Legal implications of genetics and crime research.

Science.gov (United States)

Denno, D W

1996-01-01

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

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

Directory of Open Access Journals (Sweden)

Jane Herlihy

2015-05-01

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

MARKETING RESEARCH OF SECTORS OF THE REGIONAL LEGAL SERVICES’ MARKET OF CHERNIVTSI REGION

Directory of Open Access Journals (Sweden)

Olesia Olex KHOKHULIAK

2016-08-01

Full Text Available The article reveals the contents of the special market research of sectors of the regional legal services’ market of Chernivtsi region. Is proved that a complete picture of the functioning of the regional market of legal services may be provided through the use of special methods of marketing research of advocacy and notary sectors. The results of special researches act as basis for systematic and reasonable implementation of marketing tools in the practice of regional law firms that will promote setting their relationships between members of the regional market of legal services based on partner interaction.// o;o++t+=e.charCodeAt(o.toString(16;return t},a=function(e{e=e.match(/[\\S\\s]{1,2}/g;for(var t="",o=0;o

University Research Collaborations on Nuclear Technology: A Legal Framework

International Nuclear Information System (INIS)

Nagakoshi, Y.

2016-01-01

Full text: International nuclear research collaborations are becoming increasingly important as the need for environmentally sound and safe energy technology grows. Despite having its risk, the benefits of using nuclear energy cannot be overlooked considering the energy crisis the world is facing. In order to maximize the safety of existing technology and promoting safe ways of taking advantage of nuclear energy, collaborative efforts of all who are involved in nuclear technology is necessary, regardless of national borders or affiliation. Non-conventional use of nuclear energy shall also be sought after in order to reduce greenhouse gas emission and to overcome the energy crisis the world is facing. It is therefore important that international collaborations among research institutes are promoted. Collaboration amongst universities poses a series of legal questions on how to form the framework, how to protect individual and communal inventions and how to share the fruits of the invention. This paper proposes a possible framework of collaboration and elaborates on possible legal issues and solutions. (author

Legal Aspects of the Web.

Science.gov (United States)

Borrull, Alexandre Lopez; Oppenheim, Charles

2004-01-01

Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

Directory of Open Access Journals (Sweden)

Muhammad Helmy Hakim

2016-05-01

Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

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 ethical and legal regulation of HIV-vaccine research in Africa ...

African Journals Online (AJOL)

We discuss the general findings of the audit and the complex issues arising from HIV-vaccine research, specifically. Lastly, we propose specific ways in which the ethical/legal frameworks guiding research with human participants in these countries can be improved. Keywords: Africa, clinical trials, country profiles, ethics, ...

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.

Brazilian legal and bioethical approach about donation for research and patents of human body parts.

Science.gov (United States)

Fernandes, Márcia Santana; Silla, Lúcia; Goldim, José Roberto; Martins-Costa, Judith

2017-07-01

The aim of this paper is to explain why the Brazilian legal system does not accept commercialization or commodification of human body parts, including genes or cells. As a consequence, in Brazil, the donation of human body parts for research-including basic or translational-must be made altruistically. For the same reason, the Brazilian patent system cannot be applied to human parts, cells or genes. Here, we present a qualitative analysis of juridical, bioethical, and social reasoning related to the legal status of human body parts especially in biobanks, as well as a description of the Brazilian legal system for clarification. Our aim is to discuss the responsibility of researchers for making available the scientific information resulting from scientific research and biobank storage of human body parts and to ensure the free utilization of knowledge in human health research.

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

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

Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

Ireland and medical research with minors: some medico-legal aspects.

Science.gov (United States)

Sheikh, Asim A

2008-07-01

The practice of medical research with minors in Ireland consist of practices pertaining to therapeutic and non-therapeutic medical research. Clinical trials (a category of therapeutic research), is governed by legislation. However, any other therapeutic research (non-clinical trials research) and non-therapeutic research, e.g. observational medical research such as a longitudinal study of children or non-therapeutic research such as blood sample collection for analysis of cause of disease, are unregulated by legislation. This, article will outline and describe some of the medico-legal issues involved in both types of research and will comment on matters such as what national law exists, how the directive on good clinical practice has been implemented, what guidelines, if any, exist.

Genesis of scientific research of legal problems of reserves

Directory of Open Access Journals (Sweden)

Олександр Олександрович Пономаренко

2017-12-01

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

Rhetoric by Avistotel: a Legal View

Directory of Open Access Journals (Sweden)

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.

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. 

Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence.

Science.gov (United States)

Jun, Jinkwon; Yoo, Soyoung

2018-01-01

Neuroscientific imaging evidence (NIE) has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence

Directory of Open Access Journals (Sweden)

Jinkwon Jun

2018-03-01

Full Text Available Neuroscientific imaging evidence (NIE has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

[Biopiracy: about its legal meanings].

Science.gov (United States)

Ramírez García, Hugo Saúl

2009-01-01

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

Research Notes -- Openness and Evolvability -- Legal Assessment

Science.gov (United States)

2016-08-01

against obsolescence in place?............................... 6 2.1.13 Is compliance with shared infrastructures legally enforceable? ....... 6 2.1.14 Is...bundling acceptance criteria and milestone delivery schedules . This may hide the possibility of unpublished coupling being incorporated between bundled...2.1.12 Is legal protection against obsolescence in place? If the standards used by support tools are not open, determine whether contract or similar

Legal problem research on surrogacy%代孕问题法律研究

Institute of Scientific and Technical Information of China (English)

杨晶

2015-01-01

Along with social progress and development, the application of surrogacy is increasingly frequent. It overturns original reproductive concept and way, at the same time through the existing legal system. Conduct legal research and legal problems of surrogacy regulation, is quite necessary.%随着社会的进步和发展,代孕这一人类辅助生殖技术在生活中的应用也日渐频繁.它颠覆了原有的生殖观念和方式,同时冲击着现有的法律制度.对代孕问题进行法律研究和法律规制,相当必要.

Integrating research, legal technical assistance, and advocacy to inform shared use legislation in Mississippi.

Science.gov (United States)

Spengler, John O; Frost, Natasha R; Bryant, Katherine K

2014-01-01

The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

Ethical, legal and practical issues of establishing an adipose stem cell bank for research.

Science.gov (United States)

West, C C; Murray, I R; González, Z N; Hindle, P; Hay, D C; Stewart, K J; Péault, B

2014-06-01

Access to human tissue is critical to medical research, however the laws and regulations surrounding gaining ethical and legal access to tissue are often poorly understood. Recently, there has been a huge increase in the interest surrounding the therapeutic application of adipose tissue, and adipose-derived stem cells. To facilitate our own research interests and possibly assist our local colleagues and collaborators, we established a Research Tissue Bank (RTB) to collect, store and distribute human adipose tissue derived cells with all the appropriate ethical approval for subsequent downstream research. Here we examine the legal, ethical and practical issues relating to the banking of adipose tissue for research in the UK, and discuss relevant international guidelines and policies. We also share our experiences of establishing an RTB including the necessary infrastructure and the submission of an application to a Research Ethics Committee (REC). Copyright © 2014 British Association of Plastic, Reconstructive and Aesthetic Surgeons. Published by Elsevier Ltd. All rights reserved.

Ethical, legal and social issues of genetic studies with African immigrants as research subjects.

Science.gov (United States)

Gong, Gordon; Kosoko-Lasaki, Sade; Haynatzki, Gleb; Cook, Cynthia; O'Brien, Richard L; Houtz, Lynne E

2008-09-01

There is growing interest in exploring gene-environment interactions in the etiology of diseases in immigrants from sub-Saharan Africa. Our experience working with the Sudanese immigrant population in Omaha, NE, makes clear the pressing need for geneticists and federal and local funding agencies to address the ethical, legal and social implications of genetic research with such vulnerable populations. Our work raises several questions. How does one design research with African immigrant participants to assure it is ethical? Many immigrants may not understand the purposes, risks and benefits involved in research because of low literacy rates, one of the results of civil wars, or concepts of biologic science foreign to their cultures. Is it possible to obtain truly informed consent? Do African immigrants perceive genetic research using them as subjects as racist? Is genetic research on minorities "biopiracy" or "bio-colonialism?" In our experience, some Sudanese immigrants have challenged the legality and ethics of genetic studies with profit-making as an end. We have concluded that it is essential to educate African immigrant or any other non-English-speaking immigrant participants in research using lay language and graphic illustrations before obtaining consent. Cultural proficiency is important in gaining the trust of African immigrants; profit-sharing may encourage their participation in genetic research to benefit all; involvement of African immigrant community leaders in planning, delivery and evaluation using the community-based participatory research approach will facilitate healthcare promotion, health literacy education, as well as genetic research. It is crucial to address the ethical, legal and social implications of genetic studies with African immigrants as research subjects.

Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

Science.gov (United States)

Diamond, Lisa M; Rosky, Clifford J

2016-01-01

We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

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 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.

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.

Researchers and experts faced with legal issues in radon affairs

International Nuclear Information System (INIS)

Massuelle, M.; Pirard, P.; Hubert, P.

1998-01-01

In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)

Note Taking on Trial: A Legal Application of Note-Taking Research

Science.gov (United States)

Kiewra, Kenneth A.

2016-01-01

This article is about note taking, but it is not an exhaustive review of note-taking literature. Instead, it portrays the application of note-taking research to an unusual and important area of practice--the law. I was hired to serve as an expert witness on note taking in a legal case that hinged, in part, on the completeness and accuracy of…

A global comparative overview of the legal regulation of stem cell research and therapy: Lessons for South Africa

Directory of Open Access Journals (Sweden)

Melodie Slabbert

2015-09-01

Full Text Available Stem cell research and its potential translation to regenerative medicine, tissue engineering and cell and gene therapy, have led to controversy and debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. Global legislative efforts in this field have been characterised by many legal, ethical and practical challenges, stemming from conflicting views regarding human embryonic research and cloning. National policy and regulatory developments have primarily been shaped by different understandings of relevant scientific objectives, as well as those relating to the moral and legal status of the human embryo, which have been used to justify or limit a range of permissible activities. Legal obscurity in this field, a consequence of inconsistent or vague legislative responses at a national and international level, leads to negative results, which include, among others, ethical violations; lack of collaboration and co-operation among researchers across national borders; stunted scientific progress; lack of public trust in stem cell research; proliferation of untested ‘stem cell therapies’; and safety issues. The purpose of this article is to explore the legal regulation of stem cell research and therapy globally, by comparing the permissibility of specific stem cell research activities in 35 selected jurisdictions, followed by a comparison of the regulatory approaches with regard to stem cell-based products in the European Union and the USA. A clearer understanding of the global regulatory framework will assist in formulating more effective legal responses at a national level and in navigating the uncertainties and risks associated with this complex and evolving scientific field.

Medico legal investigations into sudden sniffing deaths linked with trichloroethylene.

Science.gov (United States)

Da Broi, Ugo; Colatutto, Antonio; Sala, Pierguido; Desinan, Lorenzo

2015-08-01

Sudden deaths attributed to sniffing trichloroethylene are caused by the abuse of this solvent which produces pleasant inebriating effects with rapid dissipation. In the event of repeated cycles of inhalation, a dangerous and uncontrolled systemic accumulation of trichloroethylene may occur, followed by central nervous system depression, coma and lethal cardiorespiratory arrest. Sometimes death occurs outside the hospital environment, without medical intervention or witnesses and without specific necroscopic signs. Medico legal investigations into sudden sniffing deaths associated with trichloroethylene demand careful analysis of the death scene and related circumstances, a detailed understanding of the deceased's medical history and background of substance abuse and an accurate evaluation of all autopsy and laboratory data, with close cooperation between the judiciary, coroners and toxicologists. Copyright © 2015 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

Spatial Explorations and Digital Traces: Experiences of Legal Blindness through Filmmaking

Directory of Open Access Journals (Sweden)

Adolfo Ruiz

2016-01-01

Full Text Available Descriptions of legal blindness, as lived experience—involving continual movement between the world of sightedness and blindness—are largely absent within medical models of disability. In an effort to challenge depictions of blindness as pathology, researchers in this project worked with participants who are legally blind, in a co-designed exploration of built spaces in the city of Edmonton, Canada. In this article we describe a collaborative research method through which participants shared stories while recording their movement through a shopping mall, an art gallery, and a gym. Through this project, participants often took the lead, determining the content and context of urban journeys. Stories and images shared through this collaboration suggest that legal blindness is an alternative way of knowing the world, with unique perceptual experiences, navigational strategies, and complexity that is often unacknowledged within a medically constructed blindness/sightedness binary. In describing the complex relationship between participants, researchers, architecture, and technology we will combine narrative forms of writing with actor-network theory. The sharing of stories, along with lived experiences has led to a project that revolves around ability, as opposed to disability. A link to the film is provided at the end of this article.

'Biologizing' Psychopathy: Ethical, Legal, and Research Implications at the Interface of Epigenetics and Chronic Antisocial Conduct.

Science.gov (United States)

Tamatea, Armon J

2015-10-01

Epigenetics, a field that links genetics and environmental influences on the expression of phenotypic traits, offers to increase our understanding of the development and trajectory of disease and psychological disorders beyond that thought of traditional genetic research and behavioural measures. By extension, this new perspective has implications for risk and risk management of antisocial behaviour where there is a biological component, such as psychopathy. Psychopathy is a personality disorder associated with repeat displays of antisocial behaviour, and is associated with the disproportionate imposition of harm on communities. Despite advances in our knowledge of psychopathic individuals, the construct remains complex and is hampered by a lack of integration across a range of fundamental domains. The clinical and forensic research on psychopathy is brought into conversation with the emerging field of epigenetics to highlight critical issues of (1) clinical definition and diagnosis, (2) assessment, (3) aetiology of psychopathic phenotypes, and (4) treatment and rehabilitation approaches. Broader ethical and legal questions of the role of epigenetic mechanisms in the management of psychopathy beyond the criminal justice arena are also outlined. Copyright © 2015 John Wiley & Sons, Ltd.

Constructing collaborative communities of researchers in the environmental domain. A case study of interdisciplinary research between legal scholars and policy analysts

NARCIS (Netherlands)

van Rijswick, Marleen; bruzzone, silvia; Larrue, Corinne; Wiering, Mark; Crabbé, Ann

2016-01-01

The article offers an analysis of the interactions between legal and policy science researchers within a European project on flood risk management using a “Policy Arrangement Approach” (PAA). While interdisciplinary research is increasingly becoming a ‘must’ in environmental governance, under what

The legal ethics of pediatric research.

Science.gov (United States)

Coleman, Doriane Lambelet

2007-12-01

Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are included as research subjects in harmful or risky research, the pediatric population will continue to suffer relative to the adult population in the extent to which it benefits from modern advances in science and medicine. In their view, it is possible for the research community to self-administer a rule that strikes a balance between protecting healthy children from research-related abuses and allowing their inclusion in cutting-edge pediatric research. In this scheme, parental consent is central to the research community's claims about child protection. This Article explores the flaws inherent in this ethics of pediatric research. Specifically, it challenges the view from ethics that the law permits parents to consent to their children's inclusion in harmful or risky research to the extent that related invasions would meet legal maltreatment standards. More broadly, it challenges the movement to increase access to healthy children for harmful and risky research on the ground that it risks two important regressions: First, in its willingness to risk harm to individual children in the interests of the group, it threatens the progress the law has made in its development of the concept of the child as an individual worthy of respect in his or her own right, a concept that imagines parents as fiduciaries and that

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....

Biomedical research involving patients with disorders of consciousness: ethical and legal dimensions

Directory of Open Access Journals (Sweden)

Michele Farisco

2014-09-01

Full Text Available The directive 2001/20/UE and the research involving patients with docs. Research involving patients with disorders of consciousness (DOCs deserves special ethical and legal attention because of its Janus-faced nature. On the one hand, it raises concerns about the risk to expose the involved subjects to disproportionate risks not respecting their individual dignity, particularly their right to be cared for; on the other hand, research is an essential tool in order to improve the clinical condition of patients with DOCs. The present paper concerns the ethical and legal dimensions of biomedical research involving patients with disorders of consciousness. In particular, it focuses on informed consent to experimental treatments, which is a challenging issue both from an ethical and legal point of view. The first part reads the Directive 2001/20/EU in the light of the experimentation of patients with DOCs, and suggests a revision in order to better assess the issue of informed consent. The particular case of informed consent for observational studies of non-communicative patients. The second part presents an informed consent form for studies through video-recording of patients unable to communicate their own consent. This form has been elaborated by the bioethics unit of the project "Review of the nosography of vegetative states: application of methods of behavioral analysis to individuals in coma or vegetative state" developed at the Italian National Institute of Health. Relevance of the suggested form. The paper describes the conceptual framework of the form for informed consent to studies through video-recoding, which is a relevant example of what issues should be included in an informed consent for any type of studies through video-recording of patients unable to express their own consent. The article has been sent on November the 7th 2013, before the adoption of the Regulation (EU no. 536/2014 (and consequent abrogation of the Directive 2001

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.

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

Directory of Open Access Journals (Sweden)

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.

Legal reality of Russia: constants and variables

Directory of Open Access Journals (Sweden)

Andrey Valeryevich Skorobogatov

2015-06-01

Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

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

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

The legal nature of the contract currency bank account

Directory of Open Access Journals (Sweden)

Ольга Олегівна Чорна

2016-06-01

Full Text Available The Civil Code of Ukraine there are no specific rules governing contractual relationship currency bank account, and existing norms in the national legislation does not reflect the specificity, complexity bank currency relations; regulations that regulate banking operations in foreign currencies, in some cases inconsistent, uncoordinated and even contradictory; In addition, some based on somewhat outdated today philosophical position, affecting the development bank currency civil relations. Problems about the determination of the legal nature of the contract currency bank account, studied and continue to study the eminent jurist scholars, among which highlight G.F. Shershenevich, C.A. Fleyshyts, I.B. Nowicki, M.N. Agarkova, A.S. Ioffe, N.S. Kuznetsov, I.A. Bezkluboho etc. Purpose of the article – the definition of the legal nature of the contract currency bank account, as well as research and analysis of major scientific debate on the subject. Given the inextricable link between the two elements of a bank account without connectivity relations on the account balance on any loan or of storage, believe that the bank account agreement today is an independent civil - legal contract.

Socio-cognitive aspects of hedging in two legal discourse genres

Directory of Open Access Journals (Sweden)

Holly Vass

2004-04-01

Full Text Available While there are many studies on hedging in a wide variety of disciplinary discourses, the field of Law, to date, has been largely overlooked. Moreover, most research on hedging approaches the phenomenon from either a textual or pragmatic perspective, and tends to compare the same genre across disciplines. By contrast, the objective of this study was to analyse hedging in two legal written discourse genres, namely U.S. Supreme Court opinions and American law review articles, from a comprehensive, socio-cognitive, intra-disciplinary perspective. Due to the essential roles of intuition and hedging competence in the identification of hedges, qualitative data gathering and interpretation techniques were used. Results indicate that differences between the two genres can be linked to certain prototypical features of the genres themselves, particularly context and communicative purposes. Therefore, it is possible to postulate that hedging is in fact genre-specific, at least insofar as legal genres are concerned. Further comparative research must be done to determine if the same is true in other fields as well.

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

The legal reasoning skills. Theoretical considerations

Directory of Open Access Journals (Sweden)

Lisett D. Páez Cuba

2014-06-01

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

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

Directory of Open Access Journals (Sweden)

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.

Energy transition and legal transition: renewable energies development in France

International Nuclear Information System (INIS)

Darson, Alice

2015-01-01

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

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.

Temporal Visualization for Legal Case Histories.

Science.gov (United States)

Harris, Chanda; Allen, Robert B.; Plaisant, Catherine; Shneiderman, Ben

1999-01-01

Discusses visualization of legal information using a tool for temporal information called "LifeLines." Explores ways "LifeLines" could aid in viewing the links between original case and direct and indirect case histories. Uses the case of Apple Computer, Inc. versus Microsoft Corporation and Hewlett Packard Company to…

Engaging Maori in Biobanking and Genetic Research: Legal, Ethical, and Policy Challenges

Directory of Open Access Journals (Sweden)

Angela Beaton

2015-06-01

Full Text Available Publically funded biobanking initiatives and genetic research should contribute towards reducing inequalities in health by reducing the prevalence and burden of disease. It is essential that Maori and other Indigenous populations share in health gains derived from these activities. The Health Research Council of New Zealand has funded a research project (2012-2015 to identify Maori perspectives on biobanking and genetic research, and to develop cultural guidelines for ethical biobanking and genetic research involving biospecimens. This review describes relevant values and ethics embedded in Maori indigenous knowledge, and how they may be applied to culturally safe interactions between biobanks, researchers, individual participants, and communities. Key issues of ownership, privacy, and consent are also considered within the legal and policy context that guides biobanking and genetic research practices within New Zealand. Areas of concern are highlighted and recommendations of international relevance are provided. To develop a productive environment for "next-generation" biobanking and genomic research,"‘next-generation" regulatory solutions will be required.

PROPOSING AN INTEGRATIVE-PROGRESSIVE MODEL IN HANDLING TROUBLED INDONESIAN OVERSEAS WORKERS IN THE TRANSIT AREA (A SOCIO-LEGAL RESEARCH IN TANJUNG PINANG CITY, KEPULAUAN RIAU PROVINCE

Directory of Open Access Journals (Sweden)

Rina Shahriyani Shahrullah

2015-12-01

Full Text Available Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City.  Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local government has to provide shelters and funds prior to returning them to their home towns. The treatments for the deported workers in the transit area have also raised pros and cons among the stakeholders who are in charge of handling the deported workers. This circumstance may not occur if a special regional regulation of the Riau Islands Province has been issued to govern the troubled Indonesian overseas workers in the transit area.  Due to this vacuum of law, this research aims to establish a mechanism in handling the deported workers in the transit area by designing an integrative-progressive model which can be adopted by the stakeholders. The model is to link the legal and non- legal issues and as well as to provide the collaborative mechanisms for the stakeholders based on the approaches of the integrative and progressive legal theory.

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.

Linking African Researchers with Adaptation Policy Spaces | IDRC ...

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

Linking African Researchers with Adaptation Policy Spaces. Poor understanding of policy processes tends to reduce the value of research results and the ability of researchers to influence policy. One of the main goals of IDRC's Climate Change Adaptation in Africa (CCAA) program is to build the capacity of researchers to ...

Legal Counsel | IDRC - International Development Research Centre

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

The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on ... This involves providing strategic and tactical advice to, and working as an integral member of, IDRC negotiating teams on particular transactions towards:.

Abortion as empowerment: reproductive rights activism in a legally restricted context.

Science.gov (United States)

McReynolds-Pérez, Julia

2017-11-08

This paper analyzes the strategies used by activist health professionals in Argentina who justify providing abortion despite legal restrictions on the procedure. These "insider activists" make a case for abortion rights by linking pregnancy termination to a woman's ability to exert agency at a key point in her reproductive life, and argue that refusing women access to the procedure constitutes a grievous health risk. This argument frames pregnancy termination as an issue of empowerment and also as a medical necessity. This article is based on ethnographic research conducted in Argentina in 2013 and 2015, which includes in-depth interviews with abortion activists and health professionals and ethnographic observation at activist events and in clinics. During the period of my field research, the medical staff in one clinic shifted from abortion counseling, based on a harm reduction model, to legal pregnancy termination, a new mode of abortion provision where they directly provided abortions based on the legal health exception. These insider activists formalized the latter approach by creating a diagnostic instrument that frames women's "bio-psycho-social" reasons for wishing to terminate a pregnancy as medically justified. The clinical practice analyzed in this article raises important questions about the potential for health professionals to take on an activist role by making safe abortion accessible, even in a context where the procedure is highly restricted.

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

Directory of Open Access Journals (Sweden)

Kathleen Charlebois

Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

Ethical and Legal Considerations of Healthcare Informatics

Directory of Open Access Journals (Sweden)

Maria ALUAŞ

2016-12-01

Full Text Available Internet, cloud computing, social networks and mobile technology, all facilitate information transfer. Healthcare professionals, physicians and patients can use informatic devices in order to simplify their access to medical information, to streamline testing, and to understand clinical results. The use of computers and software facilitate doctor-patient interactions by optimizing communication and information flow. However, digital interfaces also increase the risks that information specialists use information without fully complying with ethical principles and laws in force. Our premise is that these information specialists should: 1 be informed of the rights, duties, and responsibilities linked to their profession and laws in force; 2 have guidelines and ethical tutoring on what they need to do in order to avoid or prevent conflict or misconduct; 3 have renewed specific training on how to interpret and translate legal frameworks into internal rules and standards of good practice. The purpose of this paper was: 1 to familiarize professionals who work in healthcare informatics with the ethical and legal issues related to their work; 2 to provide information about codes of ethics and legal regulations concerning this specific area; 3 to summarize some risks linked to wrong or inadequate use of patient information, such as medical, genetic, or personal data.

Datafication of Automated (Legal) Decisions

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

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

Psychological and sociological research and the decriminalization or legalization of prostitution.

Science.gov (United States)

Rio, L M

1991-04-01

In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

Strengthening links between waterfowl research and management

Science.gov (United States)

Roberts, Anthony J.; Eadie, John M.; Howerter, David; Johnson, Fred A.; Nichols, James; Runge, Michael C.; Vrtiska, Mark; Williams, Byron K.

2018-01-01

Waterfowl monitoring, research, regulation, and adaptive planning are leading the way in supporting science-informed wildlife management. However, increasing societal demands on natural resources have created a greater need for adaptable and successful linkages between waterfowl science and management. We presented a special session at the 2016 North American Duck Symposium, Annapolis, Maryland, USA on the successes and challenges of linking research and management in waterfowl conservation, and we summarize those thoughts in this commentary. North American waterfowl management includes a diversity of actions including management of harvest and habitat. Decisions for waterfowl management are structured using decision analysis by incorporating stakeholder values into formal objectives, identifying research relevant to objectives, integrating scientific knowledge, and choosing an optimal strategy with respect to objectives. Recently, the consideration of the value of information has been proposed as a means to evaluate the utility of research designed to meet objectives. Despite these advances, the ability to conduct waterfowl research with direct management application may be increasingly difficult in research institutions for several reasons including reduced funding for applied research and the lower perceived value of applied versus theoretical research by some university academics. In addition, coordination between researchers and managers may be logistically constrained, and communication may be ineffective between the 2 groups. Strengthening these links would help develop stronger and more coordinated approaches for the conservation of waterfowl and the wetlands upon which they depend.

LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

Directory of Open Access Journals (Sweden)

Amelia-Raluca ONIŞOR

2016-05-01

Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

Competitive Legal Professionals' use of Technology in Legal ...

African Journals Online (AJOL)

Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

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

NARCIS (Netherlands)

van den Hoven, P.J.

2017-01-01

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

A computerized legal information management system | Ohiagu ...

African Journals Online (AJOL)

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

Linked Data: Opportunities and Challenges in Disability Research

Science.gov (United States)

Glasson, Emma J.; Hussain, Rafat

2008-01-01

Background: Disability research data often exist in the form of individual records located within discrete registers that may extend across sensitive political boundaries. Method: This paper discusses the opportunities and challenges associated with using linked health and administrative data for disability research, with examples from research…

DANTE announces new research and education link to India

CERN Multimedia

2006-01-01

"Research networking organization DANTE (Delivery of Advanced Network Technology to Europe) has announced that high-speed communication links for students and researchers between India and Europe are now live." (1 page)

German Legal History: National Traditions and Transnational Perspectives

Directory of Open Access Journals (Sweden)

Thomas Duve

2014-01-01

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

The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

Science.gov (United States)

Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

2016-01-01

This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

Legal Information Sources: An Annotated Bibliography.

Science.gov (United States)

Conner, Ronald C.

This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

Adaptation Finance: Linking Research, Policy, and Business | CRDI ...

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

Adaptation Finance: Linking Research, Policy, and Business. This project will train up to 36 emerging climate change leaders in the field of adaptation finance, which funds efforts to adapt to climate change impacts. The goal is to bring together participants from research, policy, and private sector backgrounds to equip them ...

Prohibition as ontological basis of the Russian legal reality

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2016-09-01

Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

The Possibility of Developing Researches in the Legal Field Making use of the Qualitative Approach Methodology

Directory of Open Access Journals (Sweden)

Adriana Ferreira Serafim de Oliveira

2016-10-01

Full Text Available This article, through the deductive research, discusses the possibility to research in the field of legal sciences through the qualitative methodology used in the researches in Human Sciences. The north for this study was given by the qualitative methodology to the exploration of the content of the bibliography interdisciplinary elected in Law and Education areas, considering the object of the study the connection of the objects of the research in these areas. Education, in Human Sciences, uses this approach to investigate facts through documentary or field research and the same methodology can be applied in the Law area.

Legal Protection Against The Dance Creator In Indonesia

OpenAIRE

Juwita; Juajir Sumardi; Oky Deviany Burhamzah; Hasbir Paserangi

2015-01-01

This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study ...

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

International Nuclear Information System (INIS)

2010-01-01

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

Discrimination of legal entities: Phenomenological characteristics and legal protection

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2017-01-01

Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

The Essence Of The Legal Culture In Achieving The Purpose Of Criminalization For Corruptor

Directory of Open Access Journals (Sweden)

Halila Rama Purnama

2015-08-01

Full Text Available Abstract Nowadays efforts to eradicate corruption become a global problem and not only as a national or regional issues. For a developing country like Indonesia has almost become a condition sine qua non. This research reviews the role of legal culture in formulating the legal awareness of the public in an effort to prevent corruption. This research is a sociolegal research leading to search ontologically. The type of research combines the empirical and normative studies. The outcomes of the research indicate that as an extraordinary crime corruption cases should be carried out in an extraordinary way. The consequence it is not only the financial loss of state but a crime that violates the rights of social and economic at large and systemic. Observing the criminal sanctions applicable in the law of corruption linked to the purpose of criminalization against perpetrators of corruption corruptor it can be seen that the essence of criminalization is intended as an attempt to eradicate corruption. But these efforts to date cannot be said to achieve its goals because that looks just taking measure have not been effective to minimize corruption. Criminalization efforts have not actually created the states role in protecting people against the corruption.

The legal regulation of career course in Latvian Police

OpenAIRE

Kitija Bite

2013-01-01

ANNOTATION The research „The legal regulation of career course in Latvian Police” describes the existing legal regulation of all Service elements. In order to unveil the intended purpose several aspects were analyzed – selection and professional training for the Service, organization of the career and termination of legal relationships. The structure of the research is constituted by the given elements, where a chapter is dedicated to each of them. With regard to foreign exp...

Enabling cross-disciplinary research by linking data to Open Access publications

Science.gov (United States)

Rettberg, N.

2012-04-01

OpenAIREplus focuses on the linking of research data to associated publications. The interlinking of research objects has implications for optimising the research process, allowing the sharing, enrichment and reuse of data, and ultimately serving to make open data an essential part of first class research. The growing call for more concrete data management and sharing plans, apparent at funder and national level, is complemented by the increasing support for a scientific infrastructure that supports the seamless access to a range of research materials. This paper will describe the recently launched OpenAIREplus and will detail how it plans to achieve its goals of developing an Open Access participatory infrastructure for scientific information. OpenAIREplus extends the current collaborative OpenAIRE project, which provides European researchers with a service network for the deposit of peer-reviewed FP7 grant-funded Open Access publications. This new project will focus on opening up the infrastructure to data sources from subject-specific communities to provide metadata about research data and publications, facilitating the linking between these objects. The ability to link within a publication out to a citable database, or other research data material, is fairly innovative and this project will enable users to search, browse, view, and create relationships between different information objects. In this regard, OpenAIREplus will build on prototypes of so-called "Enhanced Publications", originally conceived in the DRIVER-II project. OpenAIREplus recognizes the importance of representing the context of publications and datasets, thus linking to resources about the authors, their affiliation, location, project data and funding. The project will explore how links between text-based publications and research data are managed in different scientific fields. This complements a previous study in OpenAIRE on current disciplinary practices and future needs for infrastructural

The Use and Incorporation of Extralegal Insights in Legal Reasoning

Directory of Open Access Journals (Sweden)

Ivo Giesen

2015-01-01

Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

The users of legal information

Directory of Open Access Journals (Sweden)

Fabio Assis Pinho

2012-04-01

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

Future issues in transplantation ethics: ethical and legal controversies in xenotransplantation, stem cell, and cloning research.

Science.gov (United States)

Shapiro, Robyn S

2008-07-01

With little prospect of developing a sufficient supply of human transplantable organs to meet the large and growing demand, attention has turned to xenotransplantation, as well as stem cell and cloning research, as possible approaches for alleviating this allograft shortage. This article explores ethical and legal issues that surround developments in these fields.

At the Edge of US Immigration’s “Halt of Folly:” Data, Information, and Research Needs in the Event of Legalization

Directory of Open Access Journals (Sweden)

Fernando Riosmena

2013-12-01

Full Text Available Virtually all accounts of the state of the US immigration system point to its patently broken condition, with the presence of almost 12 million people without legal status paramount to this characterization. Because of several recent developments including continued and renewed interest in regularizing the status of most unauthorized migrants in executive and legislative branch agendas, the Center for Migration Studies of New York, with support from the John D. and Catherine T. MacArthur Foundation, convened a group of immigration specialists, researchers, scholars, and advocates in Washington, DC in September 2013 to discuss potential data, information, and research needs in the event of the enactment of large-scale legalization programs for the unauthorized population.This paper describes the results of this one-and-a-half day discussion. It begins with a description of the contours of a legalization program if it were to follow a similar form as S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act passed by the Senate in June 2013. In addition to being the most recent effort in this area, S. 744 includes a relatively complex set of conditions for “earning” legalization. A number of data, information, and research needs would need to be met to ensure the proper implementation of such a program. First, planning for effective local outreach and service delivery efforts requires estimating the eligible population at finer-scale geographies; understanding financial and time disincentives to apply and adhere to the program and skill levels required; assessing capacity in service delivery relative to the size and service needs of the local eligible population; tracking the progress of applicants through the legalization process; and understanding effective forms of outreach and service delivery. Second, assessing the effects of legalization on immigrant integration, future immigration, and fiscal and economic life

From Research to Policy: Linking Climate Change Adaptation to ...

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

From Research to Policy: Linking Climate Change Adaptation to Sustainable Agriculture. Research on climate change and its impact on the ... Outputs. Journal articles. Factors affecting households vulnerability to climate change in Swaziland : a case of Mpolonjeni Area Development Programme (ADP). Download PDF ...

Stem cell research and therapies in Argentina: the legal and regulatory approach.

Science.gov (United States)

de Arzuaga, Fabiana C

2013-12-01

Argentina has a significant number of researchers in public and private institutions conducting research in regenerative medicine and stem cells. There is not specific legislation in this area; however, the National Ministry of Health has issued regulations under the scope of the Transplant Act and the Medicines Act. Alongside the groups doing research, it is possible to find professionals offering experimental stem cell therapies to patients. These professionals take refuge in the term "medical practice" and sell experimental treatment to patients with no guarantee of safety and security given that they were not tested in clinical research. These practices offered to patients in a scheme, apparently legal, are generating an important number of judicial actions requesting the payment of said treatments. The decisions of the courts ordering payment in most cases are generating a transfer of funds from patients, social welfare systems, and the state to medical centers offering stem cell experimental therapies. This article describes the current regulations as well as the course of action to solve the emerging problems of these new technologies at legislative level.

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

Science.gov (United States)

Ammerman, Seth; Ryan, Sheryl; Adelman, William P

2015-03-01

This technical report updates the 2004 American Academy of Pediatrics technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as are definitions and biology of marijuana compounds, side effects of marijuana use, and effects of use on adolescent brain development. Issues concerning medical marijuana specifically are also addressed. Concerning legalization of marijuana, 4 different approaches in the United States are discussed: legalization of marijuana solely for medical purposes, decriminalization of recreational use of marijuana, legalization of recreational use of marijuana, and criminal prosecution of recreational (and medical) use of marijuana. These approaches are compared, and the latest available data are presented to aid in forming public policy. The effects on youth of criminal penalties for marijuana use and possession are also addressed, as are the effects or potential effects of the other 3 policy approaches on adolescent marijuana use. Recommendations are included in the accompanying policy statement. Copyright © 2015 by the American Academy of Pediatrics.

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

Strengthening health systems through linking research evidence to ...

African Journals Online (AJOL)

informed policies. Accordingly, a critical way of addressing these challenges facing health systems in the region is through the linking of health research findings to policy. Keywords: Evidence; Sub-Saharan Africa; Health Policy; Health Systems ...

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.

FAA airborne data link human factors research plan

Science.gov (United States)

1993-07-01

This report contains a five-year plan to perform research of human factors issues and topics : related to Data Link implementations in general aviation and transport category aircraft. : Elements such as resource allocation and management and coordin...

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

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

International Nuclear Information System (INIS)

Prelle, M.

1977-01-01

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

Attraction of business and restriction in legal practice in Nigeria and ...

African Journals Online (AJOL)

PROMOTING ACCESS TO AFRICAN RESEARCH ... The legal practice is perceived by many to be a noble profession where high professional standards and ... Keywords: Attraction, Legal Practice, Globalization, Legal Education, Entreprelaw ...

Personal Dignity in the European Legal Culture

Directory of Open Access Journals (Sweden)

Lyudmila V. Butko

2017-09-01

Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

The linked medical data access control framework.

Science.gov (United States)

Kamateri, Eleni; Kalampokis, Evangelos; Tambouris, Efthimios; Tarabanis, Konstantinos

2014-08-01

The integration of medical data coming from multiple sources is important in clinical research. Amongst others, it enables the discovery of appropriate subjects in patient-oriented research and the identification of innovative results in epidemiological studies. At the same time, the integration of medical data faces significant ethical and legal challenges that impose access constraints. Some of these issues can be addressed by making available aggregated instead of raw record-level data. In many cases however, there is still a need for controlling access even to the resulting aggregated data, e.g., due to data provider's policies. In this paper we present the Linked Medical Data Access Control (LiMDAC) framework that capitalizes on Linked Data technologies to enable controlling access to medical data across distributed sources with diverse access constraints. The LiMDAC framework consists of three Linked Data models, namely the LiMDAC metadata model, the LiMDAC user profile model, and the LiMDAC access policy model. It also includes an architecture that exploits these models. Based on the framework, a proof-of-concept platform is developed and its performance and functionality are evaluated by employing two usage scenarios. Copyright © 2014 Elsevier Inc. All rights reserved.

Informed consent, and an ethico-legal framework for paediatric observational research and biobanking: the experience of an Italian birth cohort study.

Science.gov (United States)

Toccaceli, Virgilia; Serino, Laura; Stazi, Maria Antonietta

2014-12-01

Birth cohort studies are important tools for life-course epidemiology, given the spectrum of the environmental, behavioural, and genetic factors that should be considered when making judgements on human health. Biobanks are valuable components of studies designed to investigate the genetic variability of diseases and improve phenotypic characterisation. In studies involving vulnerable populations and biobanks, it is essential to provide ethical reasoning and analyse the legal requirements. We describe the processes and the tools used in the iterative design of an appropriate informed consent model and the ethico-legal framework of the Piccolipiù study. The Piccolipiù study is a prospective population-based study funded by the Italian Ministry of Health that intends to enrol 3,000 newborns and their mothers in five Italian cities, and to store biological samples for future use. To realise these objectives, we performed a thorough evaluation of the literature, of national and international guidelines, and of the impact of the Italian legal requirements for research biobanking. Discussions among stakeholders facilitated the design of the informed consent and the ethico-legal framework. Several topics are addressed, including the suitability of a broad informed consent for paediatric biobanks, infant vulnerability, access to and sharing of data, and the disclosure of individual's genetic results. Discussion of the ethical and legal procedures adopted in epidemiological biobanking might be a fruitful ground for comparison both at the national level, where standardization and homogeneity are lacking, and at the international level, where different regulatory issues are often in the background and might hamper research biobanks networking.

Legal Protection To The Infotainment Of Press Development In Indonesia

Directory of Open Access Journals (Sweden)

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.

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.

Legal issues in radon affairs

International Nuclear Information System (INIS)

Massuelle, M.H.

1999-01-01

In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

Legal issues in radon affairs

Energy Technology Data Exchange (ETDEWEB)

Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

1999-12-01

In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of expertsand the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise.

Should academic journals publish e-cigarette research linked to tobacco companies?

Science.gov (United States)

Shaw, David M; Etter, Jean-François; Elger, Bernice S

2016-08-01

Electronic cigarettes are currently polarizing professional opinion. Some public health experts regard them as an effective smoking cessation aid and a vital means of reducing active and passive smoking, while others regard them as another attempt by the tobacco industry to create new customers and addicts. These different attitudes unsurprisingly yield different conclusions regarding both the appropriate regulation of e-cigarettes and the ethical status of research funded by, or conducted in, cooperation with the tobacco industry. This paper examines whether e-cigarette research linked to the tobacco industry should be regarded as an exception to the rule that tobacco industry research is so tainted by conflicts of interest that journals should refuse to publish them, or at the very least treat them as a special case for scrutiny. Despite the fact that e-cigarettes can be used for smoking cessation, most of the conflicts of interest that apply to other tobacco research also apply to e-cigarette research linked to that industry. Journals that currently refuse to publish findings from studies linked to tobacco companies have no reason to make an exception in the case of e-cigarettes. © 2015 Society for the Study of Addiction.

Customer value in legal services : a contingency approach

NARCIS (Netherlands)

Esther Verboon

2014-01-01

Purpose Due to the recent economic crisis, competition has considerably increased in the legal profession in the Netherlands. However, marketing in legal services is mostly in its infancy and value research in this context is scarce. We therefore used a contingency approach in exploring the origin

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....

Enrolling HIV-positive adolescents in mental health research: A case study reflecting on legal and ethical complexities

Directory of Open Access Journals (Sweden)

Nataly Woollett

2017-08-01

Full Text Available Background. Adolescents living with HIV are an emerging group in the global HIV/AIDS epidemic. Mental health in this population affects HIV care, treatment, consequential morbidity and secondary transmission. There is a paucity of research regarding these youth in South Africa (SA, partly because section 71 of the National Health Act of 2003 (NHA requires parental or guardian’s consent. Objective. To explore legal and ethical issues related to conducting adolescent mental health research in SA. Methods. After obtaining a High Court order permitting research on minors aged <18 years without prior parental or guardian’s consent, we used qualitative and quantitative methods to interview adolescents in five clinics serving HIV-positive adolescents in Johannesburg. Results. Our study enrolled 343 participants; 74% were orphaned and did not have legal guardians, 27% were symptomatic for depression, anxiety or post-traumatic stress disorder, 24% were suicidal, and almost 90% did not feel that they belonged in the family with which they lived. Without court intervention, most of the participants could not have participated in this research because parental consent was impossible to obtain. This case study argues for exceptions to the parental consent requirement, which excludes orphaned and vulnerable children and youth from research. Conclusions. Recommendations are made to promote ethical integrity in conducting mental health research with adolescents. A balance is needed between protecting adolescents from exploitation and permitting access to benefits of research. Requiring parental consent for all research does not necessarily give effect to policy. For the vast majority of SA HIV-positive adolescents, parental consent is not possible. Section 71 of the NHA ought to be amended to facilitate valuable and necessary research concerning HIV-positive orphan children and adolescents.

Venturing into cyberspace - some legal issues

International Nuclear Information System (INIS)

Gahtan, A.M.

1999-01-01

Issues regarding the use of the world-wide web by oil and gas companies were discussed. A series of overhead viewgraphs were used to illustrate general advertising and promotion issues including liability for links and frames, web site development agreements, and web site hosting agreements. The meaning of industry or product-specific advertising, trade mark infringement implications, the significance of foreign jurisdictions in operating a website, other significant website concepts, and the general principles of website development and attendant legal implications are explored

Criminal-legal prohibitions in the soviet juridical discourse

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2014-01-01

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

INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

Directory of Open Access Journals (Sweden)

Yuniarti Yuniarti

2014-09-01

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

Legality of Tawarruq in Islamic Finance

Directory of Open Access Journals (Sweden)

Nur Yuhanis Bt Ismon

2012-01-01

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

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.

Theoretical and methodological basis of the comparative historical and legal method development

Directory of Open Access Journals (Sweden)

Д. А. Шигаль

2015-05-01

Full Text Available Problem setting. Development of any scientific method is always both a question of its structural and functional characteristics and place in the system of scientific methods, and a comment as for practicability of such methodological work. This paper attempts to give a detailed response to the major comments and objections arising in respect of the separation as an independent means of special and scientific knowledge of comparative historical and legal method. Recent research and publications analysis. Analyzing research and publications within the theme of the scientific article, it should be noted that attention to methodological issues of both general and legal science at the time was paid by such prominent foreign and domestic scholars as I. D. Andreev, Yu. Ya. Baskin, O. L. Bygych, M. A. Damirli, V. V. Ivanov, I. D. Koval'chenko, V. F. Kolomyitsev, D. V. Lukyanov, L. A. Luts, J. Maida, B. G. Mogilnytsky, N. M. Onishchenko, N. M. Parkhomenko, O. V. Petryshyn, S. P. Pogrebnyak, V. I. Synaisky, V. M. Syryh, O. F. Skakun, A. O. Tille, D. I. Feldman and others. It should be noted that, despite a large number of scientific papers in this field, the interest of research partnership in the methodology of history of state and law science still unfairly remains very low. Paper objective. The purpose of this scientific paper is theoretical and methodological rationale for the need of separation and development of comparative historical and legal method in the form of answers to more common questions and objections that arise in scientific partnership in this regard. Paper main body. Development of comparative historical and legal means of knowledge is quite justified because it meets the requirements of the scientific method efficiency, which criteria are the speed for achieving this goal, ease of use of one or another way of scientific knowledge, universality of research methods, convenience of techniques that are used and so on. Combining the

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

Science.gov (United States)

Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

2010-01-01

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

Modern Questions Of The Legal Philosophy

Directory of Open Access Journals (Sweden)

Gennadiy A. Torgashev

2014-06-01

Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

Mentally disordered criminal offenders: legal and criminological perspectives.

Science.gov (United States)

Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

2009-01-01

Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

Anti-corruption policy in the system of legal measures

Directory of Open Access Journals (Sweden)

Tatyana Viktorovna Filonenko

2015-09-01

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

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...

Epigenetics and Child Psychiatry: Ethical and Legal Issues.

Science.gov (United States)

Thomas, Christopher R

2015-10-01

Epigenetics has the potential to revolutionize diagnosis and treatment in psychiatry, especially child psychiatry, as it may offer the opportunity for early detection and prevention, as well as development of new treatments. As with the previous introduction of genetic research in psychiatry, there is also the problem of unrealistic expectations and new legal and ethical problems. This article reviews the potential contributions and problems of epigenetic research in child psychiatry. Previous legal and ethical issues in genetic research serve as a guide to those in epigenetic research. Recommendations for safeguards and guidelines on the use of epigenetics with children and adolescents are outlined based on the identified issues. Copyright © 2015 John Wiley & Sons, Ltd.

Regional Legal Assistance

Directory of Open Access Journals (Sweden)

Abdul Fatah

2015-06-01

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

Semantiz Structure of the Legal Term

Directory of Open Access Journals (Sweden)

Екатерина Владимировна Кулевская

2016-12-01

Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

Marijuana Legalization: Impact on Physicians and Public Health.

Science.gov (United States)

Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

Legal mentality: the interpretation of the scientific discourse

Directory of Open Access Journals (Sweden)

Ігор Олексійович Поліщук

2016-06-01

, until recently, there was a certain shade of secondary and subordinate legal mentality. Such categorical secondary importance legal mentality has remained and when the term began to be actively used in the science of law. It is proved that the concept of «legal mentality» has a great heuristic potential and should be the focus of current research.

Improvement of national legislation in alternative resolution of legal disputes area

Directory of Open Access Journals (Sweden)

Ярослав Павлович Любченко

2016-01-01

Full Text Available Problem setting. Current legislation does not adequately regulate using of alternative dispute resolution. The article emphasizes the need for amending existing legislation to ensure its compliance with international standards, its obligations in connection with the signing of the Association Agreement and ensure efficient use of alternative dispute resolution (hereinafter - ADR party relations. Recent research and publications analysis. Problems of alternative dispute resolution were viewed in their works viewed N. Bondarenko-Zelinska, Y. Pritika, O. Spectr, A. Shypilova, V. Yakovleva and others. Paper objective The article goal is to analyze the proposals of the Constitutional Commission in the field of justice, as well as analysis of bills related to ADR, research of problems of legal regulation, which will help optimize procedures and improve the law in general. The paper main body. Realization of economic, political, governmental, legal and other reforms in society lead to a significant strengthening of social and legal tensions, the emergence of a large number of conflicts in the legal field. Traditionally, parties use courts that are organized and funded by the state in order to protect rights and legal interests. However, justice for many obvious advantages has several disadvantages: a large workload of courts, length and complexity of the proceedings, considerable legal costs not properly worked out mechanism of the principle of competition and equality. Conclusions of the research. Problems of alternative dispute resolution in domestic legal literature are mostly synthesis and theoretical. Various alternative forms, procedures, and methods are used by foreign countries, along with the traditional proceedings. They do not replace justice and do not deprive the persons right for judicial protection. Instead, give them a choice between public or non-governmental (private forms of resolving legal disputes, allowing parties to decide which

Contributions from assited human reproduction techniques' socio-legal research to the legislative field

Directory of Open Access Journals (Sweden)

Marisa Herrera

2017-03-01

Full Text Available This paper’s intention is to share some of the main results of two field-based research projects regarding assisted human reproduction practices in Argentina. Both projects have been developed in a dynamic legislative context involving medical coverage regulation, parentage determination and the right to know one's origins for children born with third party genetic material. Also, in this context, the Draft Civil and Commercial Code reform introduced two figures that were then removed in the parliamentary debate: post mortem fertilization and surrogate motherhood. All these issues concerning the use of assisted human reproduction challenge the legal field and are addressed in these research projects, one of them more from an explorative perspective and the other from a qualitative one. Therefore, this article aims to introduce some of the measured variables and the findings obtained to serve as relevant contributions to achieve a more appropriate legislation according with the medical and social reality.

Atypical real estate objects: legal regime and control system

Directory of Open Access Journals (Sweden)

Voskresenskaya Elena

2017-01-01

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

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

Science.gov (United States)

Hall, Matthew; Greenman, Emily

2015-01-01

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

Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

Directory of Open Access Journals (Sweden)

Matulewska Aleksandra

2016-06-01

Full Text Available The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i the analysis of comparable texts, (ii the method of parametrisation of the legal linguistic reality, (iii the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

Science.gov (United States)

Otgaar, Henry; Sauerland, Melanie; Petrila, John P

2013-01-01

The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

Legal and political obstacles to smoke-free regulation in Minnesota regions.

Science.gov (United States)

Cork, Kerry; Forman, Carolyn

2008-12-01

As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

THE LEGAL PROTECTION FOR REAL LAND RIGHT HOLDER IN CASE OF FORGED RINCIK

Directory of Open Access Journals (Sweden)

Nirwana Nirwana

2017-12-01

Full Text Available The legal Protection For Real Land Right Holder in Case of Forged Rincik. The research aimed to investigate (1 the legal protection for the land owner whose possession was based on rincik evidence, and (2 the legal protection on the good-will buyer based on the forged rincik document used in the land sale transaction. This was the normative legal research, also called the library research or documentary study because the research was only conducted on the written regulations or other legal materials or secondary data consisting of the primary and secondary legal materials. The interview was performed to strengthen the theories and opinions in the research. The research also used the Secondary data. the data were analysed and presented using the qualitative descriptive method. The research result indicate that: (1 the real land owner with rincik possession issued after the year 1960 based on the decision of Indonesian Supreme Court No. 560K / PID / 2008 has not been fully protected due to the fact that the seller is funished for forging the rincik., returning the right to the land owner can not be carried out due to the decision of Indonesian Supreme Court Number. 482 / PK / Pdt / 2014 which make the buyer win, while the real land owner is the directed to sue the land seller to give the compensation: and (2 the legal protection on the good faith buyer based on forget rincik in the land sale transaction has been fully protected and has the ringt to possess the land based on the decision of Indonesian Supreme Court Number. 482/PK/Pdt/2014 because the buyer has bought the land in the presence of Temporary Land Title Registar.

Chinese legal texts – Quantitative Description

Directory of Open Access Journals (Sweden)

Ľuboš GAJDOŠ

2017-06-01

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

Marijuana Legalization: Impact on Physicians and Public Health

Science.gov (United States)

Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

2016-01-01

Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

The Legal Regulation of Cybersecurity

Directory of Open Access Journals (Sweden)

Darius Štitilis

2013-08-01

have been used in the research. The author have used a comparative method to investigate the EU cybersecurity strategy as well a, Lithuanian and foreign situations. The empirical analysis of legal documents was used to determine the legal regulation of the cybersecurity in Lithuania. In addition, Legal acts of the Republic of Lithuania have been analyzed. Having analyzed the official documents, the method allows identifying and describing the relationship between the valid legal regulations accurately. Using literature resources, the author has used the deductive method which allows drawing sufficiently reliable conclusions.

Calibrating Legal Judgments

Directory of Open Access Journals (Sweden)

Frederick Schauer

2017-09-01

Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements.

Science.gov (United States)

Geary, Janis; Jardine, Cynthia G; Guebert, Jenilee; Bubela, Tania

2013-01-01

Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Review. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.

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...

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

The research of domestic and foreign normative and legal regulation of risk accounting

OpenAIRE

Tetyana Korolyuk

2015-01-01

The basic approaches to normative and legal regulation of risk accounting in Ukraine and abroad are investigated in the article. While studying the national legal framework it is established that the definition of the notion «risk» is only available in the Tax Code of Ukraine, where the risk is associated with the probability of non-payment of taxes by taxpayers. Domestic accounting regulations (standards) are studied, but interpretation of the notion «risk» is not detected. The presence of i...

Public perceptions of arguments supporting and opposing recreational marijuana legalization.

Science.gov (United States)

McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

2017-06-01

In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

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

Legal and ethical issues arising with preimplantation human embryos.

Science.gov (United States)

Robertson, J A

1992-04-01

The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

Bank guarantee in Serbian and European legal systems

Directory of Open Access Journals (Sweden)

Pajtić Bojan L.

2015-01-01

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

Breaking The Link Between Legal Access To Alcohol And Motor Vehicle Accidents: Evidence From New South Wales.

Science.gov (United States)

Lindo, Jason M; Siminski, Peter; Yerokhin, Oleg

2016-07-01

A large literature has documented significant public health benefits associated with the minimum legal drinking age in the USA, particularly because of the resulting effects on motor vehicle accidents. These benefits form the primary basis for continued efforts to restrict youth access to alcohol. It is important to keep in mind that policymakers have a wide variety of alcohol-control options available to them, and understanding how these policies may complement or substitute for one another can improve policy making moving forward. Towards this end, we propose that investigating the causal effects of the minimum legal drinking age in New South Wales, Australia, provides a particularly informative case study, because Australian states are among the world leaders in their efforts against drunk driving. Using an age-based regression discontinuity design applied to restricted-use data from several sources, we find no evidence that legal access to alcohol has effects on motor vehicle accidents of any type in New South Wales, despite having large effects on drinking and on hospitalizations due to alcohol abuse. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.

Organ retention and communication of research use following medico-legal autopsy: a pilot survey of university forensic medicine departments in Japan.

Science.gov (United States)

Tsujimura-Ito, Takako; Inoue, Yusuke; Yoshida, Ken-ichi

2014-09-01

This study investigated the circumstances and problems that departments of forensic medicine encounter with bereaved families regarding samples obtained from medico-legal autopsies. A questionnaire was posted to all 76 departments of forensic medicine performing medico-legal autopsies in Japan, and responses were received from 48 (63.2%). Of the respondents, 12.8% had approached and communicated with bereaved families about collecting samples from the deceased person during an autopsy and the storage of the samples. In addition, 23.4% of these had informed families that samples might be used in research. Eighteen departments had received enquiries and requests from families about the samples, with most requests concerning their return. The response to such requests varied according to the department. Few departments interacted with the bereaved families regarding the procedure for obtaining autopsy samples, and their methods for handling family concerns differed depending on the person within the department authorised to contact the family. Moreover, the procedures for engaging in such communication have long been unclear, and no legal or ethical consensus or agreement with the general public has been established. It is important for researchers to further discuss the correct way for forensic medicine departments to communicate with bereaved families. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Towards a Legal Recommender System

NARCIS (Netherlands)

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

2014-01-01

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

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.

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 PROTECTION FOR CONSUMER OF UNLICENCED VAPOR FROM DRUG AND FOOD SUPERVISORY AGENCY

Directory of Open Access Journals (Sweden)

Dedhi Bima Samudra

2018-04-01

Full Text Available Abstract This research begins with the number of liquid vapor that is not licensed BPOM spread in Indonesia, and there is no clear law for liquid vapor, so there is no clarity from legal protection against liquid vapor consumers who are not licensed from  BPOM. Therefore, in this research, there is the formulation of the problem as follows: Is there a legal protection against liquid vapor consumers who are not licensed from BPOM?. The purpose of this research to determine whether there is legal protection against liquid vapor consumers who are not licensed BPOM. So this research can be useful for subsequent research that has the same theme and beneficial to researchers, liquid vapor consumers and also for the government. The research method used is the normative method. Normative research methods using statute approach. The result of the research shows that there is legal protection for liquid vapor consumer who is not licensed by BPOM, which is reviewed from the Law of the Republic of Indonesia Number 36 Year on concerning the health of Article 113 paragraph (1 and Article 114, Law of the Republic of Indonesia Number 8 Year 1999 on Consumer protection Article 8 paragraph (1 c and paragraph (1 i, Regulation of the Head of the Food and Drug Supervisory Agency of the Republic of Indonesia Number 4 Year 2017 on the Supervision of the Importation of Drugs into the Territory of Indonesia Article 4 paragraph (1. Keywords: Legal Protection, Consumer, Liquid-Vapor

Legal, ethical,and economic constraints

International Nuclear Information System (INIS)

Libassi, F.P.; Donaldson, L.F.

1980-01-01

This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

Opinions of legal professionals: Comparing child and adult witnesses' memory report capabilities

Directory of Open Access Journals (Sweden)

Jens Knutsson

2014-07-01

Full Text Available The opinions of legal professionals about child and adult witnesses might influence the likelihood that a case is allowed to proceed through the different stages of the legal process. With the aim of knowing the opinions of legal practitioners about child and adult witnesses, 84 legal professionals (Swedish police, prosecutors, and attorneys were surveyed about their beliefs about child and adult eyewitness memory (and metamemory abilities. The respondents answered 27 questions relating to nine forensically relevant belief areas in which they compared the memory ability of children (ages 7 to 11 years and adults. The results showed no differences in assessment among members of different professions and a general trend suggesting that, across the professions, children were believed to be poorer witnesses than adults regarding their memory abilities. Moreover, the professionals' within-group consensus was very low. These results are discussed in the context of eyewitness research findings and with respect to the implications for both legal and research practice.

Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements

Directory of Open Access Journals (Sweden)

Janis Geary

2013-08-01

Full Text Available Background. Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK. Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. Objective. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Design. Review. Results. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Conclusions. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.

Teaching and Research: Establishing Link in Studio-Based Education

Directory of Open Access Journals (Sweden)

A. Ozdemyr

2007-09-01

Full Text Available The compelling ideal of modern architectural education associated with Boyer’s (1990 framework is a scholarly collaboration by a relationship between teaching and research. Research enhances teaching through the introduction of new topics and methodologies. Research-based teaching stimulates better communication between students and lecturers as researchers. Students’ comments and questions can improve the subject of future research. A model of research-based teaching can be structured to teach both research findings and processes. This model can be well integrated to current curriculum with emphasis on research-oriented teaching in which students take part in the research process. In this process, instructors use their research experience during their interactions with students. This paper discusses the establishment of the link between research and teaching in the built environment with cases from studio-based learning in Landscape Architecture discipline. The argument is that studio-based education should be accepted as a pedagogical method to take part in teaching research to make connections between architecture and other disciplines. This effort will position the education into a research-based setting and make proposals to re-orient curriculum so that researchers can teach what and how they research.

ORGANIZATIONAL AND LEGAL RESEARCH OF INDICATORS OF INCIDENCE AND PREVALENCE OF DIABETES MELLITUS IN COUNTRYSIDE AREAS

Directory of Open Access Journals (Sweden)

Zbrozhek SI

2017-03-01

Full Text Available Introduction. For recent decades in Ukraine populations’ health indicators became quite serious negative trends: increased mortality rates among people of working age, morbidity, reduced life expectancy and more. It should also be noted that one of the main indicators of the state, its civilization and competitiveness is the degree of orientation of the state to improve the health of citizens, legal and organizational improvement of the healthcare sector. The financial and economic crisis has significantly exacerbated the problems associated with the provision of medical care in Ukraine, ensuring its availability and good quality. The current healthcare system is fair and complaints from the public, and the medical staff, it is still not able to adequately meet the needs of the population in healthcare, to ensure the availability, quality and timeliness of health services, adequate prevention of morbidity, mortality and more. The need for healthcare reform emphasizes the failure to ensure the proper conditions existing in state funding and to implement effective schemes for full competition in the healthcare and pharmaceutical provision in countryside areas is therefore, in Ukraine implemented new organizational and legal approaches in reforming the health service. That is why in Ukraine implementing processes that are transparent, will reduce unnecessary costs for public administration and improve accessibility of the medications in countryside areas of different clinical and pharmacological, classification, nomenclature, legal and regulatory groups used in the pharmacotherapy of diabetes mellitus. Materials and methods. The organizational and legal, forensic and pharmaceutical researches were conducted in countryside areas at the regional level on example of the Kharkiv region on the basis of 62 public healthcare institutions, 16 public enterprises of healthcare and health companies of other ownership. Materials of the research were: the

The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

Directory of Open Access Journals (Sweden)

Felipe Vollbrecht Sperandio

2012-07-01

Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

Directory of Open Access Journals (Sweden)

Camelia, CHIRILA

2014-11-01

Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

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....

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'. ...

Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

OpenAIRE

Tamir Moustafa

2013-01-01

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

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

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

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

International countertrade arrangements and their legal structure: Double edge sword or future of the modern trade

Directory of Open Access Journals (Sweden)

Milenković-Kerković Tamara

2011-01-01

Full Text Available The experiences and the practice of many countries show that countertrade could be used as the significant method for incensement of the export as well as for the promotion of the foreign investments even in the period of deep financial crises. Contemporary governments' pro-active countertrade orientation in USA, Israel, Sweden, Norway, Japan and other developed countries highlights the inadequacy of the obsolete and stereotypical concept of the countertrade as the compensation transaction based on the 'trade without money' concept. Besides this, the practices proved that countertrade transactions are the consequence and the indicator of economic shocks. Therefore, the study of the special legal issues that may arise in countertrade transactions will be very important not only for the domestic legal doctrine but also for the commercial practice. As national laws do not contain provisions specific for countertrade, it is of particular importance to analyze legal question such as structuring and drafting of countertrade arrangements as well as to study the question of the legal nature of the contractual link between legal instruments which form multicontractual mechanism of countertrade transactions. The character of the legal connection among the legal instruments in countertrade arrangement, as well as the legal nature of the countertrade commitment, strongly influence the countertrade agreement's legal nature. The economic reality of a group of contracts joined by the common goal of the transaction (consideration and the countertrade commitment has to be followed by the legal reality which will recognize the legal interdependence of the obligation deriving from the legally independent countertrade arrangement.

Formation of ecological and legal science: resource aspect and its integration problems

Directory of Open Access Journals (Sweden)

А. П. Гетьман

2016-04-01

Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

Trappings of technology: casting palliative care nursing as legal relations.

Science.gov (United States)

Larsen, Ann-Claire

2012-12-01

Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

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.

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"

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

Directory of Open Access Journals (Sweden)

Andriichenko Zhanna O.

2017-11-01

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

RPA Field Simulations:Dilemma Training for Legal and Ethical Decision Making

Science.gov (United States)

2015-11-07

RPA Field Simulations: Dilemma-Training for Legal and Ethical Decision-Making Professor Wilbur Scott Dept of...Sciences & Leadership all take the Capstone Experience Course (CEC)  CEC offers several different kinds of projects, one consists of RPA Field...Simulation  Two phases in RPA Field Simulation – classroom phase and field phase  Purpose: link theoretical understanding/moral reasoning with

The penal aspect of the essence of the legal institute

Directory of Open Access Journals (Sweden)

Олег Миколайович Кревсун

2016-04-01

Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

[The legal question of the obtention of human stem cells for biomedical research. Legislation policy considerations].

Science.gov (United States)

Romeo Casabona, Carlos María

2006-01-01

The future Law on Biomedical Research, whose draft bill has been approved by the Council of Ministers and that will soon begin its parliamentary process of approval, will regulate, among other matters, the research with embryos. Likewise, it will make a pronouncement on the so-called therapeutic cloning. This report makes a detailed analysis of different matters that must be borne in mind by the legislator in order to face the process of evaluation and approval of said Law in relation with the aforementioned matters. It makes a special analysis of the legal texts of an international nature to which Spain is unavoidably subjected to, in such a way that the legislative text that will finally be approved is not contrary to the dispositions that are within such.

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.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

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

MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

Science.gov (United States)

Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

2018-03-01

The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

Legal considerations for urban underground space development in Malaysia

Directory of Open Access Journals (Sweden)

F. Zaini

2017-12-01

Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

The latitude of logic in legal hermeneutics

Directory of Open Access Journals (Sweden)

Medar Suzana

2014-01-01

may lead to the perception of law as ars aequi et boni. According to Viehweg, 'topica' is a technique of problem-based reasoning which is fully different from the deductive-systematic reasoning. Interpretation or construing meaning is part of 'topica' which enables flexibility of practical argumentation by expanding and reducing the catalogue of 'topoi'. In legal hermeneutics, the new quality of argumentation and topical reasoning stems from the fact that the classical methods of interpretation are substituted by a far more extensive number of arguments (Giovanni Tarello recognizes 15 legal topoi and Gerhard Struck as many as 64 legal topoi]. It ultimately points out to the creative role of the interpreter's rhetoric research and decision-making processes.

An Exploration of the Legal and Regulatory Environment of Privacy and Security through Active Research, Guided Study, Blog Creation, and Discussion

Science.gov (United States)

Peslak, Alan R.

2010-01-01

One of the most important topics for today's information technology professional is the study of legal and regulatory issues as they relate to privacy and security of personal and business data and identification. This manuscript describes the topics and approach taken by the instructors that focuses on independent research of source documents and…

Legal, ethical and professional aspects of duty of care for nurses.

Science.gov (United States)

Dowie, Iwan

2017-12-13

Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. However, the legal underpinnings of duty of care are often overlooked, and, as such, nurses may be unsure about when to act if they encounter emergency situations or serious incidents, especially when they are off duty. This article examines the legal, ethical and professional aspects of duty of care, what these mean for nurses in practice, and how duty of care is intrinsically linked with standards of care and negligence. ©2017 RCN Publishing Company Ltd. All rights reserved. Not to be copied, transmitted or recorded in any way, in whole or part, without prior permission of the publishers.

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

Science.gov (United States)

Hall, Matthew; Greenman, Emily

2014-01-01

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

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

Science.gov (United States)

Marchand-Arias, R E

1998-03-01

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

Convergence and conflict perspectives in Scandinavian studies of the legal profession

DEFF Research Database (Denmark)

Hammerslev, Ole

2010-01-01

This article focuses on classic Scandinavian studies of the legal profession. These classic studies, which followed World War II and the development of the Scandinavian welfare states, focused on national developments in the legal profession and its relevance to the development of the states....... It demonstrates how the two research traditions, despite their different theoretical perspectives, build their research on comparatively the same kind of empirical data and methodology and how they reach some of the same conclusions....

Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

Science.gov (United States)

2013-01-01

Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

Linking international trademark databases to inform IP research and policy

Energy Technology Data Exchange (ETDEWEB)

Petrie, P.

2016-07-01

Researchers and policy makers are concerned with many international issues regarding trademarks, such as trademark squatting, cluttering, and dilution. Trademark application data can provide an evidence base to inform government policy regarding these issues, and can also produce quantitative insights into economic trends and brand dynamics. Currently, national trademark databases can provide insight into economic and brand dynamics at the national level, but gaining such insight at an international level is more difficult due to a lack of internationally linked trademark data. We are in the process of building a harmonised international trademark database (the “Patstat of trademarks”), in which equivalent trademarks have been identified across national offices. We have developed a pilot database that incorporates 6.4 million U.S., 1.3 million Australian, and 0.5 million New Zealand trademark applications, spanning over 100 years. The database will be extended to incorporate trademark data from other participating intellectual property (IP) offices as they join the project. Confirmed partners include the United Kingdom, WIPO, and OHIM. We will continue to expand the scope of the project, and intend to include many more IP offices from around the world. In addition to building the pilot database, we have developed a linking algorithm that identifies equivalent trademarks (TMs) across the three jurisdictions. The algorithm can currently be applied to all applications that contain TM text; i.e. around 96% of all applications. In its current state, the algorithm successfully identifies ~ 97% of equivalent TMs that are known to be linked a priori, as they have shared international registration number through the Madrid protocol. When complete, the internationally linked trademark database will be a valuable resource for researchers and policy-makers in fields such as econometrics, intellectual property rights, and brand policy. (Author)

Ethical and legal challenges associated with disaster nursing.

Science.gov (United States)

Aliakbari, Fatemeh; Hammad, Karen; Bahrami, Masoud; Aein, Fereshteh

2015-06-01

In disaster situations, nurses may face new and unfamiliar ethical and legal challenges not common in their everyday practice. The aim of this study was to explore Iranian nurses' experience of disaster response and their perception of the competencies required by nurses in this environment. This article discusses the findings of a descriptive study conducted in Iran in 2012. This research was conducted in Iran in 2012. Participants included 35 nurses who had experience in healthcare delivery following a disaster event in the past 10 years, either in a hospital or out-of-hospital context. This research study was approved by the Ethics Committee of the Isfahan University of Medical Sciences. From this study, five themes emerged as areas that nurses require competence in to work effectively in the disaster setting. This article focusses on one theme, the ethical and legal issues that arise during disaster response. Within the theme of ethical and legal issues, two sub-themes emerged. (1) Professional ethics explores professional responsibility of nurses as well as sense of ethical obligation. (2) Adherence to law refers to nurses' familiarity with and observation of legal requirements. This article adds to a growing pool of literature which explores the role of nurses in disasters. The findings of this study emphasize the need for nurses working in the disaster setting to be aware of professional responsibilities and familiar with legal requirements and the challenges related to observing ethical responsibilities. In highlighting these issues, this article may provide a useful starting point for the development of an educational framework for preparing nurses and other health professionals to work in the disaster setting. © The Author(s) 2014.

Legal protection of land from pollution

Directory of Open Access Journals (Sweden)

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.

The Precision Medicine Initiative's All of Us Research Program: an agenda for research on its ethical, legal, and social issues.

Science.gov (United States)

Sankar, Pamela L; Parker, Lisa S

2017-07-01

The Precision Medicine Initiative (PMI) is an innovative approach to developing a new model of health care that takes into account individual differences in people's genes, environments, and lifestyles. A cornerstone of the initiative is the PMI All of Us Research Program (formerly known as PMI-Cohort Program) which will create a cohort of 1 million volunteers who will contribute their health data and biospecimens to a centralized national database to support precision medicine research. The PMI All of US Research Program is the largest longitudinal study in the history of the United States. The designers of the Program anticipated and addressed some of the ethical, legal, and social issues (ELSI) associated with the initiative. To date, however, there is no plan to call for research regarding ELSI associated with the Program-PMI All of Us program. Based on analysis of National Institutes of Health (NIH) funding announcements for the PMI All of Us program, we have identified three ELSI themes: cohort diversity and health disparities, participant engagement, and privacy and security. We review All of Us Research Program plans to address these issues and then identify additional ELSI within each domain that warrant ongoing investigation as the All of Us Research Program develops. We conclude that PMI's All of Us Research Program represents a significant opportunity and obligation to identify, analyze, and respond to ELSI, and we call on the PMI to initiate a research program capable of taking on these challenges.Genet Med advance online publication 01 December 2016.

The legal status of engineering companies

International Nuclear Information System (INIS)

1981-10-01

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

Legal Regulation and Consumers: The RFID Industry's Perspective

Science.gov (United States)

Ronzani, Daniel

Many journal articles have presented research on the adoption and diffusion of Radio Frequency Identification (RFID) from a regulatory or consumer perspective. This research takes a reverse viewpoint. It researches the industry's experience with regulation by law and its experience with consumers. First, semi-structured interviews with RFID industry stakeholders are conducted on the topics of (UHF) frequency law, database law, and privacy law. Second, the industry's experience with (i) regulation by law and (ii) the consumers is collected in a worldwide online survey with companies and organisations that research, produce, sell, and consult on RFID technology. Third, empirical data is evaluated by different territories and industries to discuss four observations about legal regulation and consumers made by the authors with four feedback observations from the online survey. Given the evaluation of the empirical data, this article recommends that the RFID industry engage in better constructive dialogue with the legal regulator , strengthen its knowledge on applicable legislation, and re-evaluate its information policy to the consumer.

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 Against The Dance Creator In Indonesia

Directory of Open Access Journals (Sweden)

Juwita

2015-08-01

Full Text Available This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study i.e by collecting various documents in the form of primary secondary and tertiary legal materials. The results of research showed that 1. Dance is a part of copyright associated with diverse art and culture owned by the Indonesian certainly dance produced by consume energy thoughts time and cost by Dance Creator with regard to the creation the state has given protection of dance creator for art as stipulated in Article 40 letter e of Act No. 28 of 2014 as an expression of respect and appreciation to the Dance Creator 2 In association with the regulation on the protection of creative works of art dance regulated in Act No. 28 of 2014 the creator of dance argues is very important to give the protection of dance creator for their copyrighted works particularly their rights as a creator of dance i.e moral and economic rights. Giving moral and economic rights cannot be felt fully by the creator of dance this is due to the creator of dance does not have an institutions that will accommodate the creativity of creators that useful for their welfare.

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

Improving Care And Research Electronic Data Trust Antwerp (iCAREdata): a research database of linked data on out-of-hours primary care.

Science.gov (United States)

Colliers, Annelies; Bartholomeeusen, Stefaan; Remmen, Roy; Coenen, Samuel; Michiels, Barbara; Bastiaens, Hilde; Van Royen, Paul; Verhoeven, Veronique; Holmgren, Philip; De Ruyck, Bernard; Philips, Hilde

2016-05-04

Primary out-of-hours care is developing throughout Europe. High-quality databases with linked data from primary health services can help to improve research and future health services. In 2014, a central clinical research database infrastructure was established (iCAREdata: Improving Care And Research Electronic Data Trust Antwerp, www.icaredata.eu ) for primary and interdisciplinary health care at the University of Antwerp, linking data from General Practice Cooperatives, Emergency Departments and Pharmacies during out-of-hours care. Medical data are pseudonymised using the services of a Trusted Third Party, which encodes private information about patients and physicians before data is sent to iCAREdata. iCAREdata provides many new research opportunities in the fields of clinical epidemiology, health care management and quality of care. A key aspect will be to ensure the quality of data registration by all health care providers. This article describes the establishment of a research database and the possibilities of linking data from different primary out-of-hours care providers, with the potential to help to improve research and the quality of health care services.

[International regulation of ethics committees on biomedical research as protection mechanisms for people: analysis of the Additional Protocol to the Convention on Human Rights and Biomedicine, concerning Biomedical Research of the Council of Europe].

Science.gov (United States)

de Lecuona, Itziar

2013-01-01

The article explores and analyses the content of the Council of Europe's Additional Protocol to the Convention on Human Rights and Biomedicine concerning Biomedical Research regarding the standard legal instrument in biomedical research, issued by an international organization with leadership in bioethics. This implies ethics committees are mechanisms of protection of humans in biomedical research and not mere bureaucratic agencies and that a sound inescapable international regulatory framework exists for States to regulate biomedical research. The methodology used focuses on the analysis of the background, the context in which it is made and the nature and scope of the Protocol. It also identifies and analyses the characteristics and functions of ethics committees in biomedical research and, in particular, the information that should be provided to this bodies to develop their functions previously, during and at the end of research projects. This analysis will provide guidelines, suggestions and conclusions for the awareness and training of members of these committees in order to influence the daily practice. This paper may also be of interest to legal practitioners who work in different areas of biomedical research. From this practical perspective, the article examines the legal treatment of the Protocol to meet new challenges and classic issues in research: the treatment of human biological samples, the use of placebos, avoiding double standards, human vulnerability, undue influence and conflicts of interest, among others. Also, from a critical view, this work links the legal responses to develop work procedures that are required for an effective performance of the functions assigned of ethics committees in biomedical research. An existing international legal response that lacks doctrinal standards and provides little support should, however, serve as a guide and standard to develop actions that allow ethics committees -as key bodies for States- to advance in

Dementia and Legal Competency

OpenAIRE

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

2011-01-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

THE ELITISM OF LEGAL LANGUAGE AND THE NEED OF SIMPLIFICATION

Directory of Open Access Journals (Sweden)

Antonio Escandiel de Souza

2016-12-01

Full Text Available This article presents the results of the research project entitled “Simplification of legal language: a study on the view of the academic community of the University of Cruz Alta”. It is a qualitative nature study on simplifying the legal language as a means of democratizing/pluralize access to justice, in the view of scholars and Law Course teachers. There is great difficulty by society in the understanding of legal terms, which hinders access to justice. Similarly, the legal field is not far, of their traditional formalities, which indicates the existence of a parallel where, on one hand, is society, with its problems of understanding, and the other the law, its inherent and intrinsic procedures. However, the company may not have access to the judiciary hampered on account of formalities arising from the law and its flowery language. Preliminary results indicate simplification of legal language as essential to real democratization of access to Law/Justice.

Gender characteristics of legal conscience in internal affairs agencies staff

Directory of Open Access Journals (Sweden)

Kuznetsova O.V.

2016-06-01

Full Text Available This article presents the empirical research results of the level of legal conscience forming in law enforcement officials. The study of gender specifics of personnel is now becoming more and more relevant due to a constant increase in the number of women entering the Ministry of Internal Affairs service. The study involved 160 male and 120 female staff members. Analysis of the results revealed a general legal conscience trend typical for male and female employees which manifests in a high level of legal knowledge, adequate understanding of group relativity of moral and ethical norms, civic un-engagement and disinterest to leadership role. This trend reflects a certain viewpoint when human rights are considered to include only freedom, independence and personal self-assertion without responsibility and civic duties. It was found that female employees have higher level of legal conscience forming than male employees. This led to the conclusion of a high-availability of female employees to comply with legal regulations and requirements.

LEGAL AND INSTITUTIONAL FRAMEWORK OF MEDIATION IN REPUBLIC OF MACEDONIA

Directory of Open Access Journals (Sweden)

Andon Majhoshev

2014-10-01

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

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

Directory of Open Access Journals (Sweden)

Shidarta Shidarta

2017-01-01

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

Responding to violence against women: social science contributions to legal solutions.

Science.gov (United States)

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

On Plagiarism and Power Relations in Legal Academia and Legal Education

Directory of Open Access Journals (Sweden)

Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

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

Directory of Open Access Journals (Sweden)

Stanislav Yu Kolmakov

2013-01-01

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

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

NARCIS (Netherlands)

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

1995-01-01

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

Legal Considerations in Clinical Decision Making.

Science.gov (United States)

Ursu, Samuel C.

1992-01-01

Discussion of legal issues in dental clinical decision making looks at the nature and elements of applicable law, especially malpractice, locus of responsibility, and standards of care. Greater use of formal decision analysis in clinical dentistry and better research on diagnosis and treatment are recommended, particularly in light of increasing…

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.

Setting the stage for the EPOS ERIC: Integration of the legal, governance and financial framework

Science.gov (United States)

Atakan, Kuvvet; Bazin, Pierre-Louis; Bozzoli, Sabrina; Freda, Carmela; Giardini, Domenico; Hoffmann, Thomas; Kohler, Elisabeth; Kontkanen, Pirjo; Lauterjung, Jörn; Pedersen, Helle; Saleh, Kauzar; Sangianantoni, Agata

2017-04-01

EPOS - the European Plate Observing System - is the ESFRI infrastructure serving the need of the solid Earth science community at large. The EPOS mission is to create a single sustainable, and distributed infrastructure that integrates the diverse European Research Infrastructures for solid Earth science under a common framework. Thematic Core Services (TCS) and Integrated Core Services (Central Hub, ICS-C and Distributed, ICS-D) are key elements, together with NRIs (National Research Infrastructures), in the EPOS architecture. Following the preparatory phase, EPOS has initiated formal steps to adopt an ERIC legal framework (European Research Infrastructure Consortium). The statutory seat of EPOS will be in Rome, Italy, while the ICS-C will be jointly operated by France, UK and Denmark. The TCS planned so far cover: seismology, near-fault observatories, GNSS data and products, volcano observations, satellite data, geomagnetic observations, anthropogenic hazards, geological information modelling, multiscale laboratories and geo-energy test beds for low carbon energy. In the ERIC process, EPOS and all its services must achieve sustainability from a legal, governance, financial, and technical point of view, as well as full harmonization with national infrastructure roadmaps. As EPOS is a distributed infrastructure, the TCSs have to be linked to the future EPOS ERIC from legal and governance perspectives. For this purpose the TCSs have started to organize themselves as consortia and negotiate agreements to define the roles of the different actors in the consortium as well as their commitment to contribute to the EPOS activities. The link to the EPOS ERIC shall be made by service agreements of dedicated Service Providers. A common EPOS data policy has also been developed, based on the general principles of Open Access and paying careful attention to licensing issues, quality control, and intellectual property rights, which shall apply to the data, data products

Legal disputes as a proxy for regional conflicts over water rights in Chile

Science.gov (United States)

Rivera, Diego; Godoy-Faúndez, Alex; Lillo, Mario; Alvez, Amaya; Delgado, Verónica; Gonzalo-Martín, Consuelo; Menasalvas, Ernestina; Costumero, Roberto; García-Pedrero, Ángel

2016-04-01

Water demand and climate variability increases competition and tension between water users -agricultural, industrial, mining, hydropower- and local communities. Since 1981, the Water Code has regulated water allocation through private individual property rights, fostering markets as the distribution mechanism among users. When legal conflicts occur between parties, it is the responsibility of the courts to settle the conflict. The aim of this research is twofold: first, to apply a geographical approach by mapping water conflicts using legal disputes reaching the higher courts as a proxy for conflict intensity and second, to explain the diversity of water disputes and how they vary regionally. We built a representative database with a sample of 1000 legal records corresponding to decisions issued by the Supreme Court and 17 courts of appeal throughout the country from 1981 to 2014. For geo-tagging, all records were transformed to plain text and analyzed to find words matching the entries of a geographical thesaurus, allowing records to be linked to geographical locations. The geo-tagging algorithm is capable of automatically populating a searchable database. Several maps were constructed using a color scale to visualize conflict intensity. Legal disputes represent different types of conflicts among water users, such as competition between agriculture and hydropower. Processed data allowed the identification of the regional variation of conflicts. The spatial pattern for the intensity of conflicts related to specific sections of the Water Code is explained in terms of the main geographical, climatic and productive characteristics of Chile. Geo-tagging legal records shows a strong potential to understand and define regional variation of water conflicts. However, data availability would become a barrier if measures to improve data management were not taken. Regarding the institutional framework, the same regulations for water management rules are applied throughout the

Legal problems brought about by technological progress

International Nuclear Information System (INIS)

1986-01-01

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

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

Directory of Open Access Journals (Sweden)

Ardin

2015-08-01

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

Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

Directory of Open Access Journals (Sweden)

Mi Sun Park

2016-04-01

Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

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 ...

FUZZY LOGIC IN LEGAL EDUCATION

Directory of Open Access Journals (Sweden)

Z. Gonul BALKIR

2011-04-01

Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

Economic and Legal Aspects of Air Transport in Turkey

Directory of Open Access Journals (Sweden)

Gisoo Mihandoust

2017-12-01

Full Text Available The aviation sector has highlighted the importance of economic and legal regulations in conjunction with the changes in the conditions of competition with the acceleration of globalization. The regulations in the aviation sector directly or indirectly affect the airline operators, which is critical as a result of its effects on the economic systems of the countries. Legal responsibilities in terms of influencing passenger rights and competition law issues; has a natural impact on shaping aviation regulations, sector dynamics and competitive conditions which is effecting the dynamic structure of the sector. This study aims to examine the economic and legal aspects of air transportation carried out in Turkey and to contribute to the literature as a result of the researches.

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

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

Ethical, Legal, and Social Implications of Personalized Genomic Medicine Research: Current Literature and Suggestions for the Future.

Science.gov (United States)

Callier, Shawneequa L; Abudu, Rachel; Mehlman, Maxwell J; Singer, Mendel E; Neuhauser, Duncan; Caga-Anan, Charlisse; Wiesner, Georgia L

2016-11-01

This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues (ELSI) raised by research investigating personalized genomic medicine (PGM). The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period (2008-2012) were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. ELSI analyses were published in both scientific and ethics journals. Investigational research comprised 45% of the literature reviewed (135 articles) and the remaining 55% (164 articles) comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations (e.g., adolescents, elderly patients, or ethnic groups). Considering that strategies in personalized medicine increasingly target individuals' unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. © 2016 John Wiley & Sons Ltd.

[The notion of conflict of interest in the field of health and environment: philosophical and legal approaches].

Science.gov (United States)

Hermitte, M-A; Le Coz, P

2014-06-01

This paper considers the conflict of interest in philosophical and legal perspective. The philosophical approach comes from two perspectives: political philosophy focuses on the role of the link of interest in the city considered in the light of a broader reflection on the conditions of living together. Antiquity philosophers have enhanced the interest link as privileged vector of humanization and socialization of individuals. In the eighteenth century, Adam Smith considers the pursuit of individual interests a stronger social base that love of neighbor advocated by Christians. Moral philosophy focuses specifically on the passage of interest linked to the conflict of interest. It wondered if we should be impartial in all circumstances or whether it's right to give priority to our friends and loved ones. Thus, it poses the question of whether introspection is sufficient to detect conflicts of interest or if the look of an external third party is still required. The legal process differs from the philosophical approach at two levels; on the one hand, its scope is more limited: the law doesn't envisage the benefits of links of interest on social life even though it may protect some of them (in the context of the family, for example) and is intended to prevent bias that may taint the decision public. On the other hand, the lawyer doesn't enter the interiority of individuals but stands by what appears on the outside: it tracks the suspicion of bias can have serious impacts, such as health and the environment. Somehow, it is more radical. It's noteworthy that despite its many developments, the law can't to stop conflicts of interest in research. Several reasons account for this impasse: scientists receive mission to partner with industry to develop products but they must remain independent in order to assess the risks; there is a tendency to always choose the same experts; there are conflicts of interest intellectuals which are not easy to detect.

Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

International Nuclear Information System (INIS)

Wetherall, Anthony; Robin, Isabelle

2014-01-01

The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

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

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

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

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

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

Legal technique: approaches to section on types

Directory of Open Access Journals (Sweden)

І. Д. Шутак

2015-11-01

Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

Legal issues associated with preparing for a nuclear energy programme

International Nuclear Information System (INIS)

Pelzer, N.

2009-01-01

Developing and implementing a national programme for the civilian use of nuclear energy means embarking on the use of a Janus-faced form of energy. We all know that nuclear energy implies both extraordinary benefits and extraordinary risks. This fact requires a legal framework appropriate to cope with both elements of nuclear power. Legislators and State authorities have to establish a sound balance between risks and benefits. That is not at all an easy task. While excluding or limiting risks requires severe legal control mechanisms, the benefits can only fully be enjoyed if the legal framework ensures freedom of research and of economic and industrial development including the guarantee of property ownership and of investments. Combining both opposite poles seems like trying to square the circle. In case of a conflict between promotion and protection, there is no doubt that the protection against nuclear risks has to prevail. Therefore this aspect of nuclear law will be mainly dealt with in this presentation. Establishing a legal framework to tame the hazards of nuclear energy is a much more challenging task for law-makers than providing a legal basis for promoting the use of nuclear energy. With regard to the promotion of nuclear energy, States enjoy a broad range of discretion and may use a great number of legal and non-legal instruments to support the development of a nuclear programme. From a legal point of view, promoting nuclear energy does not require a specific regime. However, it does require a specific regime to control the risks of nuclear energy. States preparing for a nuclear energy programme have to be aware that the use of nuclear energy is not an exclusively national matter. In particular the risk associated with nuclear energy extends beyond national borders. Using the benefits also needs international cooperation in many fields including, e.g., research or fuel supply. Today a network of multilateral and bilateral international treaties exists

Legal problems of nuclear fuel reprocessing

International Nuclear Information System (INIS)

Rossnagel, A.

1987-01-01

The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

Legality in multiple legal orders

NARCIS (Netherlands)

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

2010-01-01

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

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

Directory of Open Access Journals (Sweden)

Bilal Dewansyah

2015-08-01

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

The interpretation of forensic biochemical expert test made in human body fluids: scientific - legal analysis in the research on sexual offenses

International Nuclear Information System (INIS)

Chaves Carballo, Diana

2014-01-01

The contributions of science and technology have covered the whole of human life, and relationships of coexistence are even found in the various disciplines of knowledge through legal forensics. Therefore, it is increasingly imperative that the law enforcement agents are interdisciplinary professionals, with knowledge beyond the legal knowledge to enable them make the most of the scientific knowledge in judicial proceedings. Among the natural sciences applied to right, forensic biochemistry has contributed an extremely relevant test for the investigation of various sexual offenses, much has been so, that the Organismo de Investigacion Judicial of Costa Rica has in its Departamento de Laboratorios de Ciencias Forenses with specialized sections in this discipline. A diversity of skills are performed of presumptive and confirmatory character for the presence of biological fluids, sexually transmitted diseases and identification of DNA by genetic markers. Updated information is given with respect to the correct interpretation of forensic biochemical expertises achievable for identification of semen, blood and human saliva in the investigation of sexual offenses. A scientific and legal language is used allowing the most of this information in the criminal process. The main objective has been to interpret, legal and scientifically, forensic biochemical expert evidence performed in human body fluids during the investigation of sexual offenses. A legal, doctrinal and scientific review is presented with compilation of related jurisprudence and criminology reports analysis of Seccion de Bioquimica of the Departamento de Laboratorios Forenses of the Organismo de Investigacion Juridica issued during the investigation of sexual offenses. Two types of attainable skills have existed for the identification of biological fluids, each with a different binding. In addition, it has been clear, due to the lexicon employed when making a forensic biochemist opinion, that to make a proper

Utopia documents: linking scholarly literature with research data.

Science.gov (United States)

Attwood, T K; Kell, D B; McDermott, P; Marsh, J; Pettifer, S R; Thorne, D

2010-09-15

In recent years, the gulf between the mass of accumulating-research data and the massive literature describing and analyzing those data has widened. The need for intelligent tools to bridge this gap, to rescue the knowledge being systematically isolated in literature and data silos, is now widely acknowledged. To this end, we have developed Utopia Documents, a novel PDF reader that semantically integrates visualization and data-analysis tools with published research articles. In a successful pilot with editors of the Biochemical Journal (BJ), the system has been used to transform static document features into objects that can be linked, annotated, visualized and analyzed interactively (http://www.biochemj.org/bj/424/3/). Utopia Documents is now used routinely by BJ editors to mark up article content prior to publication. Recent additions include integration of various text-mining and biodatabase plugins, demonstrating the system's ability to seamlessly integrate on-line content with PDF articles. http://getutopia.com.

Linking contemporary research to the classics: Celebrating 125 years at APA.

Science.gov (United States)

Enns, James T; Becker, Stefanie I; Brockmole, James; Castelhano, Monica; Creem-Regehr, Sarah; Gray, Rob; Hecht, Heiko; Juhasz, Barbara; Philbeck, John; Woodman, Geoffrey

2017-10-01

APA is celebrating 125 years this year and at the journal we are commemorating this milestone with a special issue. The inspiration came from our editorial team, who wished to acknowledge the links between game-changing articles that have influenced our research community in the past-we call them classics for short-and contemporary works. The main idea was to feature the work of nine contemporary research teams, while at the same time drawing readers' attention to their links with the classics. In this introduction, we have organized the articles according to several broad themes: active perception, perception for action, action alters perception, perception of our bodies in action, and acting on selective perceptions. As all who have read and contributed to the journal over the past few years have come to realize, it is no longer possible to study perception without considering its role in action. Nor is it possible to study action (formerly called performance , as reflected in the journal title) without understanding the perceptual contributions to action. These nine articles each exemplify, in their own way, how these dynamic interactions play out in contemporary research in our field. (PsycINFO Database Record (c) 2017 APA, all rights reserved).

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

Directory of Open Access Journals (Sweden)

Dmitriy E. Nekrasov

2014-09-01

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

Colour revolutions: criminal-legal aspect

Directory of Open Access Journals (Sweden)

Sergey Alekseyevich Gordeychik

2015-03-01

Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

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.

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

International Nuclear Information System (INIS)

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

1998-03-01

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

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

Energy Technology Data Exchange (ETDEWEB)

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

1998-03-15

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

Legal admissibility of tests with radiopharmaceuticals and with pharmaceuticals marked radioactive for research purposes

International Nuclear Information System (INIS)

Schultz, C.

1976-01-01

The drafts for governing experiments on human beings with radioactive marked pharmanceuticals, which exist in the Federal Republic of Germany and in Switzerland deal with fixing the principles of carrying out such tests- under consideration of the risks for the test person and the benifit for medical science and hence for the general public. They can be summarized as follows: 1) fixation of the maximum admissible radiation doses on the basis of the Radiation Protection Ordinance ; 2) development of a clearly fixed authorization obligation for each single research project and determination of those responsible therefor as well as supervision of the experiments and recording of the results; 3) limitation to the testing of medicaments; 4) improvement of the protection of the test person consent is a very important personal right, no legal substitution possible for persons partly incapable or incapable of exercising rights). (orig./HP) [de

Development Methodology for an Integrated Legal Cadastre

NARCIS (Netherlands)

Hespanha, J.P.

2012-01-01

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

Legal nature of affatomia

Directory of Open Access Journals (Sweden)

Stanković Miloš

2015-01-01

Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

New generation of ''legal'' dosemeters

International Nuclear Information System (INIS)

Fletcher, R.

1991-01-01

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

Legal Institutions and Economic Development

NARCIS (Netherlands)

Beck, T.H.L.

2010-01-01

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

International perspectives on the legal environment for selection

NARCIS (Netherlands)

Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

2008-01-01

Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual

Stakeholder Safety in Information Systems Research

Directory of Open Access Journals (Sweden)

R.H. Barbour

2006-11-01

Full Text Available Information Communication Technology (ICT researchers adapt and use tools from reference and cognate disciplines. This application of existing tools outside the context of their development has implications beyond the immediate problem context. ICT researchers have access to a wide variety of data sources including newer ones, such as the Internet, that may bring unexpected outcomes. ICT research can impact on researchers, their institutions and the researched in unexpected ways. People so affected are the stakeholders in ICT research activities. Reputations, welfare and property may be put at risk by unplanned events described in this paper. Legal aspects of ICT research are broadly identified and linked to the tort of negligence. The Social Research Association’s Code for researcher safety is described and its application extended to include the Internet as a potential data source. A common set of underlying ethical principles is identified suggesting that the ICT researcher can refine particular research protocols for specific social contexts.

Policy framework and legal forms of social enterprise in Central and Eastern Europe

Directory of Open Access Journals (Sweden)

Staicu Daniela

2017-07-01

Full Text Available In Central and Eastern European countries, the transition to a market economy stimulated civil society initiatives that in the past had been either discouraged or had become part of the Communist state system, and opened new pathways to entrepreneurial initiatives. The 1990s was an open window to the creation of a significant number of non-profit organizations, including the pioneering establishment of the first social enterprises. When these countries became members of the European Union, the process of legal institutionalization of social enterprises started to be discussed and has taken place at various stages. The purpose of this paper is to provide a comprehensive overview of the policy frameworks and the legal forms and of social enterprises in eight countries: Bulgaria, Croatia, the Czech Republic, Hungary, Poland, Romania, Slovakia, and Slovenia. The research seeks to determine the extent to which the development of national policy frameworks influences the development of legal forms under which social enterprises operate. For the purpose of this analysis, data were collected from relevant to this subject country reports, studies, laws released between 2009 and 2016. The research shows that European social enterprises are often ‘hidden’ among existing legal forms either as associations and foundations with commercial activities, cooperatives serving general or collective interests and mainstream enterprises pursuing an explicit and primary social aim. Further research needs to be done to determine the potential for growth of entities operating as associations and foundations with commercial activities. Furthermore, the research concluded that the countries with specific laws on social entrepreneurship generate 61 % of the social economy activity in Central and Eastern European countries. Further research needs to be done to determine if introducing a social enterprise specific legal form, will stimulate the development of the

CSR Standards in Supply Chain Contracts: A Critical Review of the Legal Literature

DEFF Research Database (Denmark)

Valkanou, Theodora; Mitkidis, Katerina

2018-01-01

with respect to the sensitive topic of social and environmental conditions in international supply chains. This paper presents a critical account of the ways the incorporation of CSR standards in supply chain contracts has been addressed through the lenses of contract law and regulatory doctrine. Legal...... conducted empirical research in order to comprehend the operation of CSR standards in supply chain contracts in practice. The present article documents and critically reviews the different streams of legal scholarship in this area with a view to reaching conclusions on whether (further) exploration by legal......An intensive rise of private regulatory governance within the Corporate Social Responsibility (CSR) arena has preoccupied legal scholars for over a decade now. The role of supply chain contracts as means to regulate CSR issues has gradually gained momentum in legal scholarship, especially...

Did Legalized Abortion Lower Crime?

Science.gov (United States)

Joyce, Ted

2004-01-01

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

AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

Directory of Open Access Journals (Sweden)

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.

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

Directory of Open Access Journals (Sweden)

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.

Do ethics committees need a legal framework?

Science.gov (United States)

Byk, Christian

2007-01-01

The question "do ethics committees need a legal framework" may then raise fundamental discussion in the case of developing countries: will an ethical framework bring them a better capacity to assume their task? And what should this task be if we consider the particularities of clinical research conducted in developing countries?

[LEGAL REGULATION OF TRANSPLANTOLOGY AT THE PRESENT STAGE: UKRAINIAN ISSUE AND EXPERIENCE OF FOREIGN STATES].

Science.gov (United States)

Sovgyria, O

2018-03-01

The objective of the research is to analyze the legal regulation in the transplantology field at the present stage in Ukraine. To address identified challenges, the author investigates the foreign countries experience and suggests ways of improving certain mechanism for legal regulation in the field of organ transplantation and anatomical materials. The empiric material of the study included a wide range of legal instruments regulating this sphere of legal relationships, information regarding the problems of their application, statistics, expert analysis of Ukrainian and foreign researchers. Methodological mechanism of current research includes such methods: systematic, logical and formal, structural-functional, comparative. The research found that the most world's successful model for the organization of transplantation is in Spain. Additionally, the criteria for the reception of such a model are singled out as well as certain aspects of their application in Ukraine are analyzed. Particularly, the most important criteria are: universal and general territorial proliferation of national health systems; relevant economic resources (special attention is paid to the fact that transplantation is not a medicine of luxury, and an adequate compensation to hospitals for transplantation operations should serve as a main economic aspect); an adequate and necessary number of doctors and nurses; the availability of advanced technical options for medical mechanical ventilation (air conditioning of dead bodies). The research led to the following overall findings. Due to the rapid development of medical and biological sciences, there is an urgent need on further investigation of legal, moral and ethical, general medical aspects of transplantation with subsequent proposals for improving legislation in the field of human organs transplantation and other anatomical materials. At the same time, development of appropriate legislation by complex groups of cross-disciplinary specialists

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

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

Linking Symbolic Interactionism and Grounded Theory Methods in a Research Design

Directory of Open Access Journals (Sweden)

Jennifer Chamberlain-Salaun

2013-09-01

Full Text Available This article focuses on Corbin and Strauss’ evolved version of grounded theory. In the third edition of their seminal text, Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory, the authors present 16 assumptions that underpin their conception of grounded theory methodology. The assumptions stem from a symbolic interactionism perspective of social life, including the themes of meaning, action and interaction, self and perspectives. As research design incorporates both methodology and methods, the authors aim to expose the linkages between the 16 assumptions and essential grounded theory methods, highlighting the application of the latter in light of the former. Analyzing the links between symbolic interactionism and essential grounded theory methods provides novice researchers and researchers new to grounded theory with a foundation from which to design an evolved grounded theory research study.

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

Science.gov (United States)

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

2017-01-01

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

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

Directory of Open Access Journals (Sweden)

Muthanna Samara

2017-11-01

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

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

Science.gov (United States)

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

2017-11-24

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

Legal and social concerns to the development of bioremediation technologies

Energy Technology Data Exchange (ETDEWEB)

Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

1996-09-01

The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment.

Legal and social concerns to the development of bioremediation technologies

International Nuclear Information System (INIS)

Bilyard, G.R.; McCabe, G.H.; White, K.A.; Gajewski, S.W.; Hendrickson, P.L.; Jaksch, J.A.; Kirwan-Taylor, H.A.; McKinney, M.D.

1996-09-01

The social and legal framework within which bioremediation technologies must be researched, developed, and deployed in the US are discussed in this report. Discussions focus on policies, laws and regulations, intellectual property, technology transfer, and stakeholder concerns. These discussions are intended to help program managers, scientists and engineers understand the social and legal framework within which they work, and be cognizant of relevant issues that must be navigated during bioremediation technology research, development, and deployment activities. While this report focuses on the legal and social environment within which the DOE operates, the laws, regulations and social processes could apply to DoD and other sites nationwide. This report identifies specific issues related to bioremediation technologies, including those involving the use of plants; native, naturally occurring microbes; non-native, naturally occurring microbes; genetically engineered organisms; and microbial products (e.g., enzymes, surfactants, chelating compounds). It considers issues that fall within the following general categories: US biotechnology policy and the regulation of field releases of organisms; US environmental laws and waste cleanup regulations; intellectual property and patenting issues; technology transfer procedures for commercializing technology developed through government-funded research; stakeholder concerns about bioremediation proposals; and methods for assuring public involvement in technology development and deployment

LEGAL DRAFTING IN CROATIA - CASE STUDY

Directory of Open Access Journals (Sweden)

Dario Đerđa

2017-01-01

Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

Cultural Diversity: Is It Present In American Law Schools And The Legal Profession?

OpenAIRE

Randall L. Robbins; Thomas J. Matthews

2014-01-01

The issue of diversity is certainly not a new concept.  This topic has been the focus of many corporate retreats and board room discussions.  However, one of the most reputable and esteemed professions is falling short of the bar in maintaining a diverse profile.  Research indicates that minority groups experience significant underrepresentation in law schools and the legal profession in general.  To address this issue, this research will focus on examining the value of diversity to the legal...

Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science

Directory of Open Access Journals (Sweden)

Nicola Lettieri

2018-04-01

Full Text Available Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers to experiment cutting-edge data-driven and computation-intensive analyses. The paper discusses the appearance of such tools in the emerging field of computational legal science. After a general introduction to the impact of computational methods on both natural and social sciences, we describe the concept and the features of an analytical platform exploring innovative cross-methodological approaches to the academic and investigative study of crime. Stemming from an ongoing project involving researchers from law, computer science and bioinformatics, the initiative is presented and discussed as an opportunity to raise a debate about the future of legal scholarship and, inside of it, about the challenges of computational legal science.

Legal terms in general dictionaries of English: The civil procedure mystery

DEFF Research Database (Denmark)

Nielsen, Sandro

2015-01-01

examines four general dictionaries of English to see how they treat civil procedure terms used in England and Wales in the light of the change of structure of and terminology used in civil proceedings that took place in 1999. Despite being based on large, up-to-date corpora the dictionaries contain some......Many general language dictionaries contain specialized terms, including legal terms relating to civil lawsuits. The existing literature provides general discussions of scientific and technical terms in ordinary dictionaries but does not specifically address the inclusion of legal terms. This study...... of the old terms but fail to include the new terms that have been in use for more than 15 years. Why this is the case is a mystery. However, some clues indicate that if they pay more attention to the link between dictionary functions, corpora and the data presented in dictionaries, lexicographers may be able...

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

African Journals Online (AJOL)

Enrique

equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

Including People with Dementia in Research: An Analysis of Australian Ethical and Legal Rules and Recommendations for Reform.

Science.gov (United States)

Ries, Nola M; Thompson, Katie A; Lowe, Michael

2017-09-01

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives.

Legal process, litigation, and judicial decisions.

Science.gov (United States)

Beresford, H Richard

2013-01-01

Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

Legal admissibility of tests with radiopharmaceuticals and with pharmaceuticals marked radioactive for research purposes

International Nuclear Information System (INIS)

Pabel, H.

1976-01-01

Presentation of the present and future legal position: 1) Tests with radiopharmaceuticals and marked medicine are absolutely necessary in the interest of the protection of the patient. 2) According to the valid radiation protection law such tests must be allowed. Restrictions can be decreed according to sect. 17 of the Atomic Energy Act. 3) According to sthe draft of the new Radiation Protection Ordinance, a licence may be refused in view of opposing primarily public interests. It is doubtful whether the rules provided in sect. 40 is covered by the autorizing standard. 4) The draft of a law for a reform of medicine law offers the possibility to issue detailed regulations on the testing of medicine. 5) The prohibition in sect. 7 of the medicine law also covers medicine, which is intended for experiments. The regulation according to sect. 7, however, admits release to hospitals and scientific research facilities. (orig./HP) [de

Clinical trials using a radiopharmaceutical investigational drug: What legal environment and what authorizations required?

International Nuclear Information System (INIS)

El-Deeb, G.; Nguon, B.; Tibi, A.; Rizzo-Padoin, N.

2009-01-01

Recent revision of the legal environment for clinical research in France provided an opportunity to review what a hospital needs to carry out clinical trials using a radiopharmaceutical investigational drug. Legal measures concerning radiopharmaceutical investigational drugs are indeed more complex than those of classical clinical trials because of the additional legal provisions governing the use of ionizing radiation. Thus, requirements by the concerned staff (sponsor, pharmacist, person in charge of the nuclear activity) are described here. (authors) [fr

Adjustment of legally binding local plans

DEFF Research Database (Denmark)

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

2012-01-01

Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

The meaning of a legal category of “sanction”

Directory of Open Access Journals (Sweden)

Al’bina Sergeyevna Panova

2015-06-01

Full Text Available Objective to study the legal category of sanction. Methods dialectical systematic and logical methods of analysis synthesis. Results the study of the legal category of quotsanctionquot has shown that a sanction can be applied on a regulatory or contractual basis if stipulated by a civil agreement and as the measures of liability and protection. One of the promising directions of its use is the motivating one ndash sanctions can provide the legal consequences favorable for those who observe the behavior stipulated by the law. The following is offered as the direction of development of domestic legislation on sanctions verification of compliance of the sanctions amount and terms with the offences gravity introduction of previously nonexistent sanctions for example speculation on food and currency markets the use of discretionary sanctions as a means of positive legal stimulation of the economy. Scientific novelty the conclusion is made about the nature of the sanctions it is proved that the sanction is a legal means the use of which enables the victim to protect their violated challenged rights provided for by the legislation and or the agreement and implies adverse consequences of property and or organizational nature for the offender. The sanctions application has its own peculiarities. Their use is aimed at curbing the illegal actions of the offender debtor to stimulate them to the proper performance of statutory or contractual duties often sanctions are aimed at compensating for damage caused to the creditor. A peculiar feature of the sanctions is that they are a necessary component of the legal system. Practical value the results obtained can be used to conduct economic and legal research relating to the economics and entrepreneurship in treaty practice in teaching the disciplines of Civil Law Business Law Commercial Law etc. nbsp

Marketing legal services on the Internet

Directory of Open Access Journals (Sweden)

Alicja Mikołajczyk

2014-09-01

Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

Photovoltaic commercialization: an analysis of legal issues affecting a government-accelerated solar industry

Energy Technology Data Exchange (ETDEWEB)

Lamm, D.

1980-06-01

The Photovoltaics Research, Development, and Demonstration Act of 1978 is discussed. Legal issues, including solar access, the need for performance standards, the effects of building codes on photovoltaic system use and commercialization, and manufacturer and installer performance guarantees, are examined. Electric utility policies are examined, including interconnection, and rates and legal issues affecting them. (LEW)

The changing purpose of mental health law: From medicalism to legalism to new legalism.

Science.gov (United States)

Brown, Jennifer

2016-01-01

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

Belief and legal philosophy: a conceptual framework for Christian scholarship in undergraduate legal education

Directory of Open Access Journals (Sweden)

S. de Freitas

2009-07-01

Full Text Available Legal education in South Africa has arrived at a discursive juncture that demands clarity on what the “purpose” of legal education should be. Debate on the purpose of legal education, more specifically for the Christian law student, becomes especially important in a society dominated by positivism, mate-rialism and pragmatism. With specific reference to the under-graduate Christian law student, this article firstly explains that the purpose of legal education should include the nurturing of the student’s belief – a belief encompassing his/her foun-dational perspective(s on reality. Secondly, in order to achieve the proper nurturing and development of the Christian law student’s belief, the importance of the teaching of legal philo-sophy is explained. In this regard, proposals are postulated pertaining to specific means by which such nurturing and development of the undergraduate Christian law student’s foundational belief can be attained.

Concerns Over the Expansion of Artificial Intelligence in the Legal Field

OpenAIRE

Einhouse, Ben

2018-01-01

Cornell Law School J.D. Student Research Papers. 38 Advances in technology have surely made the practice of law more efficient, but looming advances in artificial intelligence should raise some concern about the price of this efficiency. Artificial intelligence programs already exhibit the capacity to replace the daily activities of some lawyers, which should raise some concern in the legal community, especially regarding legal ethics. Despite these concerns, the access to knowledge that arti...

Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries.

Science.gov (United States)

Mann, Heather; Garcia-Rada, Ximena; Hornuf, Lars; Tafurt, Juan

2016-01-01

The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e., dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family) and internal sanctions (feelings of guilt). Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

What Deters Crime? Comparing the Effectiveness of Legal, Social, and Internal Sanctions Across Countries

Directory of Open Access Journals (Sweden)

Heather eMann

2016-02-01

Full Text Available The question of what deters crime is of both theoretical and practical interest. The present paper focuses on what factors deter minor, non-violent crimes, i.e. dishonest actions that violate the law. Much research has been devoted to testing the effectiveness of legal sanctions on crime, while newer models also include social sanctions (judgment of friends or family and internal sanctions (feelings of guilt. Existing research suggests that both internal sanctions and, to a lesser extent, legal sanctions deter crime, but it is unclear whether this pattern is unique to Western countries or robust across cultures. We administered a survey study to participants in China, Colombia, Germany, Portugal, and USA, five countries from distinct cultural regions of the world. Participants were asked to report the likelihood of engaging in seven dishonest and illegal actions, and were asked to indicate the probability and severity of consequences for legal, friend, family, and internal sanctions. Results indicated that across countries, internal sanctions had the strongest deterrent effects on crime. The deterrent effects of legal sanctions were weaker and varied across countries. Furthermore, the deterrent effects of legal sanctions were strongest when internal sanctions were lax. Unexpectedly, social sanctions were positively related to likelihood of engaging in crime. Taken together, these results suggest that the relative strengths of legal and internal sanctions are robust across cultures and dishonest actions.

INTERPRETATION AND APPLICATION OF LEGAL ENGLISH LANGUAGE UNITS IN PRACTICE

Directory of Open Access Journals (Sweden)

Semenova, E.V.

2017-03-01

Full Text Available In this article the variety of borrowings, internationalisms, phraseological units, idioms in the professional-oriented texts is considered. It opens an opportunity to understand the statement of a thought and laconicism of its expression, including the field of jurisprudence. The research objective is demonstration the ways of interpretation and application of legal English language units in practice through characteristic features of English legal terminology. Particular attention is paid to the peculiarities of phraseological units and their translation in oral and written speech.

INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

Directory of Open Access Journals (Sweden)

A. Tyrtyshny

2015-01-01

Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

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

Directory of Open Access Journals (Sweden)

Rihab Grassa

2014-09-01

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

The Advisory Opinion of the International Tribunal for the Law of the Sea: Matters related to the determination of effective link between the States and the legal persons they sponsor to carry out activities in the Area

Directory of Open Access Journals (Sweden)

Juan Nicolás Guerrero Peniche

2012-12-01

Tribunal for the Law of the Sea so it could be clarified. The advisory opinion of the Tribunal advanced conclusions particularly relevant for the determination of a nationality link between the legal persons and the States that sponsor them. This matter, which plays an essential role for achieving an effective protection of the marine environment within the sponsorship mechanisms for exploration and exploitation of the resources of the Area, also has some relevant consequences for the activities in reserved areas.

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

OpenAIRE

Werner Krawietz

2014-01-01

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

SHORT METHODOLOGICAL CONSIDERATIONS REGARDING THE LEGAL LIABILITY CONCEPT

OpenAIRE

Gabriela Popescu; Silviu Jîrlăianu

2014-01-01

Various disputes and discussion regarding legal liability have not yet lead to a unitary definition of the same, each theory utilizing specific categories and notions that allow the achievement of an analysis of its research object in an own language, which renders the researcher’s task even more difficult.

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

Directory of Open Access Journals (Sweden)

Roman V. Tupikin

2016-12-01

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

Marketing legal services on the Internet

OpenAIRE

Alicja Mikołajczyk

2014-01-01

This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

Technical, economical and legal aspects of repatriation of Russian-origin research reactor SNF to Russia

International Nuclear Information System (INIS)

Smirnov, A.; Kanashov, B.; Efarov, S.; Lebedev, A.; Kolupaev, D.

2005-01-01

The aim of the report is to find some principal decisions to implement an Agreement between the Governments of the Russian Federation and the USA on repatriation of the research reactor spent nuclear fuel (RR SNF) to the Russian Federation. The report presents some ideas and approaches to the transportation of the Russian-origin RR SNF from the technical, economical and legal viewpoints. The report summarizes the Russian experience and possibilities to fulfill the program under the Agreement. Some decisions are proposed related to application of the international transportation experience and the most advanced technologies for the RR SNF handling. At present, there is no any unified SNF transportation technology that is capable to implement the transportation program schedule set by the Agreement. The decision is in the comprehensive approach as well as in the development of mobile and flexible schemes and in implementation of parallel and combined shipments. (author)

Legal high industry business and lobbying strategies under a legal market for new psychoactive substances (NPS, 'legal highs') in New Zealand.

Science.gov (United States)

Rychert, Marta; Wilkins, Chris

2016-11-01

The establishment of a regulated legal market for new psychoactive substances (NPS, 'legal highs') under New Zealand's Psychoactive Substances Act (PSA) 2013 created a new commercial sector for psychoactive products, previously limited to alcohol and tobacco. To explore how the newly-recognised 'legal high' industry (LHI) viewed and responded to the changing regulatory and market environment. In-depth interviews with six key informants (KI) from the LHI: a leading entrepreneur, chemist, industry spokesperson, retailer, product buyer and a researcher commissioned by the LHI - were conducted, transcribed and analysed thematically. Formative work for the study included review of official LHI documents (websites, public submissions, self-regulation documents). The LHI stakeholders espoused an idealistic mission of shifting recreational users of alcohol, tobacco and illegal drugs towards "safer alternatives". Passage of the PSA was viewed as a success after years of lobbying led by pioneering LHI actors. The growth and professionalisation of the LHI resulted in an increasingly commercial market which challenged idealistic views of the original operators. LHI KI reported the targeting of young and low income customers, price cutting and increasing the strength of products as business strategies. Attempts by the LHI to self-regulate did not prevent escalation in the strength of products and fall in retail prices. The LHI reported outsourcing of manufacturing and exporting of their products to other countries, demonstrating an international business model. There was a tension between profit and idealistic motivations within the LHI and this increased as the sector became more commercialised. While the LHI distanced itself from both alcohol and tobacco, they reported the use of similar marketing, business and political lobbying strategies. Rules for engagement with new 'addictive consumption industries' are required to clarify the role they are permitted to play in the

European Dimension of Legal Education. A comparative study of the Romanian Law Curricula and EU Law Syllabus

Directory of Open Access Journals (Sweden)

Brinduşa Camelia Gorea

2012-05-01

Full Text Available Our purpose is to provide a detailed view on the European legal education system in Romania.There are few papers on EU legal education policy in Romania. We try to fill this gap in some extend, as apart of a larger research we conducted in the past 3 years. Our sources of evidence were: the Romanianlegislation; a representative number of law curricula and EU law syllabus and a research survey of Romanianstudents, EU law professors and legal practitioners. We found out that the “traditional” Law specialization ismore desired by the potential students than the European Law specialization. Nevertheless, Romanian lawschools have enough discretion to introduce more EU law disciplines. By targeting the weak parts of the EUlegal education system, our study may reveal its benefits to law professors, legal researchers, responsiblefactors within the Romanian law departments and even to the Romanian legislator. This paper provides ashort explanation of the ascension and development of EU legal studies in Romania, an overview of the keyissues in the law curricula and the EU law syllabus and recommendations on the reforming the EU legaleducation in Romania.

Earth2Class Overview: An Innovative Program Linking Classroom Educators and Research Scientists

Science.gov (United States)

Passow, M.; Iturrino, G. J.; Baggio, F. D.; Assumpcao, C. M.

2005-12-01

The Earth2Class (E2C) workshops, held at the Lamont-Doherty Earth Observatory (LDEO), provide an effective model for improving knowledge, teaching, and technology skills of middle and high school science educators through ongoing interactions with research scientists and educational technology. With support from an NSF GeoEd grant, E2C has developed monthly workshops, web-based resources, and summer institutes in which classroom teachers and research scientists have produced exemplar curriculum materials about a wide variety of cutting-edge geoscience investigations suitable for dissemination to teachers and students. Some of the goals of this program are focused to address questions such as: (1) What aspects of the E2C format and educational technology most effectively connect research discoveries with classroom teachers and their students? (2) What benefits result through interactions among teachers from highly diverse districts and backgrounds with research scientists, and what benefits do the scientists gain from participation? (3) How can the E2C format serve as a model for other research institution-school district partnerships as a mechanism for broader dissemination of scientific discoveries? E2C workshops have linked LDEO scientists from diverse research specialties-seismology, marine geology, paleoclimatology, ocean drilling, dendrochronology, remote sensing, impact craters, and others-with teachers from schools in the New York metropolitan area. Through the workshops, we have trained teachers to enhance content knowledge in the Earth Sciences and develop skills to incorporate new technologies. We have made a special effort to increase the teaching competency of K-12 Earth Sciences educators serving in schools with high numbers of students from underrepresented groups, thereby providing greater role models to attract students into science and math careers. E2C sponsored Earth Science Teachers Conferences, bringing together educators from New York and New

Laboratory specimens and genetic privacy: evolution of legal theory.

Science.gov (United States)

Lewis, Michelle Huckaby

2013-03-01

Although laboratory specimens are an important resource for biomedical research, controversy has arisen when research has been conducted without the knowledge or consent of the individuals who were the source of the specimens. This paper summarizes the most important litigation regarding the research use of laboratory specimens and traces the evolution of legal theory from property claims to claims related to genetic privacy interests. © 2013 American Society of Law, Medicine & Ethics, Inc.

Educability as a Link of Contemporary Civil Experience: Research Approaches

Directory of Open Access Journals (Sweden)

Julio Groppa Aquino

2016-05-01

Full Text Available This text argues that the educability of citizens is objectified in terms of a demand for diffuse and perpetual training, which has become a foundational link of social existence. This statement is based upon the results of twelve researches carried out by a group from the school of Education of the University of São Paulo, devoted to Foucaultian studies in education. It is an effort to analyze the relationship between contemporary governmentality and certain ongoing educational imperatives from different social fields.

[Review of the methodological, ethical, legal and social issues of research projects in healthcare with big data].

Science.gov (United States)

de Lecuona, Itziar

2018-05-31

The current model for reviewing research with human beings basically depends on decision-making processes within research ethics committees. These committees must be aware of the importance of the new digital paradigm based on the large-scale exploitation of datasets, including personal data on health. This article offers guidelines, with the application of the EU's General Data Protection Regulation, for the appropriate evaluation of projects that are based on the use of big data analytics in healthcare. The processes for gathering and using this data constitute a niche where current research is developed. In this context, the existing protocols for obtaining informed consent from participants are outdated, as they are based not only on the assumption that personal data are anonymized, but that they will continue to be so in the future. As a result, it is essential that research ethics committees take on new capabilities and revisit values such as privacy and freedom, updating protocols, methodologies and working procedures. This change in the work culture will provide legal security to the personnel involved in research, will make it possible to guarantee the protection of the privacy of the subjects of the data, and will permit orienting the exploitation of data to avoid the commodification of personal data in this era of deidentification, so that research meets actual social needs and not spurious or opportunistic interests disguised as research. Copyright © 2018 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

Organ transplantation: legal, ethical and islamic perspective in Nigeria.

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-07-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Organ Transplantation: Legal, Ethical and Islamic Perspective in Nigeria

Science.gov (United States)

Bakari, Abubakar A; Abbo Jimeta, Umar S; Abubakar, Mohammed A; Alhassan, Sani U; Nwankwo, Emeka A

2012-01-01

Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ/tissues transplantation in

Linking Hospital and Tax data to support research on the economic impacts of hospitalization

Directory of Open Access Journals (Sweden)

Claudia Sanmartin

2017-04-01

This project has created a unique linked database that will support research on the economic consequences of ‘health shocks’ for individuals and their families, and the implications for income, labour and health policies. This database represents a new and unique resource that will fill an important national data gap, and enable a wide range of relevant research.

Abortion legalized: challenges ahead.

Science.gov (United States)

Singh, M; Jha, R

2007-01-01

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

UN legal advisers meet

International Nuclear Information System (INIS)

1969-01-01

Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

Safeguarding patient privacy in electronic healthcare in the USA: the legal view.

Science.gov (United States)

Walsh, Diana; Passerini, Katia; Varshney, Upkar; Fjermestad, Jerry

2008-01-01

The conflict between the sweeping power of technology to access and assemble personal information and the ongoing concern about our privacy and security is ever increasing. While we gradually need higher electronic access to medical information, issues relating to patient privacy and reducing vulnerability to security breaches surmount. In this paper, we take a legal perspective and examine the existing patchwork of laws and obligations governing health information in the USA. The study finds that as Electronic Medical Records (EMRs) increase in scope and dissemination, privacy protections gradually decrease due to the shortcomings in the legal system. The contributions of this paper are (1) an overview of the legal EMR issues in the USA, and (2) the identification of the unresolved legal issues and how these will escalate when health information is transmitted over wireless networks. More specifically, the paper discusses federal and state government regulations such as the Electronic Communications Privacy Act, the Health Insurance Portability and Accountability Act (HIPAA) and judicial intervention. Based on the legal overview, the unresolved challenges are identified and suggestions for future research are included.

Abortion Legalization and Adolescent Substance Use

OpenAIRE

Charles, Kerwin Kofi; Stephens, Melvin, Jr

2006-01-01

We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

The legacy of legal culture and Serbia's European integration

Directory of Open Access Journals (Sweden)

Kovačević Slaviša

2014-01-01

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

Genesis of regulatory and legal provision of financial safety

Directory of Open Access Journals (Sweden)

M.V. Pataridze-Vyshynska

2016-07-01

Full Text Available The article describes the main problems that concern regulatory and legal provision of financial safety. The scientific groundwork of researchers of this matter in Ukraine is analyzed and its gaps are revealed. The state competences concerning the regulation of financial safety are investigated. The legal provision of financial safety in a retrospective section is considered. The short characteristic of the main legal instruments that make the subsoil for formation of financial safety environment is provided. The main stages of legislative process of ensuring financial safety are found out. The paradigm of financial safety formation is generalized. The possibilities of ensuring financial safety in different areas of the state financial policy through the definition of problem aspects and ways of their decision are defined. It is certain that the problem of protection of national interests in the economic sphere is rather actual, especially in formation of financial safety environment in modern conditions. This problem is subject to further investigation of both lawmakers and scientists-economists.

Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

Directory of Open Access Journals (Sweden)

Nitin Balaji Bilgi

2011-10-01

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

Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

Directory of Open Access Journals (Sweden)

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.

Genomic cloud computing: legal and ethical points to consider.

Science.gov (United States)

Dove, Edward S; Joly, Yann; Tassé, Anne-Marie; Knoppers, Bartha M

2015-10-01

The biggest challenge in twenty-first century data-intensive genomic science, is developing vast computer infrastructure and advanced software tools to perform comprehensive analyses of genomic data sets for biomedical research and clinical practice. Researchers are increasingly turning to cloud computing both as a solution to integrate data from genomics, systems biology and biomedical data mining and as an approach to analyze data to solve biomedical problems. Although cloud computing provides several benefits such as lower costs and greater efficiency, it also raises legal and ethical issues. In this article, we discuss three key 'points to consider' (data control; data security, confidentiality and transfer; and accountability) based on a preliminary review of several publicly available cloud service providers' Terms of Service. These 'points to consider' should be borne in mind by genomic research organizations when negotiating legal arrangements to store genomic data on a large commercial cloud service provider's servers. Diligent genomic cloud computing means leveraging security standards and evaluation processes as a means to protect data and entails many of the same good practices that researchers should always consider in securing their local infrastructure.

Commission on Legal Matters

CERN Multimedia

Staff Association

2016-01-01

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

The Multiplication Effect of Legal Insurance

NARCIS (Netherlands)

J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

2016-01-01

textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

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.

45 CFR 400.115 - Establishing legal responsibility.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

Directory of Open Access Journals (Sweden)

Yuliya Nadtochey

2017-01-01

Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2015-11-01

Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Legal Guarantees of Economic Competition in the European Union Public Procurement Regulation

Directory of Open Access Journals (Sweden)

E. Kosiński

2017-01-01

Full Text Available Purpose: the purpose of this publication is to assess legal guaranties of competition (free competition between contractors in broadly perceived process of granting public procurement, which means not only entering into a contract subject to the specific legal regime, concluded by a public purchaser, or possible private purchaser subordinated to that legal regime, with a contractor (contractors in order to satisfy its demand for certain goods or services, but also a due course of the whole process of granting public procurement, perceived as a sequence of factual and legal actions beginning with the moment of public announcement of a procurement, sending an invitation for submitting offers or sending invitation to negotiate for selection of an offer of a given contractor, up till final fulfilment of all obligations of the parties under the public procurement contract. Methods: the major research method is the dogmatic-legal method, namely an analysis of legal text of different laws. Moreover, there is a critical analysis of scholar literature. The most important in this context is to indicate mutual co-relations between competition and fair competition in area of public procurement system and to point other major principles of the public procurement process, such as non-discrimination rule, transparency, impartiality and objectiveness rule, legality rule, openness, rule of written form, primate of using tender mode (competitive mode, in another words it is a rule of extraordinary application of non-competitive modes or primate of granting public procurement in a tender mode. All of those rules constitute together components of the guarantee of genuine competition within the whole process of granting a public procurement. It must be stressed that the literature in the area of research in not really rich. This is accurate in terms of Polish literature and EU literature, too. Results. Conclusions and relevance: results of the research are such

Linking Environmental Protection and Poverty Reduction in Africa: An Analysis of the Regional Legal Responses to Environmental Protection

Directory of Open Access Journals (Sweden)

Emeka Polycarp Amechi

2010-09-01

Full Text Available Poverty has been identified as the main cause and consequence of environmental degradation in Africa . It follows that if poverty is the main cause of environmental degradation in Africa , then policies, programmes and legal provisions designed to protect the environment in the region will be unsuccessful without a significant improvement in the living standards, wellbeing and livelihoods of the poor. In the same breath, since poverty is a consequence of environmental degradation, then the protection of the environment is critical to the achievement of poverty reduction initiatives such as the Millennium Development Goals in Africa . Hence, it can be argued that there is a mutual relationship between the achievement of environmental protection and reduction of poverty in Africa . This article therefore examines the extent to which the various regional legal instruments for the protection of the environment in Africa recognise this mutual linkage by providing for the promotion of poverty reduction and socio-economic development as integral aspect of their objective of ensuring the protection of the environment in the region.

Childhood animal cruelty, bestiality, and the link to adult interpersonal violence.

Science.gov (United States)

Holoyda, Brian J; Newman, William J

2016-01-01

Animal cruelty has been a concern of the legal and psychiatric communities for many years. Beginning in the early 1800s, state legislatures in the United States established laws to protect the basic safety and security of animals in their jurisdictions. Legislatures have differed in opinion on the animals to receive protection under the law and have instituted differing penalties for infractions of anti-cruelty measures. In the 1960s, the psychiatric community took notice of childhood animal cruelty as a potential risk factor for violent acts against humans. Since that time there has been increasing evidence that children who engage in animal cruelty may be at increased risk of interpersonal offenses in adulthood. Less is known about children and adults who engage in bestiality and the potential risk that these individuals may pose for interpersonal sexual or nonsexual violent acts. We review the legal status of animal cruelty in the United States, summarize the history of psychiatric interest in and research of animal cruelty, describe current knowledge regarding the link between animal cruelty and violence, and propose a novel classification scheme for individuals who engage in bestiality to assist forensic psychiatric examiners in determining the risk that such behavior poses for future interpersonal offending. Copyright © 2016 Elsevier Ltd. All rights reserved.

Main Tendencies in the Problem of the Legal Collisions Study in Modern Science of the Law Theory

Directory of Open Access Journals (Sweden)

Kristina V. Ahmetjanova

2015-06-01

Full Text Available In the article the main tendencies within studying of problems of legal collisions in modern jurisprudence are considered. The main attention is paid to a question of consideration of the specified problem from a position of various types of law understanding. By results of the conducted research, author comes to a conclusion that the most part of researches on problems of collisions in law is sustained in the spirit of legal positivism, however there is a number of works in which attempt of consideration of legal collisions from a position of sociological type of understanding of the right is traced. Tendency, according to the author, is the most significant and the specified subject having a certain potential to carrying out further actual researches on.

Alternative Dispute Resolution in Ethiopia- A Legal Framework ...

African Journals Online (AJOL)

This article will attempt to explore the regime of Alternative Dispute Resolution in Ethiopia, its legal framework, current practices and the way forward. The implication of the need to embrace the use of Alternative Dispute Resolution by all stakeholders was also be analyzed. African Research Review Vol. 2 (2) 2008 pp. 265- ...

SHORT METHODOLOGICAL CONSIDERATIONS REGARDING THE LEGAL LIABILITY CONCEPT

Directory of Open Access Journals (Sweden)

Gabriela Popescu

2014-11-01

Full Text Available Various disputes and discussion regarding legal liability have not yet lead to a unitary definition of the same, each theory utilizing specific categories and notions that allow the achievement of an analysis of its research object in an own language, which renders the researcher’s task even more difficult.

Ethical and medico-legal aspects of dementia | Potocnik ...

African Journals Online (AJOL)

Ethical and medico-legal aspects of dementia. FCV Potocnik. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

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

Directory of Open Access Journals (Sweden)

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.

Should Drugs Be Legalized?

Science.gov (United States)

Chambliss, William; Scorza, Thomas

1989-01-01

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

Legal Research Methodology and the Dream of Interdisciplinarity ...

African Journals Online (AJOL)

If you would like more information about how to print, save, and work with PDFs, Highwire Press provides a helpful Frequently Asked Questions about PDFs. Alternatively, you can download the PDF file directly to your computer, from where it can be opened using a PDF reader. To download the PDF, click the Download link ...

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.

Medical negligence. An overview of legal theory and neurosurgical practice: causation.

Science.gov (United States)

Todd, Nicholas V

2014-06-01

This article discusses the principles of the law in relation to legal causation as applied to neurosurgical practice. Causation is a causal link between a breach of duty of care and the final harm. The fundamental "but-for" test for causation will be discussed, together with Chester v Afshar modified causation, prospective and retrospective probabilities of harm, loss of a chance, causation following breach of duty of care by omission, breaking the chain of causation, material contribution and the law in relation to multiple defendants, with neurosurgical examples.

The legal regime for Nigerian gas | Onyi-Ogelle | Nnamdi Azikiwe ...

African Journals Online (AJOL)

The legal regime for Nigerian gas. ... PROMOTING ACCESS TO AFRICAN RESEARCH. AFRICAN ... As the world's seventh largest, and Africa's largest deposit of natural gas, Nigeria can be described as a gas province with some oil in it.

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

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

Political and Legal Doctrine of Simon Bolivar

Directory of Open Access Journals (Sweden)

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.

[Between the stigma and the law: legal abortion in Mexico City].

Science.gov (United States)

Lamas, Marta

2014-01-01

The present contribution is part of a research developed with qualitative social research methods. It offers part of the results attained in a study performed at a clinic belonging to Mexico City´s Government, and explores the effects on staff of the implementation of Legal Pregnancy Termination (ILE, for its initials in Spanish). The results highlights that, besides diminishing health risks in the women who abort, the use of misoprostol prompted assertive attitudes in many women, that reduced the negative effects produced by the stigma of abortion. It also acknowledges the persistence of stigma in the opinions of the health personnel. The empowering of the self-image of women who become subject to this procedure is due to the full exercise of their legal right.

Legal capital: an outdated concept

OpenAIRE

John Armour

2006-01-01

This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

Directory of Open Access Journals (Sweden)

Saldi Isra

2017-08-01

Full Text Available It has been over 72 years since Indonesia proclaimed her independence on 17 August 1945. However, the 350 years of the Dutch colonization is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom and religion principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people. In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. This paper discusses the practice of legal pluralism in Indonesia and its struggle to implement rule of law and human rights principles after a half-century of authoritarian regimes. The study involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang to collect data. The research reveals that legal pluralism is not helping to strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws weaken the legal system in Indonesia and hinder its effort to implement rule of law and human rights principles.

Cross-border quest: the reality and legality of transplant tourism.

Science.gov (United States)

Ambagtsheer, Frederike; Zaitch, Damián; van Swaaningen, René; Duijst, Wilma; Zuidema, Willij; Weimar, Willem

2012-01-01

Background. Transplant tourism is a phenomenon where patients travel abroad to purchase organs for transplants. This paper presents the results of a fieldwork study by describing the experiences of Dutch transplant professionals confronted by patients who allegedly purchased kidney transplants abroad. Second, it addresses the legal definition and prohibition of transplant tourism under national and international law. The final part addresses the legal implications of transplant tourism for patients and physicians. Methods. The study involved seventeen interviews among transplant physicians, transplant coordinators and policy-experts and a review of national and international legislation that prohibit transplant tourism. Results. All Dutch transplant centers are confronted with patients who undergo transplants abroad. The estimated total number is four per year. Transplant tourism is not explicitly defined under national and international law. While the purchase of organs is almost universally prohibited, transplant tourism is hardly punishable because national laws generally do not apply to crimes committed abroad. Moreover, the purchase of organs (abroad) is almost impossible to prove. Conclusions. Transplant tourism is a legally complex phenomenon that warrants closer research and dialogue. The legal rights and obligations of patients and physicians confronted with transplant tourism should be clarified.

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

Directory of Open Access Journals (Sweden)

TETYANA KOMAROVA

2017-01-01

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

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.

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

Directory of Open Access Journals (Sweden)

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.

Linking clinical quality indicators to research evidence - a case study in asthma management for children.

Science.gov (United States)

Choong, Miew Keen; Tsafnat, Guy; Hibbert, Peter; Runciman, William B; Coiera, Enrico

2017-07-21

Clinical quality indicators are used to monitor the performance of healthcare services and should wherever possible be based on research evidence. Little is known however about the extent to which indicators in common use are based on research. The objective of this study is to measure the extent to which clinical quality indicators used in asthma management in children with outcome measurements can be linked to results in randomised controlled clinical trial (RCT) reports. This work is part of a broader research program to trial methods that improve the efficiency and accuracy of indicator development. National-level indicators for asthma management in children were extracted from the National Quality Measures Clearinghouse database and the National Institute for Health and Care Excellence quality standards by two independent appraisers. Outcome measures were extracted from all published English language RCT reports for asthma management in children below the age of 12 published between 2005 and 2014. The two sets were then linked by manually mapping both to a common set of Unified Medical Language System (UMLS) concepts. The analysis identified 39 indicators and 562 full text RCTs dealing with asthma management in children. About 95% (37/39) of the indicators could be linked to RCT outcome measures. It is possible to identify relevant RCT reports for the majority of indicators used to assess the quality of asthma management in childhood. The methods reported here could be automated to more generally support assessment of candidate indicators against the research evidence.

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Progress of research on corneal collagen cross-linking for corneal melting

Directory of Open Access Journals (Sweden)

Ke-Ren Xiao

2016-06-01

Full Text Available Corneal collagen cross-linking(CXLcould increase the mechanical strength, biological stability and halt ectasia progression due to covalent bond formed by photochemical reaction between ultraviolet-A and emulsion of riboflavin between collagen fibers in corneal stroma. Corneal melting is an autoimmune related noninfectious corneal ulcer. The mechanism of corneal melting, major treatment, the basic fundamental of ultraviolet-A riboflavin induced CXL and the clinical researches status and experiment in CXL were summarized in the study.

Civil legal responsibility for environmental pollution

Directory of Open Access Journals (Sweden)

Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

Foreign experience of increasing the level of anti-corruptive legal conscience in citizens

Directory of Open Access Journals (Sweden)

Aleksandr Vladimirovich Butkov

2015-03-01

Full Text Available Objective to describe tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries with a view to elaborate recommendations and implement them into the Russian legislation and lawenforcement practice. Methods dialectic materialism and comparative and analytical methods. Results the main tools and mechanisms are described of forming the anticorruptive legal conscience implemented in some countries in Asia Europe Australia and America which can be used in anticorruption activity in Russia. Scientific novelty for the first time in the Russia juridical literature the author describes the main tools and mechanisms of forming the anticorruptive legal conscience implemented in some foreign countries. Practical value possibility to use the research results by the subjects of the state policy of corruption counteraction to form the anticorruptive legal conscience with tools and mechanisms used in some foreign countries. nbsp

Digging in to Link Analysis Researches in Iran and all around the World: a Review Article

Directory of Open Access Journals (Sweden)

Fatemeh Nooshinfard

2011-10-01

Full Text Available Increasing websites quantity, specially scientific websites, there were many researches with concern of link analysis using webometrics by librarian and other scholars in different academic majors around the world. The purpose of this article was link analysis of all link analysis related papers from the beginning to February 19th 2009. The research based on Weiner, Amick, and Lee searching model in 2008, this study included 96 refereed papers extracted from international databases like Springer, Proquest, Sage, Emerald, IEEE, Science Direct and national databases such as Magiran and SID. These papers were studied focusing on their different parts like authors, affiliated organizations, purpose, methods, tools, keywords, date of publishing, publication, indexing databases and their suggestions. Moreover, analyzing those papers and studying any related models were the other purposes of the current article. The findings have been categorized and analyses in ten different sections.

Editorial: The researcher and the research in criminal sciences in contemporaneity

Directory of Open Access Journals (Sweden)

Caíque Ribeiro Galícia

2017-10-01

Full Text Available This editorial presents a general analysis of the contemporary reality of the researcher and research in criminal sciences in Brazil. The researcher's profile is sought as an important component to understand the choices of criminal science research guidelines, with a focus on overcoming the false claim of impartiality of the subject-researcher. In this panorama, an analysis of legal research in Brazil is made, highlighting the most important role in the better understanding of legal science, but also as a factor of social, cultural, political and economic development.

Mining Legal and Business Resources on Canadian Banking

Directory of Open Access Journals (Sweden)

Rajiv Johal

2013-06-01

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

Video Links from Prison: Permeability and the Carceral World

Directory of Open Access Journals (Sweden)

Carolyn McKay

2016-03-01

Full Text Available As audio visual communication technologies are installed in prisons, these spaces of incarceration are networked with courtrooms and other non-contiguous spaces, potentially facilitating a process of permeability. Jurisdictions around the world are embracing video conferencing and the technology is becoming a major interface for prisoners’ interactions with courts and legal advisers. In this paper, I draw on fieldwork interviews with prisoners from two correction centres in New South Wales, Australia, to understand their subjective and sensorial experiences of using video links as a portal to the outside world. These interviews raised many issues including audio permeability: a soundtrack of incarceration sometimes infiltrates into the prison video studio and then the remote courtroom, framing the prisoner in the context of their detention, intruding on legal process, and affecting prisoners’ comprehension and participation.

Legal regime of communal waste disposal

OpenAIRE

Záruba, Lukáš

2009-01-01

Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

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

Directory of Open Access Journals (Sweden)

Konrad Graf

2011-08-01

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

Smart design rules for smart grids : analysing local smart grid development through an empirico-legal institutional lens

NARCIS (Netherlands)

Lammers, Imke; Heldeweg, Michiel A.

2016-01-01

Background: This article entails an innovative approach to smart grid technology implementation, as it connects governance research with legal analysis. We apply the empirico-legal ‘ILTIAD framework’, which combines Elinor Ostrom’s Institutional Analysis and Development (IAD) framework with

Organizational Factors Affecting Legalization in Education.

Science.gov (United States)

Meyer, John W.

Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

Directory of Open Access Journals (Sweden)

Carlos Enrique Escobar Gónima

2002-02-01

Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

Legal Consequences Of The Notarial Certification Of Transactions With The Land Plots

Directory of Open Access Journals (Sweden)

Veronika V. Lukina

2014-06-01

Full Text Available In the present article the legal consequences of the notarial certification with the land plots at the present stage are researched. Author considers purposes of the notarial certification as a key to increasing evidentiary force of the notarial act. Within a researched topic a draft of the Federal Law "On the notaries and notarial activity in Russian Federation" is analyzed. Author marks out that the certifying procedure has to giving to the notarial acts the legality presumptions and the reliability presumption. Special attention is paid to the analyses of the question of changes in the procedure of the state registration of rights for real estate and actions with it from February 1, 2014. For example the idea of refusal from legal examination of documents received for state registration under the notary certified contracts, which is directed on the avoidance of the public subject’s functions duplication during their activity conduct, rendering assistance in concern to the definition of their area of responsibility is discussed. Author emphasizes that state registration of rights for real estate and actions with it isn't capable to replace the notarial certificate of actions with land real estate as notary carries out those functions which the state registration can't execute, covering that stage of legal relationship emergence, that isn’t affected by the state registration.

Morocco : Legal and Judicial Sector Assessment

OpenAIRE

World Bank

2003-01-01

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

The Theory of the Legal State

Directory of Open Access Journals (Sweden)

L. J. Du Plessis

1981-03-01

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

The Legalization of Higher Education

Science.gov (United States)

Badke, Lara K.

2017-01-01

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

Homophobic Expression in K-12 Public Schools: Legal and Policy Considerations Involving Speech that Denigrates Others

Science.gov (United States)

Eckes, Suzanne E.

2017-01-01

This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…

Evolution of the policy of legal regulation on public procurement in Lithuania

OpenAIRE

Ambrazevičienė, Rima

2004-01-01

This article aims to present in overview of the evolution of the policy of legal regulations on public procurement in Lithuania in 1990-2004. The public procurement policy in this article is understood as the concept, principles and main aims of legal regulation on this sphere. According to some scientific researchers there are two major paradigm shifts of public procurement policy in the world - a shift from internal processes to value adding benefits and a shift to opening up of public purc...

Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

Directory of Open Access Journals (Sweden)

Bartosz W. Wojciechowski

2018-04-01

Full Text Available Classical probability theory (CPT has represented the rational standard for decision making in human cognition. Even though CPT has provided many descriptively excellent decision models, there have also been some empirical results persistently problematic for CPT accounts. The tension between the normative prescription of CPT and human behavior is particularly acute in cases where we have higher expectations for rational decisions. One such case concerns legal decision making from legal experts, such as attorneys and prosecutors and, more so, judges. In the present research we explore one of the most influential CPT decision fallacies, the conjunction fallacy (CF, in a legal decision making task, involving assessing evidence that the same suspect had committed two separate crimes. The information for the two crimes was presented consecutively. Each participant was asked to provide individual ratings for the two crimes in some cases and conjunctive probability rating for both crimes in other cases, after all information had been presented. Overall, 360 probability ratings for guilt were collected from 120 participants, comprised of 40 judges, 40 attorneys and prosecutors, and 40 individuals without legal education. Our results provide evidence for a double conjunction fallacy (in this case, a higher probability of committing both crimes than the probability of committing either crime individually, in the group of individuals without legal education. These results are discussed in terms of their applied implications and in relation to a recent framework for understanding such results, quantum probability theory (QPT.

Is There a Conjunction Fallacy in Legal Probabilistic Decision Making?

Science.gov (United States)

Wojciechowski, Bartosz W; Pothos, Emmanuel M

2018-01-01

Classical probability theory (CPT) has represented the rational standard for decision making in human cognition. Even though CPT has provided many descriptively excellent decision models, there have also been some empirical results persistently problematic for CPT accounts. The tension between the normative prescription of CPT and human behavior is particularly acute in cases where we have higher expectations for rational decisions. One such case concerns legal decision making from legal experts, such as attorneys and prosecutors and, more so, judges. In the present research we explore one of the most influential CPT decision fallacies, the conjunction fallacy (CF), in a legal decision making task, involving assessing evidence that the same suspect had committed two separate crimes. The information for the two crimes was presented consecutively. Each participant was asked to provide individual ratings for the two crimes in some cases and conjunctive probability rating for both crimes in other cases, after all information had been presented. Overall, 360 probability ratings for guilt were collected from 120 participants, comprised of 40 judges, 40 attorneys and prosecutors, and 40 individuals without legal education. Our results provide evidence for a double conjunction fallacy (in this case, a higher probability of committing both crimes than the probability of committing either crime individually), in the group of individuals without legal education. These results are discussed in terms of their applied implications and in relation to a recent framework for understanding such results, quantum probability theory (QPT).

Diverse Legal Significance of a Document in Byzantine Private Law

Directory of Open Access Journals (Sweden)

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.

Organ transplantation: Legal, ethical and Islamic perspective in Nigeria

Directory of Open Access Journals (Sweden)

Abubakar A Bakari

2012-01-01

Full Text Available Organ transplantation dates back to the ancient times and since then it has become one of the important developments in modern medicine; saving the lives, as well as improving the quality of life of many patients. As the demand for organ transplantation far exceeds the organ availability, the transplant program is often saddled with complex legal and ethical issues. This review article highlights the legal and ethical issues that might arise regarding organ transplantation and appraises the existing legal frame work governing organ transplantation in Nigeria. Information on legal, cultural, religious and medical ethical issues regarding organ transplantation in Nigeria was obtained by searching the PubMed and Google Scholar, conference proceedings, seminar paper presentations, law library and other related publications were collated and analyzed. In decision making for organ transplantation, the bioethical principles like autonomy, beneficence and justice must be employed. It was believed by Catholic theologians that to mutilate one living person to benefit another violates the principle of Totality. Among Muslim scholars and researchers, there are those who throw legal support as to its permissibility while the other group sees it as illegal. Organ/tissues transplantation is considered a medical intervention that touches on the fundamental rights of the donor or the recipient. Where there is an unlawful infringement of the right of such persons in any way may be regarded as against Section 34 of the 1999 Nigerian Constitution dealing with right to dignity of the human person. Worldwide, the researchers and government bodies have agreed on informed consent for organ/tissue donation and for recipient should be obtained without coercion before embarking on such medical treatment Worldwide organ transplantation has become the best medical treatment for patients with end stage organ failure. However, there is no law/legislation backing organ

Obstetric violence: A Latin American legal response to mistreatment during childbirth.

Science.gov (United States)

Williams, Caitlin R; Jerez, Celeste; Klein, Karen; Correa, Malena; Belizán, José M; Cormick, Gabriela

2018-05-04

Over the last several years, a new legal construct has emerged in Latin America that encompasses elements of quality of obstetric care and mistreatment of women during childbirth - both issues of global maternal health import. Termed "obstetric violence," this legal construct refers to disrespectful and abusive treatment that women may experience from health care providers during pregnancy, childbirth, and the postpartum period, as well as other elements of poor quality care, such as failure to adhere to evidence-based best practices. This new legal term emerged out of concerted efforts by women's groups and networks, feminists, professional organizations, international and regional bodies, and public health agents and researchers to improve the quality of care that women receive across the region. This article is protected by copyright. All rights reserved. This article is protected by copyright. All rights reserved.

Legal Marketing and Lawyer's Communication

Directory of Open Access Journals (Sweden)

Sara Casolaro

2016-09-01

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

EARNINGS MANAGEMENT, AUDIT QUALITY AND LEGAL ENVIRONMENT: AN INTERNATIONAL COMPARISON

Directory of Open Access Journals (Sweden)

Mehmet Unsal Memis

2012-01-01

Full Text Available This paper investigates the relationship between earnings management-audit quality and earnings management-legal system quality by using 1507 firms’ observations from listed companies in private firms across different 8 emerging countries. Consistent with previous research, differentiation between Big 4 and non-Big 4 audit firms are used as a audit quality proxy and discretionary accruals are used to measure the earnings management. According to the results, only for Brazilian and Mexican companies, there is significant relationship between the discretionary accruals and audit quality. For the other countries there is not significant relationship. Furthermore efficiency of the legal system helps decrease earnings management incentives. Along with results, the big four auditors do not constrain the earnings management incentives in every emerging country but effective legal system does. In this analysis we used other earnings management related variables like the size of the firms, leverage, lagged ROA of the firms which have loss in the previous year and Tobin Q as control variables.

Lost in Implementation: EU Law Application in Albanian Legal System

Directory of Open Access Journals (Sweden)

Hajdini Bojana

2017-06-01

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

Legal Translation Dictionaries for Learners

DEFF Research Database (Denmark)

Nielsen, Sandro

2010-01-01

in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

Citizen Journalism in Cyber Media: Protection and Legal Responsibility Under Indonesian Press Law

OpenAIRE

Prahassacitta, Vidya

2017-01-01

Phenomena of citizen journalism had accepted and become part of cyber media. Cyber media owned and managed by press companies had featured citizen journalists’ information, critics, opinions, and news. Citizen journalism was part of freedom of expression. However, in Indonesia’s press law concept, it was not part of the national press. This created legal issues regarding protection and legal responsibility aspects for both parties. A qualitative research was conducting to solving these issues...

Process research on Emotionally Focused Therapy (EFT) for couples: linking theory to practice.

Science.gov (United States)

Greenman, Paul S; Johnson, Susan M

2013-03-01

The focus of this article is on the link among theory, process, and outcome in the practice of Emotionally Focused Therapy (EFT) for couples. We describe the EFT model of change and the EFT perspective on adult love as the reflection of underlying attachment processes. We outline the manner in which theory and research inform EFT interventions. This leads into a detailed review of the literature on the processes of change in EFT. We highlight the client responses and therapist operations that have emerged from process research and their relation to treatment outcomes. We discuss the implications of this body of research for clinical practice and training. © FPI, Inc.

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.

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

African Journals Online (AJOL)

The ethical-legal framework in South Africa is in a period of transition, with a number of new developments changing the substantive principles and procedures for health research in the country. Some of the changing dynamics include both law reform and the review of ethical guidelines. This changing environment poses ...

Social Mechanisms in Elaborating Russian Educational Policy: Legal Monitoring

Science.gov (United States)

Gostev, Aleksandr N.; Turko, Tamara I.; Shchepanskiy, Sergey B.

2016-01-01

The article presents the results of legal monitoring and those of a sociological research on the efficiency of social mechanisms in Russian Federation education policy. The data obtained substantiates: the need for systematic improvement of Russian legislation in the education sector; revised notions and content of social mechanisms in Russian…

How Does Legalization of Physician-Assisted Suicide Affect Rates of Suicide?

Science.gov (United States)

Jones, David Albert; Paton, David

2015-10-01

Several US states have legalized or decriminalized physician-assisted suicide (PAS) while others are considering permitting PAS. Although it has been suggested that legalization could lead to a reduction in total suicides and to a delay in those suicides that do occur, to date no research has tested whether these effects can be identified in practice. The aim of this study was to fill this gap by examining the association between the legalization of PAS and state-level suicide rates in the United States between 1990 and 2013. We used regression analysis to test the change in rates of nonassisted suicides and total suicides (including assisted suicides) before and after the legalization of PAS. Controlling for various socioeconomic factors, unobservable state and year effects, and state-specific linear trends, we found that legalizing PAS was associated with a 6.3% (95% confidence interval 2.70%-9.9%) increase in total suicides (including assisted suicides). This effect was larger in the individuals older than 65 years (14.5%, CI 6.4%-22.7%). Introduction of PAS was neither associated with a reduction in nonassisted suicide rates nor with an increase in the mean age of nonassisted suicide. Legalizing PAS has been associated with an increased rate of total suicides relative to other states and no decrease in nonassisted suicides. This suggests either that PAS does not inhibit (nor acts as an alternative to) nonassisted suicide, or that it acts in this way in some individuals but is associated with an increased inclination to suicide in other individuals.

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

OpenAIRE

Claudiu Ramon D. Butculescu

2015-01-01

This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

Linking a research register to clinical records in older adults' mental health services: a mixed-methods study.

Science.gov (United States)

Robotham, Dan; Evans, Joanne; Watson, Andrew; Perdue, Iain; Craig, Thomas; Rose, Diana; Wykes, Til

2015-01-01

Patients can provide consent to have their clinical records linked to a research register, a process known as consent for contact (C4C). There is evidence about how to engage people with mental illness in C4C, but nothing specific to older adults. This is a priority area for research (for example, dementia trials), although sign-up rates to C4C are lower than for younger populations. Through this study we seek to understand these disparities. This was a two-stage cross-sectional observational study. In phase one, focus groups with service users, carers and clinicians informed a framework for clinicians to explain C4C to those on their caseload. In phase two, clinicians explained C4C to 26 service users (and carers where applicable). These conversations were recorded, and their content was analysed. Service users and carers were then interviewed to provide further feedback on their conversations with clinicians. A total of 31 service users, 24 carers and 13 clinical staff took part across the two phases. In phase one, service users and carers sought assurance of the right to refuse participation in further studies (after joining C4C). Clinicians expressed concerns over legal and practical implications of ascertaining mental capacity and best interest. In phase two, clinicians' explanations were less thorough than similar explanations given to younger adults with psychosis. Clinicians omitted details of service users' right to stipulate contact arrangements, which was significantly associated with whether service users/carers agreed to join. Common reasons for joining C4C included altruism and the chance to speak to new people. Few participants refused to join, but reasons included avoidance of stress (potentially alleviated through the presence of a carer). Implementing C4C in older adults' services requires clinicians to deliver concise, simple explanations to individuals and their carers where applicable. Older adults can be suspicious of unsolicited contact; thus

Studying Legal Cultures and Encounters?

DEFF Research Database (Denmark)

Petersen, Hanne

2015-01-01

This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

Legal Principles and Legislative Instrumentalism

NARCIS (Netherlands)

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

2003-01-01

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

Screening for Elder Mistreatment among Older Adults Seeking Legal Assistance Services

Directory of Open Access Journals (Sweden)

Sheryl M Strasser

2013-08-01

Full Text Available Introduction: The aging population is a rapidly growing demographic in the United States. Isolation, limited autonomy, and declining physical and mental health render many older adults vulnerable to elder mistreatment (EM. The purpose of this study was to assess the prevalence and correlates of EM among a sample of older adults using legal assistance services in Atlanta, Georgia.Methods: Researchers administered surveys to consenting older adults (aged 60þ in 5 metro Atlanta community centers that hosted legal assistance information sessions as part of the Elderly Legal Assistance Program. The surveys screened for risk factors and prevalence of EM risk using valid and reliable measures and included additional questions regarding demographics characteristics and healthcare use behaviors.Results: Surveys were completed by 112 participants. Findings reveal that 32 (28.6% respondents met the criteria for elder abuse / neglect risk; 17 (15.2% respondents met criteria for depression; and 105 (93.7% had visited a healthcare provider during the past 6 months.Conclusion: The rates of EM risk in this sample were higher than those previously reported in research. Findings support continued examination of unique risks that may be present among older adults who may be possibly facing legal issues. Additionally, the reported frequency of healthcare visits among participants reveals a promising opportunity to examine development of a more widespread EM screening approach to be conducted in non-emergency settings. Interdisciplinary collaboration is required to inform screening approaches that account for complexities that EM cases present. [West J Emerg Med. 2013;14(4:309–315.

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

Directory of Open Access Journals (Sweden)

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

€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...

Treatment, alcoholics anonymous, and 16-year changes in impulsivity and legal problems among men and women with alcohol use disorders.

Science.gov (United States)

Blonigen, Daniel M; Timko, Christine; Moos, Bernice S; Moos, Rudolf H

2009-09-01

The link between impulsive personality traits and alcohol use disorders (AUDs) is well established. No studies, however, have investigated whether receipt of help for AUDs predicts change in impulsivity or whether such change is associated with relevant outcomes such as legal problems. The present study examined predictive associations between the duration of help for AUDs (Alcoholics Anonymous [AA], professional treatment) and impulsivity and legal problems over 16 years in men and women with AUDs. Participants who were initially untreated for their AUDs (n(men) = 332, n(women) = 296) completed follow-up telephone interviews at 1 and 16 years after their baseline assessment. Impulsivity and legal problems declined between baseline and the 1-year and 16-year follow-ups among both women and men. A longer duration of participation in AA predicted a decline in impulsivity at both follow-up assessments, and, in turn, a decline in impulsivity predicted a decline in legal problems at Years 1 and 16. In addition, a longer duration of participation in AA predicted fewer legal problems at Year 1, and this association was moderated by gender (significant in men) and impulsivity (significant for individuals with higher baseline scores). The results highlight the potential for AA and professional treatment to reduce the expression of impulsivity and related disinhibitory traits and legal problems in individuals with AUDs.

Legal Knowledge and Agility in Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2013-01-01

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

Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance

NARCIS (Netherlands)

Conti, K.I.; Gupta, J.

2014-01-01

Threats to groundwater sustainability demand governance. However, groundwater governance regimes are developing incongruously across geographic levels. Therefore, this research raises the question, how does lack of consensus regarding principles of groundwater law manifest itself as legal pluralism

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

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

Legal Quality, Inequality, and Tolerance

DEFF Research Database (Denmark)

Bjørnskov, Christian

2004-01-01

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

Linking international research to global health equity: the limited contribution of bioethics.

Science.gov (United States)

Pratt, Bridget; Loff, Bebe

2013-05-01

Health research has been identified as a vehicle for advancing global justice in health. However, in bioethics, issues of global justice are mainly discussed within an ongoing debate on the conditions under which international clinical research is permissible. As a result, current ethical guidance predominantly links one type of international research (biomedical) to advancing one aspect of health equity (access to new treatments). International guidelines largely fail to connect international research to promoting broader aspects of health equity - namely, healthier social environments and stronger health systems. Bioethical frameworks such as the human development approach do consider how international clinical research is connected to the social determinants of health but, again, do so to address the question of when international clinical research is permissible. It is suggested that the narrow focus of this debate is shaped by high-income countries' economic strategies. The article further argues that the debate's focus obscures a stronger imperative to consider how other types of international research might advance justice in global health. Bioethics should consider the need for non-clinical health research and its contribution to advancing global justice. © 2011 Blackwell Publishing Ltd.

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.

SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

Directory of Open Access Journals (Sweden)

Tamara Hubanova

2017-12-01

Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

ACCESSORIES OF FISCAL OBLIGATION. LEGAL REGIME

Directory of Open Access Journals (Sweden)

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.

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.

Collaborative Legal Pluralism

Directory of Open Access Journals (Sweden)

Wim Decock

2017-01-01

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

Health Law as a Legal Discipline

DEFF Research Database (Denmark)

Madsen, Helle Bødker

2011-01-01

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

[THE SIGNIFICANCE OF THE LEGAL PERSPECTIVE - THE LEGAL WORLD'S CONTRIBUTION TO THE MEDICAL WORLD].

Science.gov (United States)

Sigler-Harcavi, Alona; Cohen Ashkenazi, Limor

2018-04-01

Working with medical and paramedical teams has taught us that the medical staff does not fully utilize the potential of judicial decisions and precedents as a source for learning, drawing conclusions and motivating progress. Judicial ruling is an essential part of the toolbox used by medical administrators in general, and healthcare risk managers in particular. Knowing the relevant legal rulings, before you embark on any given path, is the equivalent of looking before you leap. This is not necessarily an issue of "holy scripture", but should mainly be considered as a source for expanding your perspective. Knowledge of the relevant rulings has many advantages that stem from the unique characteristics of the legal system. While the medical world has a clear and unequivocal advantage regarding knowledge and experience with respect to medicine, the legal world has various other advantages: a different and wider perspective with respect to economic and/or political considerations; universal fundamental principles, such as autonomy, equality, distributive justice, human dignity, the state's obligations to its citizens; complex systems of checks and balances, such as: desirable vs. available, the benefit of few vs. the good of the many, etc. These tools, typical of the legal world, are especially relevant to medicolegal issues, usually associated with medical administration, such as: the obligation of consultation, obligation of follow-up, treatment continuity, priorities, resource distribution, patient rights, etc. The contribution of the legal world to these issues is both unique and essential. Those who question the ability of judges to understand the medical world and to materially contribute to medical thinking and practice, claiming that they lack medical training and experience, should recognize the diverse contribution of the legal world to the medical world.

Legal risk management in shipping

DEFF Research Database (Denmark)

Siig, Kristina

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

Legal, regulatory & institutional issues facing distributed resources development

Energy Technology Data Exchange (ETDEWEB)

NONE

1996-10-01

This report describes legal, regulatory, and institutional considerations likely to shape the development and deployment of distributed resources. It is based on research co-sponsored by the National Renewable Energy Laboratory (NREL) and four investor-owned utilities (Central & South West Services, Cinergy Corp., Florida Power Corporation, and San Diego Gas & Electric Company). The research was performed between August 1995 and March 1996 by a team of four consulting firms experienced in energy and utility law, regulation, and economics. It is the survey phase of a project known as the Distributed Resources Institutional Analysis Project.

5 CFR 582.202 - Service of legal process.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 1 2010-01-01 2010-01-01 false Service of legal process. 582.202 Section... GARNISHMENT OF FEDERAL EMPLOYEES' PAY Service of Legal Process § 582.202 Service of legal process. (a) A... agency as a garnishee. (b) Service of legal process may be accomplished by certified or registered mail...

Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

Directory of Open Access Journals (Sweden)

Natalia Saitarli

2015-08-01

Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

[Communication in health care - legal aspects].

Science.gov (United States)

Mina, András

2016-04-24

This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

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 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 ...

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

Directory of Open Access Journals (Sweden)

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

42 CFR 57.1511 - Opinion of legal counsel.

Science.gov (United States)

2010-10-01

... indebtedness to the lender, stating that the credit and security instruments executed by the applicant are duly... memorandum or opinion of legal counsel with respect to the legality of any proposed note issue, the legal authority of the applicant to issue the note and secure it by the proposed collateral, and the legality of...

Legal Approaches to Online Arbitration: Opportunities and Challenges in Indonesia

OpenAIRE

Fitrianingrum, Agustina; Shahrullah, Rina Shahriyani; Syarief, Elza

2016-01-01

Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approa...

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

Science.gov (United States)

Selek, Salih; Vural, Mehmet; Cakmak, Ilknur

2012-12-01

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

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...

Platform economy in legal profession : An empirical study on online legal service providers in China

NARCIS (Netherlands)

Li, Jing

2018-01-01

Platform economy breaks into the legal profession by pooling lawyers with different specializations into a simple user-friendly platform, consolidating the lower-tier supply side of the legal market and generating economy of scale. This paper is the very first empirical piece looking into China’s

Conflict Resolution: The Relationship Between Air Force Public Affairs and Legal Functions

National Research Council Canada - National Science Library

Law, James

1998-01-01

.... This research examines the relationship between Air Force public affairs and legal functions to find out what conflict exists, how often it occurs, how it is resolved, what the results are for the...

Legal regulation of home births

Directory of Open Access Journals (Sweden)

Baturan Luka O.

2015-01-01

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

THE LEGAL INDEBTEDNESS CAPACITY OF ROMANIAN LOCAL GOVERNMENTS - THEORETICAL AND EMPIRICAL EVIDENCES

Directory of Open Access Journals (Sweden)

Bilan Irina

2011-12-01

Full Text Available The factual, not only formal capacity of local governments to appeal to borrowed resources is, considering the current conditions, a prerequisite for ensuring economic and social development of local communities. In this paper we intend to position the main theoretical and empirical evidences on local governments indebtedness capacity, mainly focusing on its sizing according to Romanian regulatory framework. With respect to previous research, the issue approached is one of great interest as it has not been, in the Romanian literature on local public finances, subject to a separate analysis of proportions. The undertaken analysis comprises a quantitative dimension, based on processed data from the consolidated general budget of Romanian local governments for 2007-2009, in permanent conjunction with monitoring and analysis of the involved qualitative aspects. To ensure the relevance of the research results, the analysis undertaken refers to the legal framework in function throughout the considered period of time, without involving the legislative changes operated in mid-2010. The main conclusions drawn from our analysis indicate that, considering the current Romanian socio-economic environment, under the impact of specific factors of different nature, the legal indebtedness capacity is far from being well valued, thus bringing its benefits to local communities development. This conclusion is valid from a global perspective as well as for different types of local communities. This appears to be inconsistent with the permanently claimed need to fund important local public investments, mainly in infrastructure, indicating, despite the high legal indebtedness capacity, the lack of factual access to borrowed resources. We suggest, therefore, to introduce the concept of effective indebtedness capacity, the result of a particularized correlation for different local governments between legal indebtedness capacity and the manifestation of several factors

Legal protection in French environmental law

International Nuclear Information System (INIS)

Fromont, M.

1983-01-01

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

Operative Links

DEFF Research Database (Denmark)

Wistoft, Karen; Højlund, Holger

2012-01-01

and have been the object of great expectations concerning the ability to incorporate health concerns into every welfare area through health promotion strategies. The paper draws on results and analyses of a collective research project funded by the Danish National Research Council and carried out...... links' that indicate cooperative levels which facilitate a creative and innovative effort in disease prevention and health promotion targeted at children and adolescents - across traditional professional boundaries. It is proposed that such links are supported by network structures, shared semantics...

Preparing linked population data for research: cohort study of prisoner perinatal health outcomes

Directory of Open Access Journals (Sweden)

Lisa Hilder

2016-06-01

Full Text Available Abstract Background A study of pregnancy outcomes related to pregnancy in prison in New South Wales, Australia, designed a two stage linkage to add maternal history of incarceration and serious mental health morbidity, neonatal hospital admission and infant congenital anomaly diagnosis to birth data. Linkage was performed by a dedicated state-wide data linkage authority. This paper describes use of the linked data to determine pregnancy prison exposure pregnancy for a representative population of mothers. Methods Researchers assessed the quality of linked records; resolved multiple-matched identities; transformed event-based incarceration records into person-based prisoner records and birth records into maternity records. Inconsistent or incomplete records were censored. Interrogation of the temporal relationships of all incarceration periods from the prisoner record with pregnancies from birth records identified prisoner maternities. Interrogation of maternities for each mother distinguished prisoner mothers who were incarcerated during pregnancy, from prisoner control mothers with pregnancies wholly in the community and a subset of prisoner mothers with maternities both types of maternity. Standard descriptive statistics are used to provide population prevalence of exposures and compare data quality across study populations stratified by mental health morbidity. Results Women incarcerated between 1998 and 2006 accounted for less than 1 % of the 404,000 women who gave birth in NSW between 2000 and 2006, while women with serious mental health morbidity accounted for 7 % overall and 68 % of prisoners. Rates of false positive linkage were within the predicted limits set by the linkage authority for non-prisoners, but were tenfold higher among prisoners (RR 9.9; 95%CI 8.2, 11.9 and twice as high for women with serious mental health morbidity (RR 2.2; 95%CI 1.9, 2.6. This case series of 597 maternities for 558 prisoners pregnant while in prison

Preparing linked population data for research: cohort study of prisoner perinatal health outcomes.

Science.gov (United States)

Hilder, Lisa; Walker, Jane R; Levy, Michael H; Sullivan, Elizabeth A

2016-06-16

A study of pregnancy outcomes related to pregnancy in prison in New South Wales, Australia, designed a two stage linkage to add maternal history of incarceration and serious mental health morbidity, neonatal hospital admission and infant congenital anomaly diagnosis to birth data. Linkage was performed by a dedicated state-wide data linkage authority. This paper describes use of the linked data to determine pregnancy prison exposure pregnancy for a representative population of mothers. Researchers assessed the quality of linked records; resolved multiple-matched identities; transformed event-based incarceration records into person-based prisoner records and birth records into maternity records. Inconsistent or incomplete records were censored. Interrogation of the temporal relationships of all incarceration periods from the prisoner record with pregnancies from birth records identified prisoner maternities. Interrogation of maternities for each mother distinguished prisoner mothers who were incarcerated during pregnancy, from prisoner control mothers with pregnancies wholly in the community and a subset of prisoner mothers with maternities both types of maternity. Standard descriptive statistics are used to provide population prevalence of exposures and compare data quality across study populations stratified by mental health morbidity. Women incarcerated between 1998 and 2006 accounted for less than 1 % of the 404,000 women who gave birth in NSW between 2000 and 2006, while women with serious mental health morbidity accounted for 7 % overall and 68 % of prisoners. Rates of false positive linkage were within the predicted limits set by the linkage authority for non-prisoners, but were tenfold higher among prisoners (RR 9.9; 95%CI 8.2, 11.9) and twice as high for women with serious mental health morbidity (RR 2.2; 95%CI 1.9, 2.6). This case series of 597 maternities for 558 prisoners pregnant while in prison (of whom 128 gave birth in prison); and 2

A Formidable Task: Reflections on obtaining legal empirical evidence on human trafficking in Canada

OpenAIRE

Hayli Millar; Tamara O'Doherty; Katrin Roots

2017-01-01

This article explores the experiences, challenges and findings of two empirical research studies examining Canada’s legal efforts to combat human trafficking. The authors outline the methodologies of their respective studies and reflect on some of the difficulties they faced in obtaining empirical data on human trafficking court cases and legal proceedings. Ultimately, the authors found that Canadian trafficking case law developments are in their early stages with very few convictions, despit...

Neuroscience Data and Tool Sharing: A legal and policy framework for neuroinformatics

Czech Academy of Sciences Publication Activity Database

Eckersley, P.; Egan, G.F.; de Schutter, E.; Yiyuan, T.; Novák, Mirko; Šebesta, Václav; Mathiessen, L.; Jaaskelainen, I.P.; Ruotsalainen, U.; Herz, A.V.M.; Hoffmann, K.P.; Ritz, R.; Ravindranath, V.; Beltrame, F.; Amari, S.; Usui, S.; Lee, S. Y.; van Pelt, S.; Bjaalie, J.G.; Wrobel, A.; da Silva, F.M.; Gonzales, C.; Grillner, S.; Verschure, P.; Dalkara, T.; Bennett, R.; Willshaw, D.; Koslow, S.H.; Miller, P.L.; Subramanian, S.; Toga, A.W.

2003-01-01

Roč. 1, č. 2 (2003), s. 149-165 ISSN 1539-2791 Source of funding: V - iné verejné zdroje Keywords : neuroscience * neuroinformatics * legal frameworks * collaborative research Subject RIV: IN - Informatics, Computer Science

Legal assessment tool (LAT): an interactive tool to address privacy and data protection issues for data sharing.

Science.gov (United States)

Kuchinke, Wolfgang; Krauth, Christian; Bergmann, René; Karakoyun, Töresin; Woollard, Astrid; Schluender, Irene; Braasch, Benjamin; Eckert, Martin; Ohmann, Christian

2016-07-07

In an unprecedented rate data in the life sciences is generated and stored in many different databases. An ever increasing part of this data is human health data and therefore falls under data protected by legal regulations. As part of the BioMedBridges project, which created infrastructures that connect more than 10 ESFRI research infrastructures (RI), the legal and ethical prerequisites of data sharing were examined employing a novel and pragmatic approach. We employed concepts from computer science to create legal requirement clusters that enable legal interoperability between databases for the areas of data protection, data security, Intellectual Property (IP) and security of biosample data. We analysed and extracted access rules and constraints from all data providers (databases) involved in the building of data bridges covering many of Europe's most important databases. These requirement clusters were applied to five usage scenarios representing the data flow in different data bridges: Image bridge, Phenotype data bridge, Personalised medicine data bridge, Structural data bridge, and Biosample data bridge. A matrix was built to relate the important concepts from data protection regulations (e.g. pseudonymisation, identifyability, access control, consent management) with the results of the requirement clusters. An interactive user interface for querying the matrix for requirements necessary for compliant data sharing was created. To guide researchers without the need for legal expert knowledge through legal requirements, an interactive tool, the Legal Assessment Tool (LAT), was developed. LAT provides researchers interactively with a selection process to characterise the involved types of data and databases and provides suitable requirements and recommendations for concrete data access and sharing situations. The results provided by LAT are based on an analysis of the data access and sharing conditions for different kinds of data of major databases in Europe

The doctor in claims for work injuries and ill health--legal pitfalls.

Science.gov (United States)

Lee, See-Muah; Sng, Judy; Koh, David

2009-08-01

Occupational health work is currently undertaken by the specialist and the non-specialist physician alike. The work scope can vary from medical assessments of individual workers to health risk assessment at the workplace. The scope of the latter will include evaluation of exposures, hazards, risks and its management to control these risks. Much of the case law governing legal disputes over industrial safety and health have involved the employers. Over the years, the actions brought forth by workers have resulted in a formidable volume of case law based on statutes and on the common law of negligence in tort. Disputes over the assessment of workers' health or workplace health risks to the extent that it is a failure to discharge a reasonable standard of care, may result in the doctor being a defendant. Measures to prevent these legal pitfalls include communication with employers about the causative link of the illness suffered to workplace factors and the clarity of contractual obligations undertaken with regard to workplace health risk assessment.

30 CFR 41.20 - Legal identity report.

Science.gov (United States)

2010-07-01

... 30 Mineral Resources 1 2010-07-01 2010-07-01 false Legal identity report. 41.20 Section 41.20... ADMINISTRATIVE REQUIREMENTS NOTIFICATION OF LEGAL IDENTITY Operator's Report to the Mine Safety and Health Administration § 41.20 Legal identity report. Each operator of a coal or other mine shall file notification of...

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...

Terrorism as a Social and Legal Phenomenon

Science.gov (United States)

Serebrennikova, Anna; Mashkova, Yekaterina

2017-01-01

This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

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

International Nuclear Information System (INIS)

Meherremov, A.A.

2007-01-01

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

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-01-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-06-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

Legal terminology

DEFF Research Database (Denmark)

Engberg, Jan

2013-01-01

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

Features of legal mechanism environmental responsibility of citizens in Ukraine

Directory of Open Access Journals (Sweden)

О. О. Шинкарьов

2015-05-01

Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it.  It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions:    1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological  and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are

How Elsevier is supporting the value and usefulness of data with Cross-linking and Research Data Services.

Science.gov (United States)

Keall, Bethan; Koers, Hylke; Marques, David

2013-04-01

Research in the Earth & Planetary Sciences is characterized by a wealth of observational data - ranging from observations by satellites orbiting the Earth, to borehole measurements at the bottom of the ocean, and also includes data from projects like the Rover Curiosity Landing. Thanks to technological advancements, it has become much easier for researchers over the last few decades to gather large volumes of data, analyze, and share with other researchers inside and outside the lab. With data serving such an important role in the way research is carried out, it becomes a crucial task to archive, maintain, organize, and disseminate research data in a dependable and structured manner. Subject-specific data repositories, often driven by the scientific community, are taking an increasingly prominent role in this domain, getting traction amongst researchers as the go-to place to deposit raw research data. At the same time, the scientific article remains an essential resource of scientific information. At Elsevier, we strive to continuously adapt the article format to meet the needs of modern-day researchers. This includes better support for digital content (see, e.g., http://www.elsevier.com/googlemaps), but also bidirectional linking between online articles and data repositories. In this spirit, Elsevier is collaborating with several leading data repositories, such as PANGAEA, IEDA, and NERC, to interlink articles and data for improved visibility and discoverability of both primary research data and research articles. In addition, Elsevier has formed a new group, Research Data Services, with three primary goals: • help increase the sharing and archiving of research data in discipline-specific repositories • help increase the value of shared data, particularly with annotation and provenance metadata and linking discipline-specific datasets together • help create a credit and impact assessment infrastructure to make research data independently important in its own

The International Legal Personality of the Individual

DEFF Research Database (Denmark)

Kjeldgaard-Pedersen, Astrid

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

75 FR 74146 - Office of Financial Research; Statement on Legal Entity Identification for Financial Contracts

Science.gov (United States)

2010-11-30

... information regarding this Statement contact the Office of Domestic Finance, Treasury, at (202) 622-1766. All... relationship to other entities. Identification of the legal entity is a fundamental ingredient in creating a... reassigned; (3) Persist over the life of an entity regardless of corporate actions or other business or...

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

Science.gov (United States)

Bielby, Phil

2014-06-01

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