services (AGNS) facility at Barnwell, SC, as a temporary storage facility for spent fuel; and (2) utilizing AGNS for full-scale commercial reprocessing of spent LWR fuel.

Quantifying the impact of legal culture and institution on carbon emissions

Science.gov (United States)

Li, Q.; Wang, B.; Yu, C.; Deng, H.; Cai, W.; Wang, C.

2015-12-01

Anthropogenic carbon emissions has been believed to trigger more than half of the global warming over the past half a century. Climate change analysis based on human activities should not neglect the driving force of human society. Different countries or regions have different legal culture traditions and legal systems that can greatly influence regional carbon emissions. This will lead to differences in implementation way and implementation intensity of the law and policies. Without understanding the social and legal background, it is not enough to understand how the climate change rules work and what the effects enforce. Using the panel data of 71 countries from 1996-2010, this study analyzes the effects of macro channels influencing mitigation policies, which contains rules and regulations including value, religion, genealogy of law, public participation, regulatory, government effectiveness, corruption, rule of law, etc. The results show that the interaction between legal variables and economic variables is very important for carbon emissions reduction. The law affects the carbon emissions by adjusting the economic and other related variables, and vice verse, economic and other variables will also impact the level of the rule of law. The study also reveals that developing national economy is most countries' urgent current task, and there are not sound strategies or strong enforcement to guarantee the achievement of the emissions reduction commitment. It is not enough to make justice dominant by cultivating a fair attitude. Practical measures and institutional means for social justice must be promoted. These results will give insight to policy makers in creating feasible and practical climate polices.

Proposed REDD+ project for the Sundarbans: Legal and institutional issues

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Saiful Karim

2013-07-01

Full Text Available Sundarbans, a Ramsar and World Heritage site, is the largest single block of tidal halophytic mangrove forest in the world covering parts of Bangladesh and India. Natural mangroves were very common along the entire coast of Bangladesh. However, all other natural mangrove forests, including the Chakaria Sundarbans with 21,000 hectares of mangrove, have been cleared for shrimp cultivation. Against this backdrop, the Forest Department of Bangladesh has developed project design documents for a project called ‘Collaborative REDD+ Improved Forest Management (IFM Sundarbans Project’ (CRISP to save the only remaining natural mangrove forest of the country. This project, involving conservation of 412,000 ha of natural mangrove forests, is expected to generate, over a 30-year period, a total emissions reduction of about 6.4 million tons of CO2. However, the successful implementation of this project involves a number of critical legal and institutional issues. It may involve complex legal issues such as forest ownership, forest use rights, rights of local people and carbon rights. It may also involve institutional reforms. Ensuring good governance of the proposed project is very vital considering the failure of the Asian Development Bank (ADB funded and Bangladesh Forest Department managed ‘Sundarbans Biodiversity Conservation Project’. Considering this previous experience, this paper suggests that a comprehensive legal and institutional review and reform is needed for the successful implementation of the proposed CRISP project. This paper argues that without ensuring local people’s rights and their participation, no project can be successful in the Sundarbans. Moreover, corruption of local and international officials may be a serious hurdle in the successful implementation of the project.

A Legal Institutional Perspective on the European External Action Service

DEFF Research Database (Denmark)

Van Vooren, Bart

2011-01-01

the EEAS be drawn into proceedings before the Court of Justice? In answering those questions, this article then examines to which extent the legal-institutional choices on the structure of the EU External Action Service reflects the age-old tension entrenched in EU external relations law: the EU’s nature...

PROBLEM ASPECTS OF FORMATION OF THE LEGAL INSTITUTE OF CONSOLIDATED TAXPAYERS’ GROUPS IN RUSSIA

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Irina Glazunova

2017-01-01

Full Text Available The subject. The article is devoted to the prerequisites of the emergence and essential characteristics of the institution of consolidated taxpayers’ groups in Russia and abroad, revealing of advantages and disadvantages of the legal regulation of the creation and operation of consolidated groups of payers of corporate profits tax, analyzing results and directions of the development of tax consolidation in Russian Federation.The purpose of the article is to identify positive and negative aspects of the functioning of the institution of consolidated taxpayers’ groups in Russia with the establishment of prospects of tax consolidation and the likely directions of its development.The description of the problem field. The development of the world economic system stimulates the emergence of new forms of management, characterized by the enlargement of busi-ness, the pooling of resources of individual enterprises into a single system in order to optimize entrepreneurial activity. These trends are reflected in the development of tax systems of various countries, that is expressed in the formation of institutions of consolidated taxpayers’ groups. Tax consolidation in Russia is a relatively new phenomenon, and it seems necessary to examine this institution from the law enforcement point of view, to evaluate its effectiveness.Methods and methodology. The authors used methods of analysis, synthesis, as well as formal-legal, comparative-legal, historical methods of investigation.Results and the scope of its application. The authors note that the institution of tax consolidation today is presented in the tax systems of most modern countries.The practice of applying the institution of consolidated taxpayers’ groups testifies to the existence of a significant number of advantages and disadvantages of tax consolidation in Russia. The moratorium on the creation of consolidated taxpayers’ groups, due to the contradictory nature of their influence on the

Study on the Influence of Informal institution on Rural Legal Construction in Northwest Ethnic Minority Region

Institute of Scientific and Technical Information of China (English)

Junlin; DU

2015-01-01

The Informal institution in Northwest Ethnic Minority Region has dual effects on rural legal construction. In the process of rural legal construction,it can make up for the defects of formal institution to reduce the cost of legal construction,and increase benefit. It also has negative influence on social function,and can’t be conducive to the social stability,development and harmony. Civil law is to be more valued,thus avoiding and hampering the implementation of national laws and even covering the operation of national laws,so it is impossible to achieve rule of law. The coordinated development of Informal institution and socio-economic development in Northwest Ethnic Minority Region will contribute to stable and harmonious social development in Northwest Region.

[Forensic age determination in living individuals at the Institute of Legal Medicine in Berlin (Charité): analysis of the expert reports from 2001 to 2007].

Science.gov (United States)

Schmidt, Sven; Knüfermann, Raidun; Tsokos, Michael; Schmeling, Andreas

2009-01-01

The analysis included the age reports provided by the Institute of Legal Medicine in Berlin (Charité) in the period from 2001 to 2007. A total of 416 age estimations were carried out, 289 in criminal and 127 in civil proceedings. 357 of the examined individuals were male, 59 were female. The vast majority of the individuals came from Vietnam. In 112 cases, there were no deviations between the indicated age and the estimated minimum age, while the actual age of the individuals was partly clearly above the estimated age. In 300 cases, there were discrepancies of up to 11 years between the indicated age and the estimated age. The study demonstrates that forensic age estimation in living individuals can make an important contribution to legal certainty.

Institutional arrangements of Currency Boards - Comparative Macroeconomic Analysis

OpenAIRE

Lubomira Anastassova

1999-01-01

This paper is concentrated on the comparative macroeconomic analysis of the differences stemming from the extent to which the institutional framework of the currency board arrangement is implemented in the legal and regulatory systems in the different countries. The main objective of taking into consideration and examining the currency board institutional arrangements is to distinguish between the impact that currency board countries and countries with pegged exchange rate have on different m...

Institutional, Financial, Legal, and Cultural Factors in a Distance Learning Program.

Science.gov (United States)

Blakeman, Rachel; Haseley, Dennis

2015-06-01

As psychoanalytic institutes evolve, adapting to the contemporary financial and social environment, the integration of new technologies into psychoanalytic education presents opportunities for expansion to candidates residing beyond the usual geographic boundaries. While the teaching of analytic content through distance learning programs appears to be relatively straightforward, factors including legalities, traditional mind-sets, and cross-cultural issues need to be considered as complicating the situation, as illustrated by one U.S. institute's distance learning initiative with a group in South Korea. © 2015 by the American Psychoanalytic Association.

Case study analysis of legal and institutional obstacles and incentives to the development of the hydroelectric potential at Goose River, Maine

Energy Technology Data Exchange (ETDEWEB)

None,

1980-05-01

The case study is an analysis of the legal, institutional, and financial incentives and obstacles to the development of the hydroelectric potential on the Goose River in Maine. The Goose River project concerns development by a private developer, Maine Hydro-Electric Development Corporation. The project is comprised of a five-dam system, with the first dam located at Swan Lake and the fifth dam about one mile from the sea. It will utilize the 7500 acre-feet of storage capacity of Swan Lake to run the four downstream power stations. The system is designed to generate 430 kWs of total capacity which would be sold to Central Maine Power, the local investor-owned public utility.

Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

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N. O. Tkachenko

2018-03-01

Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness

Justice Of The Peace Foreign Experience Of Organization Comparative Legal Analysis

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Aishat R. Kaitova

2014-09-01

Full Text Available In the present article a short comparative analysis of the modern advanced states of the judicial systems is carried out. With considered judicial system's specifics existence it is possible to reveal their common features and tendencies of development. Today, for all states of the world community the process of globalization and universalism is characteristic. Practically all modern Constitutions and laws of states reproduce general approaches to the organization of the judicial systems and trial procedures, which are basis on the principles of the norms of international law, such as the right for fair and public trial in the reasonable time by the independent and impartial court, created on the basis of law. Moreover, today it is already possible to speak not only about declarative fixing of these general approaches, but also about their practical expression in the form of the number of judicial reforms implementation among which the important role is played by the problem of the institute of the justice of the peace formation and development. In this context foreign experience of the institute of the justice of the peace formation and functioning study will allow to reveal the general tendencies and ways of this legal institute improvement in our country. In the conclusion author notes that in the Romano-German family of the legal systems (France, Spain, Anglo-American (USA, Great Britain and mixed (Canada, Australia - justice of the peace carried out justice earlier and still continue to function successfully, at the same time this legal institute not usual for the socialist law. So there were no justices of the peace in the USSR, China, Democratic People's Republic of Korea, Cuba, etc.

How the Triangle of Bologna Quality Assurance, a National Legal Framework and Internal Quality Enhancement Supports Institutional Improvement

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Veronika Kareva

2017-06-01

Full Text Available The Republic of Macedonia (RM has been a part of the Bologna process since 2003. The Ministry of Education, law and policy makers and higher education institutions have actively engaged with its main concepts. In parallel with this, since the adoption of the law on higher education in 2008 and the reform of the Accreditation and Evaluation Board, there have been numerous changes and amendments culminating in the fast-tracked adoption of a new law at the beginning of 2015. Some of its solutions created a huge debate among the academic community, other intellectuals and students themselves, resulting in the postponement of that law and a kind of legal vacuum. In such turbulent circumstances, individual higher education institutions had to consider how and to what extent to adopt and develop relevant standards and guidelines, comply with the legal framework and promote good practice. The aim of this paper is to present how these three aspects, Bologna standards and guidelines for Quality Assurance (QA, a national legal framework and an institutional approach are being reflected, merged and implemented at a relatively young higher education institution. It questions the impact of these three elements on each other and how one institution’s drive for improvement is affected. This is done through a qualitative analysis of the three-fold perspectives. The conclusions and recommendations are expected to be of use to policy makers in the country and region as they evaluate how international trends and good practice fit into the socio-economic and political conditions of RM and similar countries. At the same time, it can demonstrate how far institutional quality assurance and progress can be implemented and recognized in the country itself and by some international stakeholders. It can also prove that the South East European University (SEEU is a national leader in this field as RM has no functioning QA evaluation system, while SEEU has managed to

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.

Are Mergers a Win-Win Strategic Model? A Content Analysis of Inter-Institutional Collaboration between Higher Education Institutions

Science.gov (United States)

Ripoll-Soler, Carlos; de-Miguel-Molina, María

2014-01-01

The main goal of this paper, based on a content analysis of the literature about models of inter-institutional collaboration between higher education institutions, is to establish the characteristics that set them apart, contextualize each of these models in terms of the features of the setting in which they are implemented, and ascertain their…

Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

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Oţăt Diana

2015-12-01

Full Text Available Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.

Legal and institutional impediments to geothermal energy resource development: a bibliography

Energy Technology Data Exchange (ETDEWEB)

1978-01-01

This bibliography contains 485 references to literature on the subject of legal and institutional constraints to the development and use of geothermal resources. In addition to government-sponsored reports, journal articles, and books, the bibliography includes specific state and Federal laws and regulations, court cases of interest, and conference proceedings. For each reference, abstract or a listing of subject descriptors is given along with the complete bibliographic citation. Corporate, author, subject, and report number indexes are included. (LS)

Imitation Modeling and Institutional Studies

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Maksim Y. Barbashin

2017-09-01

Full Text Available This article discusses the use of imitation modeling in the conduct of institutional research. The institutional approach is based on the observation of social behavior. To understand a social process means to determine the key rules that individuals use, undertaking social actions associated with this process or phenomenon. This does not mean that institutions determine behavioral reactions, although there are a number of social situations where the majority of individuals follow the dominant rules. If the main laws of development of the institutional patterns are known, one can describe most of the social processes accurately. The author believes that the main difficulty with the analysis of institutional processes is their recursive nature: from the standards of behavior one may find the proposed actions of social agents who follow, obey or violate institutions, but the possibility of reconstructive analysis is not obvious. The author demonstrates how the institutional approach is applied to the analysis of social behavior. The article describes the basic principles and methodology of imitation modeling. Imitation modeling reveals the importance of institutions in structuring social transactions. The article concludes that in the long term institutional processes are not determined by initial conditions.

Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

Science.gov (United States)

Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

2016-01-01

Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…

Theory of imprevision from the economic and legal perspective of contract analysis

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Radu Ştefan PĂTRU

2011-06-01

Full Text Available The new realities of the 21st century ask for a revitalization of the economic and legal systems so as to overcome the effects of the economic crisis. The current economic crisis is at the same time a challenge for the scientific milieu which is called to find the best solutions for the reversal and adaptation of the main scientific institutions. For the legal system, the contract represents an essential factor both theoretically and practically so that the new legislative decisions appear to be as highly important. As a particular case study, we intend to analyse the theory of imprevision both from the theoretical viewpoint and the one of practical consequences that the regulation of this institution might generate in the domestic legislative environment through the provisions of the New Civil Code. Far from our affiliation to the opinions that vividly sustain or reject the regulation of this theory, this article intends to be an objective analysis of the theory of imprevision representing one of the greatest challenges for the New Civil Code.

PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

Science.gov (United States)

Zhiyong, Xian

2017-08-01

On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.

Suretyship in Serbian and comparative legal systems

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Pajtić Bojan

2014-01-01

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

Bank guarantee in Serbian and European legal systems

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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.

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

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Eugene Stepanovich Shevlakov

2015-09-01

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

Legal Training and the Reshaping of French Elite: Lessons from an Ethnography of Law Classes in Two French Elite Higher Education Institutions

Science.gov (United States)

Israël, Liora; Vanneuville, Rachel

2017-01-01

The article examines the nature of contemporary legal training in two French elite higher education institutions--one dedicated to prepare for legal careers in the economic field, the other one to train top civil servants--in order to assess the role of legal knowledge in the shaping of French contemporary elites. Based on observations of law…

Features of the applied physical preparedness of the first-year students of a legal higher educational institution

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Olga Kolomiytseva

2015-02-01

Full Text Available Purpose: to study a level of the development of separate applied physicality of the 1st year students of a legal higher educational institution. Material and Methods: students of the1 course of Institute of preparation of investigative specialists for the Ministry of Internal Affairs of the legal higher educational institution in number of 83 girls and 94 boys took part in researches. Methods were used: analysis and generalization of scientific and methodical literature, pedagogical test, methods of mathematical statistics. Results: it is fixed that one of the component of preparedness of a university graduate for the performance of his professional duties is the level of their health, physical and psychological preparedness. The research of an extent of the performance of one of tasks of the applied physical training of students is conducted – the development of the applied main physicality: general endurance and force. Following the results of the implementation of the running test of Cooper it was revealed that girls have a low degree of physical working capacity, boys – average. It is also defined that force of muscles of an abdominal tension and muscles of feet are poorly developed at students of both sexes. Force of muscles of an upper shoulder-girdle is developed rather good at boys, girls – haven't enough. Conclusions: researches showed that the process of classes on physical training of students – future investigative specialists of the Ministry of Internal Affairs is needed to be specialized according to the professiogramm of an investigator and to pay a special attention to the development of applied general and special qualities.

Awareness of female students attending higher educational institutions toward legalization of safe abortion and associated factors, Harari Region, Eastern Ethiopia: a cross sectional study.

Science.gov (United States)

Geleto, Ayele; Markos, Jote

2015-03-17

Unsafe abortion has been recognized as an important public health problem in the world. It accounts for 14% of all maternal deaths in sub-Saharan African countries. In Ethiopia, 32% of all maternal deaths are accounted to unsafe abortion. Taking the problem of unsafe abortion into consideration, the penal code of Ethiopia was amended in 2005, to permit safe abortion under a set of circumstances. However, lack of awareness on the revised penal code is a major barrier that hinders women to seek safe abortion. The aim of this study is to assess awareness of female students attending higher educational institutions toward legalization of safe abortion and associated factors in Harari region, eastern Ethiopia. Institution-based descriptive cross sectional study was conducted among 762 female students who are attending five higher educational institutions in Harari Region. Systematic sampling method was used to identify study participants from randomly selected colleges. Self administered structured questionnaire was used to collect data. Data were entered in to Epi Info version 6.04 and analyzed by SPSS version 17.0 statistical packages. Frequency, percentage and ratio were used to describe variables. Multivariable logistic regression analysis was done to control confounders and odds ratio with 95% confidence interval was used to identify factors associated with awareness of female students to legalization of abortion. 762 study participants completed the survey questionnaire making the response rate 90.2%. Only 272 (35.7%) of the respondents reported that they have good awareness about legalization of safe abortion. Studying other fields than health and medicine [AOR 0.48; 95%CI (0.23, 0.85)], being the only child for their family [AOR 0.28; 95%CI (0.13, 0.86)], having no boy friend [AOR 0.34; 95%CI (0.12, 0.74)], using family planning [AOR 0.50; 95%CI (0.13 and 0.86)], being 25 years or older [AOR 1.64; 95%CI (1.33, 2.80)] were significantly associated with awareness

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

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Paulius Pakutinskas

2011-08-01

Full Text Available Summary. The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration asit is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft.In this article

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

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Darius Štitilis

2013-08-01

Full Text Available The growth of the Internet and e-commerce has taken identity theft to new levels. Indeed, consumers, financial institutions and the whole economic suffer from online identity theft. This article analyses the legal environment which is concerned with online identity theft. The analysis is based on the comparison of two countries—USA’s and Lithuania’s— legislation, regulating such fields as personal data protection, electronic information security, identification, criminal liability and special legal acts, regulating online identity theft, because if all these fields are sufficiently regulated, the fight with online identity theft is more successful. The choice of the countries is based on the fact that USA has experience in fighting online identity theft while Lithuania is taken into a deeper consideration as it is a member of the European Union, the legal system of which has great differences in comparison to the USA. The analysis of legislation, regulating personal data protection, is based on comparison of the main requirements and principles of personal data protection, institutions which are responsible for personal data protection and liability for breaches of personal data protection rules. The authors of the present article also present similarities and differences of legal regulation of electronic information security in USA and Lithuania by comparing the institutional control of information security, main requirements for information security and liability for breaches of information security rules. Also, the variety of personal identity documents in the USA and Lithuania is analyzed, main personal identity documents are presented as well as regulation of online identity theft, elements and types of identification online are discussed. Moreover, criminal and special legislation of USA and Lithuania is taken into consideration in order to discuss and compare criminalization aspects of online identity theft. In this article it is

Concept Of The Legal System Analysis

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Petr E. Zhigockiy

2015-03-01

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

Legal recognition of same-sex couples and family formation

DEFF Research Database (Denmark)

Trandafir, Mircea

2015-01-01

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

Legal Challenges Related to the Regulation of a Domain Name System

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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

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

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

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

28 CFR 543.15 - Legal aid program.

Science.gov (United States)

2010-07-01

... necessary to maintain security or good order in the institution, the Warden may prohibit a student or legal... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal aid program. 543.15 Section 543.15 Judicial Administration BUREAU OF PRISONS, DEPARTMENT OF JUSTICE INSTITUTIONAL MANAGEMENT LEGAL MATTERS...

The legacy of legal culture and Serbia's European integration

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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

The Legal Road To Replicating Silicon Valley

OpenAIRE

John Armour; Douglas Cumming

2004-01-01

Must policymakers seeking to replicate the success of Silicon Valley’s venture capital market first replicate other US institutions, such as deep and liquid stock markets? Or can legal reforms alone make a significant difference? In this paper, we compare the economic and legal determinants of venture capital investment, fundraising and exits. We introduce a cross-sectional and time series empirical analysis across 15 countries and 13 years of data spanning an entire business cycle. We show t...

Models of knowledge management in Russian institutions: social and psychological analysis

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Nestik Timofei Aleksandrovich

2014-12-01

Full Text Available The paper presents socio-psychological analysis of five knowledge management models used in Russian institutions: knowledge management in projects, virtual expert groups, competence centers, knowledge management via organization development and open innovations. Special attention is given to the consequences of transition to network-based knowledge management.

Legal Field and Social Representations : Analysis of Damage of The Grounds of Failure in Moral Judgments

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Morgana Neves de Jesus

2016-11-01

Full Text Available It is proposed to analyze the problem of the failure of judicial decisions, from the observation of the interference of social representations the lack of real motivation of judgments, from the statement of denaturation of the institute moral damage caused by internalized reproduction of concepts and meanings anchored and objectified in the collective unconscious of the various authorities and actors in the legal field. Seeks to understand the social representations reproduced in the legal and social field of the institute, which confirms the problem of inadequate statement of reasons and not resolving legal conflicts social damage morale.

Corporate and public governances in transition: the limits of property rights and the significance of legal institutions

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Jean-François Nivet

2004-12-01

Full Text Available Post-socialist transition raises crucial issues about the institutional setting of a market economy. The priority has been given to property rights, and privatization has been advocated as a means to depoliticize economic activities. The dismissal of external interventions, allied with the attraction to the American model and Hayekian ideas, often led to the introduction of minimal laws and wait for their evolutionary development. The failure of corporate and public governance, notably in Russia, helps to show why, on the contrary, democratically established legal rules are essential. Legislation should not only protect corporate shareholders and stakeholders, but more fundamentally all citizens against predatory collusive behavior of political, economic and criminal elites

A novel dataset on legal traditions, their determinants, and their economic role in 155 transplants

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Carmine Guerriero

2016-09-01

Full Text Available The law and the economy are deeply influenced by the legal tradition or origin, which is the bundle of institutions shaping lawmaking and dispute adjudication. The two principal legal traditions, common law and civil law, have been transplanted through colonization and occupation to the vast majority of the jurisdictions in the world by a group of European countries. Here, I illustrate a novel dataset recording the lawmaking institution employed by 155 of these jurisdictions at independence and in 2000 and four discretion-curbing adjudication institutions adopted by 99 of these “transplants” at the same two points in time. Contrary to the “legal origins” scholars׳ assumption, 25 transplants changed the transplanted lawmaking institution and 95 modified at least one of the transplanted lawmaking and adjudication rules. In “Endogenous Legal Traditions” (Guerriero, 2016a [12], I document that these reforms are consistent with a model of the design of legal institutions by societies heterogeneous in their endowment of both the extent of cultural heterogeneity and the quality of the political process. In “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13] moreover, I show the relevance of considering legal evolution and the endogeneity between legal traditions and economics outcomes. The data illustrated here also include the proxies for the determinants of legal evolution I use in “Endogenous Legal Traditions” (Guerriero, 2016a [12] and the novel measure of economic outcomes I employ in “Endogenous Legal Traditions and Economic Outcomes” (Guerriero, 2016b [13].

The privatization of electricity distribution in Turkey: A legal and economic analysis

International Nuclear Information System (INIS)

Ulusoy, Ali; Oguz, Fuat

2007-01-01

This paper analyzes the recent regulatory reform in the Turkish Electricity Distribution Market from a legal and economic perspective. We highlight tensions between the judiciary, politicians and bureaucracy and discuss their economic consequences. The paper engages in a discussion of economic consequences of legal procedures. We stress interactions between legal decisions and economic institutions. The historical positions of the Constitutional Court and Danistay (Council of State), on privatizations have been ambivalent and it is hard to qualify them as an incentive for privatization and reform, despite some recent liberal decisions. We address reasons behind their decisions and offer some suggestions toward improving the privatization process

Development of stock markets, societal norms and legal institutions

NARCIS (Netherlands)

Garretsen, Harry; Lensink, Robert; Sterken, Elmer

2000-01-01

We explain the development of stock markets by both legal and societal determinants and analyze the relevance of both determinants in the Levine-Zervos (1998) cross-sectional growth regressions. We argue that the legal indicators as developed by La Porta, Lopez-de-Silanes, Shleifer and Vishny (1998)

Institutions and Mechanisms for Internal Conflict Resolution: Legal and Non-Legal Means in Resolving Dispute and Attaining Justice in Malaysia

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Khairil Azmin Mokhtar

2017-03-01

Full Text Available Seeking justice is a noble cause and dispensing justice is an obligation that the state must fulfill. Under the doctrine of separation of powers courts exist to protect people and their rights, to guarantee fairness and justice for all. The task to combat injustices, produce a just ordering of society, ensure a fair distribution of material and legal resources, safeguard the rule of law, promote equality, ensure proportionality in punishment, and protect entitlements and legitimate expectations should not be put on the shoulders of judges and courts only. It must be spread out and shared by other institutions and by whatever means available

General Lines of Disregard for the Legal Personality on Irregular Dissolution the Company

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Fábio Augusto Barcelos Moreira Corrêa

2016-12-01

Full Text Available This article will analyze the Institute of disregard for the legal personality in situations involving irregular dissolution the limited liability company, in light of the jurisprudence of the Superior Court Tribunal. We highlight the impact that new code of Civil procedure will provide for analysis to safeguard the autonomy of assets of the legal person, as well as the guarantee of due process and of ample defense, directly impacting on business law. The analysis aims to contribute to the understanding of the Institute, and the systematic procedure. Adopting the dialectical methodology and criticism.

24 CFR 107.25 - Provisions in legal instruments.

Science.gov (United States)

2010-04-01

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

Institutional Investors

DEFF Research Database (Denmark)

Birkmose, Hanne Søndergaard; Strand, Therese

Research Question/Issue: Institutional investors are facing increased pressure and threats of legislation from the European Union to abandon passive ownership strategies. This study investigates the prerequisites for – and potential dissimilarities in the practice of, active ownership among...... institutional investors in two Scandinavian countries with diminutive legal and cultural distance in general. Research Findings/Insights: Using data on shareholder proposals from Danish and Swedish annual general meetings from 2006 throughout 2010, we find that institutional investors are approximately....../Policy Implications: Regulators should be aware of the impact by local governance mechanisms, and how shareholders react under different legal and practical prerequisites. The paper also highlights legal elements that differ between Denmark and Sweden, and which might affect institutional activism....

The Organizational-Legal Peculiarities of Application of the Remote Labor Mode and Flexible Working Hours of Scientific Workers at Higher Education Institution

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Lytovchenko Iryna V.

2018-01-01

Full Text Available The article is aimed at defining the main organizational-legal peculiarities of application of the remote labor mode, establishing and accounting the flexible working hours of scientific workers at higher educational institutions and scientific institutes. In the course of research the organizational-legal peculiarities of application of the remote labor mode and flexible working hours of the scientific workers at higher education institutions were analyzed. The article suggests their integration into the activities of higher education institution with the purpose of efficient distribution of their working time, provided that the tasks set are fully executed in a timely manner. As the basic means of control of measurement of results of scientific activity it is suggested to use acts of executed works and other absolute indicators (quantity of the processed scientific sources, quantity of the written pages of scientific papers etc.. The prospective direction of further research is development of practical recommendations on the use of special reports and indicators with an assessment of their impact on the results of activities of scientific workers at higher education institutions.

Economic and legal consequences of concluded apparent legal on national interests in Montenegro

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Vuksanović Draginja

2017-01-01

Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

Performance Analysis of Microfinance Institutions of India

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Muhammad Azhar Ikram Ahmad

2014-12-01

Full Text Available This is a study of Microfinance Institutions-MFIs of India. It includes analysis of MFIs of India. This study includes analysis of performance of microfinance institutions with reference to both financial and non-financial ways. Performance of microfinance institutions is measured using four parameters, which are sustainability/profitability, outreach, operational and financial efficiency. Data is taken of 99 Microfinance Institutions of India from the Microfinance Information Exchange for a period of 11 years. Variables of this study are both in absolute and relative terms. The endogenous variables are Return on Assets and Return on Equity for sustainability, Number of Borrowers per Staff Member for operational efficiency, Cost per Borrower for financial efficiency, and Number of Active Borrowers for outreach. Panel data analysis is done after checking the assumptions of the model. Hausman Test is applied to find out the suitability of Fixed or Random Effect Model. Both random and fixed effect were found suitable for application. In addition to this descriptive analysis of the variables is also done. The results show that most of the variables used in the study are significant in outreach model; other than rank, financial revenue to assets ratio, portfolio at risk, deposits, and capital to assets ratio all other variables are significant in case of sustainability using ROA model and same variables are found insignificant in ROE model except financial expense to assets ratio; in financial efficiency model both significant and insignificant variables are found; and in case of operational efficiency all variables are found significant.

Legal nature of affatomia

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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

Legal analysis of contract models in a common Nordic electricity retail market

Energy Technology Data Exchange (ETDEWEB)

Bjoerneby, Henrik; Alvik, Ivar

2012-07-01

The main objective of this study is to consider the legal advantages and disadvantages with different contract models given NordREG's choice of a supplier centric model with mandatory combined billing in a future Nordic end-user market for electricity.At the outset, there are today three relevant categories of agreements in place between customers, suppliers and DSOs in the Nordic electricity retail markets: the electricity supply agreements between customers and suppliers, the grid use agreements between customers and DSOs, and the grid connection agreements usually entered into between customers and DSOs. We have assumed that issues governed by the grid connection agreements will still be entered into by DSOs under a supplier centric model. Two general contract models have on this basis been considered as possible approaches to regulation of electricity supply and grid use terms under a future supplier centric model. The subcontractor model is considered in more detail in chapter 7 of this report. Under this model, the customer enters into a contract with the supplier governing both electricity supply and grid use. The supplier then enters into a separate contract with the DSO for grid use, making the DSO a subcontractor for this service. The Danish wholesale model which will be implemented from 1 October 2014 represents one example of a subcontractor model.The main advantage of the subcontractor model is that it will entitle the customer to envisage the electricity supply, including grid services, as a single service delivered by the supplier. On the other hand, the sub-contractor model will extend the responsibilities of suppliers towards customers. We discuss the advantages and disadvantages of this model further in section 7.2. The power of attorney model is considered in more detail in chapter 8 of this report. Under this model, the customer and the DSO will still formally be contract parties to the grid use agreement, but the supplier will act with a

Model and Characteristics of Micro Finance Institutions Based on SME Women in Batu City

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Ike Kusdyah Rachmawati

2017-03-01

This study used exploratory research, descriptive, experimental and applied research conducted in stages for the development of a comprehensive model of microfinance accommodative Informants determined based on the information needs. Using a descriptive and qualitative analysis of the MFI deliberately selected examples illustrate the following: (A The existence of MFIs is recognized community has a strategic role as an intermediary in economic activity that has not affordable public services of banking institutions / conventional banks; (B service MFIs have demonstrated success, but success can still be in business economics. Skim MFI lending to businesses has not received the priority, it is characterized by a relatively small ceiling (budget allocation to support farming, which is less than 10% of the total ceiling of MFIs; (C A critical factor in the development of the agricultural sector MFI lies in the institutional legality, capability management, seed capital support, the economic viability of farming, farm characteristics and technical assistance clients / service users MFIs; (D To initiate the growth and development of agricultural MFIs needed guidance enhanced capabilities for HR candidates MFI managers, support the strengthening of capital and technical assistance to customers of credit users. Keywords: Financial Institutions Micro, Small Business Micro

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

OpenAIRE

Anca POPESCU-CRUCERU

2013-01-01

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

Strategic personnel management in an educational institution

OpenAIRE

KOROTKOVA M.V.; RYBKINA M.V.; NIKITINA S.O.; SCHERNYKH A.V.

2016-01-01

The article analyzes the strategic human resource management in an educational institution. Analyzes the basic normative-legal documents regulating educational activities, including the part of management. Particular importance is given to the types of educational institutions (budgetary, state, and autonomous). The stages of strategic management of staff in educational institutions and development model of strategic management personnel are shown.

International institutional law unity within diversity

CERN Document Server

Schermers, Henry G

2011-01-01

In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

Defendant’s free will in legal collaboration and its relation with pre-trial detention

Directory of Open Access Journals (Sweden)

Antonio Henrique Graciano Suxberger

2017-03-01

Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

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...

Evolution of Law: Interplay Between Private and Public Rule-Making - A New Institutional Economics-Analysis

NARCIS (Netherlands)

C. Kirchner (Christian)

2012-01-01

markdownabstract__Abstract__ Whereas the New Institutional Economics (NIE) is interested in the process of institution-building and the evolution of institutions, legal scholars study law-making processes and their variations. The evolution of institutions and law-making are thus overlapping, but

The institute of head of the state in the mechanism of strengthening state unity and the rule of law (theoretical-historical and constitutional-legal interpretation

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Andrey V. Bezrukov

2018-01-01

Full Text Available The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of

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

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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.

Creating legal rights for rivers: lessons from Australia, New Zealand, and India

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Erin L. O'Donnell

2018-03-01

Full Text Available As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.

The peculiarities of scientific research whithin old institutionalism of the political-institutional paradigm

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O. V. Bashtannyk

2016-10-01

The presence of internal evolution in the analysis’s research strategy of the classical institutional theory is justified. First, the principle of normativity (borrowed from political philosophy was gradually transformed from requirements of accordance to moral and value criteria till declaration the paramount of legal framework for regulation the functioning of the political institutions. Second, understanding of the state as a legally holistic phenomenon of the highest status to the system of government (borrowed from legal positivism and historical school of law was modified to consideration of the state as one among other political institutions of society, though very influential.

German Legal History: National Traditions and Transnational Perspectives

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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.

Political and Legal Doctrine of Simon Bolivar

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Mixail V. Fedorov

2014-03-01

Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

Legal provisions governing the acknowledgment of test results

International Nuclear Information System (INIS)

Strecker, A.

1982-01-01

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

INSTITUTIONAL AND LEGAL ORDER’S EFFECT ON ECONOMIC SITUATION OF THE GERMAN SECTOR OF SPORTS ENTERPRISES

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Artur GRABOWSKI

2016-02-01

Full Text Available This article  shows legal order in which German sports (football enterprises exist. Due to the fact that German is the homeland of ordoliberalism and Walter Eucken was its leading representative we compare the principles of this legal order with the current situation in the sector of sports organization. Legal solutions that are applied, encourage the development of both professional football leagues where licensing procedure corresponds to the assumed objectives set out by the League Association. The following research methods were applied: a descriptive, historical and comparison analysis. Literature studies on the law relating to the operation of professional football leagues in Germany and the history of economic thought (in particular ordoliberalism were performed on German sources and legislation.

A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

Science.gov (United States)

Ford, Roderick Dwayne

2014-01-01

This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

Institutional development: from legal pluralism to institutional bricolage in West African pastoralism.

Science.gov (United States)

Fokou, G; Bonfoh, B

2016-11-01

Pastoralists in Africa are increasingly vulnerable to the effects of globalisation, climate change and changes in land use. They are confronted with problems related to access to scarce natural resources and their regulation, the management of mobility, and too little investment in health systems, livestock production and social service delivery. However, this paper focuses on positive trends and vital innovations in pastoral societies. These rely on robust institutions and policy frameworks that contribute to economically secure, politically stable, and environmentally sustainable livelihoods for African pastoral societies. The authors analyse ways in which internal and external efforts can improve the economic viability and social aspects of pastoralism. The institutions that manage natural resources and their effects on livelihoods and access to social services must be critically reviewed. The authors suggest that a new model for the economic and social development of African pastoralism should be positioned between donor- or governmentdriven development (in other words, 'seeing like a state') and the autonomous development goals of pastoralists ('seeing like a pastoralist'). Pastoralists are resourceful, entrepreneurial and innovative people, fully able to support new institutional systems and services which recognise their way of life and production systems. It seems evident that African pastoralism will maintain its vitality and creativity through a process of 'bricolage', with institutional and policy innovations based on a constant renegotiation of norms, the reinvention or transformation of tradition, the importance of legitimate authority and the role of the people themselves in shaping such arrangements.

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

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Ardin

2015-08-01

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

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.

Legal and Institutional Issues of Transportable Nuclear Power Plants: A Preliminary Study

International Nuclear Information System (INIS)

2013-01-01

jointly the international and national actions required for ensuring the sustainability of nuclear energy through innovations in technology and/or institutional arrangements. A transportable nuclear power plant (TNPP) is a factory manufactured, transportable and relocatable nuclear power plant which, when fuelled, is capable of producing final energy products such as electricity and heat. Introducing a TNPP may require fewer financial and human resources from the host State. However, the deployment of such reactors will face new legal issues in the international context which need to be resolved to enable the deployment of such reactors in countries other than the country of origin. The objective of this report is to study the legal and institutional issues for the deployment of TNPPs, to reveal challenges that might be faced in their deployment, and to outline pathways for resolution of the identified issues and challenges in the short and long terms. It is addressed to senior legal, regulatory and technical officers in Member States planning to embark on a nuclear power programme or to expand an existing one by considering the introduction of a TNPP

Decree No. 2.363 of 21 October 1987 abolishing the National Institute of Colonization and Agrarian Reform--INCRA, creating the Legal Institute of Rural Land--INTER, and other measures.

Science.gov (United States)

1989-01-01

This Decree abolishes the Brazilian National Institute of Colonization and Agrarian Reform (INCRA) and creates a Legal Institute of Rural Land (INTER) linked to the Ministry of Agrarian Reform (MIRAD) to perform the activities of INCRA. MIRAD will henceforth be responsible for the rights, powers, and obligations of INCRA and will supervise INCRA's property and resources. In this capacity MIRAD will supervise, coordinate, and execute activities related to agrarian reform and agricultural policy. Among these activities are the promotion of social justice and productivity through 1) the just and adequate distribution of ownership of rural land, 2) limitation of the acquisition of rural property by foreigners, and 3) encouragement of the harmonious development of rural life. In developing such activities MIRAD is to make use of legal measures contained in land law, including those relating to the selection of public rural lands, the privatization of rural land through regularization of ownership, colonization, zoning, and taxation. It is also authorized to expropriate and distribute unexploited or improperly exploited land to worker families, with priority going to labor cooperatives. Further provisions establish rules on expropriation. Among these is the requirement that forests must be protected.

INHERENT VICE & INSUFFICIENT PACKING CLAUSES FOR ALL RISKS INSURANCE POLICIES UNDER BRITISH INSTITUTE CARGO CLAUSES : legal issues arising from claims of loss during sea transportation of large technical equipments

OpenAIRE

Cheng, Jia

2010-01-01

Analysis and presentation of this thesis is supported by studies of many relevant cases where the major arguments are set around the exclusion clauses concerning the ‘all risks cover’ policy as found in Institute Cargo Clauses. Two cases are especially emphasized, namely Mayban General Assurance BHD v. Alstom Power Plants Ltd. and Global Process Systems Inc v. Syarikat Takaful Malaysia Berhad , mainly because of the special nature of the subject matter insured in these cases. The legal i...

[Legal medicine specialists within the framework of acute care : Analysis of legal medicine consultations in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt].

Science.gov (United States)

Pliske, G; Heide, S; Lucas, B; Brandstädter, K; Walcher, F; Kropf, S; Lessig, R; Piatek, S

2018-05-01

In acute medical care, there are patients who have been injured by the influence of others. The aim of this study was to analyze all cases which were presented to the Institute for Legal Medicine of the University Halle (Saale). The cases where analyzed in relation to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt. The consultations of the Institute for Legal Medicine Halle-Wittenberg for 2012-2015 were evaluated with regard to the age and gender distribution, the reasons for the consultation and time until the request for consultations. These cases were statistically compared to the victims' statistics of the state office of criminal investigation in Saxony-Anhalt 2014-2015. A total of 536 cases (55.6% male and 44.4% female patients) were evaluated. In all, 62.1% of patients were under 18 years of age; 43.5% of all consultations were requested by pediatric (surgery) clinics. The most common reasons for consultation were sexual child abuse or violence against children (50.7%). Compared to the victims' statistics, significantly more children were examined by legal medicine specialists than could have been expected (p legal medicine specialists in relation to the victims' statistics. Most of them were children and women. The temporal latency between the act of violence and the consultations was one day and more. The latency and the renunciation of the consultation of the legal medicine specialists can lead to loss of evidence.

Alternative legal and institutional approaches to global change

International Nuclear Information System (INIS)

Thacher, P.S.

1991-01-01

The processes of global change currently under way cannot be dealt with in isolation. Factors linked to environmental quality such as demographic growth, economic interdependence and indebtedness, sociopolitical changes, and others must be managed collectively. In looking at the problems of global change, a central question before us is: How comprehensive should a legal regime be in a world of considerable uncertainty in which everything is interrelated with everything else, and what we do may, or may not be, have irreversible consequences for future generations. This article focuses on the problem of global warming to provide a model approach to the larger issues of global change. This reduces the scope of global change to a manageable but representative class of the problems at issue. The author suggests an approach to stabilize global climate by the end of the next century. However, even within this relatively narrow context of stabilizing the climate, a comprehensive approach is needed to address all heat-trapping gases - not just CO 2 - to ensure that all human activities generating these gases are managed properly, without causing other problems

Effective model development of internal auditors in the village financial institution

Science.gov (United States)

Arsana, I. M. M.; Sugiarta, I. N.

2018-01-01

Designing an effective audit system is complex and challenging, and a focus on examining how internal audit drive improvement in three core performance dimensions ethicality, efficiency, and effectiveness in organization is needed. The problem of research is how the desain model and peripheral of supporter of effective supervation Village Credit Institution? Research of objectives is yielding the desain model and peripheral of supporter of effective supervation Village Credit Institution. Method Research use data collecting technique interview, observation and enquette. Data analysis, data qualitative before analysed to be turned into quantitative data in the form of scale. Each variable made to become five classificat pursuant to scale of likert. Data analysed descriptively to find supervation level, Structural Equation Model (SEM) to find internal and eksternal factor. So that desain model supervation with descriptive analysis. Result of research desain model and peripheral of supporter of effective supervation Village Credit Institution. The conclusion desain model supported by three sub system: sub system institute yield body supervisor of Village Credit Institution, sub system standardization and working procedure yield standard operating procedure supervisor of Village Credit Institution, sub system education and training yield supervisor professional of Village Credit Institution.

Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

Science.gov (United States)

Caulkins, Jonathan P; Kilmer, Beau

2016-12-01

In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

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

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Melania Navas Graterol

2017-11-01

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

State and legal regulation of refugees’ and asylum seekers’ migration in EU as institutional basis of management of international migrations

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V.V. Ievdokymov

2017-12-01

Full Text Available According to the analysis of World Bank data on the dynamics of migration indicators in Europe and Fragile State Index data the authors determine the groups of EU countries in geo-economic risk, which forms the pushing factors in the refugee flow formation. The geographic structure of refugees’ migratory flows to the EU is analyzed and the migration corridor dynamics is determined, in particular, it is found out that the overwhelming majority of refugees arrive to the EU through the Central and Eastern Mediterranean channels. In addition, It is determined that strengthening military and political instability in Africa and the Middle East, the tight policies and institutional mechanisms for crossing the EU's borders cause the increased flows of illegal migrants entering the EU in dangerous ways, in particular through the Mediterranean Sea, where a significant number of such persons, especially women and children, die. In addition, EU countries are structured by their migration policies (views on immigration, using of quantitative restrictions on immigration including highly skilled workers. As a result of the legal document study, the authors establish the system of documents identifying the institutional frameworks for the refugees’ and asylum seekers’ migratory flow management.

Economic analysis of certain legal solutions in the Draft Mediation Act

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Mojašević Aleksandar

2014-01-01

Full Text Available The Mediation Act has been applied in the Republic of Serbia since 2005. In the past period, the application of this Act has pointed out to a number of drawbacks and deficiencies in the system of resolving disputes through mediation. The dominant features of the current mediation system are some inadequate legal solutions, poor organization and insufficient preparation of the courts to internalize mediation, failure to provide relevant information about mediation to litigants and other participants in the judicial process, insufficient judicial training and education of lawyers and parties on mediation and other ADR methods, etc. Considering that the primary purpose of mediation is to diminish the litigation caseload and reduce the costs of court proceedings, the basic goal of introducing mediation into the Serbian legal system has not been accomplished. In order to improve the mediation system, the Serbian authorities launched a public debate in 2010 on designing a new legislative act which would eliminate the shortcomings of previous act and improve the efficiency of mediation. After nearly four years, the extensive debate and confrontation of different mediation concepts led to adopting a new Draft Mediation Act in 2013. As compared to the applicable 2005 Mediation Act, the Draft Mediation Act contains some innovations, such as the enforceability of a mediation agreement under specific conditions and the opportunity of introducing mandatory mediation in some cases. In this paper, the author analyzes the above issues on the basis of findings of economic theory and the results of the empirical study on the efficiency of mediation in Serbia in civil matters. In this context, the author argues that the achievement of the above objectives (to reduce the caseload and legal costs] calls for establishing a sustainable mediation system. In addition to instituting good legal solutions (such as mandatory mediation], the system should be supported by

Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

OpenAIRE

Lidia Rodak

2017-01-01

The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la prá...

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

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Paul van den Hoven

2017-12-01

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

Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

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Dario Casalini

2010-08-01

Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

Translating Institutional Templates: A Historical Account of the Consequences of Importing Policing Models into Argentina

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Matías Dewey

2017-01-01

Full Text Available This article focuses on the translation of the French and English law enforcement models into Argentina and analyzes its consequences in terms of social order. Whereas in the former two models the judiciary and police institutions originated in large-scale processes of historical consolidation, in the latter these institutions were implanted without the antecedents present in their countries of origin. The empirical references are Argentine police institutions, particularly the police of the Buenos Aires Province, observed at two moments in which the institutional import was particularly intense: towards the end of the nineteenth and beginning of the twentieth centuries, and at the end of the twentieth century. By way of tracing these processes of police constitution and reform, we show how new models of law enforcement and policing interacted with indigenous political structures and cultural frames, as well as how this constellation produced a social order in which legality and illegality are closely interwoven. The article is an attempt to go beyond the common observations regarding how an imported model failed; instead, it dissects the effects the translation actually produced and how the translated models transform into resources that reshape the new social order. A crucial element, the article shows, is that these resources can be instrumentalized according to »idiosyncrasies«, interests, and quotas of power.

Methodological substantiation of the professional functions of Responsible persons of pharmaceutical and hospital institutions

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N. O. Vetiutneva

2018-03-01

Full Text Available The aim of the work is the content analysis and methodological justification of the professional functions of the Responsible persons for quality assurance of medicines in pharmaceutical and hospital institutions. Materials and methods. The following research methods were used: system and comparative analysis, generalization, systematization, graphic modeling, observation. Research materials: normative legal acts, normative documents, recommendations of international organizations, information of wholesale and retail pharmaceutical companies, pharmaceutical and hospital institutions, professional non-governmental organizations, placed on official web-sites and collected in the process of direct observation. Results. The personnel and qualification aspects of professional activity of Responsible persons of pharmaceutical and hospital institutions were discussed. On the basis of analysis of the modern legal and regulatory framework, a general list of professional functions of the Responsible persons of health care institutions had been formed. The content analysis and comparison of the number of the functions of Responsible persons performed in health care institutions of different types is carried out. The new functions of the Responsible persons of health care institutions are considered. The managerial nature of the professional functions of the Responsible persons and the expediency of their complementing with the leadership functions are substantiated. On the basis of international management standards, requirements of GPP and GPEP, systematization of the functions of the Responsible persons of health care institutions in the groups and subgroups was performed. Conclusions. The generalization and systematization of the professional functions of the Responsible persons of health care institutions had been carried out for five classification groups of functions, namely: leadership, planning, organizational, control and information, of which the

The Economic Effects of Providing Legal Status to DREAMers

OpenAIRE

Ortega, Francesc; Edwards, Ryan; Hsin, Amy

2018-01-01

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

Scientific information repository assisting reflectance spectrometry in legal medicine.

Science.gov (United States)

Belenki, Liudmila; Sterzik, Vera; Bohnert, Michael; Zimmermann, Klaus; Liehr, Andreas W

2012-06-01

Reflectance spectrometry is a fast and reliable method for the characterization of human skin if the spectra are analyzed with respect to a physical model describing the optical properties of human skin. For a field study performed at the Institute of Legal Medicine and the Freiburg Materials Research Center of the University of Freiburg, a scientific information repository has been developed, which is a variant of an electronic laboratory notebook and assists in the acquisition, management, and high-throughput analysis of reflectance spectra in heterogeneous research environments. At the core of the repository is a database management system hosting the master data. It is filled with primary data via a graphical user interface (GUI) programmed in Java, which also enables the user to browse the database and access the results of data analysis. The latter is carried out via Matlab, Python, and C programs, which retrieve the primary data from the scientific information repository, perform the analysis, and store the results in the database for further usage.

Legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake

Science.gov (United States)

Suprihadi, Bambang

2017-07-01

The Asian Disaster Reduction Center informed that on 27 May 2006 at 5:54 AM Local time or 26 May 2006 at 10:54:00 PM UTC, an M6.3 earthquake has struck the very highly populated region of Yogyakarta. The death estimated between 5,775 and 6,234 and the number of injured was between 46,000 and 53,000. Invitation letters were sent to Indonesia Agency for Meteorology Climatology and Geophysics (BMKG) and to 18 government institutions for attending the session at the Yogyakarta Court on 4 December 2006. Such case was a lawsuit proposed by 46 citizens and registered as number 73/PDT.G/ 2006/PN-Yk and the researcher attended court-session on behalf of the BMKG. Research is conducted to provide legal analysis of citizen lawsuit toward management of the 2006 Yogyakarta earthquake. Data was collected by examining the process of court sessions and mediation between Parties involved which then analysed using the relevant articles of Indonesian Civil Procedural Law. Legal analysis proposed by the researcher indicates that State Court (Pengadilan Negeri) held an `absolute competence' because such case shall not be settled by State Administrative Court (Pengadilan Tata Usaha Negara), however Yogyakarta District Court didn't hold a `relative competence' because such case shall be settled by the Central Jakarta District Court. Such case was not continued due to successful mediation between the two Parties. The 2006 Yogyakarta earthquake alerts BMKG as the earthquake information provider to work properly in accordance with the standard operating procedure to avoid citizen lawsuit that might be proposed in the near future.

LEGAL AID IN INDIA: RETUNING PHILOSOPHICAL CHORDS

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S. Chandra

2015-01-01

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

Legal aspects of intergenerational equity issues

International Nuclear Information System (INIS)

Green, H.P.

1984-01-01

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

LEGAL ISSUES IN SHARI’A PAWN GOLD PRACTICE IN INDONESIA

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Lastuti Abubakar

2017-12-01

Full Text Available In the past few years there is a trend of applying Islamic concept in Indonesia’s economic system and it has implications to existing legal system whereby new legal system should accommodate the changes. One of the institutions that uses both conventional and shari’a system in Indonesia is  pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who really need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawnshops and financial institutions to offer pawn gold that is not for financing activity but for investment activity. Therefore, it raised  a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as financing mechanism. This study uses normative juridical approach by using secondary data from the legal resources, with specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small medium enterprises (SMEs is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households in terms of financing that cannot be fulfilled by the banks and other financial institutions.   Keywords: Pawn Gold, Legal Pawning, Shari’a

Legal regulation of home births

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Baturan Luka O.

2015-01-01

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

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

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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.

Legal genres in English and Spanish: some attempts of analysis

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Mª Ángeles Orts Llopis

2009-10-01

Full Text Available Understanding the differences and subtleties between the legal communication of the English-speaking world, and the Continental law countries –and, more specifically, Spain- has become a necessary practice in the global context. For the most part, it involves unravelling the differences and concomitances between the array of legal genres produced by the professionals of the specialist communities within these two traditions (i.e., Common Law and Continental Law. This paper attempts an analysis in layers –generic or pragmatic, textual or cognitive, and formal or superficial– of two types of genre within the domain of public and private law, namely delegated legislation and tenancy agreements or leases, the study of which has been seldom attempted, despite the customary presence of these instruments in the legal routine. The result of such analysis will, hopefully, cast some light on the way these communities interact within themselves and with the rest of the world, providing new clues to tackle the application of those genres and making it possible to draw new conclusions about the way in which linguistic interaction takes place in the context of these specialist communities in English and Spanish.

Kritika legal orgins thesis a pojem právní kultury

Czech Academy of Sciences Publication Activity Database

Šejvl, Michal

2013-01-01

Roč. 152, č. 5 (2013), s. 425-446 ISSN 0231-6625 R&D Projects: GA ČR GAP408/12/2579 Institutional support: RVO:68378122 Keywords : legal origins * law and economics * legal culture Subject RIV: AG - Legal Sciences

Institutional and socioeconomic aspects of water supply

Science.gov (United States)

Rauchenschwandtner, H.; Pachel, M.

2012-04-01

Institutional and socioeconomic aspects of water supply Within the project CC-WaterS the participating researchers of the Vienna University of Economics and B.A. have been responsible for the analysis of the socioeconomic aspects related to water supply and climate change, the assessment of future water demands in the City of Vienna, as well as an estimation of economic consequences of possible water shortages and possible scope for the introduction of new legal guidelines. The institutional and socioeconomic dimensions of drinking water and sanitation systems are being examined by utilisation of different prognostic scenarios in order to assess future costs of water provisioning and future demands of main water users, thus providing an information basis and recommendations for policy and decision makers in the water sector. These dimensions, for example, include EU legislation - especially the Water Framework Directive -, national legislations and strategies targeted at achieving sustainability in water usage, best practices and different forms of regulating water markets, and an analysis of the implications of demographic change. As a basis this task encompasses research of given institutional, social, and legal-political structures in the area of water supply. In this course we provide an analysis of the structural characteristics of water markets, the role of water prices, the increasing perception of water as an economic good as well as implications thereof, the public awareness in regard to climate change and water resources, as well as related legal aspects and involved actors from regional to international level; and show how water resources and the different systems of water provisioning are affected by (ideological) conflicts on various levels. Furthermore, and in order to provide a solid basis for management recommendations related to climate change and water supply, an analytical risk-assessment framework based on the concepts of new institutional

Coase, externalities, property rights and the legal system

NARCIS (Netherlands)

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

2010-01-01

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

Systemic-institutional approach to solving the problems of prejudgement in the criminal court procedure

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Bulat Raisovich Burganov

2015-09-01

Full Text Available Objective to consider the historical and legal aspects of the use of prejudgement in the criminal procedure and to allocate its characteristic features as of a systemic object to disclose the key system elements of the mechanism of legal regulation of prejudgement in the criminal procedure. Methods the basis of the research was historicallegal method and systemicinstitutional approach to the analysis of regulatory processes as well as special and private law research methods elements of structuralfunctional approach with formal logical analysis. Results the evolution is shown of formation and development of the prejudgement institution the necessity is grounded of systemicholistic analysis of prejudgement legal regulation in the criminal procedure. According to the author it is a systematic approach that will allow to create the effectively functioning prejudgement institution. The article investigates the content side of the prejudgement institution in the criminalprocedural law. Scientific novelty for the first time the article discusses the prejudgement institution as a system of interrelated elements. In this context the substantial side of this system is characterized. Practical significance the research results and conclusions can be used in research legislative and applied activity for the effective application of the principles of prejudgement opportunities in the criminal procedure. nbsp

Institutions and deforestation in the Brazilian amazon: a geographic regression discontinuity analysis

OpenAIRE

Bogetvedt, Ingvild Engen; Hauge, Mari Johnsrud

2017-01-01

This study explores the impact of institutional quality at the municipal level on deforestation in the Legal Amazon. We add to this insufficiently understood topic by implementing a geographic regression discontinuity design. By taking advantage of high-resolution spatial data on deforestation combined with an objective measure of corruption used as a proxy for institutional quality, we analyse 138 Brazilian municipalities in the period of 2002-2004. Our empirical findings show...

Methodology in Legal Research

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Tom R. Tyler

2017-12-01

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

Institutional Determinants of Private Equity Market in Czech Republic

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Martina Skalická Dušátková

2017-12-01

Full Text Available A well-functioning private equity and venture capital market is affected by a range of institutional aspects. This study intends to answer the question on what is the current tax and legal environment for private equity and venture capital investments in Czech Republic as previous studies have emphasized that a rather poor scope of resources available. Qualitative data with content analysis proved to be the best way to assess the institutional framework. Data collection methods cover a comparative analysis of scientific literature documents and reports, as well as primary data from interviews with experts in the industry. The results of both secondary and primary data analysis were categorized and serious gaps in the institutional framework were identified and discussed. Our results indicate that the issue of legal and organisational structure suitable for private equity and venture capital funds may be resolved through a national equivalent to a Limited Partnership which has already been adopted into Czech law. However, a tax handicap was identified implying that it is necessary to amend the tax legislation so that the legal regulation extends the tax exemption. Another amendment should then be directed towards eliminating or mitigating the barriers imposed on pension. We believe that our findings provide valuable implications for the government, banks, stock exchanges and venture capital industry while formulating new strategies how to increase the level of investments in this specific environment of Czech Republic.

Selected legal and institutional issues related to Ocean Thermal Energy Conversion (OTEC) development

Energy Technology Data Exchange (ETDEWEB)

Nanda, V. P.

1979-06-01

Ocean Thermal Energy Conversion (OTEC), an attractive alternative to traditional energy sources, is still in the early stages of development. To facilitate OTEC commercialization, it is essential that a legal and institutional framework be designed now so as to resolve uncertainties related to OTEC development, primarily involving jurisdictional, regulatory, and environmental issues. The jurisdictional issues raised by OTEC use are dependent upon the site of an OTEC facility and its configuration; i.e., whether the plant is a semipermanent fixture located offshore or a migrating plant ship that provides a source of energy for industry at sea. These issues primarily involve the division of authority between the Federal Government and the individual coastal states. The regulatory issues raised are largely speculative: they involve the adaptation of existing mechanisms to OTEC operation. Finally, the environmental issues raised center around compliance with the National Environmental Policy Act (NEPA) as well as international agreements. 288 references.

Anti-corruption policy in the system of legal measures

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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

Economic Modelling in Institutional Economic Theory

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Wadim Strielkowski

2017-06-01

Full Text Available Our paper is centered around the formation of theory of institutional modelling that includes principles and ideas reflecting the laws of societal development within the framework of institutional economic theory. We scrutinize and discuss the scientific principles of this institutional modelling that are increasingly postulated by the classics of institutional theory and find their way into the basics of the institutional economics. We propose scientific ideas concerning the new innovative approaches to institutional modelling. These ideas have been devised and developed on the basis of the results of our own original design, as well as on the formalisation and measurements of economic institutions, their functioning and evolution. Moreover, we consider the applied aspects of the institutional theory of modelling and employ them in our research for formalizing our results and maximising the practical outcome of our paper. Our results and findings might be useful for the researchers and stakeholders searching for the systematic and comprehensive description of institutional level modelling, the principles involved in this process and the main provisions of the institutional theory of economic modelling.

REGULATION OF A RIGHT TO A SALARY IN THE INTERNATIONAL LEGAL INSTRUMENTS OF ILO AND UN AND THEIR IMPLEMENTATION IN THE INTERNATIONAL LABOUR LEGISLATION IN THE REPUBLIC OF MACEDONIA

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Darko Majhošev

2017-07-01

Full Text Available This paper deals with the salary as the most important legal institute, element and principle of the labour relations. Before we approach the analysis of the legal regime of the salary, we will define the term labour relations. This paper puts special emphasis on the terminology of the notion salary, as well as the legal nature of the legal regime of the salary. Additionally, in this paper the most important international legal instruments of ILO, UN and The European Council are analyzed for salary regulation and ban on compensation discrimination. In this context, the most important legal acts in the Republic of Macedonia are analyzed which regulate the legal institute salary, i.e. the minimum wage (The Constitution, Labour Law, and Law on Minimum Wage.

THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

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Deka Rachman Budihanto

2017-09-01

Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

Optimization Models and Methods Developed at the Energy Systems Institute

OpenAIRE

N.I. Voropai; V.I. Zorkaltsev

2013-01-01

The paper presents shortly some optimization models of energy system operation and expansion that have been created at the Energy Systems Institute of the Siberian Branch of the Russian Academy of Sciences. Consideration is given to the optimization models of energy development in Russia, a software package intended for analysis of power system reliability, and model of flow distribution in hydraulic systems. A general idea of the optimization methods developed at the Energy Systems Institute...

Calibrating Legal Judgments

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Frederick Schauer

2017-09-01

time the work substantiates that law is reluctant to take account of the past decisions of the individuals and institutions they are reviewing. By looking only at the particular decision under review and not calibrating the posture of review on the basis of a history of decisions reviewing courts and other reviewing institutions embody the particularism that is a large part of the American legal tradition. Practical significance the main provisions and conclusions of the article can be used in scientific and educational activity when viewing the issues of legal judgments calibration.

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

DEFF Research Database (Denmark)

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

2017-01-01

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

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

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Konrad Graf

2011-08-01

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

Analysis of Inserted Clauses in the Legal Discourse from the Pragmatic Perspective

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Ruzanna Karapetyan

2017-05-01

Full Text Available The aim of the given study is to examine the use of inserted clauses in the legal discourse and their unique role in this speech genre.  The investigation of the topic is conducted in line with the principles of Functional Discourse Grammar. In the course of analysis we apply the theory of speech acts, namely performatives, the fundamental tenets of which permit to view the specific combination of shall+inserted clause as a particular feature of legal discourse.  These overcomplicated grammatical structures are shown to fulfill the immediate function of performatives, that of enacting legal acts and doing things in the pragmatic sense of word, to the full extent.

The Socio-Legal Analysis Of Sexual Harassment And Kindred ...

African Journals Online (AJOL)

The Socio-Legal Analysis Of Sexual Harassment And Kindred Offences. Adeniyi Olatunbosun. Full Text: EMAIL FULL TEXT EMAIL FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · http://dx.doi.org/10.4314/ifep.v12i1.23512 · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for ...

ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

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RADA POSTOLACHE

2012-05-01

Full Text Available The interest – which is an institution typical to private law, has been taken over by the fiscal field and adapted to the specific features of fiscal obligation – being defined by its imperative legal regime, which has at the least the following characteristic elements: unitary character, imposed legal percentage, compulsory demand of interest, automatic application. In order to render responsible fiscal debtors, the lawmaker has reintroduced, as an accessory of fiscal obligation, delayed payment penalties, which have a distinct nature and legal regime, but without the principle non bis in idem being transgressed. Our study aims to establish the legal regime ofaccessories typical to fiscal obligation, from the perspective of special normative acts, but also of the common law within the field – Civil Code and Government Ordinance No. 13/2011 – by pointing out at the same time both the particular circumstances and procedural ones regulated by the Fiscal Procedure Code, shedding light upon the controversial legal nature of accessories.

Institutional analysis for energy policy

Energy Technology Data Exchange (ETDEWEB)

Morris, F.A.; Cole, R.J.

1980-07-01

This report summarizes principles, techniques, and other information for doing institutional analyses in the area of energy policy. The report was prepared to support DOE's Regional Issues Identification and Assessment (RIIA) program. RIIA identifies environmental, health, safety, socioeconomic, and institutional issues that could accompany hypothetical future scenarios for energy consumption and production on a regional basis. Chapter 1 provides some theoretical grounding in institutional analysis. Chapter 2 provides information on constructing institutional maps of the processes for bringing on line energy technologies and facilities contemplated in RIIA scenarios. Chapter 3 assesses the institutional constraints, opportunities, and impacts that affect whether these technologies and facilities would in fact be developed. Chapters 4 and 5 show how institutional analysis can support use of exercises such as RIIA in planning institutional change and making energy policy choices.

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

Cluster strategies in the regional economy development: legal aspects

Directory of Open Access Journals (Sweden)

Irina V. Mikheeva

2016-09-01

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

Good Institutions and Fair Trade : A Road Map to Local and Global Social Harmony

NARCIS (Netherlands)

D. Mamoon (Dawood)

2007-01-01

textabstractThe paper examines how legal, economic, political and social institutions fare with different measures of inequality in a cross section framework. We differentiate between institutions based on four categories which are legal, economic, political and social. Among legal institutions,

Legal financial institutions in the Water Law Act

Directory of Open Access Journals (Sweden)

Andrzej Borodo

2015-12-01

Full Text Available Some fees and payments are connected with obligatory participation in the cost of public projects and public investment. In the framework of the Water Law Act there are diverse public payments and fees. In this law there is the drainage fee and the investment fee. There are also contributions and other payments to the water companies. In the regulations of the Water Law Act there are also legal financial solutions for sharing the public costs, the use of budget subsidies, fixing and allocation of public expenditure.

Neuromarketing from a Legal Perspective

Czech Academy of Sciences Publication Activity Database

Krausová, Alžběta

2017-01-01

Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

Report of the FAO/Government of Australia Expert Consultation on Good Management Practices and Good Legal and Institutional Arrangements for Sustainable Shrimp Culture: Brisbane, Australia, 4-7 December 2000

National Research Council Canada - National Science Library

2002-01-01

... practices as well as of related institutional and legal instruments and to identify/determine avenues, as well as specific benefits and limitations, for the development and implementation of good management...

The Digital Single Market and Legal Certainty : A Critical Analysis

NARCIS (Netherlands)

Castermans, A.G.; Graaff, de R.; Haentjens, M.; Colombi, Ciacchi A.

2016-01-01

This chapter critically examines the CESL from the viewpoint of its capability to provide legal certainty for commercial actors. This chapter’s analysis focuses on three important stages in the life cycle of a contract, seen from a business perspective: the scope rules that determine whether the

Legal Aspects of Brain-Computer Interfaces

Czech Academy of Sciences Publication Activity Database

Krausová, Alžběta

2014-01-01

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

Nuclear power plants and environment-Legal and institutional aspects

International Nuclear Information System (INIS)

Faria, N.M. de

1986-01-01

Some legal aspects about nuclear power plants siting in face of environment legislation and policy in the Brazilian law are discussed. The public participation in the process of site selection in face of actual constitutional precepts and the decision given by Supreme Court which determined to private competence of the Union, given by Constitutional rules and by the law number 6803 in 1980. (M.C.K.) [pt

Collective legal protection: The European approach

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2014-01-01

Full Text Available One of the basic goals of the EU justice policy is to ensure an efficient and effective legal protection, particularly in cross-border disputes and cases concerning the violation of rights guaranteed under the EU legislation. In order to accomplish this goal, the EU embarked on a horizontal harmonization of civil procedure in some sectors and reinforced the institutional cooperation of Member States in the field of civil justice. Concurrently, there were some legal interventions in the field of civil procedure, which contributed to establishing a number of European procedural mechanisms, such as: the European Small Claims Procedure (2007, the European Payment Order Procedure (2006, etc. Many studies and analyses show that procedural mechanisms of collective legal protection are essential for ensuring an efficient and effective legal protection of rights guaranteed by the EU law. The idea of introducing the collective legal protection instruments into the EU law has been present for more than two decades. It has been endorsed by the European Economic and Social Committee, which has played the key role in its promotion. In June 2013, after extensive consultations, the European Commission adopted the Recommendation on common principles for injunctive and compensatory collective redress mechanisms in the Members States concerning violations of rights guaranteed under the EU law. This document has provided a coherent horizontal framework for the collective legal protection at the EU level by establishing the common European principles for collective redress mechanisms which the Member States should incorporate into their national systems. Analysis of the common principles governing the collective legal protection shows that the European approach to shaping the collective redress claims is significantly different from the American class action model, which is considered to be incompatible with the European legal tradition and deemed to provide a wide

Institutional Design of Enforcement in the EU: The Case of Financial Markets

Directory of Open Access Journals (Sweden)

Miroslava Scholten

2014-12-01

Full Text Available Enforcement of EU law has become increasingly ‘Europeanized’. But how is and can it be organized in the integrated legal order of the EU to promote effective enforcement? In light of the recent institutional and substantive changes in the area of EU financial markets regulation, this article identifies four models (S, M, L, and XL models of enforcement of EU law. It discusses the possibilities and challenges to effective enforcement of each of such models and the major trade-offs which policy-makers face at the EU and national levels when designing enforcement frameworks, namely centralization vs. decentralization (an institutional perspective and harmonization vs. differentiation (substantive and procedural perspectives. It argues that at least a minimum degree of institutional centralization is necessary to promote the uniform enforcement and implementation of EU policies in a Union with 28 legal systems. The more specific details, such as specific institutional shape of centralized bodies (should it be a network, an agency or an EU institution? and of the distribution of functions between the national and EU level are better addressed on a case-by-case basis in light of the political, economic, and social characteristics of the sector at stake.

Rhetoric by Avistotel: a Legal View

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Karina Kh. Rekosh

2015-01-01

Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

Entangled interests: modelling the legal rights of children and parents

OpenAIRE

Montgomery, Jonathan

2010-01-01

This paper considers different legal models of children’s and parents’ rights, of professional responsibilities, and of ‘best interests’ or ‘welfare’ decision-making. It uses examples drawn from the Children Act 1989, the Mental Health Act 1983 and the Mental Capacity Act 2005.

Legal and institutional problems facing geothermal development in Hawaii

Energy Technology Data Exchange (ETDEWEB)

1978-10-01

The problems discussed confronting future geothermal development in Hawaii include: a seemingly insoluble mismatch of resource and market; the burgeoning land claims of the Native Hawaiian community; a potential legal challenge to the State's claim to hegemony over all of Hawaii's geothermal resources, regardless of surface ownership; resistance to any sudden, large scale influx of Mainland industry, and questionable economics for the largest potential industrial users. (MHR)

Support for Marijuana (Cannabis Legalization: Untangling Age, Period, and Cohort Effects

Directory of Open Access Journals (Sweden)

William Campbell

2017-02-01

Full Text Available In three large, nationally representative surveys of U.S. 12th graders, college students, and adults ('N' = 9 million conducted 1968–2015, Americans became significantly more supportive of legal marijuana (cannabis starting in the mid-1980’s. Hierarchical models using age-period-cohort analysis on the adult (General Social Survey sample showed that the increased support for legalization is primarily a time period effect rather than generational or age effect; thus, Americans of all ages became more supportive of legal marijuana. Among 12th graders, support for marijuana legalization was closely linked to perceptions of marijuana safety.

Weberian versus Pluralistic Legal Forces in the Global Political Economy

Directory of Open Access Journals (Sweden)

Volkmar Gessner

2013-10-01

Full Text Available This picture supports a view that modernization processes lead naturally to legal structures similar to what can be observed in Western societies and that also global structures will emerge on the same model. Together with modernization theory another prominent theory often alluded to as justification for legalization is Institutional Economics where rules and institutions are considered mechanisms for effective transaction costs avoidance. My earlier publications compare these and other approaches for explaining the role of law in the economy. A third theory is Max Weber’s legal rationalization, an evolutionary process running from traditional irrational forms to formal, bureaucratic forms of legal domination. Weber’s view that legal rationalization is our “fate” and informal rules and institutions are necessarily outdated will be reconsidered from a historical perspective and confronted with empirical data gathered in the area of the governance of global business transactions. This article will attempt to show that although Weber’s influential approach still helps to explain much of what occurs in domestic models of capitalism it doesn’t seem to grasp the growing complexities of globalized capitalism. Este análisis apoya la opinión de que los procesos de modernización conducen naturalmente a las estructuras jurídicas similares a lo que se observa en las sociedades occidentales y que también las estructuras globales surgirán en el mismo modelo. Junto con la teoría de la modernización, otra teoría prominente a menudo aludida como justificación para la legalización es la Economía Institucional, donde las reglas y las instituciones se consideran mecanismos para evitar los costos de transacción de efectivo. Las publicaciones anteriores del autor comparan estos y otros enfoques para explicar el papel de la ley en la economía. Una tercera teoría es la racionalización jurídica de Max Weber, un proceso evolutivo que va

ASPECTS REGARDING LEGAL PROTECTION OF SOIL RESOURCES

OpenAIRE

Cristian Popescu

2012-01-01

Along with specialty items used for the development and implementation of sustainable development, protection and conservation of the environment, legal protection component of soil resources play an essential role. Legal and institutional framework provides a much protection of soil resources. Soil is the thin layer of organic and inorganic materials that covers the Earth's rocky surface. A soil pollutant is any factor which deteriorates the quality, texture and mineral content of the soil ...

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.

[Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

Science.gov (United States)

Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

2016-04-01

Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

Regulating Cannabis Social Clubs: A comparative analysis of legal and self-regulatory practices in Spain, Belgium and Uruguay.

Science.gov (United States)

Decorte, Tom; Pardal, Mafalda; Queirolo, Rosario; Boidi, Maria Fernanda; Sánchez Avilés, Constanza; Parés Franquero, Òscar

2017-05-01

Cannabis Social Clubs (CSCs) are a model of non-profit production and distribution of cannabis among a closed circuit of adult cannabis users. CSCs are now operating in several countries around the world, albeit under very different legal regimes and in different socio-political contexts. In this paper we describe and compare the legal framework and the self-regulatory practices of Cannabis Social Clubs in three countries (Spain, Belgium, and Uruguay). The objective of our comparative analysis is to investigate how CSCs operate in each of these countries. To foster discussions about how one might regulate CSCs to promote public health objectives, we conclude this paper with a discussion on the balance between adequate governmental control and self-regulatory competences of CSCs. The data used for this analysis stem from independently conducted local studies by the authors in their countries. Although the particular designs of the studies differ, the data in all three countries was collected through similar data collection methods: analysis of (legal and other documents), field visits to the clubs, interviews with staff members, media content analysis. We identified a number of similarities and differences among the CSCs' practices in the three countries. Formal registration as non-profit association seems to be a common standard among CSCs. We found nevertheless great variation in terms of the size of these organisations. Generally, only adult nationals and/or residents are able to join the CSCs, upon the payment of a membership fee. While production seems to be guided by consumption estimates of the members (Spain and Belgium) or by the legal framework (Uruguay), the thresholds applied by the clubs vary significantly across countries. Quality control practices remain an issue in the three settings studied here. The CSCs have developed different arrangements with regards to the distribution of cannabis to their members. By uncovering the current practices of CSCs

A Study on the Information Analysis and Legal Affairs

International Nuclear Information System (INIS)

Chung, W. S.; Yang, M. H.; Yun, S. W.; Lee, D. S.; Kim, H. R.; Noh, B. C.

2009-02-01

It is followed that results and contents of a Study on the Nuclear Information Analyses and Legal Affairs. Our team makes an effort to secure KAERI's best legal interest in the process of enacting nuclear laws and codes, international collaborative study, and management. Moreover, as a international trend analysis, we studied Japan government's position to nuclear energy under the aspect of reducing climate change and supplying sustainable energy. Improvement of Japan's radiation use showed increasing contribution of radiation technology to the people. Results of studies of nuclear policy of Kazakhstan, forecasting global trend in 2030 of Nuclear area, and new U.S. government's policy to nuclear energy are also explained. Lastly, we performed evaluation of source of electric generator which reduce emitting carbon dioxide in the aspect of greenhouse gas emission statistic and tested green gas reducing ability of Korea's green source of electric generator that reducing greenhouse gas effect

Diverse Legal Significance of a Document in Byzantine Private Law

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Tamara M. Matović

2017-11-01

Full Text Available Byzantine, Graeco-Roman, law is the organic continuation of Roman law. However, the legal system itself, and many legal institutions in it, had gone through certain evolution. In this article, by researching Greek acts conserved in various monastic arhives, and confronting them with stipulations in the Byzantine law codes, we question the issues of consensuality of a contract, form of a legal deed, and acquisation of a real right in Byzantine private law. The nature of contracts in Byzantine law has not been sufficiently studied. Richful theoretical studies had been written in regards to the contract of purchase in Roman and Justinians law, however various and sometimes confronting information from the later Greek codes did not give definite answers to this question. Byzantine codices on this theme encompass already familiar stipulations and legal institutes. The attention of the lawgiver was on the notary system, on the mechanism which produced a written instrument. We believe that the issue of the παράδοσις δι̉ ἐγγράφου was not sufficiently highlighted in the field of Byzantine studies mostly due to the lack of information in the sources. However, when regarding the Athonite documents, it can be seen that the formulae describing the act of law transfer could be concidered as a relevant material to comment on this legal institute.

The protection of educational institutions from cyber crime and cyberbullying: Problems and dilemmas

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Putnik Nenad

2013-01-01

Full Text Available The article analyses the problems that appear in the process of protecting the educational institutions from the security risks in cyber space - cyber crime and cyberbullying. Due to main characteristics and nature of security risks in cyber space, children, adolescents and students are particularly vulnerable category of Internet users. Having this on mind, we can conclude that educational institutions are an important factor in the process of prevention and control of security risks that young people face in cyber space. The authors analyze the legal framework and the actual situation in this domain and propose concrete measures for the reduction of security risks in cyber space, and consider the capacities and importance of building and implementing the unique, functional and pragmatic multi-layer protection model. The first part of the article is dedicated to the analyses of the legal framework for countering cyber crime, with the consideration of the normative legal acts that regulate the protection of children and students from the violence, malestation and neglection in the school environment. The authors also focus on the legal definition of cyberbullying. In the second part of the article, the authors propose the principles and elements for building a model of multi-layer protection and analyze the possibility of its application in educational institutions in the Republic of Serbia, as an efficient tool for the prevention and reduction of security risks in the cyber space.

The Optimization of Human Resource’s Performance in Islamic Microfinance Institutions Through Job Analysis and Competency Model

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verni yuliaty ismail

2015-07-01

Full Text Available Abstract. This study aims to develop a standard job analysis and human resource competency model for Islamic Micro Finance Institutions (Baitul Maal wat Tamwil, so it could be a reference for others, providing a standard professional human resources management on MFIs. This research is a field study designed as a survey, through the method of interviewing job holders and the supervisor with direct observation of the activities of field staffs. The data was analysed in the form of a verbal description of qualitative data. The main activity of the staff of MFIs is to encourage the low economic community through the activities of saving and financing. MFIs main characteristic is the principle of being directly in the field thus forming networks through regular meetings and maintaining a reliable service. MFIs personnel competency model consists of a cluster model based on teamwork/collaboration, customer focus, and communication competencies; technical cluster includes technical expertise and managing work competencies; and personal cluster is integrity, achievement orientation, and self-control competencies.Keywords: Baitul Mal Wattamwi, competency model, job description, job specification, micro finance institution

The Optimization of Human Resource’s Performance in Islamic Microfinance Institutions Through Job Analysis and Competency Model

Directory of Open Access Journals (Sweden)

Verni Yuliaty Ismail

2015-06-01

Full Text Available Abstract. This study aims to develop a standard job analysis and human resource competency model for Islamic Micro Finance Institutions (Baitul Maal wat Tamwil, so it could be a reference for others, providing a standard professional human resources management on MFIs. This research is a field study designed as a survey, through the method of interviewing job holders and the supervisor with direct observation of the activities of field staffs. The data was analysed in the form of a verbal description of qualitative data. The main activity of the staff of MFIs is to encourage the low economic community through the activities of saving and financing. MFIs main characteristic is the principle of being directly in the field thus forming networks through regular meetings and maintaining a reliable service. MFIs personnel competency model consists of a cluster model based on teamwork/collaboration, customer focus, and communication competencies; technical cluster includes technical expertise and managing work competencies; and personal cluster is integrity, achievement orientation, and self-control competencies. Keywords: Baitul Mal Wattamwi, competency model, job description, job specification, micro finance institution

Legal analysis at the Law for Civil liabilities by nuclear damage

International Nuclear Information System (INIS)

Gonzalez G, A.

2000-01-01

The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

Gender mainstreaming in legal education in Serbia: A pilot analysis of curricula and textbooks

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Vujadinović Dragica

2017-01-01

Full Text Available The general aim of this paper is to initiate a long-lasting systemic process of reviewing higher education in Serbia from a gender-sensitive point of view, and to offer initial input for building action plans and policies oriented towards this goal. The main focus is on analyzing legal studies from a gender-sensitive point of view and on initiating gender mainstreaming within law schools. However, this paper can aspire only to modest achievements, dealing solely with preliminary research of legal studies, with a limited but a representative sample. Namely, only two accredited study programs at two public university faculties of law in Serbia - at the Faculty of Law in Belgrade and the Faculty of Law in Niš - were taken into consideration. This pilot analysis is based on an established methodology for gender-sensitive analysis of curricula as well as of syllabi and textbooks for certain legal courses. The mentioned methodology introduces specific gender-sensitive indicators as well as three categories for assessing learning outcomes of study programs, syllabi and textbooks: gender-negative, gender-neutral, and gender-sensitive. The focus of the investigation was on of the following courses: Sociology of Law, Constitutional Law, Family Law, Labor Law, and Criminal Law. The meaning and importance of gender mainstreaming in law schools is explained in the Introduction. The normative and strategic framework for gender mainstreaming in higher education in Serbia is presented in the second chapter. The main focus of analysis - the reconsideration of curricula and textbooks from a gender perspective - is elaborated through the following three chapters: the third chapter explores the main indicators of the gender-sensitive analysis of legal education; the fourth is devoted to the analytical framework and methodology of investigation; chapter five presents the research results and their interpretation. The concluding notes clarify discrepancies between

The use of ‘macro’ legal analysis in the understanding and development of global environmental governance

OpenAIRE

Turner, Stephen J.

2017-01-01

This article examines the manner in which ‘macro’ legal analysis can potentially assist in overcoming some of the issues that are faced in the understanding and development of global environmental governance (GEG). It argues that the analysis of law through separate and distinct disciplines such as environmental law, trade law, corporate law, and human rights law, results in what this article refers to as ‘micro’ legal analysis. As such, it contends that this can have the effect of creating o...

[Social and health impact of Institutes of Legal Medicine in Spain: beyond justice].

Science.gov (United States)

Barbería, Eneko; Xifró, Alexandre; Suelves, Josep María; Arimany-Manso, Josep

2014-03-01

The main mission of Spanish Institutes of Legal Medicine (ILMs) is to serve the justice system. We review the potential broader role of the work done by ILMs, with an emphasis on forensic pathology. The relevance of forensic information to increase the quality of mortality statistics is highlighted, taking into account the persistence of the low validity of the external causes of death in the Mortality Register that was already detected more than a decade ago. The new statistical form and reporting system for the deaths under ILMs jurisdiction, as introduced by the Spanish Instituto Nacional de Estadística in 2009, are also described. The IMLs role in the investigation of the following mortality causes and of their determinants is reviewed in detail: traffic accidents, suicide, drugs of abuse, child deaths and sudden deaths. We conclude that an important public role of IMLs is emerging beyond their valuable service to the justice system, mainly through the gathering of data critical to assess and prevent several medical and public health and safety issues of great social impact and through their participation in epidemiologic research and surveillance. Copyright © 2014 Elsevier España, S.L. All rights reserved.

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

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

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

Implications of the ethical-legal framework for adolescent HIV ...

African Journals Online (AJOL)

Nicky

Fourthly, the institutional framework for establishing research priorities and regulation of ethical review is being strengthened with the establishment of new institutions such as the National. Health Research Ethics Committee. The South African ethical-legal framework and its implications for adolescent HIV vaccine trials ...

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

Directory of Open Access Journals (Sweden)

Erma Defiana Putriyanti

2017-07-01

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

Development of orgware of borrower - legal entity’s solvency analysis

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Vygovska N.G.

2017-03-01

Full Text Available The article is devoted to the development of orgware of borrower - legal entity’s solvency analysis. The authors investigate the orgware of solvency estimation mechanism in two aspects: 1 as the aggregate of the organizational stages of solvency estimation; 2 as an organizational structure and co-operation between different structural subdivisions of bank. The paper itemizes and specifies the stages of orgware of borrower - legal entity’s solvency analysis according to such signs as the purpose of the stage; responsible for the stage; the issues studied on the stage; documenting, duration and features of the organizational stage. The documentary providing of the process organization of solvency analysis is improved, namely, the appendix to executive Summary «Estimation of off-balance sheet obligations (off-balance sheet risks of borrower on the project credited» is offered. The authors’ attention is paid to the existence (in international practice of two methods of organization process of enterprises-borrowers’ rating: 1 oriented to the external rating and 2 oriented to the internal rating, their advantages and disadvantages are identified. The article offers the algorithm of informative co-operation of basic subjects of borrower’s solvency analysis after the selected organizational stages at forming of the internal credit rating, which will be instrumental in the improvement of process of enterprises’ crediting, standardization of procedure, and decline of crediting risks.

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

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

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

Legal and institutional tools to mitigate plastic pollution affecting marine species: Argentina as a case study

International Nuclear Information System (INIS)

González Carman, Victoria; Machain, Natalia; Campagna, Claudio

2015-01-01

Highlights: • Plastic pollution in Argentina harms vulnerable marine species of turtles and mammals. • One tool to advance their conservation is policy. • The legal and institutional framework pertinent to plastic pollution is explored. • Laws and agencies are in place, yet implementation and enforcement is deficient. • Interventions to mitigate plastic pollution and protect marine species are advanced. - Abstract: Plastics are the most common form of debris found along the Argentine coastline. The Río de la Plata estuarine area is a relevant case study to describe a situation where ample policy exists against a backdrop of plastics disposed by populated coastal areas, industries, and vessels; with resultant high impacts of plastic pollution on marine turtles and mammals. Policy and institutions are in place but the impact remains due to ineffective waste management, limited public education and awareness, and weaknesses in enforcement of regulations. This context is frequently repeated all over the world. We list possible interventions to increase the effectiveness of policy that require integrating efforts among governments, the private sector, non-governmental organizations and the inhabitants of coastal cities to reduce the amount of plastics reaching the Río de la Plata and protect threatened marine species. What has been identified for Argentina applies to the region and globally

Research Challenges in Financial Data Modeling and Analysis.

Science.gov (United States)

Alexander, Lewis; Das, Sanjiv R; Ives, Zachary; Jagadish, H V; Monteleoni, Claire

2017-09-01

Significant research challenges must be addressed in the cleaning, transformation, integration, modeling, and analytics of Big Data sources for finance. This article surveys the progress made so far in this direction and obstacles yet to be overcome. These are issues that are of interest to data-driven financial institutions in both corporate finance and consumer finance. These challenges are also of interest to the legal profession as well as to regulators. The discussion is relevant to technology firms that support the growing field of FinTech.

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

The Food and Drug Administration and Drug Legalization: A Brief Model of Regulation

OpenAIRE

Kalam, Murad

2002-01-01

This paper offers a brief model of FDA regulation of currently illegal narcotics in the United States. Given that nearly three out of four Americans believe that the drug war has failed, recent calls from prominent liberal and conservative thinkers to legalize drugs, and state “compassionate use†ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLD’s under its current st...

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

Science.gov (United States)

Furukawa, Toshiharu; Kitagawa, Yuko

2010-10-01

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

Virtual Reality and Legal Education

OpenAIRE

Kiskinov, Vihar

2014-01-01

Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"

Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

International Nuclear Information System (INIS)

Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

2010-01-01

Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

[Medical data security in medico-legal opinioning].

Science.gov (United States)

Susło, Robert; Swiatek, Barbara

2005-01-01

Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

OpenAIRE

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Poli...

Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

African Journals Online (AJOL)

21892687

various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

Legal clinic gender sensitive method for law students

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2008-01-01

Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

Institutional Racism? Roma Children, Local Community and School Practices

Science.gov (United States)

Zachos, Dimitris

2012-01-01

This article tries to discuss the conditions Roma pupils face within the Greek educational system. In the first part, through a brief history of Roma groups in Greece followed by a short analysis of their legal status and leaving conditions, I attempt to present a critical approach in Romani Studies. Thereafter, using Institutional Racism as a…

HIV vaccines in Canada: legal and ethical issues--an overview.

Science.gov (United States)

Garmaise, David

2002-07-01

In July 2002 the Legal Network released an overview paper on legal and ethical issues related to an HIV vaccine in Canada. The paper, which is based on a more detailed report prepared in collaboration with the Centre for Bioethics of the Clinical Research Institute of Montréal, calls for the establishment of a Canadian HIV Vaccine Plan.

[The awareness of pediatricians about ethical legal issues of medical care provision].

Science.gov (United States)

Polunina, N V; Shmelev, I A; Konovalov, O A

2016-01-01

The implementation of rights of under-age patients in medical institutions in many ways depends on level of awareness of pediatricians about availability and mechanisms of legal guarantees provided to them by law and hence depends quality of medical care of children population. The study was carried out to analyze opinions of pediatricians about issues of implementation of rights of patients. The results are presented concerning sociological survey of 261 pediatricians of the Samarskaia oblast. The study established inadequate awareness of respondents about ethical legal issues of medicine and rate of application of knowledge about legal acts in practical activity. The awareness was higher among pediatricians of younger age with duration of professional work lesser than 10 years. This phenomenon is explained by inclusion of courses of biomedical ethics and medical law in educational programs of medical educational institutions during last decade. The direct dependence is established between awareness of pediatricians about issues of bioethics and the level of their qualification. The most of the respondents consider that the have sufficient level of knowledge about rights of children-patients and their parents related to reservation of medical secrecy, consent or refuse of parents to medical intervention and receiving full information about child's health. The overwhelming majority of pediatricians, independently of professional category and duration of service, provided this right implementing modern informational and collegiate model of interaction with parents of ill child and informed that always obtained their consent about medical care. However, such rights of children were limited by framework of child's health and ability for apprehending information about one's health and prospective medical intervention. All respondents participated in survey insisted that they never disclosed medical secrecy. The development of legal literacy of pediatricians by

A cost-benefit analysis of document management strategies used at a financial institution in Zimbabwe: A case study

Directory of Open Access Journals (Sweden)

Rodreck David

2013-07-01

Objectives: This study investigated a commercial bank’s document management approaches in a bid to ascertain the costs and benefits of each strategy and related issues. Method: A quantitative research approach was employed through a case study which was used to gather data from a sampled population in the bank. Results: The document management approaches used were not coordinated to improve operational efficiency. There were regulations governing documents management. The skills and competences of staff on both document management and cost analysis are limited. That is partly due to limited training opportunities availed to them. That means that economies are not achieved in the management of records. That has a negative impact on the overall efficiency, effectiveness and legal compliance of the banking institution. Conclusion: The financial institutions should create regulations enabling periodical cost-benefit analysis of document management regimes used by the bank at least at quarterly intervals as recommended by the National Archives of Australia. A hybrid approach in managing records is recommended for adoption by the financial institution. There should be on-the-job staff training complimented by attendance at relevant workshops and seminars to improve the staff’s understanding of both the cost-benefit analysis concept and document management.

The Legal Context for Teacher Improvement.

Science.gov (United States)

Belsches-Simmons, Grace; Bray, Judith

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

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.

Threat Assessment Teams: A Model for Coordinating the Institutional Response and Reducing Legal Liability when College Students Threaten Suicide

Science.gov (United States)

Penven, James C.; Janosik, Steven M.

2012-01-01

Increasing numbers of college students with mental health issues are enrolling in college. If these students threaten suicide they present serious legal issues for college officials. Lack of communication and coordination of a response to these students exacerbates the issue. Threat assessment teams can serve as mechanisms to coordinate the…

Evidence Supporting Broader Access To Safe Legal Abortion

OpenAIRE

Faundes; Anibal; Shah; Iqbal H.

2016-01-01

Unsafe abortion continues to be a major cause of maternal death; it accounts for 14.5% of all maternal deaths globally and almost all of these deaths occur in countries with restrictive abortion laws. A strong body of accumulated evidence shows that the simple means to drastically reduce unsafe abortion-related maternal deaths and morbidity is to make abortion legal and institutional termination of pregnancy broadly accessible. Despite this evidence, abortion is denied even when the legal con...

The role of law as an instrument of communication within legal positivism

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2015-12-01

Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

Legal control scenario applied to embedded software in measuring instruments

International Nuclear Information System (INIS)

Castro, C.G. de; Brandao, P.C.; Leitao, F.O.

2013-01-01

This paper presents a scenario of legal control of software in measuring instruments. Such control is hampered by intrinsic problems related to software analysis and verification. To circumvent these difficulties, several projects are being developed to attack different stages of legal control, such as the model type approval, periodic verifications and metrological expertise. The proposals that will arise from these projects will be discussed among the parts and may be incorporated into the measuring instruments. (author)

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.

Understanding the Institutional Dimension of Inter-Agency Collaboration: The Basic Model

Science.gov (United States)

2012-10-01

between the sociological and economic traditions in institutional analysis, led by some organizational sociologists and micro- economists . Their purpose...Spies and Spies in Canada: Undercover at Home & Abroad (2005) Edmonton, AB: Folklore Publishing. Bourdieu, P. Distinction: A Social Critique of the ...Understanding the institutional dimension of inter-agency collaboration The Basic Model Eric Ouellet Royal Military College of

Disciplinary and Legal Actions Against Dermatologists in Canada.

Science.gov (United States)

Nasseri, Eiman

2016-01-01

Dermatologists face a litany of professional and legal risks in practice. To review cases of disciplinary and legal action against dermatologists in Canada. The Canadian Medical Protective Association, all 10 provincial medical colleges, and the Canadian Legal Information Institute were contacted to obtain data on legal or disciplinary action taken against dermatologists in their records. A literature review was performed regarding litigation against dermatologists in other countries. Six dermatologists in Canada faced disciplinary action in the last 5 to 30 years. Seven dermatologists and 5 other specialists in Canada faced lawsuits relating to dermatology in the last 1 to 144 years. Procedures and therapy are the most frequently sources of lawsuits against dermatologists both at home and abroad. Dermatologists need to remain vigilant to avoid disciplinary action and lawsuits from their increasing and varied interactions with patients. © The Author(s) 2015.

Іnheritance of money and right on deposit in a financial institution

Directory of Open Access Journals (Sweden)

А. М. Ісаєв

2016-01-01

Full Text Available Features of inheritance of money and the right on deposit in a financial institution, on the one hand, related to those functions that they perform as the objects of inheritance law in civil circulation, on the other hand, with their specific legal characteristics. Speaking of money, it is necessary to take into account the fact that the inheritance may include both cash and cashless money. And, despite the fact that the cashless money defined by the law as entries in accounts in financial institutions, inheritance of right on deposit in a financial institution regulated by the Civil Code of Ukraine separately from the inheritance of money. The need for such research caused by practical significance of inheritance of money and the right on deposit, and by small number of research in that area. The issue at different times were explored by such scholars as M. V. Gordon, V. I. Serebrovsky, O. P. Pecheny, V. I. Krat, I. V. Zhilinkova, M. A. Korostelyov etc. The article aims to reveal the influence of legal characteristics of money on civil-law regulation of inheritance of money and the right on deposit in a financial institution. The purpose of research should be achieved through solving such problems as analysis and harmonizing the current inheritance laws in the area of issue. In the article, the peculiarities of inheritance of cash and cashless money were defined, as well as the specifics of universal legal succession of right on deposit in the bank (financial institution. During research some disadvantages of current inheritance legislation in this sphere were revealed, so as the ways of its improvement. Undoubtedly, a segment of considered legislation is debatable in many ways. However, it should be noted that inheritance law determines the process of transition of legacy from testator to the heir. Legal regulation of such relationships depends on the understanding of individual components of heritage, including money in cash and cashless

A Model for Institutional Policy Analysis: The Case of Student Financial Aid. AIR Forum 1981 Paper.

Science.gov (United States)

Fenske, Robert H.; Parker, John D.

The development of an operational model that would enable a college institutional research unit to improve administrative decision-making by expanding its data base to include new activities not widely recognized throughout the institution is considered. Attention is directed to institutional research as a function within an institution,…

Two conceptions of legal principles

Directory of Open Access Journals (Sweden)

Spaić Bojan

2017-01-01

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

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.

Legal analysis of information displayed on dental material packages: An exploratory research

Directory of Open Access Journals (Sweden)

Bhumika Rathore

2016-01-01

Full Text Available Introduction: Some of the dental materials possess occupational hazards, preprocedural errors, and patient allergies as suggested by evidence. With due consideration to safety of the patients and dental professionals, it is essential that the trade of these materials is in conformity with the law. Aim: To perform the legal analysis of the information displayed on the packaging of dental materials. Materials and Methods: The Bureau of Indian Standards sets guidelines for packaging and marketing of dental products in India. An exploratory cross-sectional study was performed using various search engines and websites to access the laws and regulations existing pertaining to dental materials packaging. Based on the data obtained, a unique packaging standardization checklist was developed. Dental laboratory and impression plasters, alginates, and endodontic instruments were surveyed for all the available brands. This study considered 16 brands of plasters and alginates and 42 brands of endodontic instruments for legal analysis. Legal analysis was performed using the direct observation checklist. Descriptive statistics were obtained using SPSS version 19. Results: The guidelines set by the Bureau of Indian Standards do exist but are not updated and stand as oblivious guards for marketing standards. Overall compliance to the guidelines was reported to be 18.5% by brands of alginates, 4.1% by plaster of Paris, and 11.11% by endodontic instruments. Wave One™ File reported maximum adherence with the guidelines as 66.7%. Conclusion: This study found lower rate of adherence to the guidelines, thus indicating insufficient information being disclosed to the consumers.

A Meta-Analysis of Institutional Theories

Science.gov (United States)

1989-06-01

GPOUP SUBGROUP Institutional Theory , Isomorphism, Administrative Difterpntiation, Diffusion of Change, Rational, Unit Of Analysis 19 ABSTRACT (Continue on... institutional theory may lead to better decision making and evaluation criteria on the part of managers in the non-profit sector. C. SCOPE This paper... institutional theory : I) Organizations evolving in environments with elabora- ted institutional rules create structure that conform to those rules. 2

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

Science.gov (United States)

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

2016-12-01

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

The Legal Policy Of The General Election As An Independent Commission A Review Of Indonesian Election 2014

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Josner Simanjuntak

2015-08-01

Full Text Available Abstract The Legal Institution of the General Election in Indonesia has an important role in the process of elections to realize the sovereignty of the people. The legal institution is independent as mandated of the Indonesian constitution The 1945 Constitution. In the Election organizers as a chapter of the 1945 Constitution stating that the Election Commission shall be independent and impartial toward participating in the election and political party. However in practice this task is not easy and can be run smoothly it is difficult to maintain a balanced relationship between the participant election commissions. This research is a descriptive analytic one using juridical normative approach to study the legal principles legal synchronization. The technique being used to gather data is librarian research supported by field research using interview and questionnaire technique. The data being gathered are analyzed qualitatively. The result of the research shows that the legal institution the general election in undertaking has not been independent as expected because for institutional and administrative for has not been independence and not impartiality and not professionalism. The rules in the process of elections is it not the election system and achievement of justice.

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…

Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

Directory of Open Access Journals (Sweden)

Д. М. Мікулин

2015-11-01

Full Text Available Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law; legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not

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

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Roman V. Tupikin

2016-12-01

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

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

Introduction: Legal Education in Central and Eastern Europe. Challenges and Prospects

Directory of Open Access Journals (Sweden)

Antal Szerletics

2017-12-01

Full Text Available Legal education in Central and Eastern Europe is often criticised for its inefficiency, outdated models of teaching, discrepancy between market needs and educational offer, strong power relations within institutions or distorted professional ethos of academics. Many of the institutional problems seem to stem from the peculiar historical past of the region, including the socialist heritage of higher education. Law is a particularly sensitive discipline in this respect as its education was – and arguably, has still remained – deeply overpoliticized. Although direct political influence ceased after the political transition in 1989, the professional ethos and the power relations of legal academia have hardly changed in the last twenty years. The papers gathered in the OSLS monographic issue Legal Education in Central and Eastern Europe. Challenges and Prospects discuss these problems of legal education and propose alternative solutions, which could bring about a change in the field. La educación jurídica de Europa central y oriental es objeto de crítica por su ineficiencia, sus modelos obsoletos de enseñanza, su discrepancia con respecto a las demandas del mercado, las fuertes relaciones de poder en las instituciones y la distorsionada ética profesional de los académicos. Muchos de los problemas institucionales parecen provenir del pasado histórico de la región, incluida la herencia socialista en la educación superior. El Derecho es una disciplina especialmente delicada a este respecto, ya que su enseñanza ha estado -y, probablemente, sigue estando- profundamente politizada. A pesar de la transición política de 1989, la ética profesional y las relaciones de poder que rigen el estrato académico apenas han cambiado en los últimos veinte años. Los artículos reunidos en el monográfico Legal Education in Central and Eastern Europe. Challenges and Prospects analizan los problemas de la enseñanza del Derecho y proponen soluciones

Institutional quality and income inequality in the advanced countries

Directory of Open Access Journals (Sweden)

Josifidis Kosta

2017-01-01

Full Text Available The purpose of this paper is to shed more light on the effects of changes in quality of economic, legal and political institutions on income inequality in the advanced countries over the last two decades. Using the robust panel model on a sample of 21 OECD countries, it is found that the impact of elitization of society is more pronounced than the impact of unionization on income redistribution, but both effects are less expressed in comparison to the influence of institutional changes on redistribution. In a globalized economy, insufficient redistribution and high inequality might be interpreted as the consequence of institutional inertia to disruptive technological and business changes.

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

Victimological anti-corruption consulting: legal regulation, notion, content, forms and means of implementation

Directory of Open Access Journals (Sweden)

Pavel A. Kabanov

2017-12-01

Full Text Available Objective to disclose the content of victimological anticorruption consulting as a special type of professional activity aimed at anticorruption enlightenment. Methods the dialectic approach to cognition of social phenomena predetermined the following research methods analysis synthesis comparison formallegal and comparativelegal methods. Results the bases of legal regulation of victimological anticorruption consulting at regional and municipal levels in some Russian Federation subjects are described. The scientific legal definition of ldquovictimological anticorruption consultingrdquo as one of the main forms of anticorruption enlightenment is developed and proposed. The most common types of victimological anticorruption consulting formal informal and doctrinal are identified described and explained. The basic forms and means of victimological anticorruption consulting at public authorities organizations and institutions are defined. The measures are proposed to improve the legal regulation of victimological anticorruption consulting at regional departmental municipal and local levels. Scientific novelty for the first time in the Russian criminological science the term ldquovictimological anticorruption consultingrdquo was introduced its contents is explained the legal bases of this kind of anticorruption enlightenment are found and described. Practical significance the main provisions and conclusions of the article can be used in scientific educational lawenforcement and legislative activity.

Food Safety Management in a Global Environment: The Role of Risk Assessment Models

OpenAIRE

Fuentes-Pila, Joaquin; Jimeno, Vicente; Manzano, Amparo; Rodriguez Monroy, Carlos; Mar Fernandez, Maria Del

2006-01-01

Quantitative risk assessment models are playing a minor role in the development of the new EU legal framework for food safety. There is a tendency of the EU institutions to apply the precautionary principle versus the predisposition of the USA institutions to rely on risk analysis. This paper provides a comparison of the role played by quantitative risk assessment models in the development of new policies on food safety in the EU and in the USA, focusing on a study case: the supply chain of s...

Written institutional ethics policies on euthanasia: an empirical-based organizational-ethical framework.

Science.gov (United States)

Lemiengre, Joke; Dierckx de Casterlé, Bernadette; Schotsmans, Paul; Gastmans, Chris

2014-05-01

As euthanasia has become a widely debated issue in many Western countries, hospitals and nursing homes especially are increasingly being confronted with this ethically sensitive societal issue. The focus of this paper is how healthcare institutions can deal with euthanasia requests on an organizational level by means of a written institutional ethics policy. The general aim is to make a critical analysis whether these policies can be considered as organizational-ethical instruments that support healthcare institutions to take their institutional responsibility for dealing with euthanasia requests. By means of an interpretative analysis, we conducted a process of reinterpretation of results of former Belgian empirical studies on written institutional ethics policies on euthanasia in dialogue with the existing international literature. The study findings revealed that legal regulations, ethical and care-oriented aspects strongly affected the development, the content, and the impact of written institutional ethics policies on euthanasia. Hence, these three cornerstones-law, care and ethics-constituted the basis for the empirical-based organizational-ethical framework for written institutional ethics policies on euthanasia that is presented in this paper. However, having a euthanasia policy does not automatically lead to more legal transparency, or to a more professional and ethical care practice. The study findings suggest that the development and implementation of an ethics policy on euthanasia as an organizational-ethical instrument should be considered as a dynamic process. Administrators and ethics committees must take responsibility to actively create an ethical climate supporting care providers who have to deal with ethical dilemmas in their practice.

16 CFR 698.2 - Legal effect.

Science.gov (United States)

2010-01-01

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

Legal Obligation in the Global Context. Some Remarks on the Boundaries and Allegiances Among Persons Beyond the State

Czech Academy of Sciences Publication Activity Database

Pavlakos, George

-, č. 16 (2012) ISSN 1028-3625 Institutional support: RVO:68378122 Keywords : global legal order * legal obligation * coercion Subject RIV: AG - Legal Sciences http://cadmus.eui.eu/bitstream/handle/1814/21758/RSCAS_2012_16.pdf?sequence=1

Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

Directory of Open Access Journals (Sweden)

Lidia Rodak

2017-12-01

Full Text Available The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la práctica en la educación jurídica, a través de la integración de las emociones en el proceso de aprendizaje. La propuesta se sustenta en el pensamiento elaborado por el psicólogo de la educación norteamericano David A. Kolb. El artículo demuestra que se puede adaptar la Teoría del Modelo de Aprendizaje Experiencial que él construyó a la educación en Derecho, y las ventajas que implicaría. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075147

An agent-based model of centralized institutions, social network technology, and revolution.

Science.gov (United States)

Makowsky, Michael D; Rubin, Jared

2013-01-01

This paper sheds light on the general mechanisms underlying large-scale social and institutional change. We employ an agent-based model to test the impact of authority centralization and social network technology on preference falsification and institutional change. We find that preference falsification is increasing with centralization and decreasing with social network range. This leads to greater cascades of preference revelation and thus more institutional change in highly centralized societies and this effect is exacerbated at greater social network ranges. An empirical analysis confirms the connections that we find between institutional centralization, social radius, preference falsification, and institutional change.

THE OCCUPATIONAL STRESS ON HEALTH’S PROFESSIONALS TO LEGAL MEDICAL INSTITUTE LEONIDIO RIBEIRO, FEDERAL DISTRICT - BRAZIL

Directory of Open Access Journals (Sweden)

P. C. Quaresma

2016-02-01

Full Text Available Occupational stress is defined as a psychological syndrome resulting in chronic interpersonal stressors at work and characterized by emotional exhaustion, depersonalization, and reduced personal accomplishment. It is observed that the pressures generated by continuous social and economic changes have made the individual more vulnerable to psychosomatic and organic pathologies. As a condition with high incidence rate you have, the stress has a negative impact on occupational life of the individual. This study was conducted on health-care workers of the LMI (Legal Medical Institute of the Federal District, Brazil; who work in the areas of anatomy, nursing, laboratory, radiology and medicine and is justified by the development of professional activities. The methodology used in this article was a descriptive study with a qualitative and quantitative approach as a tool for data collection was used a structured questionnaire with closed questions about the activities that will evoke stress on work activities. Fourty-nine per cent have more than 10 years of service time and 54.7 % (n = 53, rank among medium and high load stress suffering. The answers on the elements that are evocative of stress, 75 % think that 'deal with the pain of the family', with 51 % and 'removal of corpses in hard-to access/dangerous', with 24%, the most important stressors. We can consider that the occupational stress experienced by professionals in DF, Brazil, LMI should not be ignored by the institution , since its employees are subject to a great physical and mental load, which, if ignored even for short periods, may, at some point, lead to depletion of capacity for work, causing losses in the professional quality of life and, consequently, reduced the productivity of the institution as a result of increased absence professional.

SOCIAL REABILITATION MODEL FOR TEENAGERS WITH DEVIANT BEHAVIOR IN CLOSED-TYPE INSTITUTIONS

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Y. V. Moskvina

2014-01-01

Full Text Available The paper considers educational practices in the closed-type institutions for teenagers with deviations in legal, intellectual and psychoemotional behavior, and reveals a social rehabilitation model for this category of teenagers. The model is based on A. V. Petrovsky’s concept of the three phases of personality development in adolescence – adaptation, individualization and integration. The author presumes that any deviation in a teenager’s behavior increases as the result of negative experience, developed and retained in asocial surroundings. The goal of teaching staff in closed-type institutions is to transform the trend of deviant behavior into the normal attitude of social adaptation. The author emphasizes a need for positive experience of passing the above phases in friendly atmosphere with adequate behavior patterns. Preventive work implies the priority changes – i.e. the prevalence of the future over the past, self-determination (revision of goals, meanings, and attitudes to a free choice, reorientation from ≪I don’t want, I can’t, I don’t have to≫ to the positive connotations of ≪I have to, I can, I want≫. The paper denotes the methods and ways of pedagogical facilitation, relating to different phases of educational process, and provides a technique for regular monitoring of personal behavior changes, including the key evaluation positions and scales. The paper is addressed to the teaching staff involved in rehabilitation of teenagers with deviant behavior.

Legal mentality: the interpretation of the scientific discourse

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Ігор Олексійович Поліщук

2016-06-01

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

An analysis of the legal protection of pregnancy and maternity at the workplace in Malaysia

OpenAIRE

Bhatt, Jashpal Kaur

2017-01-01

This thesis examines the scope of the legal protection of pregnancy and maternity with respect to private sector workers in Peninsular or West Malaysia. The analysis focuses on how effectively the law deals with the adverse or unfavourable treatment of women workers in respect of pregnancy and maternity. The feminized workplace in Malaysia is assessed to determine the manner in which women’s ‘double burden’ in productive and reproductive labour results in the various legal issues fac...

MODELING OF INNOVATION EDUCATIONAL ENVIRONMENT OF GENERAL EDUCATIONAL INSTITUTION: THE SCIENTIFIC APPROACHES

OpenAIRE

Anzhelika D. Tsymbalaru

2010-01-01

In the paper the scientific approaches to modeling of innovation educational environment of a general educational institution – system (analysis of object, process and result of modeling as system objects), activity (organizational and psychological structure) and synergetic (aspects and principles).

The interface of legal and esthetic considerations

Science.gov (United States)

Richard C. Smardon

1979-01-01

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

Legal Portion in Russian Inheritance Law

Science.gov (United States)

Inshina, Roza; Murzalimova, Lyudmila

2013-01-01

In this paper the authors describe the right to inherit as one of the basic human rights guaranteed by the Constitution of the Russian Federation. The state has set rules according to which after a person's death, his or her property is inherited by other persons. The Russian civil legislation establishes the institution of legal portions that is…

Religious legal systems: challenges of the modernity

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Д. В. Лук’янов

2015-11-01

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

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

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

DEFF Research Database (Denmark)

Potts, Amanda; Kjær, Anne Lise

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

Libraries in Wisconsin Institutions: Status Report.

Science.gov (United States)

Merriam, Elizabeth B.

The Wisconsin Library Association Round Table of Hospitals and Institutional Librarians became concerned about adequate funding of institutional libraries; the right of institutionalized persons to read and to have educational, legal, and recreational materials; and the development of staff libraries for treatment, rehabilitation, and research…

HIV vaccine research--South Africa's ethical-legal framework and its ability to promote the welfare of trial participants.

Science.gov (United States)

Strode, Ann; Slack, Catherine; Mushariwa, Muriel

2005-08-01

An effective ethical-legal framework for the conduct of research is critical. We describe five essential components of such a system, review the extent to which these components have been realised in South Africa, present brief implications for the ethical conduct of clinical trials of HIV vaccines in South Africa and make recommendations. The components of an effective ethical-legal system that we propose are the existence of scientific ethical and policy-making structures that regulate research; research ethics committees (RECs) that ethically review research; national ethical guidelines and standards; laws protecting research participants; and mechanisms to enforce and monitor legal rights and ethical standards. We conclude that the ethical-legal framework has, for the most part, the necessary institutions, and certain necessary guidelines but does not have many of the laws needed to protect and promote the rights of persons participating in research, including HIV vaccine trials. Recommendations made include advocacy measures to finalise and implement legislation, development of regulations, analysis and comparison of ethical guidelines, and the development of measures to monitor ethical-legal rights at trial sites.

Contributions to institutional matters

International Nuclear Information System (INIS)

The papers included in this document deal with the institutional aspects and the legal framework of spent fuel management. The international management and storage of plutonium and spent fuel is addressed. Licensing procedures are discussed

A data model for clinical legal medicine practice and the development of a dedicated software for both practitioners and researchers.

Science.gov (United States)

Dang, Catherine; Phuong, Thomas; Beddag, Mahmoud; Vega, Anabel; Denis, Céline

2018-07-01

To present a data model for clinical legal medicine and the software based on that data model for both practitioners and researchers. The main functionalities of the presented software are computer-assisted production of medical certificates and data capture, storage and retrieval. The data model and the software were jointly developed by the department of forensic medicine of the Jean Verdier Hospital (Bondy, France) and an bioinformatics laboratory (LIMICS, Paris universities 6-13) between November 2015 and May 2016. The data model was built based on four sources: i) a template used in our department for producing standardised medical certificates; ii) a random sample of medical certificates produced by the forensic department; iii) anterior consensus between four healthcare professionals (two forensic practitioners, a psychologist and a forensic psychiatrist) and iv) anatomical dictionaries. The trial version of the open source software was first designed for examination of physical assault survivors. An UML-like data model dedicated to clinical legal practice was built. The data model describes the terminology for examinations of sexual assault survivors, physical assault survivors, individuals kept in police custody and undocumented migrants for age estimation. A trial version of a software relying on the data model was developed and tested by three physicians. The software allows files archiving, standardised data collection, extraction and assistance for certificate generation. It can be used for research purpose, by data exchange and analysis. Despite some current limitations of use, it is a tool which can be shared and used by other departments of forensic medicine and other specialties, improving data management and exploitation. Full integration with external sources, analytics software and use of a semantic interoperability framework are planned for the next months. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights

Discrimination of legal entities: Phenomenological characteristics and legal protection

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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.

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

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Olga A. Krapivkina

2017-12-01

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

Does Legalized Prostitution Increase Human Trafficking?

OpenAIRE

Seo-Young Cho; Axel Dreher; Eric Neumayer

2011-01-01

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

The legal duty of local government to facilitate development

Directory of Open Access Journals (Sweden)

Theo Scheepers

1999-03-01

Full Text Available Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.

Legal reality of Russia: constants and variables

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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

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.

Constitutionally Mandated Funds for Financing Regional Development in Brazil: An Analysis of the Compensatory Mechanisms Used by Financial Institutions (1995-2013

Directory of Open Access Journals (Sweden)

Girley Vieira Damasceno

2016-04-01

Full Text Available This paper examines the relationship between constitutionally mandated funds for financing regional development in Brazil and the regional financial institutions that manage them. These constitutionally mandated funds apply a fraction of federal tax revenues in the productive sectors of the North, Northeast and Midwest regions of Brazil. We investigate the occurrence of soft budget constraint on these institutions, induced by compensatory mechanisms for management of the resources of these funds (administration fee and by the assumption of credit risk in lending (del credere. The concept of soft budget constraint, proposed by Hungarian economist Janos Kornai in the context of socialist economies, refers to the expectations for systematic bailout of economic organizations by governments or banks, usually associated with the paternalistic role of the state towards these organizations. Our analysis uses comparative graphics and spreadsheets. The results indicate more remuneration than administrative costs and credit risk assumed by financial institutions and confirm the hypothesis of legal parameters that induce soft budget constraint.

The problem of developing of readiness of the future legal psychologists to effective coping

Directory of Open Access Journals (Sweden)

Busarova O.R.

2017-07-01

Full Text Available The article substantiates the need to improve the readiness of the future legal psychologists to effective coping behavior in the light output at the present time in Russia professional standards governing the activities of professionals providing psychological assistance to minors, including those who are in legally relevant situations. The aim of the presented research - the identification of typical coping strategies for students of legal psychology in the educational practice and the analysis of the relationship of coping strategies with successful performance practices. Second-year students were diagnostic practice in various educational institutions, including schools and special schools for students with deviant behavior. Probationers acted as a psychologist, a holistic diagnostic problem solving - from the receipt of the request to make recommendations on the results of the survey. The method of content analysis was processed 41 report on the practice. Fixed mention of problematic situations that have caused negative emotions in the trainees, and mention of coping behavior. Revealed the typical difficulties of students and coping strategies when performing queries on psycho-diagnostics of children with behavioral problems. We found a significant positive correlation between the success of the implementation of practice tasks students with a variety mentioned in the report difficulties with the frequency of their appearance, as well as with a variety of coping strategies. The study offers methodological tools for the preparation of the future legal psychologists in diagnostic practice.

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

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

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2014-01-01

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

Analyse of The Legal Framework in Colombia for implementation of Bioprospecting Practices

International Nuclear Information System (INIS)

Duarte, Oscar; Velho Lea

2008-01-01

The practice of bioprospecting is inherently linked with traditional knowledge and practices of local communities in the South as well as with the commercial activities of industries (e.g., pharmaceutics sector, agriculture) in the North. A series of actors operate at this interface, such as Non-Governmental Organizations (NGOs), Research Centers, Universities, Science and Technology sponsor institutions and the State. As these actors have divergent interests and powers of negotiation, an appropriate regulatory framework is necessary to regulate their interaction. This paper analyzes the existing legal framework in a mega-diverse country, like Colombia, for implementation of bioprospecting practices. The research consisted of two key components: (i) A review of the state of art of bioprospecting; (ii) A work in situ in Colombia, which consisted of analysis of information and genetic resources related to bioprospecting, participation in the implementation of a legal frame for bioprospecting practices and interviews with Colombian professionals in the field of biodiversity conservation. Our research determined that: (i) national authorities encounter a multitude of difficulties to implement a legal framework in Colombia, especially the Andean regional normativity; (ii) the execution of research projects related to bioprospecting in Colombia faces numerous challenges

[The 20th century legal framework regarding risk at work and occupational health in Colombia].

Science.gov (United States)

Arango-Soler, Juan M; Luna-García, Jairo E; Correa-Moreno, Yerson A; Campos, Adriana C

2013-01-01

Analyzing the 20th century Colombian legal framework from the point of view of labor law, social security and public health for identifying concepts regarding occupational health and professional risk and trying to establish convergence and differences between such foci and whether they fulfilled a complementary view. This work involved documentary research by means of thematic categorical analysis of the laws and statutes promulgated in 20th century Colombia, considering the main element or entity which should have regulated that related to professional risk or occupational health. The development of the 20th century Colombian legal framework regarding health at work was periodized, revealing the predominance of a view of social law focused on protecting dependent workers' work-related risks, as part of a tendency extending to the Colombian Sistema General de Riesgos Laborales. The proposed stages used for organizing the legal framework concerning social security regarding professional risk and occupational health facilitated some important elements being recognized concerning the social, legal and institutional context from which workers' health laws emerged. Tension was noted concerning statutes orientated towards redress and compensation regarding accidents at work and legislation emphasizing prevention.

A Legal Analysis and Contrarian View of the Syllabus-as-Contract Perspective

Science.gov (United States)

Kaufmann, Kent D.

2015-01-01

Despite the claim made in the scholarship of teaching and learning (SoTL) literature for over two decades that a syllabus is a contract, the courts have uniformly ruled that it is not. While there is no harm in thinking one's syllabus is a contract, there may be legal risk in proclaiming it so. The author provides an analysis of the…

Agreement of the silent partnership – tax and legal consequences of its conclusion and execution

OpenAIRE

Monika Zieniewicz

2016-01-01

The institution of the silent partnership is not currently regulated by any legal act in the Polish legal system, although its importance in practice is not in doubt. As every action made in the economic sphere and economic execution of the contract is associated with specific effects on the basis of the tax laws. However, due to the lack of statutory regulation of the institution of silent partnership problematic is the question of determining the effects of tax legislation. Therefore, speci...

LEGAL REGULATION OF ADMINISTRATIVE CONTRACTS IN BOSNIA AND HERZEGOVINA

Directory of Open Access Journals (Sweden)

Edina Šehrić

2016-09-01

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

Technological innovations in forensic genetics: social, legal and ethical aspects.

Science.gov (United States)

Wienroth, Matthias; Morling, Niels; Williams, Robin

2014-01-01

This paper discusses the nature of four waves of technological innovations in forensic genetics alongside the social, legal and ethical aspect of these innovations. It emphasises the way in which technological advances and their socio-legal frameworks are co-produced, shaping technology expectations, social identities, and legal institutions. It also considers how imagined and actual uses of forensic genetic technologies are entangled with assertions about social order, affirmations of common values and civil rights, and promises about security and justice. Our comments seek to encourage the participation of scientific actors in the development of anticipatory governance deliberations concerning the widening application of forensic genetics in an increasing number of criminal and civil jurisdictions.

INSTITUTIONAL SUPPORT OF SECURITY BUDGET OF UKRAINE

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S. Onishchenko

2016-06-01

Full Text Available The institutional framework from positions of different conceptual approaches was examined in the article. The attention was paid the problems of institutional support budget security in Ukraine. The institutionalization of budgetary relations and especially the formation system of institutional support was investigated. The author's approach to the nature of institutional support budget security was suggested. Institutional and legal, institutional and organizational, and staffing budget security were characterized. It is concluded that the process of institutional development budget security characterized by unacceptable levels of institutional strain.

Penitentiary crime as an object of legal research

Directory of Open Access Journals (Sweden)

Sergey Aleksandrovich Khokhrin

2015-09-01

Full Text Available Objective basing on statistical data and generalized empirical material to study the structure and dynamic properties of the penitentiary crime which are necessary to elaborate measures to prevent crimes involving the penitentiary system. Methods comparativelegal logicaljuridical analysis of documents survey results statistics and litigation. Results basing on the analysis of more than 1400 convictions for committing crimes by convicts while being imprisoned as well as statistical indicators of crime in penitentiary institutions since 2005 it is proposed to divide all the recorded facts of crime into categories. This will allow to define some categories of crimes committed in penitentiary institutions. Comparing the results of the analysis of judicial practice the survey of the staff and the statistical reports suggests that convicts with two or three convictions are most likely to commit crimes in the penitentiary institution. In our view an effective incentive to forgo crimes and resocialize may be a legal norm regulating sentencing for offences committed during the period of serving the sentence Article 68 of the Criminal Code of the Russian Federation quotSentencing for the offence during the period of serving the sentence quot. Scientific novelty the conclusion is made about the need to extinguish the risk groups by committing crimes in penitentiary institutions. The proposals are formulated to supplement the criminal law. Practical significance the materials and conclusions of the article can be used in lawmaking activity for the development of draft laws on amendments and additions to the Criminal Code of the Russian Federation in scientific work in the preparation of the dissertation research monographs textbooks and articles teaching the courses quotCriminal lawquot and quotCriminologyquot as well as courses for qualificationnbsp promotion. nbsp

Is quality of higher educational institutions in Western Balkan real?

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Živaljević Aleksandra

2015-01-01

Full Text Available The paper presents a survey conducted in November of 2013 in 120 higher education institutions in the Western Balkans Countries, with purpose to determine which models are used for quality improvement in Western Balkans higher educational institutions, and whether critical conditions for continuous quality improvement have been met by applying those models. Data were obtained by using questionnaire which consisted of 24 questions related to 2 previously defined hypotheses. Gathered data were tested with Student's t test to determine if there is a significant difference between the groups of higher educational institutions which use different quality models, as well as between private and public higher educational institutions. Authors argue that the rules imposed by Governments do not provide sufficient incentive for meeting the critical conditions for the continuous quality improvement. Legal framework and mandatory accreditation conducted by government bodies lead higher educational institutions to fulfil the formal requirements, distancing them from the essence of quality management, i.e. from self-criticism and motivation to consistently deliver better results than the previous ones and giving them the illusion of achieving quality through compliance with formal criteria.

Developing an integrated management model for Private Higher Educational Institutions in South Africa

OpenAIRE

2012-01-01

D. Ed. (Educational Management) The cornerstone of this research is to understand the role of the Private Higher Education (PHE) sector in South Africa, including the challenges and problems encountered by the Private Higher Education Institutions (PHEIs) in competing in the public HE sector that is legally accountable to and funded by government. The country’s HE sector is deeply fragmented owing to the past racial divisions and inequalities, and the research thus intends to contribute to...

Expropiation and seizure goods as penalties for drug traffic. Economic analysis of the legal regime

Directory of Open Access Journals (Sweden)

Manuel Alberto Restrepo-Medina

2010-03-01

Full Text Available This article through the use of economic categories tries to identify the reasons that did not allow that former legislation (Law 333 1996 produced the result expected from the administration of seizure goods. This law pretended that this goods were not only productive, but also that they may generate employment. It is proposed in this article some remedies for the problems that were not solve by the new legislation (laws 785-793 2002 with the aim to establish the legal and institutional adjustments that permit that permit the fulfillment of the original objectives.

Navigating legal constraints in clinical data warehousing: a case study in personalized medicine.

Science.gov (United States)

Jefferys, Benjamin R; Nwankwo, Iheanyi; Neri, Elias; Chang, David C W; Shamardin, Lev; Hänold, Stefanie; Graf, Norbert; Forgó, Nikolaus; Coveney, Peter

2013-04-06

Personalized medicine relies in part upon comprehensive data on patient treatment and outcomes, both for analysis leading to improved models that provide the basis for enhanced treatment, and for direct use in clinical decision-making. A data warehouse is an information technology for combining and standardizing multiple databases. Data warehousing of clinical data is constrained by many legal and ethical considerations, owing to the sensitive nature of the data being stored. We describe an unconstrained clinical data warehousing architecture, some of the legal constraints that have led us to reconsider this architecture, and the legal and technical solutions to these constraints developed for the clinical data warehouse in the personalized medicine project p-medicine. We also propose some changes to the legal constraints that will further enable clinical research.

Lithuanian reform on legal capacity: from soviet context towards the modern human rigths standards

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Dovilė

2015-12-01

and effective model of supported decision making. Nevertheless is it at the very moment that all the states are reforming their legislative framework and existing pactices to establish the best and most effectives support measures for independent decision making and securing rights of persons with disabilities. On 26 March 2015 there was Law on amendment of provisions of Civil code and Code of civil procedure adopted in Lithuania with the purpose to improve the existing legal institutes of legal incapacity and capacity restriction with regards to pesons with disabilities (intellectual and psychosocial, and to implement the requirements of art. 12 of the Convention on equality before the law and support in decision making for persons with disabilities. Within the new legal provisions there are number of essential safeguards trasnsposed from the art. 12 of the Convention, that should protect persons with disabilities from possible abuse, and secure realisation of their rights. Nevertheless there are major critical aspects with regards the whole legal capacity reform. There remains the term „legal incapacity“ and possibility to declare person as incapable in the new legislative framework. With such a declaration the person looses possibility to realise his/her rights indepedently, and the guardian takes over the decision making powers. Such construct and relationships are still regarded as substituted decision making and in general contradicts the privisions of art. 12 of the Convention. New legal provisions and new institutes of legal protections for persons with disabilities raises number of theoretical and practical challenges for adhering to the international requirements which are discussed in the article. Keywords: human rights, equality before the law, legal capacity, rights of people with disabilities, non-discrimination.

Analysis of institutional evolution of regulatory activity in the Brazilian electric sector: 1920-1997; Analise da evolucao institucional da atividade de regulacao no setor eletrico brasileiro: 1920-1997

Energy Technology Data Exchange (ETDEWEB)

Tavares, Mauricio Lopes; Ferreira, Elnatan Chagas; Dias, Jose Antonio Siqueira [Universidade Estadual de Campinas (DEMIC/FEEC/UNICAMP), SP (Brazil). Fac. de Engenharia Eletrica e de Computacao. Dept. de Eletronica e Microeletronica], Email: siqueira@demic.fee.unicamp.br

2006-07-01

An analysis of the institutional evolution of the governmental organizations which were responsible for the regulation of the electrical energy sector in Brazil (before the establishment of the ANEEL) is presented . Taking into account the various levels of subordination and independence in their actuation, the different missions and powers given to these agencies regarding the inspection, controlling, planning and regulating the industry, are compared and discussed. The conducted analysis is essentially formal, based on the legal instruments which defined and established the creation of those agencies. (author)

Multiple Discrimination and Immigration: Traces from Institutional, Academic and Populational Discourse

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Miguel S. Valles Martínez

2017-01-01

Full Text Available This article focus on the pairing multiple discrimination and immigration, exploring documentation left in political-institutional grounds, academia and people speech. A triple discursive trace is documented (institutional, academic, populational. Main results are: 1 greater use of adjective ?multiple? within political-legal literature on discrimination, being more latent within sociological research; 2 the presence of multiple discrimination forms in institutional, academic and general population language (not always explicitly ; 3 available statistics and surveys do not record the complexity of a sociological and social-legal phenomenon, requering qualitative materials as well (conversational primary discourses from native or immigrant population, and documentary elaborated discourses from institutions or academia.

Clarity Versus Accuracy and Objectivity in Written Legal English

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Violeta Janulevičienė

2011-12-01

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

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.

European New Legal Realism and International Law:

DEFF Research Database (Denmark)

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

2015-01-01

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

Legal Culture as the Determinant of Value Orientations in Youth in the Society of the Transition Period (Philosophical Analysis)

Science.gov (United States)

Kulzhanova, Zhuldizay T.; Kulzhanova, Gulbaram T.

2016-01-01

This research is devoted to the philosophical analysis of legal culture as a determinant of value orientations in the transition period society. The purpose of the study is to discover the essence and specificity of legal culture as a determinant of value orientations in a transition society from the philosophical perspective. In accordance with…

ROLE OF FINANCIAL INSTITUTIONS IN THE PUBLIC-PRIVATE PARTNERSHIPS DEVELOPMENT

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Ion POTLOG

2015-12-01

Full Text Available Public-Private Partnership represents institutional and organizational alliance of the state and business, consisting of financial actors interaction, legal, social and policy oriented joint public and private resources from different sources into a single complex to solve strategic socio-economic problems of country. The aim of the research is to demonstrate the importance of financial institutions in publicprivate partnership projects implementation. Research methodology – in order to achieve the expected results, author applied recognized methods and techniques applied as economic investigations: comparative method, statistical method, logical analysis method. The research results, expressed by knowledge through mentioned field can be applied to improve the process of attracting local and international financial institutions to ensure success in public-private partnerships projects in Republic of Moldova.

Distributed deep learning networks among institutions for medical imaging.

Science.gov (United States)

Chang, Ken; Balachandar, Niranjan; Lam, Carson; Yi, Darvin; Brown, James; Beers, Andrew; Rosen, Bruce; Rubin, Daniel L; Kalpathy-Cramer, Jayashree

2018-03-29

Deep learning has become a promising approach for automated support for clinical diagnosis. When medical data samples are limited, collaboration among multiple institutions is necessary to achieve high algorithm performance. However, sharing patient data often has limitations due to technical, legal, or ethical concerns. In this study, we propose methods of distributing deep learning models as an attractive alternative to sharing patient data. We simulate the distribution of deep learning models across 4 institutions using various training heuristics and compare the results with a deep learning model trained on centrally hosted patient data. The training heuristics investigated include ensembling single institution models, single weight transfer, and cyclical weight transfer. We evaluated these approaches for image classification in 3 independent image collections (retinal fundus photos, mammography, and ImageNet). We find that cyclical weight transfer resulted in a performance that was comparable to that of centrally hosted patient data. We also found that there is an improvement in the performance of cyclical weight transfer heuristic with a high frequency of weight transfer. We show that distributing deep learning models is an effective alternative to sharing patient data. This finding has implications for any collaborative deep learning study.

The Legal Regulation of Cybersecurity

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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

Areas and consequences of organized crime influence on the legal market

OpenAIRE

Bošković, Goran N.; Vuković, Slaviša Lj.

2016-01-01

Criminal structure spread sphere of influence in all fields of social life and become a threat to national and international security. Namely, criminal profits generated by organized crime in the criminal market and its infiltration into the legal economic flows represent a potential danger for corrupting in legal economic relations and undermine the integrity of financial institutions. In this way, in the end the basic fundamentals of the financial system may be disrupted, and in dangerous a...

Insult in Context: Incorporating Speech Act Theory in Doctrinal Legal Analysis of Interpretative Discussions

NARCIS (Netherlands)

H.T.M. Kloosterhuis (Harm)

2015-01-01

textabstractIn this article, I want to show that some doctrinal problems of legal interpretation and argumentation can be analysed in a more precise way than a standard doctrinal analysis, when we use insights from speech act theory and argumentation theory. Taking a discussion about the accusation

Institutional implications of establishing safety goals for nuclear power plants

International Nuclear Information System (INIS)

Morris, F.A.; Hooper, R.L.

1983-07-01

The purpose of this project is to anticipate and address institutional problems that may arise from the adoption of NRC's proposed Policy Statement on Safety Goals for Nuclear Power Plants. The report emphasizes one particular category of institutional problems: the possible use of safety goals as a basis for legal challenges to NRC actions, and the resolution of such challenges by the courts. Three types of legal issues are identified and analyzed. These are, first, general legal issues such as access to the legal system, burden of proof, and standard of proof. Second is the particular formulation of goals. Involved here are such questions as sustainable rationale, definitions, avoided issues, vagueness of time and space details, and degree of conservatism. Implementation brings up the third set of issues which include interpretation and application, linkage to probabilistic risk assessment, consequences as compared to events, and the use of results

HIV/AIDS situational analysis among tertiary institutions in the ...

African Journals Online (AJOL)

The situational analysis was organised into sections dealing with SWOT analysis, risk analysis, management strategies, prevention activities and partnerships. The SWOT and risk analyses showed some notable activities on how the institutions have responded to HIV/AIDS. The institutions had implemented HIV/AIDS ...

An analysis of legal warnings after drug approval in Thailand.

Science.gov (United States)

Sriphiromya, Pakawadee; Theeraroungchaisri, Anuchai

2015-02-01

Drug risk management has many tools for minimizing risk and black-boxed warnings (BBWs) are one of those tools. Some serious adverse drug reactions (ADRs) emerge only after a drug is marketed and used in a larger population. In Thailand, additional legal warnings after drug approval, in the form of black-boxed warnings, may be applied. Review of their characteristics can assist in the development of effective risk mitigation. This study was a cross sectional review of all legal warnings imposed in Thailand after drug approval (2003-2012). Any boxed warnings for biological products and revised warnings which were not related to safety were excluded. Nine legal warnings were evaluated. Seven related to drugs classes and two to individual drugs. The warnings involved four main types of predictable ADRs: drug-disease interactions, side effects, overdose and drug-drug interactions. The average time from first ADRs reported to legal warnings implementation was 12 years. The triggers were from both safety signals in Thailand and regulatory measures in other countries outside Thailand. Copyright © 2014 Elsevier Inc. All rights reserved.

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

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Victor Imanuel W. Nalle

2015-02-01

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

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

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

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.

Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

Science.gov (United States)

Trinkner, Rick; Cohn, Ellen S

2014-12-01

Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Directory of Open Access Journals (Sweden)

Marcus Faro de Castro

2016-08-01

Full Text Available Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD approach and the Legal Analysis of Economic Policy (LAEP perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

Ageing prisoners' health care: analysing the legal settings in Europe and the United States.

Science.gov (United States)

Bretschneider, Wiebke; Elger, Bernice; Wangmo, Tenzin

2013-01-01

Relatively little is known about the current health care situation and the legal rights of ageing prisoners worldwide. To date, only a few studies have investigated their rights to health care. However, elderly prisoners need special attention. The aim of this article is to critically review the health care situation of older prisoners by analysing the relevant national and international legal frameworks with a particular focus on Switzerland, England and Wales, and the United States (U.S.). Publications on legal frameworks were searched using Web of Science, PubMed, MEDLINE, HeinOnline, and the National Criminal Justice Reference Service. Searches utilizing combinations of keywords relating to ageing prisoners were performed. Relevant reports and policy documents were obtained in order to understand the legal settings in Switzerland, England and Wales, and the U.S. All articles, reports, and policy documents published in English and German between 1774 to June 2012 were included for analysis. Using a comparative approach, an outline was completed to distinguish positive policies in this area. Regulatory approaches were investigated through evaluations of soft laws applicable in Europe and U.S. Supreme Court judgements. Even though several documents could be interpreted as guaranteeing adequate health care for ageing prisoners, there is no specific regulation that addresses this issue completely. The Vienna International Plan of Action on Ageing contributes the most by providing an in-depth analysis of the health care needs of older persons. Still, critical analysis of retrieved documents reveals the lack of specific legislation regarding the health care for ageing prisoners. No consistent regulation delineates the provision of health care for ageing prisoners. Neither national nor international institutions have enforceable laws that secure the precarious situation of older adults in prisons. To initiate a change, this work presents critical issues that must be

Legal and institutional incentives for local environmental management

NARCIS (Netherlands)

Hesseling, G.S.C.M.; Secher Marcussen, H.

1996-01-01

This chapter explores the possibilities and limits of law and institutions as instruments for generating changes in environmental behaviour. First, an overview of the different schools of thought on law and natural resources is presented. It appears that the overall trend with regard to land and

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

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

Legal Nature of Criminal Proceedings Regarding the Length of the Appeal

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Constantin Tanase

2016-05-01

Full Text Available The appeal regarding length of criminal proceedings represents a new institution of Romanian criminal procedure system, born from the need to align the procedural rules to the constitutional requirements and other internal rules, but especially from the need for harmonization with European Community rules, namely the Convention for the Protection of Human Rights and Fundamental Freedoms. To the same extent, it was aimed at forming a legal institution in line with the jurisprudence of the European Court of Human Rights. The new institution has its registered matter in art. 4881-4886 Criminal Procedure Code., Introduced by Law implementing the Code under Title IV – “Special Procedures” which recommends it from the beginning as a derogation from the common procedure. Nevertheless, given the position of remedy for excessive and unjustified extension of the criminal proceedings, as well as the judicial review, which it triggers in this regard, it raises the question of the legal nature of the appeal regarding the length of criminal proceedings. The answer to this question may affect the correct application of the institution and the improvement of judicial practice.

Legal technique: approaches to section on types

Directory of Open Access Journals (Sweden)

І. Д. Шутак

2015-11-01

techniques of individual legal acts. Among the tools of legal techniques particular importance play legal monitoring technique and the technique of publication of normative legal acts. Legal monitoring is the systematic, comprehensive activities aimed at the monitoring, analysis, evaluation of existing legislation and its enforcement, with the aim of improving the effectiveness of legislation and its future prediction. Technique the publication of regulations – a set of techniques and methods regulatory definition of an advertisement that is issued on behalf of the rule-making authority, addressed to General information and contains a complete and guaranteed the exact text of the adopted normative legal act. The main criterion for the classification of legal technique is the stages of legal regulation (law-making, law enforcement, realization of the right. Therefore, we can identify six types of legal techniques: law-making technique; the technique of publication of normative legal acts; the technique of systematization of legal acts; interpretation equipment; machinery of enforcing rights; enforcement technique.

International trade and carbon emissions: The role of Chinese institutional and policy reforms.

Science.gov (United States)

Andersson, Fredrik N G

2018-01-01

The carbon dioxide embodied in Chinese exports to developed countries increased rapidly from 1995 to 2008. We test the extent to which institutional reforms in China can explain this increase. We focus on five areas of reforms: trade liberalization, environmental institutions, legal and property rights, institutional risk and exchange rate policy. Our results show that trade liberalization, weak environmental institutions, exchange rate policy, and legal and property rights affect emissions. Our results also indicate that the lack of reform in the utilities sector is an important factor in the rapid increase in embodied emissions. Copyright © 2017 Elsevier Ltd. All rights reserved.

Disappearing Discourse: Performative Texts and Identity in Legal Contexts

Science.gov (United States)

Trinch, Shonna

2010-01-01

This article examines how survivors of domestic violence and the institutional authorities to whom they turn for assistance represent verbal aggression in direct quotations and indirect reported speech in legal testimony. Using the theoretical framework proposed by Briggs and Bauman (1992), I suggest that direct quotations and reported speech…

Measures to Prevent Financial Fraud and Legalization of Illicit Funds

Directory of Open Access Journals (Sweden)

Chunitska Iryna I.

2017-06-01

Full Text Available The problems of preventing financial fraud and legalization of funds using mechanisms of the financial market are considered. The relevance of this problem in general and peculiar features of its research in developing economies are substantiated. The experience of organizations created to prevent the legalization of illicit funds is studied. It is determined that new organizations are created in response to the global challenges. It is justified that in Ukraine the fight against the legalization of illicit funds has actualized due to a lack of financial resources in the country, declaration of course towards European values and also as a result of the military conflict in the east of the country. The risk factors for financial fraud and illegal movement of financial flows are systematized according to the groups of conditions: pressure, favorable situation, propensity (justification. It is determined which levels of risk of generating illegal financial flows are inherent in different sectors of the economy depending on institutional factors. It is argued that the increase in the risks of illegal financial flows occurs under conditions of a low level of maturity of the institutional environment and a high level of information asymmetry. Types and tools of fraud in the financial market that increase the risks of illegal financial flows are systematized. It is determined that main types of fraud in the financial market are related to information manipulations and regulatory deficiencies. The world experience of legislative initiatives on counteracting the legalization of funds in financial markets is systematized. It is justified that, in order to prevent financial fraud and prevent legalization of illicit funds in Ukraine, it is necessary to ensure maximum transparency of information on the movement of financial flows in financial markets. In addition, regulators of the financial market should not only cooperate with each other but also prevent

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

Science.gov (United States)

Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

Legal protection of pet animals in domestic legislation

Directory of Open Access Journals (Sweden)

Vidić-Trninić Jelena

2012-01-01

Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.

LEGAL EDUCATION OF PHARMACISTS IN A CONTEXT OF SOCIETY DEMOCRATIZATION AND THE EUROPEAN STANDARDS OF EDUCATION IN UKRAINE

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I. M. Alieksieieva

2015-04-01

Full Text Available In order to determine the urgent need for scientific applied research to improve legal education and legal education in higher educational institutions of the pharmaceutical and medical profile conditions have been explored by such methods as observation, comparison, analysis and synthesis, identification, description and interpretation. It has been established that the main source of specific legal education must be current legislation and international instruments ratified by the Ukrainian parliament - the VerkhovnaRada, which is common tool of general civil and professional relationships regulation. This suggests that state government should strive to keep this professional category not only highly professional, but also highly moral, highly cultured and the right conscious. The aim of the article - scientific research and theoretical study of social meaning and motivation to legal education in the departments of pharmaceutical profile in terms of the university. Materialsandmethodsofresearch The research is based on an analysis of academic publications and monographs on the theory of state and law, philosophy, psychology, legal psychology and copyright research and professional publications on the current state of legal education, legal trainingand legal culture of students in Ukraine. Results and discussion The man, society, state - three interrelated nature of social and historical phenomena, the emergence and development of which are caused by objective natural laws. Each of these institutions of social life is in constant dynamics and relationships. Prominent in the specified interaction takes man with his natural rights and interests. But that does not mean it has to be a passive consumer goods, which should create the society and the state. Fundamental preconditions for the improvement of society and the state, as the basis for a comfortable, safe human existence is a constant development and improvement of himself (physical, moral

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.

Sifting Through Chaos: Extracting Information from Unstructured Legal Opinions.

Science.gov (United States)

Oliveira, Bruno Miguel; Guimarães, Rui Vasconcellos; Antunes, Luís; Rodrigues, Pedro Pereira

2018-01-01

Abiding to the law is, in some cases, a delicate balance between the rights of different players. Re-using health records is such a case. While the law grants reuse rights to public administration documents, in which health records produced in public health institutions are included, it also grants privacy to personal records. To safeguard a correct usage of data, public hospitals in Portugal employ jurists that are responsible for allowing or withholding access rights to health records. To help decision making, these jurists can consult the legal opinions issued by the national committee on public administration documents usage. While these legal opinions are of undeniable value, due to their doctrine contribution, they are only available in a format best suited from printing, forcing individual consultation of each document, with no option, whatsoever of clustered search, filtering or indexing, which are standard operations nowadays in a document management system. When having to decide on tens of data requests a day, it becomes unfeasible to consult the hundreds of legal opinions already available. With the objective to create a modern document management system, we devised an open, platform agnostic system that extracts and compiles the legal opinions, ex-tracts its contents and produces metadata, allowing for a fast searching and filtering of said legal opinions.

Death with Dignity: A Tripartite Legal Response

Science.gov (United States)

Leblang, Theodore Raymond

1978-01-01

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

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

Science.gov (United States)

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

2017-01-28

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

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....

Should Law Keep Pace with Society? Relative Update Rates Determine the Co-Evolution of Institutional Punishment and Citizen Contributions to Public Goods

Directory of Open Access Journals (Sweden)

Daria Roithmayr

2015-06-01

Full Text Available Until recently, theorists considering the evolution of human cooperation have paid little attention to institutional punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve relative to social behavior that legal punishment regulates. However, at what rate should legal rules evolve relative to society to maximize compliance? We investigate this question by modeling the co-evolution of law and cooperation in a public goods game with centralized punishment. We vary the rate at which States update their legal punishment strategy relative to Citizens’ updating of their contribution strategy and observe the effect on Citizen cooperation. We find that when States have unlimited resources, slower State updating lead to more Citizen cooperation: by updating more slowly, States force Citizens to adapt to the legal punishment rules. When States depend on Citizens to finance their punishment activities, however, we find evidence of a ‘Goldilocks’ effect: optimal compliance is achieved when legal rules evolve at a critical evolutionary rate that is slow enough to force citizens to adapt, but fast enough to enable states to quickly respond to outbreaks of citizen lawlessness.

THE LEGAL PROTECTION OF THE PROPERTY RIGHT

Directory of Open Access Journals (Sweden)

Anda CRISU-CIOCÎNTĂ

2015-04-01

Full Text Available The property right has been acknowledged as one of the personal fundamental rights since a very long time. It enjoys complete legal protection provided on the top of the national legislation hierarchy by constitutional norms as well as by juridical norms specific to the various legal branches where the property is present. The property right is protected consistently and by means of the criminal law, mainly by those juridical norms that incriminate the illicit behaviours which bring prejudice, as well as by the norms that regulate other criminal right institutions such as those ones which are specific to the safety measures with a patrimonial character. After examining the juridical norms that protect the property, the conclusion is that the juridical protection is awarded only if the property right has a licit character.

The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

Energy Technology Data Exchange (ETDEWEB)

Bastos, Adriano Silva

2007-07-01

The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

Energy Technology Data Exchange (ETDEWEB)

Bastos, Adriano Silva

2007-07-01

The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

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

OpenAIRE

Mardha, Amil

2009-01-01

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

Online E-cigarette Marketing Claims: A Systematic Content and Legal Analysis.

Science.gov (United States)

Klein, Elizabeth G; Berman, Micah; Hemmerich, Natalie; Carlson, Cristen; Htut, SuSandi; Slater, Michael

2016-07-01

Electronic nicotine delivery systems (ENDS), or e-cigarettes, are heavily marketed online. The purpose of our study was to perform a systematic identification and evaluation of claims made within ENDS retailer and manufacturer websites, and the legal status of such claims. We employed a systematic search protocol with popular search engines using 6 terms: (1) e-cigarettes; (2) e-cigs; (3) e-juice; (4) e-liquid; (5) e-hookah; and (6) vape pen. We analyzed English-language websites where ENDS are sold for implicit and explicit health-related claims. A legal analysis determined whether such claims are permissible under the US Food and Drug Administration's regulations. The vast majority of ENDS manufacturer (N = 78) and retailer (N = 32) websites made at least one health-related claim (77% and 65%, respectively). Modified risk claims and secondhand smoke-related claims were most prevalent, with an average of 2 claims per site. Health-related claims are plentiful within ENDS manufacturer and retailer websites. Results demonstrate that these sites focus on potential benefits while minimizing or eliminating information about possible harmful effects of ENDS. These claims are subject to the current regulatory authority by the FDA, and pose a risk of misinforming consumers.

Legal regulation of protection of animals against cruelty

OpenAIRE

Spurná, Jana

2006-01-01

Diploma thesis: Legal regulation of protection of animals against cruelty This diploma thesis deals with national and transnational legal regulation of the protection of animals against cruelty. It comprises of four chapters. First chapter concerns ethical grounds of given issue and it provides analysis of term "animal welfare". Second chapter contains the most significant transnational legal rules of the protection of animals against cruelty adopted within the Council of Europe or the Europe...

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

Science.gov (United States)

Beran, Roy G

2010-04-01

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

Institutional capacity and climate actions. Summary paper

International Nuclear Information System (INIS)

Willems, S.

2004-01-01

The aim of this paper is to explore the role of institutional capacity in selecting the most appropriate climate actions. More specifically, it investigates why, for some countries, institutional capacity may need to be considered as an important criterion for selecting future climate actions, alongside environmental, economic and/or political considerations. This paper is a synthesis of results of an OECD/IEA project undertaken in 2003 for the Annex I Expert Group, which led to several publications, namely a framework paper on Institutional Capacity and Climate Actions, three national cases studies, respectively on Mexico, India and Bulgaria, as well as a paper assessing the status of national inventory preparation in Annex I and non-Annex I Parties (OECD/IEA, 2003). The paper argues that the very nature of a country's institutional development suggests a progressive approach to climate actions, which takes into account the specificity of a country's existing institutional setting. More specifically, substantial changes in a country's existing institutions are likely to be required when particular levels or types of institutional capacities need to be developed, for example when these changes affect public governance as a whole. Finally, particular forms of actions may require significant changes in a country's institutional setting. For example, legally-binding quantified national targets tend to require significant institutional development in all functions of climate policy. With other approaches, such as those based on non-binding targets, sectoral targets or policies and measures, institutional development may be more progressive and targeted. Thus, when considering particular forms of climate actions, countries might benefit from investigating what kind of institutions are likely to be needed and whether they will be able to develop sufficient capacity in time to implement these actions. Overall, this analysis suggests a step-by-step, dynamic model for

Toward a Structural Model of Organizational-level Institutional Pluralism and Logic Interconnectedness

DEFF Research Database (Denmark)

Jancsary, Dennis; Meyer, Renate E; Höllerer, Markus A.

2017-01-01

as a nexus of organizational role identities and counterroles. The structure of such a nexus reveals degrees of differentiation and interconnectedness between logics as well as distinct interfaces. We validate and further develop our model through qualitative content analysis and semantic network analytical...... methods applied to the website of a large organization. Our study contributes to recent literature on institutional pluralism by further specifying the structural aspects of constellations of logics and different types of institutional pluralism (monolithic, fragmented, and modular). Specifically, we show...

THE MANIFESTATION OF THE EUROPEAN CENTRAL BANK’S LEGAL PERSONALITY AT NATIONAL, EUROPEAN AND INTERNATIONAL LEVEL

Directory of Open Access Journals (Sweden)

MONICA ŞAGUNA

2012-05-01

Full Text Available The European Central Bank is one of the world’ s most important central banks, responsible for the monetary policy covering the 17 member States of the Eurozone. Established by the European Union in 1998, it was given the exclusive right to authorize the issue of banknotes within the European Union. The European Central Bank has legal personality under public international law. As article 282, paragraph 3 of the Treaty on functioning of the European Union and article 9, paragraph 1 of the Statute of the European System of Central Banks and of the European Central Bank states, the European Central Bank and the National Central Banks enjoy their own legal personality. The European Central Bank, given its important role in the economic integration, is the single institution of the European Union which has legal personality. This is a premise for it to fulfill its objectives. In this framework, the purpose of my paper is to analyze the effects of the European Central Bank’s legal personality from a complete perspective: at national, European and international level. Therefore the objectives of my study are: an introspection in the concept of legal personality, the identification of the reason why it was entrusted to a single institution of the European Union and a detailed analyze of the effects of the European Central Bank’ s legal personality.

THE ROLE OF INSTITUTIONS ASSISTANT BARRISTER IN THE HISTORY OF RUSSIAN ADVOCACY

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Дмитрий Владимирович Рубинштейн

2015-12-01

Full Text Available The article analyzes the activities of assistant barristers and their role in the history of the Russian Bar system. In particular, the author proves the proposition that in practice assistant barristers were an independent part of the Bar system. They were both jurors and members of private attorney institutions. In this regard, the article describes the main activities of St. Petersburg Council of barristers concerning assistant barristers, in particular their status, legal education, forms of control of their daily practice, etc. Simultaneously, the author pays special attention to the analysis of the creation and improvement of the legal base for assistant barristers’ activities. In the author’s opinion, it was done up to 1917. Particular attentionis paid to the work of the Commission of assistant barristers related to establishing and holding legal conferences at which there were delivered lectures and discussed essays on various topical issues of law practice.

Legal Hybrids

DEFF Research Database (Denmark)

Herrmann, Janne Rothmar

2009-01-01

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

Economic management model of nuclear power plant research institute

International Nuclear Information System (INIS)

Schultz, O.

1993-01-01

Brief information about the development of economic management and processing of economic information in the Nuclear Power Plants Research Institute Trnava is given in the paper. The existing economic management model of the Institute impacts positively the fulfillment of economic indicators. When applying this model, activities of individual divisions are emphasized and presentation of the Institute as a global professional capacity is suppressed. With regards to this influence, it will be necessary to look for such system elements that will impact the integrity of the Institute in the future period positively

Legal and Economic Aspects of the Macedonian Model of Franchising

OpenAIRE

Sotiroski, Ljupco; Filiposki, Oliver

2016-01-01

Franchising is done by global regulatory framework and has an impact to the national legal sources. This article aims to emphasize the importance and functionality of the legal and economic aspects of the Macedonian franchising module and practice. In respect of Macedonian case, the franchising mechanism is getting direct consequences of the national trade in the small and still developing Macedonian economy. The envisaged paper explores various options for national regulation in light of exi...

Institutional Structure and International Competitiveness Relationship in Developed Countries

Directory of Open Access Journals (Sweden)

Aynur Yıldırım

2016-06-01

Full Text Available This study analyzes the effects of institutional structure on the international competitiveness of developed countries econometrically by employing a “Panel Data Analysis” with a sample of 21 developed countries and 23 institutional variables for the period 2000-2011. The results of the analysis indicate that while judicial independence, protection of intellectual property rights, integrity of the juridical system, marginal tax, political freedoms, black market exchange rate, restrictions on foreign investment, private sector’s share in the banking system, hiring-minimum wage, and hiring-dismissal have a positive effect; the nature of legal arrangements, government spending, transfers and subsidies, civil liberties, tariffs, regulations regarding trade barriers, collective bargaining, and military tutelage have a negative effect on the international competitiveness of developed countries.

Medico-legal issues in breast imaging

Energy Technology Data Exchange (ETDEWEB)

Purushothaman, H.N., E-mail: hema.purushothaman@bartsandthelondon.nhs.uk [Department of Radiology, St Bartholomew' s Hospital, London (United Kingdom); Wilson, R. [Department of Radiology, The Royal Marsden Hospital, Sutton, Surrey (United Kingdom); Michell, M.J. [Department of Radiology, King' s College Hospital, London (United Kingdom)

2012-07-15

Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

Medico-legal issues in breast imaging

International Nuclear Information System (INIS)

Purushothaman, H.N.; Wilson, R.; Michell, M.J.

2012-01-01

Aim: To identify medico-legal issues that occur in the diagnosis and radiological management of breast disease and to propose measures to reduce the risk of patient complaints and legal action in breast radiology and diagnosis. Materials and methods: Institutional review board approval was not applicable for this study. A retrospective study was undertaken and records of 120 medico-legal investigations over a 10 year period were examined. The reports were compiled by two consultant breast radiologists. Results: The mean age of the patients represented in this study was 48.3 years. The main complaint in this series was a delay in diagnosis (92%) followed by inappropriate or inadequate treatment (8%). 81% of cases were patients who had presented to the symptomatic clinic. The main presenting symptom was a palpable lump (65%). Substandard care was cited in 49/120 cases (41%). The mean average delay in diagnosis was 15.6 months. Of the cases cited as substandard care, 61% were considered the fault of the radiologist and 14% considered the fault of the breast surgeon. Of the cases where the radiologist was considered to be at fault, microcalcification was the most common mammographic sign to be missed or misinterpreted (12/26 cases, 46%). Conclusion: The most common complaint in this series was delay in diagnosis with microcalcification being the main mammographic sign that was either not seen or misinterpreted by the radiologist. Clear and precise written protocols are recommended for all breast imaging practice to ensure that medico-legal investigations will be greatly reduced.

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

International Nuclear Information System (INIS)

Amil Mardha

2009-01-01

In Indonesia, the process of legal drafting to establish the regulation is based on the Act No. 10 Year 2004 on the Establishment of Legislation. The process shall comply with the constitutional and institutional requirements of national political and legal system. In drafting the development of the regulation of nuclear energy, BAPETEN has been involving some other agencies or other related government agencies, and stakeholders such as utility, academic institutions, and publics. In general, in the process of legal drafting, international publications or other country regulations can be a reference and adopted. In the establishment of the regulations of nuclear energy, BAPETEN has issued some Government Regulations and Chairman Regulations of BAPETEN. For nuclear safety of NPP, the regulations have not been completed yet, but some regulations related in the area of siting of NPP have been already available. In this paper, it is discussed the process of the establishment of legislation and of the legal drafting nuclear regulation of NPP, and the current status of NPP regulations. (author)

Radiographic investigations during medico-legal autopsies

Energy Technology Data Exchange (ETDEWEB)

Bratzke, H.; Schneider, V.; Dietz, W.

1982-04-01

During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described.

Radiographic investigations during medico-legal autopsies

International Nuclear Information System (INIS)

Bratzke, H.; Schneider, V.; Dietz, W.

1982-01-01

During the last 13 years (1968-1980), 427 radiographic examinations were carried out during the course of medico-legal autopsies at the Institute of Forensic Medicine at the Free University of Berlin. Important problems were the demonstration of retained foreign bodies resulting from shooting, stabbing or blunt trauma, bone injuries, identification, and the question of life in neonates. An historical survey is given and 12 cases with special forensic problems are illustrated and discussed, and further means of investigations are described. (orig.) [de

Legal weight truck cask model impact limiter response

International Nuclear Information System (INIS)

Meinert, N.M.; Shappert, L.B.

1989-01-01

Dynamic and quasi-static quarter-scale model testing was performed to supplement the analytical case presented in the Nuclear Assurance Corporation Legal Weight Truck (NAC LWT) cask transport licensing application. Four successive drop tests from 9.0 meters (30 feet) onto an unyielding surface and one 1.0-meter (40-inch) drop onto a scale mild steel pin 3.8 centimeters (1.5 inches) in diameter, corroborated the impact limiter design and structural analyses presented in the licensing application. Quantitative measurements, made during drop testing, support the impact limiter analyses. High-speed photography of the tests confirm that only a small amount of energy is elastically stored in the aluminum honeycomb and that oblique drop slapdown is not significant. The qualitative conclusion is that the limiter protected LWT cask will not sustain permanent structural damage and containment will be maintained, subsequent to a hypothetical accident, as shown by structural analyses

Dying to starve: A comparative analysis of legal aspects relating to ...

African Journals Online (AJOL)

The authors explore the legal complexities surrounding the force-feeding of anorexic patients. Due to the myriad of difficulties relating to anorexia nervosa, treatment is intricate. The aim of this exposition is to clarify legal issues of consent and self-determination, with regard to both adult and minor patients. In addition, the ...

Restitution in the context of institutional lock-in

Directory of Open Access Journals (Sweden)

Załęczna Magdalena

2014-01-01

Full Text Available This article presents the problem of lack of restitution in Poland in the political, social and economic context. The author presents the theory of institutional lock-in, referring to the hitherto course of the political, social and economic transformation processes in Poland. She is focusing on the research problem in form of an institutional lock-in on the route to general restitution process. The author examines the path shaping and path dependence to understand the current negative attitude toward restitution presented by the government and society. The author also indicates the costs caused by lack of restitution. Through analysis of past attempts of restitution regulations the author indicates the most important flashpoints. A hypothesis constructed by the author focuses on the negative effects of institutional lock-in, lack of restitution increases transaction costs influencing the Polish economy. The study is based on the legal documents and the results of public opinion polls.

Regional Legal Assistance

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Abdul Fatah

2015-06-01

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

Institutional Determinants of International Production in Russia

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N A Volgina

2009-06-01

Full Text Available The article analyses institutional determinants of foreign direct investment that substantially influences international production in Russia. Author pays special attention on the following determinants as legal infrastructure, protection property rights, including intellectual property, effectiveness of enforcement mechanisms, and corruption. Author comes to a conclusion that without development of proper institutions Russia would hardly expect dynamic development of international production.

BITCOIN - BETWEEN LEGAL AND INFORMAL

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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.

CHILD LABOR ABUSE: LEGAL ASPECTS

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Darko Majhoshev

2016-01-01

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

Changes in Institutional Research in Germany. AIR 1991 Annual Forum Paper.

Science.gov (United States)

Schultz-Gerstein, Hans-G.

This paper recounts the legal, political, and educational changes in former East Germany as the nation has become reunified, and considers the implications of reunification for institutional research at East German universities. After a brief sketch of legal, geographic, and demographic highlights, the decrepit conditions of East German university…

Institutional misfit and environmental change: A systems approach to address ocean acidification.

Science.gov (United States)

Ekstrom, Julia A; Crona, Beatrice I

2017-01-15

Emerging environmental threats often lack sufficient governance to address the full extent of the problem. An example is ocean acidification which is a growing concern in fishing and aquaculture economies worldwide, but has remained a footnote in environmental policy at all governance levels. However, existing legal jurisdictions do account for some aspects of the system relating to ocean acidification and these may be leveraged to support adapting to and mitigating ocean acidification. We refine and apply a methodological framework that helps objectively evaluate governance, from a social-ecological systems perspective. We assess how well a set of extant US institutions fits with the social-ecological interactions pertinent to ocean acidification. The assessment points to measured legal gaps, for which we evaluate the government authorities most appropriate to help fill these gaps. The analysis is conducted on United State federal statutes and regulations. Results show quantitative improvement of institutional fit over time (2006 to 2013), but a substantial number of measured legal gaps persist especially around acknowledging local sources of acidification and adaptation strategies to deal with or avoid impacts. We demonstrate the utility of this framework to evaluate the governance surrounding any emerging environmental threat as a first step to guiding the development of jurisdictionally realistic solutions. Copyright © 2016 Elsevier B.V. All rights reserved.

Does the legalization of medical marijuana increase completed suicide?

Science.gov (United States)

Rylander, Melanie; Valdez, Carolyn; Nussbaum, Abraham M

2014-07-01

Suicide is among the 10 most common causes of death in the United States. Researchers have identified a number of factors associated with completed suicide, including marijuana use, and increased land elevation. Colorado is an ideal state to test the strength of these associations. The state has a completed suicide rate well above the national average and over the past 15 years has permitted first the medical and, as 2014, the recreational use of marijuana. To determine if there is a correlation between medical marijuana use, as assessed by the number of medical marijuana registrants and completed suicides per county in Colorado. The number of medical marijuana registrants was used as a proxy for marijuana use. Analysis variables included total medical marijuana registrants, medical marijuana dispensaries per county, total suicide deaths, mechanism of suicide death, gender, total suicide hospitalizations, total unemployment, and county-level information such as mean elevation and whether the county was urban or rural. Analysis was performed with mixed model Poisson regression using generalized linear modeling techniques. We found no consistent association between the number of marijuana registrants and completed suicide after controlling for multiple known risk factors for completed suicide. The legalization of medical marijuana may not have an adverse impact on suicide rates. Given the concern for the increased use of marijuana after its legalization, our negative findings provide some reassurance. However, this conclusion needs to be examined in light of the limitations of our study and may not be generalizable to those with existing severe mental illness. This finding may have significant public health implications for the presumable increase in marijuana use that may follow legalization.

Legal protection of land from pollution

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Petrović Zdravko

2014-01-01

Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

21 CFR 120.9 - Legal basis.

Science.gov (United States)

2010-04-01

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

Introducing legal method when teaching stakeholder theory

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

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

Legal Protection To The Infotainment Of Press Development In Indonesia

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Anwar Fuadi

2015-08-01

Full Text Available Abstract In the socio-political life the press has become an integral part in democratic life. The press has become one of the means for citizens to bring their thoughts and opinions. Nowadays there is a tendency to increase the quantity of press publications sharp but not accompanied by a statement of the quality of journalism. The objective of this research is to understand the essence of the infotainment liability as a mass media in order to construct a freedom of the press principle which has legitimacy within the legal system of the press in Indonesia. The type of research used in this paper is normative research or also known as doctrinal research by reviewing the legal protection to the infotainment as a mass media in Indonesia. The outcomes of the research indicate that the role of infotainment in the legal system of the press in Indonesia refers to the legal construction of institutional and infotainment organizers itself. Legal liability of Infotainment essentially can be seen from the press obligations stipulated in the Law No. 40 of 1999 regarding the Press Law No. 32 of 2002 regarding Broadcasting as well as the Journalists Code of Ethics which support freedom of the press and expression.

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

Energy Technology Data Exchange (ETDEWEB)

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

2009-08-15

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

Legal principles of regulatory administration and nuclear safety regulation

Energy Technology Data Exchange (ETDEWEB)

Lee, Kyeong Hui; Cheong, Sang Kee [Hannam Univ., Taejon (Korea, Republic of)

2000-12-15

This research presents a critical analysis and evaluation of principles of administrative laws in order to provide framework of structural reform on the nuclear safety regulation system. The focus of this analysis and evaluation is centered around the area of origin of regulatory administrative laws; authorities of regulation; procedures of regulatory actions; regulatory enforcement; and administrative relief system. In chapter 2 the concept of regulatory administration is analysed. Chapter 3 identifies the origin of regulatory administration and the principles of administration laws. It also examines legal nature of the nuclear safety standard. In relation to regulatory authorities. Chapter 4 identifies role and responsibility of administration authorities and institutions. It also examines fundamental principles of delegation of power. Then the chapter discusses the nuclear safety regulation authorities and their roles and responsibilities. Chapter 5 classifies and examines regulatory administration actions. Chapter 6 evaluates enforcement measure for effectiveness of regulation. Finally, chapter 7 discusses the administrative relief system for reviewing unreasonable regulatory acts.

Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

African Journals Online (AJOL)

21892687

http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. .... ...clinical legal education of final year LLB students, with the focus on analytical ..... Spot tests and minute papers can be applied successfully during student ...

Uma análise jurídico-institucional do processo decisório do CADE: superando a racionalidade regulatória econômica / A Legal and Institutional Analysis of CADE’s Decision Making Process: Overcoming the Regulatory Economic Rationality

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Eduardo H. Kruel Rodrigues

2015-04-01

Full Text Available Purpose – This article highlights the need for the conceptual opening of competition law to values other than strictly economic ones, while, at the same time, analyzes, from an institutional point of view, whether CADE has adequate mechanisms for the effective consideration of such values. Methodology/approach/design – Based on the administrative process theory of regulation, the study assesses the institutional environment of CADE’s decision making process from various institutes predicted in the Law no. 12,529/2011. Findings – It was observed that, at least from a legal point of view, CADE has already, in theory, ample space for any interested party to express themselves in its procedures, in addition to the fact that it has already an institutional apparatus that gives it substantial autonomy. However, that the mechanisms of participation and for third party intervention are still shyly used. Practical implications – First, the study highlights the variability of values that should be considered in CADE’s decision making process. Secondly, the study seeks to identify some perspectives for encouraging the participation of third parties, contributing to a more sophisticated decision-making process.

Analysis of legal and economic aspects of precipitation weather derivatives for Serbian agricultural sector

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Veselinović Janko

2014-01-01

Full Text Available Weather derivatives are not present in Serbia nor in the neighbouring countries and have no significant application in the European Union, either. Weather derivatives originated in the USA, where the market for these instruments is most developed, in terms of both economy and law. However, positive effects of their application, through the decrease of influence of unfavourable weather conditions on agricultural crops, are a good basis for their further study. The most common reasons for their absence from our financial market are their complexity and the inexistence of prerequisites for their introduction. This paper analyses legal and economic aspects of weather derivatives, as forms of financial derivatives, as well as weather derivative contracts concluded with the aim of hedging against precipitation exposure. The goal of the analysis is to find an optimal contract structure, but also the conditions that have to be met in order for its signing to be economically justified for both contractual parties, as well as the creation of preconditions for this weather derivative contract to be the instrument of trade on the financial market. The paper also analyses normative frameworks for the conclusion of these derivative contracts, as well as the necessity to educate market participants, which refers both to agricultural producers and financial institutions. Furthermore, it emphasizes the difference in relation to the classical contract of insurance against drought risk.

Information and organization in public health institutes: an ontology-based modeling of the entities in the reception-analysis-report phases.

Science.gov (United States)

Pozza, Giandomenico; Borgo, Stefano; Oltramari, Alessandro; Contalbrigo, Laura; Marangon, Stefano

2016-09-08

Ontologies are widely used both in the life sciences and in the management of public and private companies. Typically, the different offices in an organization develop their own models and related ontologies to capture specific tasks and goals. Although there might be an overall coordination, the use of distinct ontologies can jeopardize the integration of data across the organization since data sharing and reusability are sensitive to modeling choices. The paper provides a study of the entities that are typically found at the reception, analysis and report phases in public institutes in the life science domain. Ontological considerations and techniques are introduced and their implementation exemplified by studying the Istituto Zooprofilattico Sperimentale delle Venezie (IZSVe), a public veterinarian institute with different geographical locations and several laboratories. Different modeling issues are discussed like the identification and characterization of the main entities in these phases; the classification of the (types of) data; the clarification of the contexts and the roles of the involved entities. The study is based on a foundational ontology and shows how it can be extended to a comprehensive and coherent framework comprising the different institute's roles, processes and data. In particular, it shows how to use notions lying at the borderline between ontology and applications, like that of knowledge object. The paper aims to help the modeler to understand the core viewpoint of the organization and to improve data transparency. The study shows that the entities at play can be analyzed within a single ontological perspective allowing us to isolate a single ontological framework for the whole organization. This facilitates the development of coherent representations of the entities and related data, and fosters the use of integrated software for data management and reasoning across the company.

A Case Study of Inter-sentence Conjunctions in Chinese_English Legal Parallel Texts

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Yan Xi

2009-10-01

Full Text Available The present study is a contrastive study of inter-sentence conjunctions in Chinese/English legal parallel texts. Conjunction is one of the five cohesive devices put forward by Halliday and Hasan (1976. Many scholars have applied their model of cohesion to the study of English and Chinese languages. As for the use of conjunction in Chinese and English, most scholars believe that there are more cases of conjunction in the English legal texts than in the Chinese ones because it is generally considered that Chinese is predominantly paratactic and English mainly hypotactic. Besides, up to now little detailed contrastive study has been done on conjunctions in Chinese/English non-literary texts. Legal language is a specialized language whose distinctive feature is the pursuit of precision. As a result of the importance attached to the letter of law and the pursuit of precision in legal texts, most studies on legal language are devoted to the characteristic features of legal language at the word and sentence level, to the exclusion of textual and pragmatic considerations. The present study will mainly look at the features of legal texts from the perspective of conjunction at the textual level and find out whether Chinese uses fewer cases of conjunction than English in legal texts. The Chinese and English legal parallel texts about arbitration rules will be used for this contrastive analysis. It is hoped that the findings of this research will test the explanatory force of hypotaxis and parataxis in the use of conjunction in legal texts and give a clearer picture of conjunction at the textual level in Chinese and English legal parallel texts, and therefore reconstruct the discourse on the Chinese language.

[Legal aspects of the health care institution liability for nosocomial infections].

Science.gov (United States)

Garus-Pakowska, Anna; Szatko, Franciszek; Pakowski, Maciej

2009-01-01

In this paper, the basic concepts concerning the liability of health care institution for nosocomial infections are presented. The principles of ex contracto and ex delicto liabilities, as well as the concept of so-called anonymous guilt are discussed. The range of duties for both the health care institution and the employed medical personnel is indicated, the duties and the consequences of their non-fulfillment are systematized, and the obligatory jurisdiction concerning the functioning of prima facie evidence is considered. The author aimed at explaining the principles governing the civil liability of health care institutions and their employees.

The legal framework for nuclear power stations in the Federal Republic of Germany

International Nuclear Information System (INIS)

Schmidt-Preuss, M.

2008-01-01

Within the range of the power generation the part of nuclear energy amounts 22 % in Germany in the year 2007. The author of the contribution under consideration describes the legal framework for nuclear power stations in the Federal Republic of Germany. The following aspects are described: (a) The atomic law and the completion of the power generation from nuclear energy; (b) The disposal of nuclear wastes; (c) The Euratom contract; (d) The institutional framework for the execution of the atomic energy law; (e) Legal protection opposite atom legal sovereignty documents; (f) future of the atomic law; (g) European Union-Russian partnership agreement and cooperation agreement. In order to guarantee a sustainable power supply for the production of goods and services in a national economy, also the legal framework for nuclear power stations in Germany must be realized

Legal relevance of the purpose of contract in German law

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Dudaš Atila

2013-01-01

Full Text Available Unlike the French Civil code, the German Civil code belongs to the group of so-called anti-causalistic codifications, since it explicitly does not govern the issue of purpose (cause of contract. Due to this very reason, the delineation between abstract and causal juridical acts gains special importance in German law. The German Civil Code governs a number of juridical acts and other acts of legal importance that are abstract in their nature. Among them the abstract nature of the promise to fulfill an obligation (Schuldversprechung and the acknowledgement of a debt (Schuldannerkennung is traditionally considered the most prominent. However, the relation to the purpose for which they are concluded is not entirely interrupted, since in the case of frustration of their purpose, any asset given to the other party is subject to restitution under the rules of unjustified enrichment. The fact that the issue of purpose of contract is not explicitly governed in the German Civil Code, does not lead to the conclusion, though, that it is legally irrelevant. It gains legal relevance in two different aspects: as a licit and as an illicit purpose. On the one hand, juridical acts concluded with the aim to achieve illicit purposes are considered void, for which the Code's sections on the general confines of the principle of freedom of contract serve the statutory basis - such juridical acts infringe the institution of 'good customs' (gute Sitten, usually referred to as public policy, while the performance of other factual or legal acts in order to achieve illicit purposes are sanctioned under the rules of unjustified enrichment. On the other hand, lawful purposes of the parties gain legal relevance in relation to a range of various institutions. Concerning some of them the Code itself contains formulations implying the necessity to ascertain the purpose of contract, while in other cases the case law and the doctrine have come to such conclusion. The determination

Teacher evaluation system, institutions of technology higher education: quality guidelines

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Laura Belkis Parada Romero

2016-01-01

Full Text Available Due to the globalization of education, it has become prevalent to strengthen the quality systems to ensure that educational actors in higher education institutions are the best. In this context teachers are given a main role since they are cornerstones in educational processes. Currently, teacher quality is assessed through an assessment or evaluation system. Almost every university evaluates its teachers, but there is no legal regulation on how to do it, in most institutions there is a professional in charge of designing and applying assessment instruments according to the authors he/she prefers. In most universities, on the one hand, it is used a traditional questionnaire aiming to collect data about dimensions associated with teaching, on the other hand, there is another option in which assessment models include self-evaluation, as in some cases in Chile. That’s why one of the concerns of this research is to propose guidelines for a more qualitative and formative assessment not exclusively following political parameters –based on administrative decisions–, but following emerging proposals with a deeper analysis. Nowadays the main actors in teacher evaluation are teachers, students and administrative staff, every six months these actors are evaluated by using an assessment tool that they usually do not know. The research investigates the perception actors in teacher evaluation have regarding its objectives, methods and stages, so they put forward ideas on how to restructure the current institutional assessment and propose improvements aiming at both the quantitative aspect and the qualitative analysis of performances and skills.

Agent-based Modeling Simulation Analysis on the Regulation of Institutional Investor's Encroachment Behavior in Stock Market

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Yang Li

2014-05-01

Full Text Available Purpose: This study explores the effective regulation of institutional investor's encroachment behavior in stock market. Given the theoretical and practical importance, the present study examines the effect of the self-adaptive regulation strategy (adjusting the regulation factors such as punishment and the probability of investigating successfully in time for the sake of the small & medium-sized investor protection.Design/methodology/approach: This study was carried out through game theory and agent-based modeling simulation. Firstly, a dynamic game model was built to search the core factors of regulation and the equilibrium paths. Secondly, an agent-based modeling simulation model was built in Swarm to extend the game model. Finally, a simulation experiment (using virtual parameter values was performed to examine the effect of regulation strategy obtained form game model.Findings: The results of this study showed that the core factors of avoiding the institutional investor's encroachment behavior are the punishment and the probability of investigating successfully of the regulator. The core factors embody as the self-adaptability and the capability of regulator. If the regulator can adjust the regulation factors in time, the illegal behaviors will be avoided effectively.Research limitations/implications: The simulation experiment in this paper was performed with virtual parameter values. Although the results of experiment showed the effect of self-adaptive regulation, there are still some differences between simulation experiment and real market situation.Originality/value: The purpose of this study is to investigate an effective regulation strategy of institutional investor's encroachment behavior in stock market in order to maintain market order and protect the benefits of investors. Base on the game model and simulation model, a simulation experiment was preformed and the result showed that the self-adaptive regulation would be effective

Representation and Non-representation of Knowledge Mediation in Legal Contracts

DEFF Research Database (Denmark)

Larsen, Aase Voldgaard

takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult......In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... for the layman. Some legal experts, however, take these problems into account and mediate the legal knowledge that the layman is expected to be lacking in the wording of the legal contract. Using methods of text analysis, this paper explores the ways in which this is done. On the one hand, it is seen...

Legal Frontiers in the Global Dissemination of Technology and Knowledge: Three Case Studies

DEFF Research Database (Denmark)

Tang, Yi Shin

2008-01-01

This article explores a few alternatives to the traditional legal and economic theories regarding the problem of global dissemination of knowledge and technology to developing countries. In particular, it examines three cases in which the classical notion of intellectual property rights seems...... to have been exploited in favor of developing countries, both through its conventional application and through more flexible views of such legal institution. The first case deals with the phenomenon of peer production through electronic networks; the second discusses the regulation of trademarks...... in the context of collective rights; and finally, the third case tackles the recent problem of the so-called "abandonwares" and its implications of economic and legal nature....

The Control of the Legality of Administrative Activity through the Court of Justice of the European Union

Directory of Open Access Journals (Sweden)

Goga Gina Livioara

2010-06-01

Full Text Available According to the law of the European Union, in case one of the institutions of the Union or an organ, office or agency belonging to the Union refrains from making a decision, the member states and theother institutions of the Union are entitled to make a notification to the Court of Justice of the European Union. The Court has the competence to verify the legality of the legislative acts of the institutions, offices, organs or agencies of the Union that are meant to produce judicial effects towards third parties and iscompetent to pronounce itself, by preliminary decision regarding the interpretation of the treaties, namely the validity and interpretation of acts adopted by the institutions, offices, organs or agencies of the Union. Also, according to the primary treaties, any legal issues related to the non- fulfillment of the treaty’s provisions, non compliance with the community legislation, not executing the decisions of the Court of Justice or non compliance with the terms of an agreement between the EU and a third state, as well as the legal aspects related to the application of penalties based on the regulations of the EU, contractual and extra contractualliability are subordinated to the control of the Unions’ judicial instance.

Institutions and Technological Learning: Public-Private Linkages in Agricultural Research in Brazil and Argentina

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Marcos Paulo Fuck

2009-07-01

Full Text Available The article discusses the institutional arrangements and forms of organization of agricultural research in Brazil and Argentina. The analysis focuses on Embrapa in the Brazilian case and INTA in the Argentinian case. Emphasis is laid on the two institutions’ policies regarding intellectual property and technology transfer. The aim is to contribute to the debate about how to conceptualize the co-evolution of organizations considering the technical, scientific, legal, regulatory, economic and other contexts in which they operate, reinforcing the idea of learning and that economic institutions do not just evolve but co-evolve.

Structured behavioral interview as a legal guarantee for ensuring equal employment opportunities for women: A meta-analysis

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Pamela Alonso

2017-01-01

Full Text Available Abstract Equal employment opportunities for women are a legal requirement in many legal environments, including the United States (US and European Union (EU legislations. In this context, indirect discrimination in the access to jobs is an illegal practice. For this reason, personnel selection procedures must be fair for protected-by-law groups. Specifically, gender discrimination is the focus of research on employment interviews. This article presents a meta-analysis of gender differences in the scores in structured behavioral interviews (SBI. A database was created consisting of studies conducted with real candidates and employees. Psychometric meta-analysis methods were applied. The results showed that the SBI is fair for women and men and does not show evidence of adverse impact and indirect discrimination. Implications for the practice of personnel selection are discussed and future research is suggested.

Legal, administrative and financial aspects of long term management of radioactive waste

International Nuclear Information System (INIS)

Strohl, Pierre.

1978-01-01

Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

The model of the protection of rights concerning financial institutions and their clients in the field of the EU financial supervision

Directory of Open Access Journals (Sweden)

Patrycja Zawadzka

2017-09-01

Full Text Available The purpose of this article is to consider the EU system of protection of rights of a broadly understood financial institutions and users of financial services. A comprehensive description of client protection would considerably exceed the framework of this paper. Nevertheless, the author addresses two issues: firstly, a model of verification concerning financial market decisions, which was adopted by the EU and, secondly, a normative position of the Court of Justice of the European Union (CJEU in the EU legal system. It essential to show a relationship between the European Supervisory Authorities and the CJEU, as well as the practice heretofore regarding an application of the law within the scope of this article.

Institutions and Bank Performance; A Stochastic Frontier Analysis

NARCIS (Netherlands)

Lensink, B.W.; Meesters, A.

2014-01-01

This article investigates the impact of institutions on bank efficiency and technology, using a stochastic frontier analysis of a data set of 7,959 banks across 136 countries over 10 years. The results confirm the importance of well-developed institutions for the efficient operation of commercial

Institutions and bank performance : A stochastic frontier analysis

NARCIS (Netherlands)

Lensink, Robert; Meesters, Aljar

This article investigates the impact of institutions on bank efficiency and technology, using a stochastic frontier analysis of a data set of 7,959 banks across 136 countries over 10 years. The results confirm the importance of well-developed institutions for the efficient operation of commercial

AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

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Saša Zupan Korže

2018-05-01

Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.

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.

Institutional "transition" and "post-communist" changes in Romania: Notes for an anthropology of transparency

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Mihailesku Vintila

2004-01-01

Full Text Available "Transition" and post-communist change in European countries may be approached mainly as an oriented institutional change. We may thus get an important insight in a post-communist country’s state of art looking at the way theses mandatory institutional changes have been mastered. The very fact of social life is rooted in mutual expectations (Mauss, 1934. In a broad sense, even institutions were considered to concern all the mutual and stable expectations between actors involved in interaction (Parsons, 1960. In a more analytical sense, one has to distinguish different layers of expectation mastering, from the general categorization of symbolic systems to the legal level of institutional conventions (Douglas, 1986. This institutional legal (not necessary in the modern juridical sense mastering of people’s expectations provides (more or less assurance, as different of trust, more likely to be (more or less developed in interpersonal mastering of expectations via social networks. According to this theoretical scheme one may look at the way and degree institutional change has produced complementary change in people’s expectations, internalized as assurance concerning the institutional functioning. In order for this to succeed institutional change has to be sufficiently "transparent", meaning that the expectations linked to institutional change have to be as much as possible comprehensive, stable and to "make sense" for the population. It turns out that, in the case of Romania, there is a high lack of: - legal transparency (concerning the very legal stake of the institutional change - moral transparency (concerning the truthfulness of the promoters of this change - strategic transparency (concerning the lasting strategies of this change - cognitive transparency (concerning the "sense" of this change The main outcomes may be considered the following ones: - structural corruption ("cleptocracy" - very low rate of trust ("assurance" - short term

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

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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.

Institutional Evolution and Corporate Boards

DEFF Research Database (Denmark)

Chen, Victor Zitian; Hobdari, Bersant; Sun, Pei

2014-01-01

We argue that corporate boards are a dynamic repository of human- and social capital in response to external institutional evolution. Theoretically, integrating institutional economics, agency theory and resource dependence theory, we explain that evolution of market-, legal- and political......, since the board changes are typically proposed by the block shareholders, whose motivation for doing so is closely associated with a corporation’s financial performance, we further argue that financial performance is a key moderator of the relationships between institutional evolution and changes...... institutions restructures the particular context in which board members play their two primary roles: monitoring the CEO on behalf of the shareholders, suggested by the agency theory, and supporting the CEO by providing resources, knowledge and information, suggested by the resource dependence theory...

The use of 'macro' legal analysis in the development of global environmental governance

OpenAIRE

Turner, Stephen

2016-01-01

This talk will discuss the challenges that are faced by lawyers in assessing the constituent elements of global environmental governance. It takes into account the different and sometimes disparate approaches that have been taken to the subject and the different interpretations of the term ‘global environmental governance’ itself. It suggests that in the face of such challenges an approach which includes ‘macro’ legal analysis should be developed to ensure that all relevant factors are includ...

Health Manpower Credentialing: Legal Implications of Institutional Licensure. Health Manpower Policy Discussion Paper Series No.: C3.

Science.gov (United States)

Crane, Stephen

The objective of this analysis is to outline in broad fashion the current trends and issues in the licensure of health manpower and to contrast two proposed alternative systems of credentialing that focus on licensure of health care institutions instead of individual health care providers. The argument of the analysis is that the current system of…

[Legal aspects and the treatment procedure of gender dysphoria in Hungary].

Science.gov (United States)

Kórász, Krisztián

2015-07-26

The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

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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.

Institutions and Modernity

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Witold Morawski

2013-09-01

Full Text Available Purpose: Modernity consists of many confl icting aspects: It brings many empty promises, yet has resulted in new institutions that create bridges between the values and interests of millions of people who seek freedom, prosperity, quality of life, strengthened democracy and social justice. In this paper I attempt to a gain and loss account against modernity, because institutional rules are not only conducive to cooperative interactions, but to hostile interactions as well. People are not always guided by moral commitment, but rather more often driven by cold calculation or coercion.Methodology: Modernity has at least three defi nitions. The fi rst defi nition is based on ideas that took over the imagination of the era. The second defi nition is based on an analysis of the behavior of people who respond to reason as well as emotion and believe that they act more rationally than their ancestors or the traditional “others”. The third defi nition is the one closest to my heart, consisting of the use of institutional categories. Institutions offer practical ways of connecting ideas and people. The challenge for them is the result of deepening local and national interdependencies, but increasingly often also regional (e.g. European and global. Interdependencies are the result of the scientifi c and technological revolution, global markets, global governance mechanisms, the emergence of new social forces and cultural confl icts (against the background of reconciling identity and differences.Conclusions: The most important task is to identify the mechanisms of complex systems so that people know how to act under conditions of uncertainty, risk and crisis. Hence, the expectations toward institutions often exceed their abilities. Even though new institutions are being created and old ones are being fixed, we are witnessing and participating in, institutional paralysis and the decay (e.g. corruption. In this situation, it is imperative not only to

Relationship Marketing in Legal Services Marketing Strategy

OpenAIRE

Audronė Androšiūnaitė; Borisas Melnikas

2013-01-01

The article defines the concept of professional services and evaluates the extent, to which legal services could be understood as professional services. In addition, literature analysis in the relationship marketing is presented as well as conclusions on the method for the use of relationship marketing in the development of legal services marketing strategy. Strategies of professional services marketing are completely different from other services marketing because of relations with current c...

ORGANIZATIONAL AND LEGAL STUDY OF THE CIRCULATION OF THE COMBINED MEDICINES CONTAINING DEXTROPROPOXYPHENE

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Shapovalov VV

2016-03-01

dekstropropoksyfen-containing medicines should be discharged on a single prescription form F-1. To streamline the rules trafficking controlled drugs, which include controlled narcotic, have restrictions on their circulation stages of prescribing and dispensing, which is associated with quantitative content of psychoactive substances. Thus, for controlled medicines containing in its composition dekstropropoksyfen amount set for delivery in one recipe is not more than 0.6 grams of narcotic drug (p. 1.22.2 Order. In order to control the traffic of controlled medicines containing in its composition dekstropropoksyfen, regardless of its quantity and dosage form, all dekstropropoksyfen-containing medicines be subject-quantifiable in health care institutions that adopted Annex 3 of this order. Conclusions. During the organizational and legal studies analyzed the current pharmaceutical legislation-governing circulation of combined dextropropoxyphene-containing medicines. The particularities of the prescription of dextropropoxyphene-containing medicines were shown. On the example of the medicine of "Spazmoleks" showed the change in the regulatory framework of the combined circulation of the medicines and changing availability dextropropoxyphene-containing medicines for forensic and pharmaceutical criteria of "control mode". During the organizational and legal research conducted a retrospective analysis of prescription turnover dextropropoxyphene-containing medicines. According to the analysis revealed that these drugs are sold from pharmacies and structural units by the prescription F-1. Furthermore, according to existing pharmaceutical legislation it is possible to write and dispense recipe of the F-1 in combined dextropropoxyphene medicaments in an amount of more than 0.6 g in the case when packing products contains not more than 50 tablets. It was fixed that today dextropropoxyphene-containing medicines are subject-quantifiable. In the format of organizational and legal studies analyzed

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…

Legal aspects of nuclear law in Colombia and Latin America

International Nuclear Information System (INIS)

Mora M, M.; Pinzon A, J.

1984-01-01

I this thesis area studied the legal aspects of atomic energy, both nationally and internationally; furthermore its made a historical tour of the use of atomic energy in topic as medicine, industry, atomic energy generation and environmental aspects related of energy atomic, and name some institutes that can work in Colombia in this aspects

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

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Laki Ildikó

2015-03-01

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

Institutional Assessment of Environmentally Oriented Subsoil Use

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Irina Gennadyevna Polyanskaya

2017-06-01

Full Text Available The article solves two relevant problems related to the implementation of the institutional assessment of environmentally oriented subsoil use: 1 the definition of the ‘environmental security’ and 2 the determination of the development level of institutional bases of environmentally oriented subsoil use including the institutional capacity of subsoil use and institutional capacity of environmental security. The article shows an analysis of the existing definitions of “environmental security” and offers the own one. Despite the significant national and foreign experience in the institutional capacity assessment of various processes, there are still some difficulties in defining and measuring the institutional capacity. We eliminate these difficulties by employing 1 original factors, previously identified, and the content of the “institutional capacity” term; 2 quality characteristics for the institutional capacity assessment of the process regulated at the macroeconomic level, and 3 a consistent methodological tool for the institutional assessment of environmentally oriented subsoil use. The study is based on the hypothesis of the necessity of legal and discreet state intervention in the process of subsoil use. Therefore, we identify the evaluation indicator of state regulation in the environmentally oriented subsoil use as the institutional capacity level calculated by using the fuzzy-set theory. As a result, the institutional capacity levels of the environmentally oriented subsoil use have been defined for both the transport corridor «Arctic-Central Asia» and for the countries composing it. The obtained values of the assessment of institutional capacity levels of the environmentally oriented subsoil use can serve as a basis for identifying the vector of its increase

Formalization, implementation, and modeling of institutional controllers for distributed robotic systems.

Science.gov (United States)

Pereira, José N; Silva, Porfírio; Lima, Pedro U; Martinoli, Alcherio

2014-01-01

The work described is part of a long term program of introducing institutional robotics, a novel framework for the coordination of robot teams that stems from institutional economics concepts. Under the framework, institutions are cumulative sets of persistent artificial modifications made to the environment or to the internal mechanisms of a subset of agents, thought to be functional for the collective order. In this article we introduce a formal model of institutional controllers based on Petri nets. We define executable Petri nets-an extension of Petri nets that takes into account robot actions and sensing-to design, program, and execute institutional controllers. We use a generalized stochastic Petri net view of the robot team controlled by the institutional controllers to model and analyze the stochastic performance of the resulting distributed robotic system. The ability of our formalism to replicate results obtained using other approaches is assessed through realistic simulations of up to 40 e-puck robots. In particular, we model a robot swarm and its institutional controller with the goal of maintaining wireless connectivity, and successfully compare our model predictions and simulation results with previously reported results, obtained by using finite state automaton models and controllers.

The War in Afghanistan: A Legal Analysis

Science.gov (United States)

2009-01-01

parts of the legal environment. Al Qaeda’ s agents and franchisees often operate across political boundaries and may be independent of or have only...with illicit drug money and benefitting from either indifferent or actively sympathetic elements in some contiguous States, rein- forced its control...occupation forces failed in their attempts to pacify the country. A major reason for this failure was that the mujahedin benefitted from US weapons and

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. 

The role of law as an instrument of communication within legal positivism

OpenAIRE

Claudiu Ramon D. Butculescu

2015-01-01

This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

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Beata Świątkowska

2013-10-01

Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

Institutional sexism: An obstacle to an effective protection against domestic violence

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Petrušić Nevena

2015-01-01

Full Text Available The subject of this paper is an analysis of the social treatment of victims of domestic violence and their institutional treatment in the context of gender stereotypes, prejudices and discriminatory attitudes, which are deeply rooted and widely spread among professionals involved in the prevention and prosecution of domestic violence. The aim of the paper is to point out how, and in what way institutional sexism becomes a barrier to effective prevention, prosecution and sanctioning of domestic violence and the cause of discrimination of victims of this form of violence in the exercise of the right to legal protection. In this context, the current situation in Serbia has been observed in light of the international standard of “due diligence”, which is normatively operationalized in Istanbul Convention (2011. From the perspective of this standard, the authors discuss the standpoints of the CEDAW Committee as well as the latest opinion of the European Court of Human Rights in the verdict of the case Eremia and others v. Moldova (2013, which was the first time that the Court held that institutional sexism was the main reason for the state authorities’ failure to provide adequate legal protection against domestic violence. The authors underscore that the state action on the recognition, demystification and eradication of the deeply rooted institutional sexism is one of the key prerequisites for an effective prevention of domestic violence in compliance with the international “due diligence” standard. [Projekat Ministarstva nauke Republike Srbije, br. 179046: Zaštita ljudskih i manjinskih prava u evropskom pravnom prostoru

Developing Law Students' Communicative-Linguistic Competence: Analysis of Eight Spanish Legal Textbooks from a Sociopragmatic Perspective

Science.gov (United States)

Ramos, Joseba Ezeiza

2015-01-01

This article presents a study carried out on eight Spanish legal textbooks in order to draw up an inventory of educational resources available to support the development of law students' communicative competence, taking into account the law degree curricula at Spanish universities (Ezeiza Ramos forthcoming a, forthcoming b). The analysis was…

Competence Model and Modern Trends of Development of the Russian Institute of Technical Customer

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Mishlanova Marina

2017-01-01

Full Text Available Article considers modern maintenance and development of the management actor by the investment-construction projects of the technical customer. Urgent problems of the formation of Institute of the technical customer establishment are allocated. Elementary competence model is presented: based competences of technical customer, model of the primary competence, example of the operational level of the model. Analysis of the development of the Institute of the technical customer was performed: compliance with current realities of investment-construction activities, improvement of contractual relations, compliance with international standards, state participation, creation of the single technical customer. Necessity of development of competence models for the urgent justification of professional standards is assessed. The possibility of modeling of the competencies and functions of technical customer in approach to the FIDIC-model was revealed. Possibility of usage of the competence model of the technical customer on the stage of building in terms of public-private partnership. Results show the direction for further researches.

Comment_Some Thoughts on the Organization of legal Practice in ...

African Journals Online (AJOL)

Tameru Wondim Agegnehu

professional business associations including the legal practice.2. Key terms. Legal practice, limited .... comparative Analysis (unpublished), a term paper for the LLM class, Law School, AAU,. 2002. .... 943/16 Art.6/11 Neg. Gaz 22nd Year No.

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

Directory of Open Access Journals (Sweden)

Roberto Muhájir Rahnemay Rabbani

2016-08-01

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

UTC(SU) and EOP(SU) - the only legal reference frames of Russian Federation

Science.gov (United States)

Koshelyaevsky, Nikolay B.; Blinov, Igor Yu; Pasynok, Sergey L.

2015-08-01

There are two legal time reference frames in Russian Federation. UTC(SU) deals with atomic time and play a role of reference for legal timing through the whole country. The other one, EOP(SU), deals with Earth's orientation parameters and provides the official EOP data for scientific, technical and metrological applications in Russia.The atomic time is based on two essential hardware components: primary Cs fountain standards and ensemble of continuously operating H-masers as a time unit/time scale keeper. Basing on H-maser intercomparison system data, regular H-maser frequency calibration against Cs standards and time algorithm autonomous TA(SU) time scale is maintained by the Main Metrological Center. Since 2013 time unit in TA(SU) is the second (SU) reproduced independently by VNIIFTRI Cs primary standards in accordance to it’s definition in the SI. UTC(SU) is relied on TA(SU) and steering to UTC basing on TWSTFT/GNSS time link data. As a result TA(SU) stability level relative to TT considerably exceeds 1×10-15 for sample time one month and more, RMS[UTC-UTC(SU)] ≤ 3 ns for the period of 2013-2015. UTC(SU) is broadcasted by different national means such as specialized radio and TV stations, NTP servers and GLONASS. Signals of Russian radio stations contains DUT1 and dUT1 values at 0.1s and 0.02s resolution respectively.The definitive EOP(SU) are calculated by the Main Metrological Center basing on composition of the eight independent individual EOP data streams delivered by four Russian analysis centers: VNIIFTRI, Institute of Applied Astronomy, Information-Analytical Center of Russian Space Agency and Analysis Center of Russian Space Agency. The accuracy of ultra-rapid EOP values for 2014 is estimated ≤ 0.0006" for polar motion, ≤ 70 microseconds for UT1-UTC and ≤ 0.0003" for celestial pole offsets respectively.The other VNIIFTRI EOP activities can be grouped in three basic directions:- arrangement and carrying out GNSS and SLR observations at five

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

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Adam Drozdek

2017-06-01

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

Anti-Spam Legislation in Consideration of Personal Data Protection and Other Legal Instruments

Czech Academy of Sciences Publication Activity Database

Matejka, Ján

2016-01-01

Roč. 6, č. 2 (2016), s. 90-114 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : spam * personal data protection * e- marketing Subject RIV: AG - Legal Sciences

The Legal Case

NARCIS (Netherlands)

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

2013-01-01

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

[Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

Science.gov (United States)

Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

2012-01-01

The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

Legal control of large technical projects

International Nuclear Information System (INIS)

Papier, H.J.

1981-01-01

More legal security, acceleration of court procedures, a fair consideration of the interests of the permission recipients, avoidance of any kind of political usurpation, as well as the attempts of judges not to present an amateuriser scientific-technical indepth-knowledge cannot be accomplished via Sporadic appeals with partially para-legal reservedness. This also goes for those frantic attempts to institute socalled ''norm selections'', and for efforts of attempting to influence objective rights by modifying grounds for contestation. What is needed is a legistation that, especially in the area of large industrial plants, exerts appropriate statuatory influence. So far, this has not been the case. It is up to the legislation to define permission standards, have them assessed and judged by experts, and harmonize them with the appropriate procedural rights. If this is done, the power of balance with regards to large industrial plants will be re-established. Curtailment of the lengthy process of official channels must also be considered. If a preliminary administrative procedure is already formalized, a second fact-establishing instance should be waived. (orig./HP) [de

THE SUSPENSION OF CRIMINAL INVESTIGATION IN THE EVENT OF INCIDENCE OF A TEMPORARY LEGAL IMPEDIMENT

Directory of Open Access Journals (Sweden)

Nadia Claudia CANTEMIR – STOICA

2018-05-01

Full Text Available The criminal investigation is the first stage of the criminal proceeding, necessary to be carried out under legality, so as to collect the necessary evidence to find the truth in order to prosecute or not to prosecute a person subject to the criminal investigation. Sometimes, depending on the quality at the time the criminal offense was committed or on the occasion of the investigations, it is not possible to order the criminal proceedings to be initiated, given that there is a temporary legal impediment. The present study aims to bring to the debate the theoretical and practical elements regarding the institution of temporary legal impediment

What Do Transgender Women’s Experiences Tell Us about Law? Towards an Understanding of Law as Legal Complex

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Esen Ezgi Tascioglu

2011-01-01

Full Text Available Based on ethnographic study conducted in Istanbul, this thesis investigates the effects of law and legal operations on transgender women’s sex work and daily lives, and seeks to disentangle the multidimensional ways through which they and their conduct are governmentalized by law in Turkey. The first part of the thesis discusses the legal dynamics surrounding transgender sex work and delineates how transgender women are expulsed from regulated sex work by the interaction of the socially produced desire around their bodies and law. Led to work outside the regulated sex trade, transgender women navigate spaces which are regulated in an ambivalent manner yet which have the net effect of drawing transgender women into street sex work. The second part shows that these legal practices on sex work do not apply to all sex workers but to nearly all transgender women, depriving them from their most basic rights. Overall my analysis demonstrates that transgender women find themselves in a multitude of legal and institutional practices that are borne out of the interaction of their social contexts, their bodily performances and legal texts and their application, and that this is done through various regulatory agents. I argue that such an examination demonstrates law’s multiplicity and heterogeneity against the unitary and sovereigntist understandings of law which prevail in popular discourse as well as scholarly and activist thinking in Turkey and abroad. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1730260

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

OpenAIRE

Majid Karimi

2013-01-01

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

African wildlife conservation and the evolution of hunting institutions

Science.gov (United States)

't Sas-Rolfes, Michael

2017-11-01

Hunting regulation presents a significant challenge for contemporary global conservation governance. Motivated by various incentives, hunters may act legally or illegally, for or against the interests of conservation. Hunter incentives are shaped by the interactions between unevenly evolving formal and informal institutions, embedded in socio-ecological systems. To work effectively for conservation, regulatory interventions must take these evolving institutional interactions into account. Drawing on analytical tools from evolutionary institutional economics, this article examines the trajectory of African hunting regulation and its consequences. Concepts of institutional dynamics, fit, scale, and interplay are applied to case studies of rhinoceros and lion hunting to highlight issues of significance to conservation outcomes. These include important links between different forms of hunting and dynamic interplay with institutions of trade. The case studies reveal that inappropriate formal regulatory approaches may be undermined by adaptive informal market responses. Poorly regulated hunting may lead to calls for stricter regulations or bans, but such legal restrictions may in turn perversely lead to more intensified and organised illegal hunting activity, further undermining conservation objectives. I conclude by offering insights and recommendations to guide more effective future regulatory interventions and priorities for further research. Specifically, I advocate approaches that move beyond simplistic regulatory interventions toward more complex, but supportive, institutional arrangements that align formal and informal institutions through inclusive stakeholder engagement.

Law and Popular Culture: Current Legal Issues Volume 7 edited by Michael Freeman

OpenAIRE

Bradney, Professor Anthony

2006-01-01

As Fiss has put it, academics are in law schools, ‘to study law and teach their students what they happen to discover’ (‘‘Of Law and the River,’ and Nihilism and Academic Freedom’ (1985) 35 Journal of Legal Education 1 at p 26). The idea that all questions about legal phenomena that can be asked should be asked, that nothing should remain unexplored, is slowly being accepted in modern university law schools. Institutions that were once the repositories of ephemeral case-notes and palimpsest t...

Protection of the African Lion: A Critical Analysis of the Current International Legal Regime

Directory of Open Access Journals (Sweden)

Samantha Watts

2016-04-01

Full Text Available This article looks at the current international regime that pertains to the African lion, a species that needs adequate protection across its range (a range that does not adhere to state boundaries. This analysis comes at a time when threats such as habitat and prey loss, retaliatory killing, trophy hunting and trade, are all impacting the remaining populations of African lions. The species is in danger of rapid population decline and possible extinction in the near future. Two decades ago there was an abundance of African lions, roughly 100 000, on the continent. But at present there are less than 32 000, while some believe there to be as little as 15 000 left. This decline is mainly due to the threats noted above. African lions are currently listed as "vulnerable" on the International Union for Conservation of Nature Red List of Threatened Species. This listing is being contested by commentators who believe that the species now requires an "endangered" status. African lion populations, and the threats to the species, extend across state boundaries. Therefore, international law is of particular importance in providing conservation and protection measures to the species. Creating conservation obligations at a global level allows for more uniform action, implementation and enforcement of legislation at regional and local levels. Therefore this article looks at each threat to African lion populations in detail and then assesses the international legal regime pertaining to each of these threats, and whether that regime is adequate. The Convention on Biological Diversity, Convention on the Conservation of Migratory Species, Convention on International Trade in Endangered Species of Wild Fauna and Flora and the Convention on Wetlands of International Importance are but some of the international instruments that are analysed. This article outlines the arguments that the international legal framework is not acceptable for the protection of the species

Accidental autoerotic deaths between 1978 and 1997. Institute of Legal Medicine, Medical School Hannover.

Science.gov (United States)

Breitmeier, D; Mansouri, F; Albrecht, K; Böhm, U; Tröger, H D; Kleemann, W J

2003-10-14

Between 1978 and 1997 the Institute of Legal Medicine of the Hannover Medical School examined 17 fatal autoerotic deaths. The incidence for the Hannover region was 0.49 cases per million inhabitants per year. The victims included 17 men with an average age of 36.8 years; a peak in the age distribution was seen between 20 and 29 years. Twelve of the men were found by friends or family in a domestic environment, while other situations in which the victims were found included the victim's own car, a hotel room, a canal embankment, a public parking lot as well as the holding cell of the youth detention center. The men were of varying socioeconomic status and held a number of different types of jobs or still attended school. Five of the men were found completely nude, while five were only undressed below the waist. Four men wore women's clothes and two were fully clothed with exposed genitals. Besides women's clothes, other objects found at the scene included various types of sexual aids, including ropes, chains, metal bars, locks, sex magazines, condoms, plastic bags, rubber items, etc. In four cases blood alcohol levels between 0.1 and 2.5 per thousand (urine alcohol levels between 0.2 and 2.5 per thousand ) were found. Toxicologic examination revealed chloroform, ketamine, a propane-butane gas mixture in one case each, and in two cases cocaine and morphine. Causes of death included central paralysis after strangulation (seven cases), asphyxiation (4), subarachnoid hemorrhage (2), intoxication (1), hypothermia (1), left heart failure (1), and drowning (1). The history, findings at scene, and autopsy findings and, in individual cases, other investigations are of utmost importance to accurately reconstruct a fatal autoerotic accident.

Adaptive institutions? Peasant institutions and natural models facing climatic and economic changes in the Colombian Andes

NARCIS (Netherlands)

Feola, Giuseppe

2017-01-01

In the Colombian Andes, peasants have co-evolved with their environment for centuries, but it is uncertain whether traditional informal institutions and natural models are adapting to current and possibly unprecedented economic and climatic disturbances. This study investigated institutional

Institution of Parentage in Polish Family Law in the Years 1946–1965 [Instytucja pochodzenia dziecka w polskim prawie rodzinnym w latach 1946–1965

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Ewa JURCZYK-ROMANOWSKA

2017-11-01

Full Text Available The paper constitutes a description of the evolution of the system of presumptions pertaining to institution of parentage in Polish family law in the years 1946– 1965. The following three legal acts were analysed: Family Law of 1946, constituting the first attempt at unification of regulations connected with this matter since 1918, when Poland regained independence, Family Code of 1950, abolishing the division into legitimate and illegitimate children, and the Family and Guardianship Code of 1964, with its legal regulations still in force (with subsequent amendments. The innovative analysis encompasses such problems as: division into legitimate and illegitimate children and its consequences, presumption of paternity, establishment of paternity in court, as well as legitimisation, recognition, and equalisation of a child. The changing situation of the legal entities connected with the institution of parentage, i.e. child, mother, father, and mother’s husband is also discussed in the article.

Parents Representations of the Legal Socialization of Children

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Kalashnikova A.S.,

2014-11-01

Full Text Available Insufficient knowledge about the impact of parental education on the development strategies of justice of children and adolescents in destabilizing the social conditions of modern society determines the relevance of the author's work. The study involved 64 subjects (39 women and 25 men aged 24 to 48 years, with minor children, including 30 subjects with a harmonious style of parenting and 34 - with disharmonious style. We used a questionnaire "Analysis of family relationships" (E.G. Eidemiller, V.V. Yustitskis, a technique of studying legal awareness of J. Tapp and F. Levine, as well as specially designed questionnaires, aimed at studying the cognitive (knowledge of parents about legal socialization and behavioral (conversations on topics of law, reinforcement and punishment of right and wrong actions, monitoring of performance, personal example components of legal socialization. We obtained new empirical evidence on the relation between the features of legal socialization of children and parent-child relationship, clarified the role of the individual types of parental attitudes in the formation of the legal socialization of children, revealed the factors of parental attitudes that hinder and facilitate the process of legal socialization of children

INSTITUTION vs. ORGANIZATION. CONCEPTUAL DELIMITATIONS

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Andrea Sveda ANGEL

2011-06-01

Full Text Available Both organizations and institutions are social structures. On the basis of the institutions arethe formal rules and at the basis of the organizations are the interactions between peoples withcommon aims. The evolution of the institutions is explained by the institutionalism with its twoorientations: the new institutionalism and the old institutionalism. The last one was preoccupied bythe transformation of the economy and by the evolution of the technology and the newinstitutionalism explains the existence of the institutions from the individual’s point of view.Organizations were and are studied in present days from different point of views: organizationalstructure and culture, organizational change and development. The organization was classifiedaccording to several factors: aim, size, legal form, or their operational domain. Thecharacterization of the organization through metaphors such as machines, culture, brain, ororganism proves their complexity and diversity. Regarding to the relations between institution andorganization, the relationship could be characterised as interdependence because the organizationscan determine instituional changes, by offering a framework for the application of the rules.

New institutional analysis of European electric power reforms

International Nuclear Information System (INIS)

Perez, Yannick

2002-01-01

This research thesis reports a comparative analysis of reforms of the electric power sector implemented in European countries. In the first part, the authors proposes a presentation of the theoretical framework adopted for this analysis which is notably based on the New Institutional Economy approach. He also proposes an approach to the electric power industry based on the Transaction Cost Theory, and presents an overview of the various European reforms in the field of electricity, and of still unresolved problems which emerged after the creation of different power markets. The next part addresses an assessment of the attractive and desirable characters of reforms which have been implemented in the United Kingdom, in Germany and in Spain, with an attempt to identify winners and losers, and to classify these reforms. In the third part, the author defines a framework for the analysis of the feasibility of reforms which combine institutional and industrial dimensions, notably by reference to Noll and Williamson works. In the last part, the author sheds a new light on the concept of credibility. He introduces the conventional arbitrage of the Transaction Cost Theory between commitment stability and flexibility to generate uncertainty. He notably shows that the main problem in centralised institutional environments, is to guarantee the stability of commitments in front of opportunism, whereas in decentralised institutional environments, the main problem is to produce flexibility to manage uncertainty [fr

Rural electrification in Zambia: A policy and institutional analysis

International Nuclear Information System (INIS)

Haanyika, Charles M.

2008-01-01

Zambia is well endowed with hydropower and other energy resources, which could facilitate production of electricity for both urban and rural areas of the country. The country has an installed electricity generation capacity of 1786 MW and undeveloped hydropower potential of over 6000 MW. In the last few years, demand has been growing and it is anticipated to outstrip supply in 2008. The load growth is attributed to increased mining activities and development of the industrial base. The country is also endowed with abundant natural resources such as arable land, water, minerals and wildlife. With the available resource base, electricity along with other social and economic infrastructure such as roads and telecommunications could facilitate increased economic activities. In rural areas, electricity could be used for crop irrigation, agro-processing, small-scale mining and to facilitate tourism. However, rural electrification (RE) faces many challenges such as long distances from existing power stations to targeted rural areas, low population densities, high poverty levels and low skills availability. These and other factors have contributed to continued low levels of access to electricity in rural areas of the country. Measures so far undertaken to facilitate access to electricity in rural areas of Zambia include the adoption of a new National Energy Policy (NEP) in 1994. With regard to the electricity sector and RE in particular, the NEP was aimed at facilitating increased access by liberalising and restructuring the electricity market and promoting the use of low-cost technologies and decentralised renewable energies. To facilitate implementation of the new policy, the government established a legal and institutional framework by enacting new legislation, namely, the Electricity Act and the Energy Regulation Act in 1995. The Electricity Act provided for liberalisation and regulation of the electricity sector, while the Energy Regulation Act provided for the

Legal Enforcement of Social Rights: Enabling Conditions and Impact Assessment

NARCIS (Netherlands)

S. Gloppen (Siri)

2009-01-01

textabstractThis article commends the concise and useful analysis of courts and the legal enforcement of economic, social and cultural rights given in Christian Courtis’ book, Courts and the Legal Enforcement of Economic, Social and Cultural Rights: Comparative Experiences of Justiciability. Yet, in

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

DEFF Research Database (Denmark)

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

2014-01-01

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

Dementia and legal competency.

Science.gov (United States)

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

2011-06-01

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

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....

Analysis of the basic professional standards involving the work of psychologists in difficult and legally significant situations

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Bogdanovich N. V.

2016-06-01

Full Text Available In this article the analysis of professional standards in terms of the scope of work of the psychologist with clients in difficult life and legal situations. The criteria of analysis chosen: reflected in professional activities, the choice of grounds for the selection of professional activities that focus on a specific Department, selection of a particular direction of activity of the psychologist (prevention, support, rehabilitation. It is shown that all five of the analyzed standards imply such a situation, but only three of them ("educational psychologist", "Psychologist in the social sphere", "Specialist in rehabilitative work in the social sphere" describe the activities of the psychologist, and the remaining ("Expert of bodies of guardianship and guardianship concerning minors" and "Specialist in working with families" are more organizational in nature. The conclusion about compliance of the training programs developed by the Department of legal psychology and law and education, the requirements of professional standards, proposed improvements in these programs.

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

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

OpenAIRE

Caroline Lydia Hart

2012-01-01

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

The New Politics of US Health Care Prices: Institutional Reconfiguration and the Emergence of All-Payer Claims Databases.

Science.gov (United States)

Rocco, Philip; Kelly, Andrew S; Béland, Daniel; Kinane, Michael

2017-02-01

Prices are a significant driver of health care cost in the United States. Existing research on the politics of health system reform has emphasized the limited nature of policy entrepreneurs' efforts at solving the problem of rising prices through direct regulation at the state level. Yet this literature fails to account for how change agents in the states gradually reconfigured the politics of prices, forging new, transparency-based policy instruments called all-payer claims databases (APCDs), which are designed to empower consumers, purchasers, and states to make informed market and policy choices. Drawing on pragmatist institutional theory, this article shows how APCDs emerged as the dominant model for reforming health care prices. While APCD advocates faced significant institutional barriers to policy change, we show how they reconfigured existing ideas, tactical repertoires, and legal-technical infrastructures to develop a politically and technologically robust reform. Our analysis has important implications for theories of how change agents overcome structural barriers to health reform. Copyright © 2017 by Duke University Press.

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

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Mariano Croce

2015-03-01

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

COMPARATIVE ANALYSIS OF ADMINISTRATIVE AND LEGAL PRINCIPLES OF TAX ADMINISTRATION IN THE CONDITIONS OF DECENTRALIZATION IN EUROPE AND UKRAINE

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Leonid Mogilevskyi

2017-12-01

Full Text Available The aim of the article is a comparative analysis of the administrative and legal regulation of tax administration in European countries and in Ukraine and the definition of ways to improve domestic legislation in this field on this basis. The subject of the study is the administrative and legal principles of tax administration in the conditions of decentralization of state power. Methodology. The study is based on a comparison of the foreign experience of legal regulation and collection of local taxes by using the example of European states with the current state of the process of introducing tax decentralization in Ukraine. Due to the use of this amount of general scientific and specialscientific methods and methods of scientific knowledge, the content of the administrative and legal foundations of tax administration, as well as legal phenomena such as tax decentralization, were characterized and defined. The conclusions that we made helped us to determine the specifics of their administrative-legal regulation in some countries of Europe and in Ukraine. The results of the conducted comparative legal study made it possible to prove the direct impact of tax decentralization on the mechanism of tax administration and the systematic organization of tax authorities. These processes have a predominantly positive impact on macroeconomic processes, they broaden the rights and opportunities of local authorities regarding the use of funds by local governments, forecasting and approving regional budgets, and managing taxes and fees. Practical impact. The administration of taxes in the conditions of decentralization in Europe can be characterized by a high level of efficiency and functionality of the work of the territorial tax-control bodies. This experience is really necessary for Ukraine, where the activities of local self-government in some areas are limited by the central apparatus. Value/originality. A comparative legal study of world experience in

The Institutional Approach for Modeling the Evolution of Human Societies.

Science.gov (United States)

Powers, Simon T

2018-01-01

Artificial life is concerned with understanding the dynamics of human societies. A defining feature of any society is its institutions. However, defining exactly what an institution is has proven difficult, with authors often talking past each other. This article presents a dynamic model of institutions, which views them as political game forms that generate the rules of a group's economic interactions. Unlike most prior work, the framework presented here allows for the construction of explicit models of the evolution of institutional rules. It takes account of the fact that group members are likely to try to create rules that benefit themselves. Following from this, it allows us to determine the conditions under which self-interested individuals will create institutional rules that support cooperation-for example, that prevent a tragedy of the commons. The article finishes with an example of how a model of the evolution of institutional rewards and punishments for promoting cooperation can be created. It is intended that this framework will allow artificial life researchers to examine how human groups can themselves create conditions for cooperation. This will help provide a better understanding of historical human social evolution, and facilitate the resolution of pressing societal social dilemmas.

Legal Technology for Law Firms: Determining Roadmaps for Innovation

OpenAIRE

Kerikmäe, Tanel; Hoffmann, Thomas; Chochia, Archil

2018-01-01

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

Legal aspects of administrating antipsychotic medications to jail and prison inmates.

Science.gov (United States)

Dlugacz, Henry; Wimmer, Christopher

2013-01-01

The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. Copyright © 2013 Elsevier Ltd. All rights

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

OpenAIRE

Kerber, Wolfgang; Wendel, Julia

2016-01-01

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

Profile: Institute of Society, Ethics and the Life Sciences

Science.gov (United States)

Callahan, Daniel

1971-01-01

Describes an institute founded to examine moral, ethical, and legal issues raised by possibilities of euthanasia, genetic engineering, behavior control, population control, and improved disease control. Indicates scope of present research. (Editor/AL)

The legal responsibilities of the health-care librarian.

Science.gov (United States)

Muir, A; Oppenheim, C

1995-06-01

This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.

A Legal and Economic Analysis of Austria's Double Tax Treaty Network with Developing Countries

OpenAIRE

Braun, Julia; Fuentes Hernandez, Daniel

2014-01-01

To what degree developing countries gain from signing double tax treaties is being hotly debated. In this paper, we analyze the Austrian tax treaty policy. Combining legal and economic perspectives, we find that developing countries are likely to expect both positive and negative impacts from signing a double tax treaty (DTT) with Austria. On the one hand, the results of our econometric analysis suggest that middle-income countries that sign a DTT with Austria may expect an inc...

Mechanisms of educational space organizationing higher educational institutions of Ukraine

OpenAIRE

Hmyrova A.

2017-01-01

In the article the problems of public administration of the educational process in higher educational institutions of Ukraine, its social, legal, and managerial aspects have been analysed. The systematization and organization of the educational process in higher educational institutions of Ukraine have been considered, the main problems of the determined process have been outlined.

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.

The balanced scorecard in higher education institutions: a perspective analysis Balanced Scorecard em Instituições de Ensino Superior: uma análise das perspectivas

Directory of Open Access Journals (Sweden)

Carlos Rogério Montenegro de Lima

2011-10-01

Full Text Available Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 st1:*{behavior:url(#ieooui } /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Tabela normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:"Times New Roman"; mso-fareast-theme-font:minor-fareast; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} This paper aims to determine the perspectives of the Balanced ScoreCard (BSC in Higher Education Institutions (HEIs. This descriptive, bibliographic and document analysis had a quantitative approach, in which were analyzed twenty-five foreign HEIs based in the United States, Turkey and Thailand. Besides these, another seventeen national HEIs were analyzed. As a result, this research shows that three perspectives are more recurrent in the foreign institutions: Internal Processes, Financial and Customers. In the national institutions, four perspectives appear in more than half of the institutions analyzed: Internal Processes, Customers, Learning and Growth, and Financial. It is stood out that although the original perspectives suggested by Kaplan and Norton (1997 are the more used, some HEIs used differentiated perspectives. In the foreign institutions, it stood out: Innovation; People; Stakeholders; Academic Administration; Resources; Community; Students Learning; Image and Recognition; Diversity; Processes of International Businesses; Organizational Development; Organizational Climate; and Voters. In the national institutions, some perspectives were

Quality management as a strategy to support collection development in legal libraries

Directory of Open Access Journals (Sweden)

Ana Cláudia Carvalho de Miranda

2016-05-01

Full Text Available Libraries are seen as non-profit organizations, their main objective is to offer quality in information mediation, in order to meet the user´s specific information needs. Thus, as organizations, libraries need to apply management strategies that aim to guarantee its effectiveness and efficiency to ensure its survival. Amongst some strategies is quality management. This article aims to propose a debate regarding quality management applied to Collections Development in Legal Libraries. In order to attend these objectives, literature review was realized considering the areas of Quality, Collection Development. In this process, the research identifies the main characteristics applied to Law Libraries, characterizes Legal information as well as points out the main challenges in this area and possible solutions. Based on the reflections given, it can be confirmed that the role of the legal library is to disseminate legal information in the institutions to which they belong to, support legal decisions, work with law in its raw state so it can be interpreted, aiming to reach certain standards contributing to peace in society. It is concluded that for this process to be fulfilled it is necessary the effective implementation of strategies for ensuring the quality of the provided services.

LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

Directory of Open Access Journals (Sweden)

R. R. Kalinina

2014-10-01

Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

An analysis of purchase price of legal and illicit cigarettes in urban retail environments in 14 low- and middle-income countries.

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Brown, Jennifer; Welding, Kevin; Cohen, Joanna E; Cherukupalli, Rajeev; Washington, Carmen; Ferguson, Jacqueline; Clegg Smith, Katherine

2017-10-01

To estimate and compare price differences between legal and illicit cigarettes in 14 low- and middle-income countries (LMIC). A cross-sectional census of all packs available on the market was purchased. Cigarette packs were purchased in formal retail settings in three major cities in each of 14 LMIC: Bangladesh, Brazil, China, Egypt, India, Indonesia, Mexico, Pakistan, the Philippines, Russia, Thailand, Turkey, Ukraine and Vietnam. A total of 3240 packs were purchased (range = 58 packs in Egypt to 505 in Russia). Packs were categorized as 'legal' or 'illicit' based on the presence of a health warning label from the country of purchase and existence of a tax stamp; 2468 legal and 772 illicit packs were in the analysis. Descriptive statistics stratified by country, city and neighborhood socio-economic status were used to explore the association between price and legal status of cigarettes. The number of illicit cigarettes in the sample setting was small (n price of legal cigarettes ranged from US$0.32 in Pakistan (n = 72) to US$3.24 in Turkey (n = 242); median purchase price of illicit cigarettes ranged from US$0.80 in Ukraine (n = 14) to US$3.08 in India (n = 41). The difference in median price between legal and illicit packs as a percentage of the price of legal packs ranged from 32% in Philippines to 455% in Bangladesh. Median purchase price of illicit cigarette packs was higher than that of legal cigarette packs in six countries (Bangladesh, India, Pakistan, Philippines, Thailand, Vietnam). Median purchase price of illicit packs was lower than that of legal packs in Turkey, Ukraine and China. The median purchase price of illicit cigarettes is higher than that of legal cigarette packs in Bangladesh, India, Pakistan, Philippines, Thailand, and Vietnam, Brazil, Egypt, Indonesia, Mexico, Russia appear to have few or no illicit cigarettes for purchase from formal, urban retailers. © 2017 The Authors. Addiction published by John Wiley & Sons Ltd on behalf

Caffeine and bicarbonate for speed. A meta-analysis of legal supplements potential for improving intense endurance exercise performance

DEFF Research Database (Denmark)

Christensen, Peter Møller; Shirai, Yusuke; Ritz, Christian

2017-01-01

the likelihood of winning, athletes utilizes legal supplements with or without scientifically documented beneficial effects on performance. Therefore, a continued systematic evidence based evaluation of the possible ergogenic effects is of high importance. A meta-analysis was conducted with a strict focus...

Areas and consequences of organized crime influence on the legal market

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Bošković Goran N.

2016-01-01

Full Text Available Criminal structure spread sphere of influence in all fields of social life and become a threat to national and international security. Namely, criminal profits generated by organized crime in the criminal market and its infiltration into the legal economic flows represent a potential danger for corrupting in legal economic relations and undermine the integrity of financial institutions. In this way, in the end the basic fundamentals of the financial system may be disrupted, and in dangerous are the functioning of state institutions, economic prosperity and national security. Modern criminal organizations are profit-oriented and market-based and operating methods that use are combination of criminal and methods of modern business organizations, which makes them particularly dangerous to society. The great economic power of organized crime used to acquire political power, and it is in turn used to pursue criminal objectives. Thus, the threat of organized crime is not limited to the effects of individual criminal actions, but much more on the ability to influence the decision making processes in the sphere of politics and economics. The great interest of organized crime to influence on state and its functions stems from the fact that with the help of the state authority can provide the easiest way for providing criminal profit and immunity from prosecution. The authors in paper point to areas and dominant negative consequences of the infiltration of organized crime into legitimate economic relations, as well as the implications of these processes in order to gain a better understanding of their importance for defining the model on fighting of organized crime. .

Characteristics of illegal and legal cigarette packs sold in Guatemala.

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

2016-11-25

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

Agreement of the silent partnership – tax and legal consequences of its conclusion and execution

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Monika Zieniewicz

2016-12-01

Full Text Available The institution of the silent partnership is not currently regulated by any legal act in the Polish legal system, although its importance in practice is not in doubt. As every action made in the economic sphere and economic execution of the contract is associated with specific effects on the basis of the tax laws. However, due to the lack of statutory regulation of the institution of silent partnership problematic is the question of determining the effects of tax legislation. Therefore, special attention is needed to determine the issue of these effects on the basis of income tax, tax on goods and services, transfer tax and the tax on inheritance and donations, as well as the question of liability for the tax liabilities of the silent partnership.

An Institutional Theory Analysis of Charter Schools: Addressing Institutional Challenges to Scale

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Huerta, Luis A.; Zuckerman, Andrew

2009-01-01

This article presents a conceptual framework derived from institutional theory in sociology that offers two competing policy contexts in which charter schools operate--a bureaucratic frame versus a decentralized frame. An analysis of evolving charter school types based on three underlying theories of action is considered. As charter school leaders…

International financial institutes and multipolarity challenges

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Aleksei Vladimirovich Kuznetsov

2017-12-01

Full Text Available The world is changing, moving towards multi-polarity. However, despite the explicit shifting of the center of economic gravity from the West to the East, the dominance of the West in establishing the rules of conduct in the global economy and global finance remain virtually immutable. The author argues that the widely-discussed reform of the IMF quota and governance has not led to a significant strengthening of the role of the most dynamically developing emerging economies in the Fund’s decision-making. Regional economic players (such as the BRICS have been actively involved in the international division of labor. However, the existence of institutional financial monopolies hinders the redistribution of global value added. Armed with the advanced information technologies and financial innovations, the leaders of financial globalization are redirecting scarce global resources in favor of the world-systemic core. The study is based on comparative methods and system analysis and aims to provide a comprehensive view on the way of involvement of global financial institutions in the control of the processes of financial globalization. US dominance in international financial institutions contribute to the further advancement of the global role of dollar as reserve currency of central banks, the currency of international settlements, deposits, loans and investments. It’s shown that the implementation of financial globalization is strongly correlated with the concept of the «center-periphery» model, on which the functioning of the global capital market is dependent. The features of the modern structure of the global currency market are summarized. The article reveals some legal aspects of global governance, in particular the role of the Anglo-American law in the global economy and global finance. It is concluded that for full participation of emerging markets, particularly the BRICS countries, in the processes of globalization, it is necessary to

Abortion Rights Legal Mobilization in the Peruvian Media, 1990-2015.

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Gianella, Camila

2017-06-01

State and non-state actors engaged in disputes to expand and limit abortion rights have engaged in legal mobilization-in other words, strategies using rights and law as a central tool for advancing contested political goals. Peru, like other Latin American countries, has experienced an increase in abortion rights legal mobilization in recent years, including litigation before national and international courts. This paper centers on societal legal mobilization, or the legal mobilization that occurs outside the legislative and judicial branches and that includes strategies promoted by the executive branch, political actors, and non-partisan organizations and individuals. It presents an analysis of op-ed articles published in two national newspapers, El Comercio and La República , between 1990 and 2015. The paper argues that the media is also an arena where legal mobilization takes place and is not just a space influenced by legal mobilization. Rather, the media's agenda operates independently of legal mobilization in the legislature and the courts, and it determines whether certain issues receive coverage and the way these issues are framed.

Medico legal issues.

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