WorldWideScience

Sample records for planning legal aspects

  1. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

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

  2. SPAM -- Technological and Legal Aspects

    CERN Document Server

    Banday, M Tariq

    2011-01-01

    In this paper an attempt is made to review technological, economical and legal aspects of the spam in detail. The technical details will include different techniques of spam control e.g., filtering techniques, Genetic Algorithm, Memory Based Classifier, Support Vector Machine Method, etc. The economic aspect includes Shaping/Rate Throttling Approach/Economic Filtering and Pricing/Payment based spam control. Finally, the paper discusses the legal provisions for the control of spam. The scope of the legal options is limited to USA, European Union, New Zealand, Canada, Britain and Australia.

  3. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  4. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  5. [Legal aspects of ritual circumcision].

    Science.gov (United States)

    Schreiber, M; Schott, G E; Rascher, W; Bender, A W

    2009-12-01

    Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out - be it for medical or ritual reasons - without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.

  6. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  7. [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.

  8. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  9. Understanding How Grammatical Aspect Influences Legal Judgment.

    Directory of Open Access Journals (Sweden)

    Andrew M Sherrill

    Full Text Available Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder, the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect, which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality. In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  10. Understanding How Grammatical Aspect Influences Legal Judgment.

    Science.gov (United States)

    Sherrill, Andrew M; Eerland, Anita; Zwaan, Rolf A; Magliano, Joseph P

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder) and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect), which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality). In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  11. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

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

  12. [Legal aspects of mineral waters].

    Science.gov (United States)

    Callipo, C

    1976-01-01

    The Author takes up the subject of the report in order to carry out a comprehensive legal recognition of the mineral water regulations in Italy and emphasizes that in this field the results of scientific conclusions, or rather of the various scientific branches (medical hydrology, microbiology, chemics, hydrogeology, medical clinics, pharmacology, etc.) supply a cognitive support to the legislator and the substantial contents to the legal standards. He therefore illustrates the two main outlines of the rules, i.e. the hygienic sanitary one and the mineral one: such lay-out is subsequently related to the implementation of the Regions on one hand and to the enforcement of CEE-rules on the other. This has led to the fact that the hygienic-sanitary legislation was confirmed to the State while the mineral one was transferred to the Regions. After having shown up contrasts and expressed the necessity of clearness and uniformity of rules and criteria, the Author connects these requirements mainly with the implementation of hygienic-sanitary surveillance and consequently with the evaluation of the banal bacterical contents under the point of view of merit--i.e. the rules should include the probative results of science--as well as from a point of view of coordinated allotments of competence by the various organisms.

  13. Understanding How Grammatical Aspect Influences Legal Judgment

    NARCIS (Netherlands)

    Sherrill, Andrew M.; Eerland, Anita; Zwaan, Rolf A.; Magliano, Joseph P.

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect

  14. Legal Aspects In Stroke Management

    Directory of Open Access Journals (Sweden)

    Reza Hajmanouchehri

    2017-02-01

    Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient

  15. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

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

    2012-01-01

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

  16. Understanding how grammatical aspect influences legal judgment

    NARCIS (Netherlands)

    A.M. Sherrill (Andrew M.); A. Eerland (Anita); R.A. Zwaan (Rolf); J.P. Magliano (Joseph P.)

    2015-01-01

    textabstractRecent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether gramma

  17. ECONOMIC - LEGAL ASPECTS OF OLYMPIC MARKETING

    Directory of Open Access Journals (Sweden)

    Voevodina S. S.

    2014-06-01

    Full Text Available The economic and legal aspects of Olympic marketing have been analyzed in the article. The development of the Olympic marketing tools is also being discussed. Along with this, the necessity of the formulation of the marketing activity law is based in the article

  18. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

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

  19. 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...... 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......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...

  20. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  1. [Animal experiments: legal, scientific and ethical aspects].

    Science.gov (United States)

    Houvenaghel, A

    2000-01-01

    Among the legal aspects the following topics are treated: the definitions of an experimental animal, an animal experiment and alternative methods with special reference to the 3 R's (replacement, reduction and refinement of animal experiments); the qualifications, education and training of researchers and animal technicians; the licence for animal experimentation; the control on animal welfare; the origin and identification of experimental animals; statistical data on the number of experimental animals; ethics committees and their structure and functions in The Netherlands and Flanders. Extrapolation, species specificity and variability are the most important scientific limitations of animal experimentation. After a short historical survey on the man-animal relation, the following ethical aspects are discussed: the instrumental versus intrinsic value of an experimental animal; the hybrid status of the animal; the objectives of animal rights movements; the balance between the human benefit of an animal experiment and the discomfort for the animal; the problem of animal rights and animal suffering and pain.

  2. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

  3. Legal aspects of transferring some state powers to municipal administration

    OpenAIRE

    Kuznetsov, S.

    2011-01-01

    The article analyzes legal aspects of transferring some state powers to municipal administration; reveals problems arising during this process in some regions; draws conclusions on the topic concerned.

  4. Medico-legal aspects of doping.

    Science.gov (United States)

    Madea, B; Grellner, W; Musshoff, F; Dettmeyer, R

    1998-03-01

    Abuse of anabolic steroids is an increasing problem not only among athletes but also body-builders and teenagers. A fast-developing black market has been established since the opening of the borders to eastern Europe. Medico-legal aspects of doping are addressed with particular reference to toxicology and pathology. Constituents of anabolic steroids bought on the black market were identified using gas chromatography/mass spectrometry; the products did not contain the expected ingredients in 35% of cases. Long-term effects and fatalities because of anabolic steroid abuse are reported here based on our own case material and a literature review. In our own cases, severe cardiovascular side-effects developed after long-term abuse of Dianabol (methandrostenolone) and Oral-Turinabol (chlordehydromethyltestosterone), i.e. myocardial infarction, stroke, organomegaly and/or severe atherosclerosis. The pathogenesis of cardiovascular complications (cardiotoxic effect, risk of atherosclerosis, thrombogenic risk) is discussed based on the available literature reports following fatal outcome after the abuse of anabolic steroids.

  5. CONTROVERSIAL ASPECTS REGARDING APPOINTING AND REVOKING THE LEGAL ENTITY ADMINISTRATOR

    Directory of Open Access Journals (Sweden)

    CARMEN TODICA

    2012-05-01

    Full Text Available Having as main objective the analysis the provisions of Company Law and the New Civil Code regarding the management of a trading company by a legal person, the study offers several solutions to a number of controversial issues with strict reference to two aspects: appointing and revoking the legal entity administrator. Can the administrator be any entity with a legal personality or just a trade company? Is the administrator subject to legal requirements of good repute, characteristic to a representative natural person? Can the legal person fulfill the president position in a collective administrative body? Can he be revoked ad nutum? Regarding the administrator legal person representative, may the company revoke the administrator, on its own? There are several questions outlining the juridical status of the administrator legal person, and to which the paper tries to find answers, introducing some jurisprudence solutions, comparative law issues and controversial doctrinal views.

  6. Aspects of Inspection Planning

    DEFF Research Database (Denmark)

    Faber, M. H.; Sørensen, John Dalsgaard

    2000-01-01

    framework for updating of the reliability of components and systems on the basis of inspection results is outlined. Systems representative for inspection planning of different engineering systems subjected to typical deterioration processes are presented. Numerical simulation studies are performed......Inspection planning for systems is considered with special emphasis to the effect of the quality of inspections on the system reliability and the probability of repair. Inspection quality is described and discussed in terms of inspection reliability and inspection coverage where the latter is set...... in relation to the correlation between the failure modes of the considered system. The inspection planning problem is described in general terms taking basis in the Bayesian decision theory. Practical applicable approaches are derived from the more general but also more involving formulations. The theoretical...

  7. Aspects of Inspection Planning

    DEFF Research Database (Denmark)

    Faber, M. H.; Sørensen, John Dalsgaard

    2000-01-01

    Inspection planning for systems is considered with special emphasis to the effect of the quality of inspections on the system reliability and the probability of repair. Inspection quality is described and discussed in terms of inspection reliability and inspection coverage where the latter is set...... in relation to the correlation between the failure modes of the considered system. The inspection planning problem is described in general terms taking basis in the Bayesian decision theory. Practical applicable approaches are derived from the more general but also more involving formulations. The theoretical...... framework for updating of the reliability of components and systems on the basis of inspection results is outlined. Systems representative for inspection planning of different engineering systems subjected to typical deterioration processes are presented. Numerical simulation studies are performed...

  8. Legal Aspects of University Autonomy in Brazil

    Science.gov (United States)

    Ranieri, Nina Beatriz Stocco

    2009-01-01

    State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

  9. Legal Aspects of University Autonomy in Brazil

    Science.gov (United States)

    Ranieri, Nina Beatriz Stocco

    2009-01-01

    State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

  10. Legal aspects in implantable defibrillator extraction.

    Science.gov (United States)

    D'Ovidio, C; Costantini, S; Vellante, P; Carnevale, A

    2013-10-01

    At the Institute of Legal Medicine in Chieti, a case of iatrogenic superior vena cava perforation was observed during laser extraction of an infected biventricular implantable cardiac defibrillator. The presentation of this particular case represented a starting point for studying the occurrence of similar complications in literature, since their knowledge and understanding should induce resolution of any organisation problems, aid in increasing physicians' training and impose the availability of cardiac surgeons during such operations.

  11. [Legal aspects of psychiatry in Soviet legislation].

    Science.gov (United States)

    Babayan, E A

    1977-01-01

    The Author examines and describes in detail the normative and organizational aspects of forensic-psychiatric services in the URSS. Both criminal expert opinions and civil aspects are described. The problem of civil rights of mentally ill persons are discussed together with education and training of the experts employed in institutions and by the courts.

  12. Irrationality: psychological, ethical and legal aspects.

    Science.gov (United States)

    Dimitrov, A

    1999-01-01

    A definition and a concise classification of irrational mentality and behaviour is proposed in the paper. The basic goal is to reveal the psychological mechanisms of inducing irrational individual and group behaviour by certain social agents. An attempt is made to apply the methodology of self-organization theory to the analysis of psychic equilibrium. The inducing of irrational behaviour is qualified as a crime against the freedom of the individual. In view of its grave social consequences a plea for its serious legal treatment is made.

  13. Legal aspects of E-HEALTH.

    Science.gov (United States)

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  14. Legal aspects of rural tourism in Uruguay

    Directory of Open Access Journals (Sweden)

    Hugo Ferreira Arizaga

    2017-04-01

    Full Text Available Rural tourism is now a growing modality in Uruguay and in the world.In the national legal norm that regulates this activity is Decree 371/2002, which established the characterization of rural tourism and the conditions of their providers.According to this rural tourism it is developed outside urban centers, with personalized service and spacious; uses natural, cultural, heritage, housing and services of the rural areas, it contributes to local development resources, diversification and tourism competitiveness.We intend to analyze the regulatory framework of the activity, with special emphasis on the categorization of the establishments and the set obligations for providers of rural tourism services, the liability regime established in the Law on Tourism and the application

  15. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  16. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  17. Legal aspects of termination of employment.

    Science.gov (United States)

    Greenberg, R B

    1984-10-01

    Legal issues involved in termination of employment are identified, and practical implications of these issues for employers and employees are discussed. There is no general protection against arbitrary dismissal from employment in the United States. Federal statutes restricting termination at will are listed; each state also may have laws protecting employees from arbitrary dismissal. Cases in which state courts have established exceptions to the termination-at-will general rule are described; these suits have been based upon breach of contract, tort, or "public policy" exceptions such as refusing to commit an unlawful act, performing a public obligation or upholding the law, and whistle-blowing. Considering the evolving limits on the termination-at-will general rule, practical advice for employers and employees regarding documentation of interviews, content of appointment letters, and recognition of employee rights is presented. While the termination-at-will general rule appears to be eroding, there does not seem to be a clear trend against which to draw any general conclusions. The cases indicate that courts will find some theory to redress outrageous conduct or clear violations of an employer's policies.

  18. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  19. Ethics and medico legal aspects of "Not for Resuscitation"

    Directory of Open Access Journals (Sweden)

    Naveen Sulakshan Salins

    2010-01-01

    Full Text Available Not for resuscitation in India still remains an abstract concept with no clear guidelines or legal frame work. Cardiopulmonary resuscitation is a complex medical intervention which is often used inappropriately in hospitalized patients and usually guided by medical decision making rather than patient-directed choices. Patient autonomy still remains a weak concept and relatives are expected to make this big decision in a short time and at a time of great emotional distress. This article outlines concepts around ethics and medico legal aspects of not for resuscitation, especially in Indian setting.

  20. Legal and Practical Aspects in the Computer Science Investigation

    Directory of Open Access Journals (Sweden)

    Florin Cosmin Trandafir

    2011-06-01

    Full Text Available The present article makes a short introduction in the legal and practical aspects of the computer science investigation. It is well known the fact that a computer can represent an invaluable source of pieces of evidence, both in the civil cases as well as in the criminal ones because it contains data regarding the activities carried out by the suspect with the help of the IT equipment.

  1. [Mandatory or voluntary vaccinations? Juridical and medico-legal aspects].

    Science.gov (United States)

    Molendini, L O; Zanetti, A; Buzzi, F

    2003-01-01

    The Italian juridical and legislative aspects of vaccination based on a compulsory system are presented considering the medico-legal questions. The prospective of a voluntary system, as anticipated by many normatives and other official documents, is examined. The experience of some local health authorities on cases of in observance of the vaccinal obligation are detailed Finally professional risks for vaccinal operators are examined and the need of specific guidelines for parents' consent to compulsory vaccination during infancy is prospected.

  2. Medico-legal aspects of vertical root fractures in root filled teeth

    DEFF Research Database (Denmark)

    Rosen, E; Tsesis, I; Tamse, A

    2012-01-01

    To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT).......To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT)....

  3. ORGANIZATIONAL, LEGAL AND TECHNOLOGICAL ASPECTS OF HEALTH INFORMATION EXCHANGE

    Directory of Open Access Journals (Sweden)

    N. A. Karasev

    2017-01-01

    Full Text Available The article discusses organizational and legal aspects of electronic health information exchange in developed countries, particularly, introduction of electronic medical records in the United States and Europe, as well as topical issues related to standardization of information technologies in health care. We briefly describe the most popular standards used in e-medicine, such as Digital Imaging and Communications in Medicine (DICOM, openEHR and HL7. The questions of syntactic and semantic interoperability in the exchange of electronic medical records and some aspects of the digital signature use are also considered. We suggest mechanisms for implementation of electronic document management and sharing of digital medical information, as one of the most important directions of information technologies in health care. It is noted that today, the main limiting factor in providing the digital exchange of health information in Russian Federation is unresolved legal issues, i.e. the absence of a legal framework of electronic medical records share. At the same time, the level of IT development in our country is quite sufficient to meet current challenges. It is stated that, despite the unresolved number of problems (for example, completeness of medical data on a patient, given to relatives in critical situations, the adoption of a single electronic card is able to bring medical care to a new level, especially in emergency and urgent medicine.

  4. Topical legal aspects of corruption counteraction in public procurement

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Zemlin

    2015-03-01

    Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

  5. Organizational and legal aspects of regional transport cluster forming

    Directory of Open Access Journals (Sweden)

    V.V. Lyfar

    2014-06-01

    Full Text Available The aim of the article. The objective of the work is to define the organizational and legal aspects of transport cluster forming transport, in particular its maintenance, form and intercommunications of participants. The results of the analysis. In the article on the basis of comparative analysis of determination of clusters and interpretation of their essence by other scientists, authorial determination of transport cluster is given, its maintenance, structure and legal form, are also determined. In basis of transport cluster the forming of transport-logistic system lies, and the center of such cluster can be a transport-logistic center. The legal framework of creation of cluster can be an agreement about joint activity. At the same time a cluster can have organizational and legal registration as a contractual association of legal entities with preservation of their self-dependence and independence. Management of transport cluster forming must take place at the level of regional state administration on condition of support of branch organs of management and have a complex character. The offered structure of transport cluster includes three basic blocks: business, science, power. Between the blocks of cluster the high degree of co-ordination must be attained. The center of cluster mostly is formed by the few powerful transport companies of region, which constitute the «kernel». Round this kernel the significant amount of small and middle firms which also co-operate and compete between each other is concentrated. The enterprises of region or regions, uniting in a cluster, obtain the possibility to defend their interests more effectively at the level of local authorities and local self-government, and also to participate in the large investment projects. Ultimately transport cluster is determined as an integration form of menage which will allow uniting transport organizations and pointing all resources at development of a transport and logistic

  6. [Food supplements : Legal requirements, borderline issues and other aspects].

    Science.gov (United States)

    Noble, Pia

    2017-03-01

    Food supplements are classified as foods. They are concentrated sources of vitamins and minerals or other substances with a nutritional or physiological effect. Their purpose is to supplement the normal diet. Food supplements have to comply with the applicable legal provisions of the food law. In order to ensure the health protection of consumers, food supplements that will be put on the market must be safe. For food supplements, regulations exist at the EU level as well as at the national level. Specific requirements are regulated in the Ordinance on Food Supplements, with which the European Directive on Food Supplements was transposed into German law. The European and German legal provisions applicable to food supplements are outlined. Important aspects regarding the delimitation between food supplements and medicinal products are addressed. These borderline issues are of special importance to food supplements which are marketed in dose forms such as capsules, tablets etc., the typical forms of medicinal products. Problems resulting from the lack of harmonized rules are described. The European harmonization of the rules is still incomplete for substances with a nutritional or physiological effect other than vitamins and minerals for use in food supplements. The setting of maximum amounts of vitamins and minerals present in food supplements as envisaged in the Directive on Food Supplements has not yet been implemented.

  7. Historical and medico-legal aspects of infanticide: an overview.

    Science.gov (United States)

    Sharma, B R

    2006-04-01

    In practice, all cases of abandoned newborn deaths are reported to the police/coroner, who asks for a post-mortem examination because only this can establish the viability of the infant, proof of separate existence, and the cause and manner of death in such cases. The pathologist who conducts the autopsy will have to use his skills and experience to assess a wide variety of marks and injuries so as to give his opinion fairly and frankly, not allowing any personal feelings to influence his findings. In some cases, he may be unable to give a firm opinion and should not shirk from stating this clearly. This paper examines some historical, legal and pathological aspects of infanticide.

  8. [Triploid cloned human embryos: ethical, social, and legal aspects].

    Science.gov (United States)

    Bellver Capella, Vicente

    2012-01-01

    This work attempts to place the experiment within the scientific and social framework of pluripotent-stem-cell research and offer reflections of an ethical and (to a lesser extent) legal nature on the results obtained by this research group. To these ends, the work is divided into two parts. The first part describes the most important aspects of Noggle and Egli's announcement and the biotechnological and media context in which it was made. The second part is concerned with the bioethical issues raised by the experiment. There are basically four issues, which relate to: (1) the nuclear transfer technique, (2) the use of human ovules to carry out the experiment, (3) the destruction of human blastocysts, and (4) the ethical requirements of scientific publications.

  9. Computational Aspects of Reordering Plans

    CERN Document Server

    Backstrom, C

    2011-01-01

    This article studies the problem of modifying the action ordering of a plan in order to optimise the plan according to various criteria. One of these criteria is to make a plan less constrained and the other is to minimize its parallel execution time. Three candidate definitions are proposed for the first of these criteria, constituting a sequence of increasing optimality guarantees. Two of these are based on deordering plans, which means that ordering relations may only be removed, not added, while the third one uses reordering, where arbitrary modifications to the ordering are allowed. It is shown that only the weakest one of the three criteria is tractable to achieve, the other two being NP-hard and even difficult to approximate. Similarly, optimising the parallel execution time of a plan is studied both for deordering and reordering of plans. In the general case, both of these computations are NP-hard. However, it is shown that optimal deorderings can be computed in polynomial time for a class of planning...

  10. Nuclear power sources in outer space. [spacecraft propulsion legal aspects

    Science.gov (United States)

    Hosenball, S. N.

    1978-01-01

    Legal problems associated with nuclear power sources in space are discussed with particular reference to the Cosmos 954 incident. Deliberations of the Legal and Scientific and Technical Subcommittees on the Peaceful Uses of Outer Space on this subject are discussed.

  11. Animal poisoning - veterinary-medical and criminal-legal aspects

    Directory of Open Access Journals (Sweden)

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

  12. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

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

  13. Legal aspects of the utilization of geothermal heat

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    1976-02-01

    At present, there are still no special legal regulations by the Bund or the Laender. For exploration, prospecting and mining there are only the mining laws and the law issued by the Laender pertaining to water supplies and water-ways, both of which also apply to all other 'minerals'. In contrast, Iceland, New Zealand and the USA have special legal provisions.

  14. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

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

  15. Legal aspects of public health: difficulties in controlling vector-borne and zoonotic diseases in Brazil.

    Science.gov (United States)

    Mendes, Marcílio S; de Moraes, Josué

    2014-11-01

    In recent years, vector-borne and zoonotic diseases have become a major challenge for public health. Dengue fever and leptospirosis are the most important communicable diseases in Brazil based on their prevalence and the healthy life years lost from disability. The primary strategy for preventing human exposure to these diseases is effective insect and rodent control in and around the home. However, health authorities have difficulties in controlling vector-borne and zoonotic diseases because residents often refuse access to their homes. This study discusses aspects related to the activities performed by Brazilian health authorities to combat vector-borne and zoonotic diseases, particularly difficulties in relation to the legal aspect, which often impede the quick and effective actions of these professionals. How might it be possible to reconcile the need to preserve public health and the rule on the inviolability of the home, especially in the case of abandoned properties or illegal residents and the refusal of residents to allow the health authority access? Do residents have the right to hinder the performance of health workers even in the face of a significant and visible focus of disease transmission? This paper argues that a comprehensive legal plan aimed at the control of invasive vector-borne and zoonotic diseases including synanthropic animals of public health importance should be considered. In addition, this paper aims to bridge the gap between lawyers and public health professionals and to facilitate communication between them.

  16. Legal and regulatory aspects of prescribing and marketing emergency contraception in Nigeria.

    Science.gov (United States)

    Adekunle, A O; Babarinsa, I A; Akinyemi, Z; Okediran, A Y

    2001-01-01

    Emergency contraception remains so little used or understood and the lack of its awareness can be traced to a myriad of factors including legal and regulatory obstacles. The aim of this study was to determine the legal and regulatory aspects of dispensing or marketing a contraceptive method for reasons (especially emergency purposes) other than stated by the manufacturers. The existing drugs' and devices' regulatory systems in Nigeria, especially those governing family planning methods, were reviewed. A questionnaire was administered to 363 health workers, comprising of physicians, pharmacists, nurses and midwives, to determine the implications of dispensing some currently available oral contraceptives (OCs) for emergency purposes despite the fact that there is no explicit description of emergency use in the labelling of such drugs. In addition, in-depth interviews were conducted with regulatory bodies. It was observed that, with the exception of Postinor, the drug manufacturers' leaflets did not indicate that they could be used for emergency contraceptive purposes. Although 64.5% of the healthcare providers were aware that OCs and intrauterine contraceptive devices (IUCDs) can be used for emergency purposes, 42.1% actually prescribed or recommended them. Many health workers (62.3%) were unaware of any legal implication with regards to prescribing unregistered drugs in Nigeria. The existing guidelines stipulate that a manufacturer or marketer should 're-register' a product if a new indication or use not contained in the initial application was found later. To satisfy legal requirements, it does appear that the currently available OCs and IUCDs in Nigeria must be labelled and registered for emergency contraceptive purposes.

  17. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

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

  18. Legal aspects of business development and innovation in Poland

    Directory of Open Access Journals (Sweden)

    Dariusz Grzegorz Żak

    2013-06-01

    Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

  19. Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

    DEFF Research Database (Denmark)

    Givol, Navot; Rosen, Eyal; Bjørndal, Lars;

    2011-01-01

    The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication....

  20. Legal aspects of Russian political agency in the emirate of Bukhara (cross over review)

    OpenAIRE

    KLICHEV OYBEK ABDURASULOVICH

    2016-01-01

    In article the agency in Bukhara is considered questions legal aspects Russian political. Including in article are studied question are connected with appointment of political agents and their office problems

  1. [Legal aspects of post-mortem radiology in the Netherlands

    NARCIS (Netherlands)

    Venderink, W.; Dute, J.C.

    2016-01-01

    In the Netherlands, the application of post-mortem radiology (virtual autopsy) is on the rise. Contrary to conventional autopsy, with post-mortem radiology the body remains intact. There is uncertainty concerning the legal admissibility of post-mortem radiology, since the Dutch Corpse Disposal Act

  2. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . The legal framework entails examination of; the agency’s stakeholders and the relationships that exist amongst them, the privacy and intellectual property rights that exist around the language resources offered by the agency, and the external (e.g. laws...

  3. Legal, economic and cultural aspects of file sharing

    NARCIS (Netherlands)

    van Eijk, N.; Poort, J.P.; Rutten, P.

    2010-01-01

    This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the lon

  4. Some legal aspects of BIM in establishing a collaborative relationship

    NARCIS (Netherlands)

    Chao-Duivis, M.A.B.

    2011-01-01

    Working with BIM will have legal consequences. In the Netherlands these consequences are feared by some and seen as an obstacle to wide spread use of BIM techniques. Unnecessarily so. In the paper it will be shown that according to Dutch law liability issues nor copyright issues nor issues of procur

  5. Some legal aspects of BIM in establishing a collaborative relationship

    NARCIS (Netherlands)

    Chao-Duivis, M.A.B.

    2011-01-01

    Working with BIM will have legal consequences. In the Netherlands these consequences are feared by some and seen as an obstacle to wide spread use of BIM techniques. Unnecessarily so. In the paper it will be shown that according to Dutch law liability issues nor copyright issues nor issues of

  6. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  7. Drug testing for multiemployer plans: choosing the proper legal structure.

    Science.gov (United States)

    Barlament, John L

    2004-03-01

    If drug testing of employees in a multiemployer fund must be performed, how should it be funded? This article illustrates the legal issues associated with several entities often used to fund a drug-testing program, such as health and welfare funds, apprenticeship and training funds, and labor-management cooperation committees. Without such a structure, the plan administrator and others could face unnecessary risks.

  8. ASPECTS ON THE INTERNATIONAL LEGAL PERSONALITY OF INTERNATIONAL ORGANIZATIONS

    Directory of Open Access Journals (Sweden)

    NICOLAE PURDA

    2012-05-01

    Full Text Available An international organization is an association of states, holder of rights and duties which it acquires by the will of the founding states and which acts as an entity which is distinct and independent from the states that form it. The constituent instrument of the organization proclaims the establishment of such, as well as its character of being a subject of international law, but at the same time it delimitates the domain in which the international legal personality can manifest and also the content of its capacity.

  9. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  10. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  11. [Intracerebral aneurysm--treatment options, informed consent, and legal aspects].

    Science.gov (United States)

    Burkhardt, Jan-Karl; Burkhardt, Werner Friedrich; Zinn, Pascal Olivier; Bozinov, Oliver; Bertalanffy, Helmut

    2011-01-01

    All medical subspecialties and, in particular, high-tech field neurosurgery are subject to continuous change in therapeutic concepts due to novel treatment options emerging through research and evolution in the field. Hence, the question arises if the patient's informed consent needs to be adjusted in the face of multiple therapeutic options with different configurations of risk/benefit relationships. In this paper we discuss different therapeutic scenarios with regard to ruptured intracerebral aneurysms (RIA) and unruptured intracerebral aneurysms (UIA), and we advise the medical doctor involved in the process. Indeed, experienced neurosurgeons and endovascular interventionalists are very familiar with the management of these scenarios; likewise, interns, residents, and otherwise affiliated physicians may be faced with these situations. In general, asymptomatic and mentally capacitated patients as well as legal guardians of minor patients and of mentally incapacitated patients with incidental aneurysms and more than one therapeutic option need to be accurately informed about the advantages and disadvantages of the treatment options available to them. In case of emergency or when treating a mentally disabled patient who is incapable of making a sound judgment and has no legal guardian, the attending doctor will have to choose the best possible treatment option. Copyright © 2010. Published by Elsevier GmbH.

  12. Corneal Transplants - an overview with an emphasis on legal aspects and current scenario in Mauritius

    Directory of Open Access Journals (Sweden)

    Dr. Arun Kumar Agnihotri

    2007-07-01

    Full Text Available A healthy cornea is an essential component of clear vision. Any condition that distorts the clarity of the cornea to a greater extent has to be treated by keratoplasty. This article discusses by large about the various aspects of corneal transplants like modes of storage and their legal aspects with an emphasis on the scenario in Mauritius.

  13. Multinational repositories: Ethical, legal and political/public aspects

    Energy Technology Data Exchange (ETDEWEB)

    Boutellier, C. [ARiUS - Association for Regional and International Underground Storage, Tafernstrasse 11, CH-5405 Baden, Dattwil (Switzerland)]. E-mail: Christine.Boutellier@arius-world.org; McCombie, C. [ARiUS - Association for Regional and International Underground Storage, Tafernstrasse 11, CH-5405 Baden, Dattwil (Switzerland)]. E-mail: Charles.McCombie@arius-world.org; Mele, I. [ARAO - Agency for Radwaste Management, Parmova 53, SI-1000 Ljubljana (Slovenia)]. E-mail: irena.mele@gov.si

    2006-07-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  14. Aspects of legal communitarianism in Greece: between Millet and citizenship

    Directory of Open Access Journals (Sweden)

    Konstantinos Tsitselikis

    2012-12-01

    Full Text Available Legal and political percepts pertaining to ethnic belonging in Greece are closely linked to the ideological understanding of Greekness, a legacy of the Ottoman Greek-Orthodox millet system. Complementary to this image of the national self, minority protection law on Muslims and Jews was and still is partially formed through millet-like paradigms. Greece’s territorial expansion made all inhabitants of the annexed provinces Greek citizens en masse: in addition to those that were deemed eligible to belong to the Greek nation, Jewish and Muslim communities also acquired Greek citizenship. For these communities the self-autonomy of the Ottoman millet structure in education and religious matters was transformed into minority protection, through special rights (community schools, Moufti’s jurisdiction, Muslim foundations, military conscription attributable through religion to citizens of the state. En Grecia, la interpretación ideológica del carácter griego está estrechamente relacionada con los preceptos legales y políticos relativos a la pertenencia étnica, legado del sistema millet otomano griego-ortodoxo. Como complemento a esta percepción de la identidad nacional, la ley de protección de las minorías musulmanas y judías estuvo, y todavía está parcialmente formada por paradigmas milletianos. La expansión territorial de Grecia convirtió de forma masiva a los habitantes de las provincias anexadas en ciudadanos griegos: entre los que se consideró que reunían los requisitos necesarios para pertenecer a la nación griega, se encontraban las comunidades judías y musulmanas. En ambos casos, la autonomía en temas de educación y religión que disfrutaban dentro de la estructura milletiana de los otomanos, se transformó en protección minoritaria, a través de derechos especiales (escuelas de la comunidad, jurisdicción Moufti, fundaciones musulmanas, el reclutamiento militar atribuibles a los ciudadanos del estado a través de la

  15. Legal and ethical aspects of organ donation and transplantation

    Directory of Open Access Journals (Sweden)

    Sunil Shroff

    2009-01-01

    Full Text Available The legislation called the Transplantation of Human Organ Act (THO was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on

  16. Legal and ethical aspects of organ donation and transplantation.

    Science.gov (United States)

    Shroff, Sunil

    2009-07-01

    The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the

  17. Legal and regulatory aspects of genetically engineered animals.

    Science.gov (United States)

    Jones, D D

    1986-01-01

    The commercialization of genetically engineered food animals will pose a number of legal and regulatory questions. These may be grouped into questions of process and questions of products. The process of animal genetic engineering with artificially constructed vectors will probably be regulated in much the same manner as other veterinary procedures. There may be some discussion, however, as to whether animal drug or animal biologic regulations are more applicable. The products of animal genetic engineering, i.e., transgenic food animals and food products made from them, also raise important questions about product safety and identity. These include whether and how genetically engineered food animals will be subject to federal inspection for wholesomeness, whether artificial vectors, foreign genes, or gene products will adulterate recipient animal tissues, and how food products made from such animals will be labeled. Prior federal experience with the inspection of interspecific hybrids of cattle and buffalo provides a useful basis for further policy developments in the inspection and labeling of genetically engineered food animals. In particular, the inspection of cattle/buffalo hybrids has established a phenotypic (based on appearance) criterion for deciding how novel food animals should be inspected. As the genetic engineering of food animals on a production basis draws nearer, it may be necessary to supplement the phenotypic criterion with genetic (based on pedigree) criteria to assure that the essential characteristics of animals slaughtered under current food statutes are maintained.

  18. Legal aspects of the EU policy on irregular immigration

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-12-01

    Full Text Available This article addresses the issues pertaining to the adoption and development of legislation on irregular migration in the context of uncontrolled growth in the number of immigrants from North Africa and the Middle East to the EU. The article attempts at studying the EU legislation on irregular migration, classifying it, and analysing the prospects of EU migration legislation in the light of an increase in irregular immigration into the EU. The author systematises, classifies the current EU legislation on irregular immigration, and analyses the conditions, in which this legislation was developed. Using the legislation analysis method, the author proposes the following system of EU legislation on irregular immigration: rules preventing assistance to irregular immigration, rules preventing employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration to the EU, which was dubbed the ‘greatest migration crisis in Europe’. The conclusion is that the European Union succeeded in the development of pioneering legislation on irregular immigration, which can serve as the basis for reception by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration.

  19. Legal-Civil aspect of types of Immaterial Damage

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Rrustem Qehaja

    2013-12-01

    Full Text Available Causing of damage is accompanied with causing of responsibility for its compensation. Human being in the daily life is often threatened by various risks which along with the causing of bodily injuries in some cases may bring also causes of death. From the legal doctrine, in Kosovo and in the region, related to nomination of material and immaterial damage, in addition there may also be found other nominations including the property damage and non-property damage or as differently called moral damage[1], but the basic distinction in this division stands at its compensation. Subject of analysis of this work shall be focused with particular emphasis in Kosovo with some superficial comparisons to the neighbour countries. The only formula of indemnification for the immaterial damage according to insurance coverage remains the satisfaction[2] expressed in monetary value which according to LMTPI[3] and the Directive of the Council of European Parliament underwent positive amendments in viewpoint of increase of amounts of insurance.[4] In context of this work, only some types of immaterial damage shall be reviewed, including: -          Damage in form of physical distress, -          Damage in form of fear and -          Damage in form of spiritual distress because of reduction of life activities.

  20. The Central Bank and the State Budget: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-09-01

    Full Text Available The Polish Central Bank (National Bank of Poland – NBP performs mainly macro-economic tasks, for maintaining price levels. This Bank is not focused on tasks aimed at the interests of the State Budget. The Central Bank has a lot of power in the creation of money. It seems, there is possible to create the budgetary revenues, which are connected with the emission of money. In particular, the income from emission of coins may be determined as the budget revenue. The connection the Treasury with the Central Bank results from the historical evolution of the origin and role of the Central Bank. It is reasonable to increase the role of the treasury securities in the Central Bank activity. The Treasury Bills should be used in the open market policy leading by the Central Bank. There is the issue of changing of the Constitution of the Republic Poland in the field of limit of the public debt (60% of GDP. It seems, the Polish Constitution should not be the only constitution in the world that introduced such a limit. This limit, and the limit on annual budgetary deficit, introduces EU law. That is a sufficient legal limit.

  1. Economic and Legal Aspects of the Regulation of Population Migration

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Luzina

    2016-12-01

    Full Text Available The article is devoted to a current problem of regional development, such as the regulation of labour migration. In the article, the causes of the inefficient use of labour resources are identified and the solutions to reduce tension in the labour market both at the state level and at the level of an individual employee are proposed. The formal rules and informal constraints that have a significant impact on migration are allocated. The institutional support for the regulation of migration in Russia is considered. At the level of the entities of the Russian Federation, the analysis of migration flows for the period from 2012 to 2014 is carried out; the entities of the Russian Federation are grouped according to the degree of the influence of the indicators of the natural movement and the migration of population as well as to the qualification structure of migrants (professional education, age structure. The basic imbalances in the labour market in the entities of the Russian Federation are revealed. The authors have proposed a model for assessing the attractiveness of workplaces based on the objective indicators of the development of Russian regions presented in the statistical report of Federal State Statistics Service. A feature of the model is the ability to determine the main factors influencing the attraction of labour resources to the region. The methodological tools of the research include the mathematical methods of processing statistical data. Testing of the model is conducted for the Federal districts of the Russian Federation. According to the developed model, the coefficient of the attractiveness of a workplace in 2010 and 2014 for all Federal districts of the Russian Federation is calculated. In the article, the legal framework regulating the flow of the human capital is also analysed. The assessment of the implementation of the state program of support for the resettlement in the Russian Federation of compatriots residing abroad is

  2. Management of biogas projects. Legal, technical and economic aspects; Management von Biogas-Projekten. Rechtliche, technische und wirtschaftliche Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Boettcher, Joerg (ed.)

    2013-08-01

    Which requirements must be met in order to implement a biogas projects successfully? Legal enforceability and reliability of contracts as well as technical reliability are prerequisites for a successful financial and economic viability. Under this aspect, the book under consideration offers the first comprehensive overview of the technical, legal and economic aspects of biogas projects. Renowned experts from research and practice consider various aspects.

  3. LEGAL ASPECTS OF DIRECT-TO-CONSUMER GENETIC TESTS.

    Directory of Open Access Journals (Sweden)

    Mariela Yaneva – Deliverska

    2011-06-01

    Full Text Available Genetic testing is a type of medical test that identifies changes in chromosomes, genes, or proteins. Most of the time, testing is used to find changes that are associated with inherited disorders. The results of a genetic test can confirm or rule out a suspected genetic condition or help determine a person’s chance of developing or passing on a genetic disorder. The main difference between direct-to-consumer genetic testing and the standard genetic testing is the way informational support is provided in internet offers of testing. Counselling may be offered as an additional special service at extra costs and at the customer's request. It may also be that a recommendation or at least an offer is given for the customer to contact a doctor or health practitioner from the company via phone for counselling.In a liberal society the fundamental individual rights can be considered to include access to medical treatment and diagnostics that may be helpful for improving one's health condition or that can help an individual make decisions regarding life style and health. At the European level, there are no binding legal regulations that specifically apply for genetic testing. In some European counties, national laws, require a responsible medical person to be involved before a genetic test is provided. The Convention on Human Rights and Biomedicine was adopted by the Committee of Ministers on 19 November 1996, while an Additional Protocol to the Convention, concerning Genetic Testing for Health Purposes, was adopted by the Committee of Ministers on 7 May 2008.Direct-to-consumer genetic testing is closely watched by the community of medical genetics and counsellors, and the EU funded Eurogentest Network of Excellence.In 2010, the European Society of Human Genetics has releaseda statement on direct-to-consumer gene testing for health-related purposes. The European Society of Human Genetics is concerned about the way in which commercial companies are

  4. La traduction juridique et son enseignment: aspects theoriques et pratiques (Legal Translation and Its Teaching: Theoretical and Practical Aspects).

    Science.gov (United States)

    Gemar, Jean-Claude

    1979-01-01

    Examines the constraining nature of legal language, legal terminology, the differences among legal systems, problems of documentation, and an interdisciplinary approach to legal translation, and their relationship to the teaching of legal translation. (AM)

  5. ASPECTS REGARDING THE TERMINATION OF THE LEGAL EFFECTS OF NORMATIVE ADMINISTRATIVE ACTS

    Directory of Open Access Journals (Sweden)

    Dan Constantin MÂȚĂ

    2017-05-01

    Full Text Available The final cessation of the legal effects of administrative acts can be achieved by annulment and revocation. Both are legal operations that lead to the termination of legal effects of administrative acts. A controversial issue is the one regarding the authorities that may exercise the right of revocation and annulment of an administrative act. As concerns normative administrative acts, the specific manner of termination of enforcement of such acts is to repeal them. On the relationship between repeal on the one hand and cancellation and revocation on the other hand, various contradictory opinions were voiced in the legal doctrine. An aspect with important implications in the administrative practice is the one concerning the possibility of invalidating a normative administrative act before its entering into force. Finally, the article deals with the notion of non-existent administrative acts, which has become a constitutional institution as concerns administrative normative acts.

  6. NOx Emission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

    Directory of Open Access Journals (Sweden)

    Chris P.A. Dekkers

    2001-01-01

    Full Text Available Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOX and other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOX and other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOX emission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

  7. Doctoral Studies in Romania: Admission Procedures, Social, and Legal Aspects of Doctoral Training

    Science.gov (United States)

    Miclea, Mircea

    2008-01-01

    This contribution presents a concise and up-to-date report of doctoral studies in Romania, with a special emphasis on legal and social aspects. The author also argues that in order to be sustainable, the reform of doctoral studies should be substantiated by the differentiation of universities, reliable post-doctoral programmes, and a substantive…

  8. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    This perspective article, which has is cuyrrently undergoing peer review by the medical journal “Personalized Medicine”, deals with the legal aspects of biobanking and points towards the concerns, interest, and choices that should be considered when establishing and operating a biobank. It focuses...... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  9. Legal Aspects Connected to the Use of BIM in the Danish Building Sector

    DEFF Research Database (Denmark)

    Faber, Lene; Svidt, Kjeld; Wandahl, Søren

    2016-01-01

    Sector in the existing legislation as well as in the existing contractual terms. There is legal uncertainty connected to the use of BIM. There is no legal practice in the BIM area that refrains the contractors from achieving a maximum of advantage using BIM. BIM gives rise to interpreting the legislation......In 2013, the Danish government implemented a declaration for the use of information and communication technology in governmental buildings (ICTdeclaration). This has led to an increasing number of building projects using building information modeling (BIM) with potentially better productivity...... and quality. In spite of documented advantages from using BIM, this case study shows that the possibility of delivering added value using BIM is a challenge because of several legal aspects. The existing laws are individualistic, and the BIM line of thinking is collectivistic. Therefore, BIM gives some matter...

  10. The legal nature of the Agency for the Fight Against Corruption: Constitutional-legal, administrative-legal and comparative-legal aspects

    Directory of Open Access Journals (Sweden)

    Martinović Aleksandar

    2012-01-01

    Full Text Available In the Republic of Serbia there are many agencies whose legal nature are different, in some cases even quite vague and confusing. In addition to the so-called. public agencies, as dependent administrative bodies, agencies as special organizations and agencies as public services, in our legal system since 2008. there is also the agency for the fight against corruption as 'an autonomous and independent state authority'. Since the Constitution of the Republic of Serbia does not recognize the agency as 'an autonomous and independent state authority', its existence is, at the very least, extra-constitutional, if not unconstitutional. The experience of some European countries in the fight against corruption shows that in this struggle may participate the specialized state institutions, founded by the parliament or the government, with a greater or lesser degree of autonomy in their work The Republic of Serbia is one of those countries, in which besides the 'classical' state authorities in the fight against corruption, participates the Agency for the fight against corruption, a government body that has a mixed legal nature.

  11. MAIN ORGANIZATIONAL AND LEGAL ASPECTS OF PUBLIC PROCUREMENT IN CONSTRUCTION SPHERE IN RUSSIA AND ABROAD

    Directory of Open Access Journals (Sweden)

    Starkova N. O.

    2014-12-01

    Full Text Available Current state of domestic construction industry and especially system of orders for implementation of construction works at the expense of budget funds in the Russian Federation has been evaluated in the article. Organizational and legal aspects of implementation of public procurement in the world have been researched. Main Russian and foreign legislation governing rules and descriptions of competitive mechanism of public procurement have been characterized and estimated.

  12. 25 CFR 87.9 - Programming aspects of plans.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Programming aspects of plans. 87.9 Section 87.9 Indians... JUDGMENT FUNDS § 87.9 Programming aspects of plans. In assessing any tribal programming proposal the... such reservation residents; the nature of recent programming affecting the subject tribe or group...

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

    Science.gov (United States)

    Kórász, Krisztián

    2015-07-26

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

  14. EU and Ukraine Cooperation for Sustainable Environment: Historical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Rinata Kazak

    2014-10-01

    Full Text Available The article discusses various aspects of the legal maintaining of environmental sustainability. Ukraine as one of the largest countries in Europe with more, than 40 million population causes a huge effect on the environmental situation in Europe. Through the historical research the author highlights the 60 – 70th of the XX century as an active period of international cooperation between the EU and Ukraine. The evidence of this activity was the complex Soviet Ukraine Act on nature protection 1960 and Government Committee for Nature Protection established in 1968 with competence of cooperation with European Community environmental authorities. Within a few years, many countries filled the gap and made a great step towards sustainable development, declared by the Stockholm Conference (1972 and First Environmental Action Programme in Europe (1973. The author draws the parallel between the Ukrainian and EU legal bases. Modern Ukraine tends to the association with the EU, so this research of a big importance has theoretical and practical value for Ukraine.Keywords: EU and Ukraine cooperation, environmental sustainability, historical and legal aspects.

  15. Aspects pertaining to the legal regime of Presidential decrees in Romania

    Directory of Open Access Journals (Sweden)

    Camelia Florentina STOICA

    2014-12-01

    Full Text Available The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees – we refer, in this context, to the extension of the control carried out by courts. The conclusions of the study reveal the importance of addressing and establishing the relations between public authorities, inclusively with regard to the substantiation, issuance and implementation of presidential decrees, in relation to the principle of constitutional loyalty.

  16. Study of Night Ventilation Efficiency in Urban Environment: Technical and Legal Aspects

    Science.gov (United States)

    Maragogiannis, Konstantinos; Kolokotsa, Dionysia; Maria, Efpraxia-Aithra

    2011-01-01

    Night Ventilation is a critical technique of passive cooling, as it combines a significant decrease of cooling demand and improvement of thermal comfort and indoor air quality. The aim of the present paper is to study the technical and legal aspects of night ventilation in urban climatic conditions. The technical part examines the efficiency of night ventilation techniques for urban residential buildings. Moreover, the influence of urban heat island on the night ventilation effectiveness is studied. Urban heat provokes the degradation of urban air quality and causes changes in the urban area microclimate which reduce the night ventilation effectiveness as a passive cooling technique. Moreover, this paper studies the legal framework of energy efficiency in buildings and pinpoints the institutional deficiencies of the existing regulation regarding energy efficiency and passive cooling techniques

  17. Chlamydia trachomatis infections in eastern Europe: legal aspects, epidemiology, diagnosis, and treatment

    Science.gov (United States)

    Domeika, M; Hallen, A; Karabanov, L; Chudomirova, K; Gruber, F; Unzeitig, V; Poder, A; Deak, J; Jakobsone, I; Lapinskaite, G; Dajek, Z; Akovbian, V; Gomberg, M; Khryanin, A; Savitcheva, A; Takac, I; Glazkova, L; Vinograd, N; Nedeljkovic, M

    2002-01-01

    Objectives: Knowledge concerning genital Chlamydia trachomatis infections in eastern Europe is scarce. Data on the legal aspects, epidemiology, diagnosis, and treatment of the infection have never been collected, summarised, and presented to the international scientific community. The aim of this study was to present the current situation on the main aspects of chlamydial infections in the countries of eastern Europe. Methods: Written questionnaires concerning legal aspects, epidemiology, diagnosis, and treatment of the infection were distributed among national STI operating administrators as well as researchers who had presented papers at earlier meetings of European chlamydia or STI societies. Results: Most of the countries have not legalised reporting of chlamydial infections and in those who have done so, the quality of the reporting system is poor. Contact tracing is mostly done on a voluntary basis. Reported chlamydia incidence varies from 21 to 276 per 100 000 inhabitants. The most commonly used diagnostic test remains the direct immunofluorescence test; however, some tendencies towards nucleic acid amplification are in evidence. Diagnostic services are paid for by the patient himself, while treatment in many countries is partially or completely covered by public insurance. Conclusions: This is the first report summarising data concerning the situation on C trachomatis infections in eastern Europe. The reporting system and diagnosis of C trachomatis infections remain suboptimal, which allows neither control of the epidemiological situation nor optimal treatment of the patients. The most urgent work currently necessary is the education of professionals and the general population. PMID:12081171

  18. Legal Aspects with Regard to Mentally Ill Offenders in South Africa

    Directory of Open Access Journals (Sweden)

    Magdaleen Swanepoel

    2015-04-01

    Full Text Available The purpose of this note is to discuss legal aspects with regard to mentally ill offenders with specific reference to the defence raised as a result of mental illness. In order to fully understand this defence it is important to provide a clinical background on what forensic psychiatry is. It is also necessary to define certain clinical concepts such as the concept of mental illness, and the criteria for the classification of mental illnesses. This then leads to a discussion of the defence of mental illness. A conclusion is drawn at the end, with a summary of the findings.

  19. Structuring group medical practices: tax planning aspects.

    Science.gov (United States)

    Gassman, A S; Conetta, T F

    1992-01-01

    This article is the first in a series addressing the structuring of group medical practice entities, shareholder relationships, and general representation factors. In this article, a general background in federal tax planning is provided, including strategies for minimization of income tax payment and the potential problems that may be encountered when a group practice is not carefully structured.

  20. Health Care Professionals’ Knowledge and Attitudes About Sexually Transmitted Diseases and Legal Aspects of Medical Services

    Directory of Open Access Journals (Sweden)

    Akpak Yaşam Kemal

    2016-01-01

    Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.

  1. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  2. [Student tragedy. Forensic-psychiatric and legal medicine aspects of an unusual crime].

    Science.gov (United States)

    Cabanis, D; Bratzke, H

    1985-01-01

    The unusual circumstances of the violent killing of an 18-year-old girl by her 18.8-years-old schoolfriend led us to undertake a forensic-psychiatric analysis of the offence action as well as a presentation of legal-medical points of view. The crime, which can be classified as a collective lover crime for which there is no parallel in the literature, was only solved 9 months later when one of the two delinquents confessed a further offence. The killing was planned and prepared, the victim being buried hurriedly in a previously made hole in a wood after she had been strangled.

  3. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  4. Problem of long-datedness in banking crediting in Russia: legal aspect,

    Directory of Open Access Journals (Sweden)

    Ivan V. Makerov

    2016-03-01

    Full Text Available Objective to study the needs of economy in the longterm banking credit for capital renewal and in this regard to find in the current legislation the time frame of longdatedness in general and in particular time period of longterm banking credit relationships. Methods the work is based on the dialectical approach to cognition allowing to establish the diversity of longdated terms in the system of the current legislation by assessing the quantitative aspects to identify the components of a period of time comprehensively and objectively considered as longdated in bank crediting. The dialectical approach to cognition has determined the choice of specific research methods general scientific comparison description induction systemic approach and specific scientific analysis synthesis generalization methods. Results in the current legislation there is no clear definition of a longterm period of time. The concept used in the legislation characterizes different time periods. Also there is no generally accepted time period of longterm banking credit relationships as every legal act in crediting establishes its own time frame. Such situation of legal uncertainty of the timing of longterm bank crediting is an obstacle in enhancing the longterm component in bank crediting. In this regard to improve the legal regulation of longterm credit relationships it is essential to establish a unified period of longterm bank crediting. Scientific novelty for the first time the article describes and analyzes the current Russian legislation relating to longterm relationships and their timing as well as legal acts related to the activities of the banking sector which are determined by crediting terms depending on the situation and order of granting. Practical significance the main findings of the research can be used in scientific and theoretical activity in civil law when considering the timing of the relationships and their duration. They can be also used in the

  5. Basics of Swiss water levy politics - Legal aspects; Grundlagen Wasserzinspolitik. Rechtliche Ueberlegungen - Schlussbericht

    Energy Technology Data Exchange (ETDEWEB)

    Leimbacher, J.

    2008-10-15

    This comprehensive final report for the Swiss Federal Office of Energy (SFOE) takes a look at the legal aspects involved in setting up the basics for the definition of the interest to be levied on water commodities. This levy is raised in Switzerland on the use of water and represents the payment made to a commune for the use of its water resources. The original aims of the levy, to encourage the use of water resources, are noted. Limits on the height of the levy and the definition and adjustment of the maximum rate by government are discussed. Various legal aspects are examined and the fact that the levy must be economically reasonable and economically acceptable is discussed. Various pragmatic approaches to being able to adjust or index the levy are discussed. The introduction of an additional levy to cover the storage of water is discussed, as is the definition of the part use of the proceeds to provide funding for the high-voltage electricity grid, for example. The history of the levy and various political initiatives are noted and even the abolition of the levy is discussed.

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

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

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

  7. ANALYSIS OF LEGAL ASPECTS OF STORAGE OF MEDICAL PRODUCTS APPOINTED FOR MEDICAL AND SANITARY CONSEQUENCES OF EMERGENCIES MITIGATION

    Directory of Open Access Journals (Sweden)

    G. Ya. Ibragimova

    2015-01-01

    Full Text Available The article analyzes principal legal aspects of medical products storage, appointed for medical and sanitary consequences of emergencies mitigation. We have revealed that nowadays there is a whole range of legal gaps and uncertainties in the regulation of medical products storage. We have also offered the ways for their solution

  8. Personalized Medicine in a New Genomic Era: Ethical and Legal Aspects.

    Science.gov (United States)

    Shoaib, Maria; Rameez, Mansoor Ali Merchant; Hussain, Syed Ather; Madadin, Mohammed; Menezes, Ritesh G

    2016-11-28

    The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of 'personalized medicine' as an exciting new therapeutic science in this genomic era. Personalized medicine suggests a unique treatment strategy based on an individual's genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice.

  9. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    Science.gov (United States)

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs.

  10. Legal and economic aspects of deeper EU integration in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Martina Krásnická

    2013-01-01

    Full Text Available The deeper economic integration in form of fiscal union, bank union, or increased macroeconomic surveillance is for the Czech Republic not only the question of whether and when to enter the euro zone, but also whether and when to join the other institutes. The aim of this paper is to analyse the legal background of these instruments and estimate their possible economic impact. These hypotheses would be a subject of author’s further search. The future impact on enterprises in the Czech Republic is evident in some areas of the EU enhanced cooperation. Adoption of the euro is an example. Other aspects of deeper economic integration as for example the bank union do not impact the microsphere so obviously; however can significantly change the business environment in the country.

  11. Danger points, complications and medico-legal aspects in endoscopic sinus surgery

    Science.gov (United States)

    Hosemann, W.; Draf, C.

    2013-01-01

    Endoscopic endonasal sinus surgery represents the overall accepted type of surgical treatment for chronic rhinosinusitis. Notwithstanding raised and still evolving quality standards, surgeons performing routine endoscopic interventions are faced with minor complications in 5% and major complications in 0.5–1%. A comprehensive review on all minor and major complications of endoscopic surgery of the paranasal sinuses and also on the anterior skull base is presented listing the actual scientific literature. The pathogenesis, signs and symptoms of each complication are reviewed and therapeutic regimens are discussed in detail relating to actual publication references. Potential medico-legal aspects are explicated and recent algorithms of avoidance are mentioned taking into account options in surgical training and education. PMID:24403974

  12. French Current Plans for a National Space Legal Framework

    Science.gov (United States)

    Clerc, Philippe

    2002-01-01

    France bears the international obligation to authorise and supervise space activities under its jurisdiction and can be liable for damage caused by space objects launched from Kourou (French Guiana) and/or by companies registered in France. The current national framework for the activities carried by Arianespace, Starsem, Eutelsat and for the Ariane European launcher operated from the Guiana Space Centre (CSG) is adequately regulated on the basis of relevant programmatic, contractual and administrative legal regime. But in consequence of the liberalisation of the telecommunications market, of the privatisation of international organisations and State owned companies and of the increasing private demands to access CSG facilities, further regulations could be needed. In this context, the French Ministry of Research's Space Department has convened in 1999, during 2 years, more than 100 technical and legal experts organised in several working groups to propose an upgraded national legal framework for space activities. This constituted working groups dealt with: launching (to implement a licence procedure, considering the responsibility of France and international competition rules), earth observation (for licensing and data policy), telecommunications and navigation, and space objects property and security regime (linked to the registration convention and the Unidroit Space Protocol). Th report of this work named "Space Law Evolution in France Study" was presented to the Minister of Research by the beginnings of this year. The present author has driven the overall study on behalf of the French Research Ministry's Space Department. This paper presents the report's general content with following actions regarding the French national space legal framework.

  13. Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

    Directory of Open Access Journals (Sweden)

    Aurela Bozo

    2015-01-01

    Full Text Available The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

  14. Regulatory and legal aspects in industrial mining industries; Aspectos legais e regulatorios em empresas minero-industriais

    Energy Technology Data Exchange (ETDEWEB)

    Magalhaes, Maisa Haiidamus

    2016-07-01

    The regulation between the Brazilian Nuclear Energy Commission - CNEN performance and the mineral industries that produces NORM is presented. Besides the legal aspects, some comments from the point of view of the supervisory and licensing body about their performance in the radiation protection area are pointed out.

  15. Legislation of Urban Planning Public Policy from the Perspective of Legal Boundary: Enlightenment from the Evolution of Planning Laws

    Institute of Scientific and Technical Information of China (English)

    Lei; Cheng

    2015-01-01

    The transition of urban-rural planning to public policy has become a common recognition in the planning fi eld. The new challenge is how to combine such a transition with legislation development. This paper reviews the disciplinary development and legislation of urban-rural planning, and analyzes the effects of the public policy transition on law implementation and administrative power from the perspective of the legal boundary. It points out that the defi nition of the legal boundary of urban-rural planning laws is signifi cant for identifying the impact of public policy, ensuring the implementation of regulations on administrative power, and scoping effective urban-rural spaces. It argues that the core of public policy legalization is to establish value judgments for public policy making, to specify authorization and restraint to administrative power, and to reduce confl icts between public policies and governments’ administrative actions in urban-rural spaces. Furthermore, this paper discusses some other relevant issues on how to complete the public policy legalization.

  16. Equal Educational Opportunity in Special Education: Legal Mandates and Strategies for Planning, Chapter 766.

    Science.gov (United States)

    Lindahl, Marie

    The paper presents a history of the legal mandates (both legislative and judicial) for equal educational opportunity for linguistic and cultural minorities and describes the denial of this right in Massachusetts, as evidenced by overrepresentation of minorities in special education. Aspects of testing protocol, prereferral modification, and…

  17. 76 FR 30509 - Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts

    Science.gov (United States)

    2011-05-26

    ... Part 1653 Court Orders and Legal Processes Affecting Thrift Savings Plan Accounts AGENCY: Federal... amendment which subjects TSP accounts to orders issued pursuant to the Mandatory Victims Restitution Act... in which child support orders and MVRA orders are payable. The amendments clarify that these...

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

    Directory of Open Access Journals (Sweden)

    Veselinović Janko

    2014-01-01

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

  19. ['See and Treat' in the Emergency Department: legal aspects and professional nursing responsibility].

    Science.gov (United States)

    Radice, Cristiano; Ghinaglia, Monica; Doneda, Renzo; Bollini, Giovanna

    2013-01-01

    The article aim to analyze the legal aspects of professional responsibility in the autonomous nursing care of a patient with a minor health problem treated in a See and Treat area of the Emergency Department through a literature review and an analyses of the Italian legislation about professional exercise. Recent studies have shown that the treatment of the emergency patients affected by minor health problems in separated areas of the A&E by skilled nurses proved to be effective in reducing time to medical examination and the overall time spent in the Emergency Department. Several studies have shown the positive effects of the Emergency Nurse Practitioner (ENP) in terms of reduction of time to medical examination with an increase in patient satisfaction, maintaining an adequate level of quality in the care of patients with minor health problems. The introduction of a See and Treat area, together with the institution of advanced post-triage protocols, represents a possible answer to the overcrowding of the Emergency Department. The aim is the reduction of waiting times and proper allocation of both material and professional resources. The "See and Treat" nurse represents an expert nurse, with an adequate level of competence, who acts in respect to the clinical protocols shared between physicians and nurses. The Italian legislation is not in contrast with the introduction of the See and Treat nurse, on the contrary it offers opportunities for further professional development.

  20. Participatory Metalegal and Legal Processes for the Coastal Development Plan of Bolinao, Pangasinan

    Directory of Open Access Journals (Sweden)

    Wenceslao Asido Jr.

    2000-12-01

    Full Text Available The Coastal Development Plan that was passed into law as the Municipal Fisheries Ordinance of Bolinao, Pangasinan, is a concrete example of community participation in policy development. Among the effective metalegal strategies used during the evolution of the plan into an ordinance were the lobbies staged by the federation of people’s organizations (KAISAKA, the Municipal Fisheries and Aquatic Resources Management Council (MFARMC, and the Municipal Mayor. The capacity of various sectors to participate actively in the passage of the plan was enhanced through legal consultations and training provided by the Marine Fisheries Resources Management Project, in partnership with Tanggol Kalikasan, the legal arm of Haribon Foundation. The experience underscores the need for development projects to include the metalegal training of community constituents as a requisite for the latter to actively participate in the formulation of policies and laws for coastal resources management.

  1. 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

  2. Selected Legal Aspects of Academic Administrative Leadership: An Orientation for New Academic Administrators

    Science.gov (United States)

    Jenkins, Charles R.

    2003-01-01

    An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

  3. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    Full Text Available En los últimos años en España se está produciendo un significativo aumento en el cuestionamiento sobre muchos resultados de las actuaciones sanitarias. En ese largo proceso que busca desterrar las úlceras por presión (UPP, como proceso banal y especialmente inevitable, por inherente a la edad avanzada, situaciones de terminalidad o inmovilidad del paciente, comienza a divisarse el despertar de reacciones, reclamaciones y denuncias por parte de los usuarios y sus familiares ante la falta de prevención o un tratamiento inadecuado, como desde hace años viene sucediendo en otros países de nuestro entorno cultural y económico. La revisión del impacto y tratamiento legal del problema de las UPP en los países de nuestro entorno (Reino Unido, EE.UU., Alemania, etc., desde el derecho penal, el derecho civil o mediante procedimientos disciplinarios ha propiciado cambios muy notorios en el comportamiento de profesionales, instituciones y ciudadanía con respecto a este tema. Con un propósito enteramente didáctico, se dibuja la configuración legal de la actividad sanitaria en nuestro país y los tipos de responsabilidad y vías de reclamación judicial aplicables a los procesos que nos ocupan, incluyendo algunas consideraciones específicas tales como: las UPP como biomarcadores de maltrato o abuso en ancianos, los protocolos para la prevención y tratamiento de las UPP como responsabilidad del centro, la responsabilidad por falta de material adecuado para la prevención y el tratamiento de las UPP, el consentimiento informado antes de la aplicación de una técnica, la historia clínica y registros específicos para UPP incluido el fotográfico, las UPP como causa de ingreso hospitalario y altas hospitalarias a pacientes con UPP. Por su actualidad se analiza el tema de la prescripción enfermera en el ámbito del cuidado de las úlceras por presión y otras heridas crónicas como práctica "arraigada, consentida, aplaudida y practicada desde

  4. Euthanasia and assisted suicide: comparison of legal aspects in Switzerland and other countries.

    Science.gov (United States)

    Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J

    2006-10-01

    The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.

  5. LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    MELINDA CENUŞE

    2012-12-01

    Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

  6. Legal Plans: Assisting the Person with Dementia in Planning for the Future

    Science.gov (United States)

    ... and in his or her best interest. 4 ADVANCE DIRECTIVES Advance directives are legal documents that allow a person ... care, including end-of-life wishes. Types of advance directives include: » » Durable power of attorney for health ...

  7. ETHICAL AND LEGAL ASPECTS OF FUNCTIONING OF ETHIC COMMITTEES IN BULGARIA

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-06-01

    Full Text Available Scientific research has to be based on ethical standards that promote the protection of human rights. On a national level, the domestic legislation of the Republic of Bulgaria foresees a procedure for obtaining an opinion from the Ethics Committee for Multicentre Trials in order to introduce a substantial change in a clinical trial and non-interventional study. The procedure aims to evaluate the compliance of the planned clinical trial with the norms of good clinical practice, the requirements of the Medicinal Products in Human Medicine Act. On European Union level, standards have been set down in Regulation (EC No. 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use. The licensing regime that has been introduced on a national level requires the performance of documentation evaluation that addresses a major change in a clinical trial and non-interventional research. Legal definitions of the terms "principal investigator" and "coordinating investigator" have been introduced. The "principal investigator" is the medical doctor or the dentist, designated by the sponsor, who leads the overall execution of the clinical trial in accordance with the approved protocol and good clinical practice guidelines and is responsible for the researchers. The "coordinating researcher" is a researcher appointed to coordinate researchers from different centres participating in a multicentre trial. Ethic committees performing review have to provide independent advice on the extent to which a biomedical research proposal complies with recognized ethical standards. Scientific research must necessarily conform to commonly accepted scientific principles and be based on thorough knowledge of scientific literature and other relevant sources of information.

  8. Aspectos ético legales del trasplante de corazón Ethical and legal aspects of heart transplant

    Directory of Open Access Journals (Sweden)

    Fernán del C Mendoza

    2007-12-01

    Full Text Available El trasplante cardiaco constituye el tratamiento de elección para los pacientes en falla cardiaca refractaria. Desde el punto de vista médico, existen claras indicaciones para realizar el trasplante, pero a nivel local y mundial hay problemas por el escaso número de donantes. Para que se realice un trasplante de corazón, el donante debe reunir criterios de muerte encefálica, la cual se diagnostica por ausencia irreversible de las funciones del tallo encefálico, determinadas por un examen clínico. A pesar de las controversias que existen acerca de cuándo muere una persona, cada vez hay más claridad en este hecho. Existen otros problemas bioéticos que se relacionan con el trasplante como la donación (algunas personas en vida manifiestan su voluntad y autonomía de servir como donantes y otras no, la distribución de órganos y el comercio de órganos y tejidos. Desde el punto de vista legal y ético, se prohíbe la gratificación o pago al donante vivo, a la familia del donante fallecido, al banco de tejidos o de médula ósea, a las clínicas y hospitales, y a las aseguradoras por la donación o suministro de órganos o tejidos humanos. La promoción de la donación y la obtención de componentes anatómicos deberán efectuarse denotando su carácter voluntario, altruista y desinteresado. Debe primar el principio de justicia y excluirse cualquier consideración no equitativa de índole geográfica, racial, sexual, religiosa, etc. Los órganos deben distribuirse con base en criterios médicos; así mismo debe buscarse la más idónea utilización del órgano donado, teniendo como fundamento el manejo equitativo y como principio el respeto por la vida y la dignidad humana.Cardiac transplant is the treatment of choice for patients with refractory cardiac failure. There are clear indications from the medical point of view to perform the transplant, but locally and world - wide there are problems due to the scarce number of donors. In order

  9. Selected aspects of proposed new EU general data protection legal framework and the Croatian perspective

    National Research Council Canada - National Science Library

    Nina Gumzej

    2013-01-01

      Proposed new EU general data protection legal framework profoundly affects a large number of day-to-day business operations of organizations processing personal data and calls for significant effort...

  10. SOHO: Information Security Awareness in the Aspect of Contingency Planning

    Directory of Open Access Journals (Sweden)

    Jason Maurer

    2015-10-01

    Full Text Available This paper seeks to take general security awareness information for home and small business owners and make it understandable and accessible by looking at practical ways to keep valuable information accessible after an incident or disaster according to current methods. This paper will first review select general security awareness information, then take a look at some aspects of contingency planning and look at some basic practical techniques to use in order to protect systems and information from complete loss after an incident. Finally, the ground work for implementing an individualized plan for a small business office or home office will be laid and some practical steps to take will be recommended.

  11. Legal aspects of the maritime transport of radioactive materials its regulation in Mexico

    CERN Document Server

    Aguilar, S

    2001-01-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is appli...

  12. [The rules of ethics, legal aspects, and the issue of euthanasia].

    Science.gov (United States)

    Swiatkowska-Flis, Beata; Pierzchała, Krystyna; Flis, Cezary

    2009-01-01

    The issue of euthanasia is gaining greater momentum in Poland. It is a matter of fact that Poland is a country with an increasing aging population. As a result of this increased awareness, this topic is also becoming increasingly controversial. Does a doctor have the right to decide, on behalf of another person, if they should end their life? What limitations should doctors be bound by in terms of their legal and ethical obligations? The purpose of this study is to investigate the ethical and legal implications associated with euthanasia.

  13. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    out more specific legal problems that might occur throughout the various chronological stages of biobanking regarding consent obligations and intellectual property rights (IPR). After this we use an on-going interdisciplinary research project based at the University of Copenhagen (UCPH) to illustrate...... relating to intellectual property rights (IPRs)....... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  14. Analysis of the main requirements to the ethical behavior of civil servants in Ukraine: legal aspects

    Directory of Open Access Journals (Sweden)

    N. G. Sorokina

    2017-06-01

    Full Text Available Legal regulations that define the basic requirements to the ethical behavior of public servants in Ukraine have been analyzed in the article. It has been noted that the only recognition of the importance of professional ethics is not enough. One of the most effective measures of the public service authority’s improvement in society,  corruption combating and improvement of the governance culture is the legal regulation on the professional ethics of public service. It has been determined that the ethical principles of public service in Ukraine are noted in many Ukrainian legal acts, thus, the considerable attention in the paper was given to the study of the Laws of Ukraine “On State Service”, “On Corruption Prevention”, the Resolution of the Cabinet of Ministers of Ukraine “On approval of rules of the ethical behavior of public officials” and the Order of the National agency of Ukraine on civil service “On approval of the General rules of ethical behavior of civil servants and local government officials”. During analysis it has been determined that it is almost impossible to make a comprehensive list of rules of behavior of civil servants at the level of legal documents. So, the best guarantee of preventing power abuse, corruption and other service and ethical violation is personal dignity and high moral standing of employee and, above all, the professional honor and duty.

  15. Organizational-legal aspects of scientific and technical and innovative development of Uzbekistan

    Directory of Open Access Journals (Sweden)

    Guzal Vapaeva

    2009-10-01

    Full Text Available Efficient protection of intellectual property provides not only commercialization of objects, but also activization of innovative activity as a whole, stimulation of national and international investments into economy. The paper describes features of legal protection institutions in Uzbekistan.

  16. Medico-legal aspects of sleep disorders: sleepiness and civil liability.

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

    Excessive sleepiness is associated with motor vehicle accidents and is responsible for enormous social and financial loss. The specific legal obligations for an individual with a sleep disorder, their employer and those health care practitioners associated with that individual are reviewed. Although there are related implications within the criminal law and in particular criminal negligence, the arguments developed in this paper will be largely confined to the context of the civil liability. The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents. The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness. Many countries have legislation designed to protect employees from injury at work and to protect the general public from injury. What is not clear is the extent to which an employer will be required to accept liability for an employee's sleepiness and the duty to monitor the health of their employees. Factors which influence this liability include: the extent to which the implications of the condition is known and understood generally; the extent to which the condition is suspected or identified in an individual employee; the extent of a proper screening and treatment program and the way in which risk management programs have been implemented. Although the issue of sleepiness and civil liability is examined from an Australian legal context, the principles have direct relevance to other legal systems. The authors highlight the degree of uncertainty provided by the common law and statutory provisions, and that decisions rest on the balance of public interests, which mean that many of the current dilemmas facing practitioners may only be solved in the courts.

  17. The position of the Hungarian national minority in Vojvodina: Sociological and legal aspects

    Directory of Open Access Journals (Sweden)

    Manić Željka

    2011-01-01

    Full Text Available The text is about sociological and legal analysis of the position of the Hungarian national minority in Vojvodina, with special regard to the period between 2002 and 2007. It is believed that ethnic relations have a significant role in establishing national identity, and that collective rights represent the legitimate effort to preserve the language, writings and culture of those ethnic groups. The position of the Hungarian national minority is the position that is guaranteed by the constitution of the Republic of Serbia in the section regarding the collective rights: the right to the education in their first language, official use of language and writing, media information's in first language, preservation of culture and the right to participate in public activities. The position of Hungarian minority is regarded in two dimensions: the level of legal regulations and the level of actual problems that the members of minority are facing when practicing their rights.

  18. LEGAL AND ADAMINISTRATIVE ASPECTS OF LAND REFORM MEASURES AND AGRARIAN WELFARE IN BANGLADESH

    OpenAIRE

    Khan, A. Z. M. Obaidullah; Ali, A. M. M. Shawkat

    1985-01-01

    This paper presetts an analytical overview of the agrarian reform measures which resulted from the commendations of the Land Reforms Committee, 1983. The recommendations have beet gives legislative shape, first in the Land Reforms Ordinance, 1984 and secondly in the Agricultural Labour (Minimum Wages) Ordinance, 1984. The overview is presented in respect of the ownership ceiling on land, protection of the rights of the sharecropper, legally establishing the minimum wages for agricultural labo...

  19. Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

    Directory of Open Access Journals (Sweden)

    Jan Chmielewski

    2015-06-01

    Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

  20. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  1. Critical aspects of therapy in the context of child care legal proceedings: an emerging framework

    OpenAIRE

    Davies, Michael Glyn

    2012-01-01

    During the last 10 years working intensively with families in the context of child-care legal proceedings I am struck by how their lives hinge precariously on the outcome of a professional's assessment of them. This is especially so with ‘experts’ who often act as final arbiters on a family’s viability by providing independent psychological, psychiatric or Social Work assessments. In some cases, during proceedings, a therapeutic issue often not previously known or considered viable can emerge...

  2. Legal and economic aspects of contracts of insurance of crops and yields against drought

    Directory of Open Access Journals (Sweden)

    Veselinović Janko P.

    2016-01-01

    Full Text Available The contract of insurance of crops and yields against drought is based on the risk of decrease of precipitation in comparison with an earlier relevant period. The authors analysed the specificities of the case of draught risk, but also other regulations characteristic of this contractual relationship, both from the economic and the legal point of view. The paper also treats the position of contractual parties in this contractual relationship, partly arising from the monopolising position of the insuring organisation. That part also analyses the contract freedom that is endangered due to unequal positions of contractual parties. Special attention is paid to legal sources, especially the general and special conditions of insurance organisations, seeing as they are the main source of law, as there is a lack of legal regulation of this field. The number of Serbian insurance organisations that offer this type of insurance is extremely low, as well as the percentage of insurance against this risk. The authors analyse the reasons for which this type of insurance is underdeveloped in Serbia, as well as the consequences of such a state to a safe agricultural production. The paper also covers the topic of the role of legislators and the state in general, in terms of regulation of certain elements of this contractual relation, but also in terms of state incentives that would contribute to a higher percentage of insured agricultural areas. This would reduce the uncertainty and the damage suffered by agricultural producers due to increasing weather fluctuations. Taking into account the inadequate legal and economic tradition, education in this field would represent a significant contribution to the development of this kind of insurance. The authors analyse the difference between the contracts of insurance of crops and yields against drought and the weather derivative contracts, which can be traded on the stock market.

  3. Law and Memory. The Many Aspects of the Legal Inquisition in the Medieval Crown of Aragon

    Directory of Open Access Journals (Sweden)

    Kagay, Donald J.

    2004-06-01

    Full Text Available This article discusses the importance of the legal inquisition in the medieval Crown of Aragon. The form is reviewed from its Roman origins through the influence of Visigothic law and that of the various law codes of eastern Spain during the Middle Ages. The use of the legal inquisition by the crown, the church, the nobility and town governments clearly demonstrates how adaptable it could be. The form's manipulation of both written evidence and witness testimony is crucial for the understanding of how Iberian law perceived and shaped the memory of past events.

    Este artículo analiza la importancia de la encuesta judicial en la Corona de Aragón en la Edad Media. El autor re visa esta forma jurídica desde sus orígenes romanos, pasando por la influencia de la ley visigótica y la de los varios códigos legales de la España oriental durante el Medievo. El uso de la encuesta judicial por la corona, la iglesia, la nobleza y los gobiernos municipales demuestra claramente cuan adaptable podía ser. La manipulación de la encuesta, de la evidencia escrita y de las declaraciones de los testigos son cruciales para comprender cómo la ley ibérica percibió y estableció la memoria de acontecimientos pasados.

  4. [The "accommodation" of aging and older psychiatric patients - legal and psychiatric aspects].

    Science.gov (United States)

    Möllhoff, G

    1981-01-01

    In the articles 2, 19 and 97 GG the "Human Rights" and the "Human Dignity" are designed by the paramount constitutional law to be important guidelines for public activities. From these conceptions derives the implementation in the individual Federal States, which carry out the "Laws regarding the legal procedure for the deprivation of liberty" (1956) as well as the "Accomodation Laws". It differs in many administrative details, in its basic structure it is, however binding. Careful consideration of a case according to the Proportional Principles (Right of the Individual-Claim of the society for protection and security) on the one hand and legal control in all stages of the proceeding on the other hand are thereby safeguarded. First such important conceptions as "mental disease, mental weakness, threat, addiction, neglect, public nuisance, indecent assault" are discussed in line with the highest jurisdiction. The medical and legal limitations of the accomodation criteria for the old and ageing are presented. Advantages and disadvantages of the medically-centered regulations of accomodation, diagnosis, therapy, temporary leave and discharge of patients are explained; foreign experience is taken into account.

  5. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Science.gov (United States)

    Passantino, Annamaria; Pugliese, Michela; Quartarone, Valeria; Russo, Natalia; Bussadori, Roberto; Guercio, Bartolomeo

    2017-01-01

    Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats) to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later. PMID:28246457

  6. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Directory of Open Access Journals (Sweden)

    Annamaria Passantino

    2017-01-01

    Full Text Available Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later.

  7. Legal aspects of unitization: a comparative approach; Aspectos juridicos da unitizacao: uma abordagem comparativa

    Energy Technology Data Exchange (ETDEWEB)

    Cunha, Amanda L. [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The objective of this paper is the study of unitization under a comparative approach between the legal system of some of the most important countries in mature production of oil and gas as well of those which represent the new frontier in exploration and production of these natural resources, and also the provisions regarding unitization in the Brazil's legal system. Firstly, concepts and classifications about unitization, the historical context related to it, and the different doctrines regarding unitization will be analyzed. This analysis will be done considering the concepts developed by American jurisprudence, since it was in the United States where the first thesis regarding unitization were developed, such as the rule of capture and the correlative rights doctrines. Afterwards, it will be presented a study of some unitization's provisions found in different countries' statutes, regulations and contracts such as leases, production sharing agreements, concession contracts etc., being pointed the similarities and differences related to Brazil's legal system. Finally, the national legislation in force as well the Model Concession Contract of ANP's Sixth Round will be analyzed. (author)

  8. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  9. Green city Banda Aceh: city planning approach and environmental aspects

    Science.gov (United States)

    Arif, A. A.

    2017-02-01

    Banda Aceh as the capital of Aceh Province is the region with the tsunami disaster that occurred on December 26, 2004 the most severe of which over 60% of the city area were destroyed mainly coastal region and settlements. One product plan for rehabilitation and reconstruction of Banda Aceh is made of Banda Aceh as Green City. To realize the Green City Banda Aceh, urban development process should be conducted in a planned and integrated way with attention to spatial and environmental aspects to ensure an efficient urban management and to create a healthy, beautiful and comfortable environment. There is a weakness of the process in urban planning and development that occurred at present where cities tend to minimize the development of green open space and land conversion into a commercial district, residential areas, industrial areas, transport networks and infrastructure and facilities for other cities. Another tendency that occurs is urban environment only developed economically but not ecologically, whereas ecological balance is as important as the development of the economic value of urban areas. Such conditions have caused unbalance of urban ecosystems including increased air temperature, air pollution, declining water table, flooding, salt water intrusion and increased content of heavy metals in the soil. From an ecological perspective, unfavorable microclimate, high-temperature increase due to the lack of trees as a sieve / filter against heavy rain, can cause flooding. These conditions result in inconvienient, arid and less beautiful urban areas. The author identifies the elements contained in the Green City Banda Aceh and how the efforts and approaches must be made toward Green City Banda Aceh.

  10. Aspects of Legal Translation Teaching%英汉法律翻译教学面面观

    Institute of Scientific and Technical Information of China (English)

    傅敬民

    2011-01-01

    英汉法律翻译作为特殊用途翻译(Translation for Specific Purpose,TSP)目前日益受到关注。文章结合教学实践经验,对法律翻译的特殊性、教学目标、师资队伍建设、教材建设以及教学方法等方面进行了尝试性探讨。同时指出,法律翻译教学是一项系统性工程,需要围绕教学的方方面面予以全面的研究,并在此基础上提出了相应的策略。%Legal translation as translation for specific purpose has drawn increasing attention in China. In this paper, the author tentatively explores some aspects of legal translation, including its specialty, its teaching faculty, its teaching orientation, textbooks concerned and relevant teaching approaches. According to the author, legal translation is a systematic project, which requires overall research, and we should come up with strategies accordingly.

  11. Legal aspects regarding the use and integration of electronic medical records for epidemiological purposes with focus on the Italian situation

    Directory of Open Access Journals (Sweden)

    Antonietta Stendardo

    2013-09-01

    Full Text Available The "Observational Studies" working group of the Italian Association of Medical Statistics and Clinical Epidemiology (SISMEC has undertaken to study the impact of recent healthcare sector regulations on the legal and organisational aspects of managing all EMR databases with emphasis on Legislative Decree No. 196/2003 (the Italian Personal Data Protection Law. This paper examines six issues relating to theirs legal implications. The first section, “Confidentiality”, provides definitions and the regulatory context for the terms "confidentiality" and "personal data". In the second, “Nature of data held in electronic medical record archives”, we discuss the problem of sensitive data and procedures to make the identification code anonymous. In “Data ownership” we highlight the difference between the data controller and the database controller. The fourth section, “Conditions for processing”, discusses problems associated with using research data from one study in other investigations. In the fifth, “Patient consent”, we address the problems related to patient consent. Finally in “Penalties” we outline the main civil and criminal liability issues applied in case of non-compliance with the provisions of the Personal Data Protection Code. Where possible, we provide suggestions on how to comply with the legal requirements of managing medical record archives in order to make it easier for researchers to remain in compliance with the relevant provisions. 

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

    Science.gov (United States)

    Dlugacz, Henry; Wimmer, Christopher

    2013-01-01

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

  13. [Post-traumatic psoriatic rheumatism. Clinical and medico-legal aspects].

    Science.gov (United States)

    De Bandt, M; Palazzo, E; Brissaud, P; Kahn, M F

    1992-01-01

    The possibility that injury may play a role in the development of some forms of chronic inflammatory rheumatic disease has been a subject of debate for many years. Such a role is accepted for some cases of rheumatoid arthritis, remains controversial for spondylarthropathies, and is poorly understood in psoriatic arthritis. Three cases of post-traumatic psoriatic arthritis are reported herein. The difficulty of establishing the causative role of the injury (despite precise criteria) is underlined, the pathophysiologic mechanism is discussed (deep Koebner phenomenon?), and possible legal consequences are reviewed.

  14. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  15. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  16. Legal and economic aspects of Ukrainian enterprises activity at the European renewable energy market

    Directory of Open Access Journals (Sweden)

    Sergiy Bilotskiy

    2017-06-01

    Full Text Available The article deals with a current trend of the global energy market, which is characterized by rising tension in relations between the performers of the energy market regulation mechanisms, and it leads to the emergence of alternative energy sources. The article is called to identify the causes of renewable energy markets nascence, to make comparative description of Ukrainian and European Renewable Energy Markets attractiveness, and to characterize the state policy change in a renewable energy market. Different interpretation of nature and classification of the field of renewable energy in foreign and Ukrainian approaches shows the problem of legal criteria of renewable energy markets regulation. It is proved the existence of double barrier penetration of the European market for renewable energy for Ukrainian companies, which includes compliance with the accepted EU Directives and compliance with the Rules of each member individually. The presence of clearly defined standards and certificates of quality for the European market allows producers to show the competitiveness of Ukrainian products in the international market and stimulate Ukrainian manufacturers. The presence of clearly formulated laws, stable and balanced political and legal environment of the EU allows Ukrainian producers of renewable energy to develop such a strategy that considers the time factor, as the primary parameter of competitiveness in international business. The market of solid biofuels in EU is under formation, its development timeframe and uncertainty of environmental risks becoming is especially important for Ukrainian producers.

  17. [Specific phobia in early period of puerperium. Case report and its legal aspects].

    Science.gov (United States)

    Kokoszka, Andrzej; Jerominiak-Kobrzyńska, Monika; Kalicka-Owerska, Adriana; Wypych, Karol; Filar, Marian

    2010-01-01

    A 28 year old woman with a specific phobia of being in hospital, three hours after having given birth to her baby, demanded to be discharged from the hospital, in spite of having been informed by the obstetrician that her life was threatened because of an intrauterine infection that might cause sepsis. The patient decided to stay in hospital after several long-lasting psychiatric consultations including psychotherapeutic interventions. The patient did not recognise that her fear was excessive and unreasonable, i.e., did not meet one of the criteria of specific phobia. She gradually regained criticism toward her symptoms within approximately one day. This indicates that patients with specific phobia confronted with a phobic situation may temporarily loose awareness that their fears are unreasonable and/or too intensive and may express beliefs similar to psychotic delusions. This situation faced the team of doctors with potential legal problems that might appear if the patient had definitely refused to stay in the hospital. Polish law does not allow to treat such patients against their will on non-psychiatric hospital wards. However, in the case ofa definite phobia diagnosis there is no legal way to hospitalise a patient against his or her will on a psychiatric ward.

  18. Informed consent of the critically ill patient and drug therapy: legal aspects

    Directory of Open Access Journals (Sweden)

    Riccardo Fresa

    2013-08-01

    Full Text Available Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004. But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.http://dx.doi.org/10.7175/rhc.v4i2s.874

  19. Competition and Co-operation between Stock Exchanges in Europe - Legal Aspects and Challenges

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig; Clausen, Nis Jul

    2002-01-01

    The article analysis why and how European Stock Exchanges enters into alliances. On the background of alliances as Norex, Euronext and the planned iX the different areas and types of co-operation is discussed.......The article analysis why and how European Stock Exchanges enters into alliances. On the background of alliances as Norex, Euronext and the planned iX the different areas and types of co-operation is discussed....

  20. Privacy and data protection: Legal aspects in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Nora Osmani

    2016-07-01

    Full Text Available The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

  1. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Document Server

    CERN. Geneva

    2015-01-01

    The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...

  2. Legal aspects of the petroleum royalties; Natureza juridica dos 'royalties' do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Manoel, Cacio Oliveira [Rio Grande do Norte Univ., Natal, RN (Brazil)]. E-mail: caciooliveira@yahoo.com.br

    2003-07-01

    The royalties on oil and gas production has taken great importance in national scenery after Federal Constitution from 1988 and Laws nbr. 7.990/89 and 9.478/97, that have regulated more specifically the distribution of values fixed in exploration and production contract. However, there is a feature of royalties that is little discussed by oil and gas lawyers, that is, its juridical fundament. The aim of the present paper is to discussed the features of royalty in brazilian legal system in order to define its juridical fundament. Along text we will show the question lays on the institute of stipulation in behalf of third parts, in reason of oil and gas' owner (The Union)isn't their beneficiary of royalties, but States and Municipal Districts. (author)

  3. Preserving the Environment of Outer Space - Legal, Regulatory and Institutional Aspects of Active Orbital Debris Removal

    Science.gov (United States)

    Mankata Nyampong, Y. O.

    2012-01-01

    In view of the massive quantities of space debris already deposited in outer space, any effort aimed at guaranteeing the sustainability of mankind's access to outer space and the continued safety of space operations must not be limited exclusively to mitigating the creation of new debris, but must also focus on the active removal of existing pieces of debris from space (remediation) as a matter of necessity. Presently, technologies that will enable active debris removal (ADR) are only just emerging. As the technology develops, however, several legal, regulatory and institutional issues that may hinder the conduct of ADR activities must also be addressed. This paper highlights and explores some of the foregoing issues in an effort to draw international attention to these matters and ultimately to pave the way for the smooth conduct of ADR activities once the technology matures.

  4. Incorporating Knowledge of Legal and Ethical Aspects into Computing Curricula of South African Universities

    Science.gov (United States)

    Wayman, Ian; Kyobe, Michael

    2012-01-01

    As students in computing disciplines are introduced to modern information technologies, numerous unethical practices also escalate. With the increase in stringent legislations on use of IT, users of technology could easily be held liable for violation of this legislation. There is however lack of understanding of social aspects of computing, and…

  5. Legal aspects of the clean-up and reclamation of the manufactured gas plants

    Energy Technology Data Exchange (ETDEWEB)

    Joldzic, V. [Belgrade University, Belgrade (Yugoslavia). Inst. for Criminology and Sociological Research

    1995-12-31

    The laws associated with the cleanup of manufactured gas plants in Yugoslavia is described. These comprise the Environmental Protection Act; the Law about Space Planning and Organizing; Building Law; and Agricultural Land Use Law. Joint remedial action in the Danube Basin is discussed. 13 refs.

  6. PATIENT'S RIGHT TO INFORMED CONSENT IN REPUBLIC SRPSKA: LEGAL AND ETHICAL ASPECTS (WITH SPECIAL REFERENCE TO PHYSICAL REHABILITATION).

    Science.gov (United States)

    Milinkovic, Igor; Majstorovic, Biljana

    2014-12-01

    The principle of informed consent, which requires a patient's fully-informed consent prior to the medical treatment, is closely connected with the value of human dignity. The realization and protection of a patient's dignity is not possible without his/her right to choose the character and scope of medical treatment. This goal cannot be adequately achieved within the traditional model of medical paternalism characterized by the physician's authoritative position. The first part of the article deals with the content and ethical significance of the informed consent doctrine. The legal framework of informed consent in Republic Srpska (RS), one of the two Bosnia and Herzegovina (BH)entities, is analyzed. Special reference is made to the relevance of the informed consent principle within the physical rehabilitation process. Although ethical aspects of physical rehabilitation are often overlooked, this medical field possesses a strong ethical dimension (including an appropriate realization of the patient's right to informed consent).

  7. Consumers on the Internet: ethical and legal aspects of commercialization of personalized nutrition.

    Science.gov (United States)

    Ahlgren, Jennie; Nordgren, Anders; Perrudin, Maud; Ronteltap, Amber; Savigny, Jean; van Trijp, Hans; Nordström, Karin; Görman, Ulf

    2013-07-01

    Consumers often have a positive attitude to the option of receiving personalized nutrition advice based upon genetic testing, since the prospect of enhancing or maintaining one's health can be perceived as empowering. Current direct-to-consumer services over the Internet, however, suffer from a questionable level of truthfulness and consumer protection, in addition to an imbalance between far-reaching promises and contrasting disclaimers. Psychological and behavioral studies indicate that consumer acceptance of a new technology is primarily explained by the end user's rational and emotional interpretation as well as moral beliefs. Results from such studies indicate that personalized nutrition must create true value for the consumer. Also, the freedom to choose is crucial for consumer acceptance. From an ethical point of view, consumer protection is crucial, and caution must be exercised when putting nutrigenomic-based tests and advice services on the market. Current Internet offerings appear to reveal a need to further guaranty legal certainty by ensuring privacy, consumer protection and safety. Personalized nutrition services are on the borderline between nutrition and medicine. Current regulation of this area is incomplete and undergoing development. This situation entails the necessity for carefully assessing and developing existing rules that safeguard fundamental rights and data protection while taking into account the sensitivity of data, the risks posed by each step in their processing, and sufficient guarantees for consumers against potential misuse.

  8. 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

  9. Children sold for transplants: medical and legal aspects. Amnesty International--Danish Working Group for Children.

    Science.gov (United States)

    Fasting, U; Christensen, J; Glending, S

    1998-11-01

    Over the last few decades there has been a substantially higher percentage of successful organ transplants but also a significant imbalance between the demand for and the supply of organs, creating the basis for a highly profitable black market trade in human organs. Sometimes there are reports that children have been kidnapped, only to reappear later lacking one kidney, or that they simply disappear and are subsequently killed to have all their transplantable organs removed for profit. The European Union feels that there is a need for action and that it has a duty to act in this field, especially for ethical reasons. There is now established close co-operation between the various European transplant organizations. The legal protection of children with regard to organ transplantation is not specifically mentioned in the existing conventions because this issue was not foreseen at the time of their preparation. However, the issue is covered in a broader sense by more general provisions. There are endless rumours surrounding this area. Members of various organizations who travel in the suspected countries say that the trafficking in children who are sold for transplantation is well known, but it is too difficult and very dangerous to catch the people involved. We have to conclude that it has been impossible to prove or disprove the rumours, but they are consistent and we all, especially in the health care professions, have an obligation to be keenly aware of how and where organs are obtained.

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

    Directory of Open Access Journals (Sweden)

    Hjelm Katarina

    2010-06-01

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

  11. Changes in Legal Aspects of Public Education about Drugs and Their Importance.

    Science.gov (United States)

    Miyamoto, Noriko

    2016-01-01

    Requirements for education on proper use of drugs were included in the junior high school educational guideline in 2012 incorporating pharmaceutical education in the obligatory school curriculum. This move is closely related to the country's new OTC drug marketing system. The amendment of the Pharmaceutical Affairs Law (PAL) in 2013 highlighted the public's own role in "promoting proper use of drugs and other related products and making greater efforts to acquire knowledge and improve understanding of their effective and safe use". Furthermore, the Law to Amend the PAL and Pharmacists Law enforced in 2014 allowed all OTC drugs to be sold online under appropriate rules. Deregulation of online sale of OTC drugs is expected further to promote self-medication for minor illnesses and require stricter measures to ensure people's safety through their proper use. These legal amendments in recent years have made people's education about proper use of drugs one of the top priorities Japan should pursue at state level. Since 2000, the author has been offering education on drugs to early primary school children as part of their healthcare education program. In the future, dedicated education on drugs will be necessary for people of all ages including not only school children but also their guardians and elderly citizens as well.

  12. Implementing adaptation strategies by legal, economic and planning instruments on climate change

    Energy Technology Data Exchange (ETDEWEB)

    Albrecht, Eike; Missler-Behr, Magdalena; Schmidt, Michael; Spyra, Simon P.N. (eds.) [Brandenburg Univ. of Technology Cottbus-Senftenberg (Germany)

    2014-07-01

    The causes and effects of climate change are just as varied as the proposed solutions and approaches for dealing with the problem. Given the global character of climate change, comprehensive global cooperation is called for that leads to effective and appropriate international action in accordance with the respective responsibilities. These will inevitably differ depending on the capabilities and the social and economic situations of the respective actors. The contributions in this book present a variety of ideas, approaches and tools regarding the adaptation to climate change in specific countries and regions. In addition to examining (existing) legal instruments, they also focus on the implementation of economic instruments and planning tools, as well as their (further) development. Rather than simply discussing strategies to counteract climate change by reducing emissions, the authors also search for ways of actively adapting to climate change.

  13. Continued challenges in the policy and legal framework for collaborative water planning

    Science.gov (United States)

    Tan, Poh-Ling; Bowmer, K. H.; Baldwin, C.

    2012-12-01

    SummaryWe consider the implementation of Australian water reform over the last two decades and into the future. Reform was to provide security for consumptive users and adequate rights for the environment. Overallocation, a key threat to both these aims, continues to challenge planners particularly in the Murray-Darling Basin and cannot be addressed without community support. We draw from four major studies to provide insights on how implementation needs to be underpinned by theory. From the perspective of institutional design for collaborative and sustainable water planning, seven major improvements are required: (1) Provision of detailed policy guidelines to support general legal requirements, particularly practical advice for interpreting and applying the precautionary principle. (2) Tools to identify and engage unorganised or neglected community sectors, for example Indigenous peoples and youth. (3) Procedural fairness and transparent decision making, to build confidence in reform; use of independent experts and visual tools to improve the quality of discussion and increase the acceptability of trade-offs. (4) Clearer documentation and language in planning, as more litigation is likely. (5) In accord with international literature, the development of comprehensive policy and legislative framework allowing a systems approach to consensus building, especially when the science is contested. (6) Information on exactly how much water is required and where, by capturing societal choices on environmental assets. (7) Planning for sustainable contraction where cutbacks to water use is required, as an additional strategy to the current emphasis on buying water or building infrastructure. In summary we advocate collaborative water planning processes to engender community confidence in planning.

  14. Legal aspects of the association of overseas countries and territories with the European Union

    Directory of Open Access Journals (Sweden)

    Hruškovic Ivan

    2014-03-01

    Full Text Available This article is concerned with an issue in European law that is historically derived from the Treaty establishing the European Economic Community. The aim is to illuminate the functions and objectives of the European Union that correspond to the provisions of Part Four of the Treaty on the Functioning of the European Union - Association of the Overseas Countries and Territories. The basic provisions are laid down in the primary law of the European Union but there are also other documents and legislative acts that lay down more detailed provisions on the given issue and reveal a more complex perspective. The article focuses on the existing legislation regulating the association of overseas countries and territories with the Union. The author first draws attention to the key provisions of the Treaty establishing the EEC that define the purpose, objectives and fundamental principles applied between the Union and the overseas countries and territories. The main purpose of the article, however, is to analyse the current legal basis of association and to highlight the need for a new legislative framework of cooperation. New legislation should take into account not only the interests of the Union, but also the desire of the overseas countries and territories for a new quality of mutual cooperation. The author argues that the best way to improve the association mechanism based on the Lisbon Treaty is to modernise the Union’s existing secondary legislation in this area. In this regard the author analyses issues related to Council decision 2001/822/EC on the association of the overseas countries and territories with the European Community and the proposal for a Council decision (COM/2012/362 of 16 July, 2012.

  15. Tobacco industry interference with tobacco control policies in Poland: legal aspects and industry practices.

    Science.gov (United States)

    Balwicki, Łukasz; Stokłosa, Michał; Balwicka-Szczyrba, Małgorzata; Tomczak, Wioleta

    2016-09-01

    Since 2006, when Poland ratified the WHO Framework Convention on Tobacco Control (FCTC), there have been efforts to improve tobacco control regulation in the country. At the same time, at the European Union level, Poland took part in discussions over revision of the Tobacco Tax Directive and the Tobacco Products Directive. This study aims to explore the tobacco industry's tactics to interfere with the creation of those policies. Analysis of 257 documents obtained through freedom of information request. We identified three means that the tobacco industry used to interfere with tobacco control policies: creating a positive attitude, expressing a will to be a part of the policymaking process, and exerting pressure. We found that those tactics have often been used unethically, with the industry providing the government with ready legislation proposals, overstating its contribution to the economy and the government revenues, misrepresenting the illicit cigarette problem and misusing scientific evidence. The industry also used legal threats, including use of bilateral trade agreements, against implementation of tobacco control measures. The companies lobbied together directly and through third parties, with the cigarette excise tax structure being the only area of disagreement among the companies. The industry also pushed the Polish government to challenge tobacco control policies in countries with stronger public policy standards, including UK display bans and the Australian plain-packaging law. From an object of regulation, the tobacco industry in Poland became a partner with the government in legislative work. Implementation of provisions of Article 5.3 of the WHO FCTC could prevent further industry interference. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  16. Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

    Science.gov (United States)

    Quinlan, James F.

    1986-03-01

    Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and on caveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-known Henderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her

  17. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

    Directory of Open Access Journals (Sweden)

    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

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

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

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

  19. Aspectos legales del Polo Turístico Golfo de Papagayo, Guanacaste, Costa Rica: régimen especial Legal aspects of the Golfo de Papagayo Tourist Project, Guanacaste, Costa Rica: special regime

    Directory of Open Access Journals (Sweden)

    María Virginia Cajiao

    2012-04-01

    Full Text Available El Golfo de Papagayo, Guanacaste, Costa Rica, es la región de mayor desarrollo turístico en el país. El Proyecto Turístico Golfo de Papagayo (PYGP es producto de un estudio que contrata el Banco Centroamericano de Integración Económica (BCIE para analizar el potencial turístico de Centroamérica. Dicho proyecto comienza a gestionarse en 1982 y se exceptúa de la administración Municipal siendo competencia del instituto Costarricense de Turismo (ICT. El PYGP pretende un desarrollo planificado mediante un Plan Maestro que es administrado y supervisado por el Estado. El proyecto fue declarado de utilidad pública y de conveniencia nacional, lo cual le da más peso y mejores posibilidades de desarrollarse. Con su plan maestro establecido desde 1995 que determina los lineamientos generales y su legislación específica este proyecto se ha llevado a cabo a lo largo de estos años como una oportunidad para Guanacaste y para Costa Rica.Legal aspects of the Golfo de Papagayo Tourist Project, Guanacaste, Costa Rica: special regime. The Gulf of Papagayo, Guanacaste, Costa Rica,area is the main center of tourist development in Costa Rica. The Gulf of Papagayo Project (GPP is the product of a study contracted by the Central American Bank for Economic Integration (CABEI to determine the tourist potential of Central America. This project started in 1982, and was excempted from the Municipal administration and handed over to the Costa Rica Tourist Board (ICT by its Spanish name. The GPP intends a planned development by means of a Master Plan that is adminitered and supervised by the central government. it is a proyect declared of public utility and national convinience which givges it more support. With its master plan since 1995 that defines the general guidelines and its special legislation, this project has been carried out over the years as an oportunity for Guanacaste and Costa Rica.

  20. Roads Rehabilitation and Environment in Moldova: Some Legal and Normative Harmonization Aspects

    Directory of Open Access Journals (Sweden)

    Cocirta Petru

    2014-05-01

    Full Text Available This paper analyzes the environmental regulatory reforms of the Republic of Moldova to restore roads and problems over time. Goals and objectives are the analysis of the current situation on road rehabilitation and environmental assessments in this area, as well as issues that require in rehabilitation and maintenance of roads in the Republic of Moldova.Are described briefly: general aspects of road rehabilitation issues; legislation and environmental regulations in the road; differences between Moldova and procedures of the World Bank's environmental assessment in the construction and rehabilitation of roads; problem of national legislative and normative acts harmonization to international requirements.The paper discusses specific environmental to appear on completion of the rehabilitation of roads in the Republic of Moldova. In the final part of the paper presents the conclusions and some suggestions on how to facilitate the rehabilitation of roads in accordance with Agenda 21 of the country and European and international requirements.

  1. How supportive are existing national legal regimes for multi-use marine spatial planning?—The South African case

    CSIR Research Space (South Africa)

    Taljaard, Susan

    2013-03-01

    Full Text Available Over the past six years international interest in multi-use marine spatial planning (MSP), as a practical process to launch integrated coastal management (ICM), exploded. This paper explores the extent to which existing national legal frameworks can...

  2. The ergonomic and legal aspects of the heritage of the state of Pernambuco--Brazil.

    Science.gov (United States)

    de Jesus Pereira da Silva, Terezinha; Neto, Augusto Eugenio Paashaus

    2012-01-01

    This paper aims to demonstrate the situation of the buildings declared a historical landmark by the government spheres in the state of Pernambuco, and how they attend the norms of accessibility for those with special needs. The methodology of the research contemplated a sample of 46 heritage buildings, approximately 16% of the universe of properties, which are around 268. In turn, these were limited to Recife's Metropolitan Region Area - RMR comprising 30% of the 153 properties of the municipalities of: Cabo de Santo Agostinho, Igarassu, Itamaracá, Ipojuca, Jaboatão dos Guararapes, Moreno, Olinda, Paulista, Recife and São Lourenço da Mata. From the specific forms set up based on the theoretical reference, as well as graphics and photographic records were assessed the aspects of both internal and external accessibility, displacement, (visual) orientation, and the use of space and equipment. In the analysis of different types was assembled a summary table ranking the samples in accessible, partially accessible and not accessible. As general results were found that from the 46 properties examined, 2 (5%) are accessible, 16 (35%) are partially accessible and 28(60%) are not accessible. Such data, although sample, shows that the majority of heritage properties does not provide access to people physically disabled or with reduced mobility signaling for professionals, managers and society institutions on the need to reduce physical barriers in such heritage.

  3. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  4. Demand side integration aspects in active distribution planning

    DEFF Research Database (Denmark)

    Silvestro, Federico; Baitch, Alex; Pilo, Fabrizio

    2013-01-01

    will be implemented in practice? How will regulatory frameworks and connection agreements evolve to support ADSs? The present work provides some information about the closer and closer integration between network planning and Demand Side Integration that is foreseen in the future and shows the necessity to develop......This paper presents an overview of the activities of CIGRE Working Group WG C6.19 (WG), focusing on the planning and optimization of active distribution systems. A key challenge in planning Active Distribution Systems (ADSs) is the uncertainty of the future, i.e., what level of active management...

  5. Teaching students on the specialty “Technology of Perfume-Cosmetic Preparations” in Zaporizhzhya State Medical University the legal aspects of pharmacist-cosmetologists professional activities

    Directory of Open Access Journals (Sweden)

    I. M. Alekseeva

    2012-12-01

    Full Text Available The article refl ects the experience of teaching the legal aspects of professional activities of pharmacists-cosmetologists to the students of Pharmaceutical Faculty, specialty «Technology of perfumery and cosmetics» in Zaporozhye State Medical University.

  6. Emergency Victim Care. A Training Manual for Emergency Medical Technicians. Module 2. Equipment, Safe Driving Practices, Legal Aspects, Controlling the Situation, Action Evaluation Conference. Revised.

    Science.gov (United States)

    Ohio State Dept. of Education, Columbus. Div. of Vocational Education.

    This student manual, the second in a set of 14 modules, is designed to train emergency medical technicians (EMTs) in Ohio. The module contains five sections that cover the following course content: ambulance equipment, safe driving practices for emergency vehicle drivers, legal aspects of the EMT's job, how to maintain control at an accident scene…

  7. Participatory Water Management in Brazil: Legal, institutional and political aspects (1988 – 2008

    Directory of Open Access Journals (Sweden)

    Maria Gravina Ogata

    2014-07-01

    Full Text Available The article presents the results of a study that aims to understand and evaluate the performance of the water resources new public policy in Brazil, promulgated by the Federal Law Nº. 9,433, of 8 January 1997, in full observance by the Brazilian State Reform (1995. This policy brings significant innovations in water management, considered by the Federal Constitution of 1988 as a public good, under the control of the Union and the Federated States. The innovative aspect of this policy is the management system, provided by the National and State Water Resources Councils and Water Committees. Participatory management is based on the participation of representatives of Public Power, water users and civil society, who were listened in the interviews. This new policy has been built unevenly throughout the country and reflects the characteristics and peculiarities of each Brazilians region. Thus, the study examines regional experiences in the theoretical approach of concepts related to participatory management and multilevel water governance, with emphasis on the issue of Brazilian federalism. Civil society believes in this form of management of water resources and has high expectations that better results could be obtained with the strengthening of Brazilian democracy. The recovery of citizenship, the participation in the implementation of public policies, the quick deliberation on conflicts about the use of water have been the great gains that society has registered in favor of this new form of managing water resources. Este estudio analiza y evalúa la nueva política pública de recursos hídricos de Brasil, cuyo marco normativo es la Ley Federal nº 9.433, del 8 de enero de 1997, promulgada en pleno período de Reforma del Estado Brasileño (1995. Esta política trajo importantes innovaciones en la gestión del agua, considerada bien público bajo el control de la Unión y de los Estados Federados por la Constitución Federal de 1988. El aspecto

  8. Traffic and Planning Aspects of Public Urban Transport

    Directory of Open Access Journals (Sweden)

    Vladimir Marić

    2004-05-01

    Full Text Available Public urban transit system is of special significance in thetraffic and economic system of big cities. Continuous laggingbehind of the public transit system development compared tothe city development can be noticed as a consequence of thetraffic policy and the fascination by the passenger cars. Plannedorientation of the urban traffic systems is of a recent date. Thispaper tends to give incentive to the need for a more complex urbanplanning and planning of traffic in a unique multidisciplinaryprocess within the urban planning system.

  9. Ethical, legal, and social aspects of farm animal cloning in the 6th Framework Programme for Research.

    Science.gov (United States)

    Claxton, John; Sachez, Elena; Matthiessen-Guyader, Line

    2004-01-01

    Cloned livestock have potential importance in the provision of improved medicine as well as in the development of livestock production. The public is, however, increasingly concerned about the social and ethical consequences of these advances in knowledge and techniques. There is unevenness throughout Europe in different Member States' attitudes to research into livestock cloning. Although there is EU legislation controlling the use of animals for research purposes, there is no legislation specifically governing cloning in livestock production. The main EU reference is the 9th Opinion of the European Group on Ethics, which states "Cloning of farm animals may prove to be of medical and agricultural as well as economic benefit. It is acceptable only when the aims and methods are ethically justified and when carried out under ethical conditions." The ethical justification includes the avoidance of suffering, the use of the 3Rs principle and a lack of better alternatives. The Commission addresses these issues in the 6th Framework Programme by promoting the integration of ethical, legal and social aspects in all proposals where they are relevant, by fostering ethical awareness and foresight in the proposals, by encouraging public dialogue, and by supporting specific actions to promote the debate. Research must respect fundamental ethical principles, including animal welfare requirements.

  10. Dynamic Aspects of the Strategic Planning of Information Systems

    Directory of Open Access Journals (Sweden)

    Marko Hell

    2013-06-01

    Full Text Available The SPIS methodology provides methods and techniques of developing an information system (IS that would correspond with the requirements of an organization. The result of its application is the strategic plan of IS development that would meet the future needs. As is the case in the methodology of the strategic planning in general, the primary drawback to the strategic planning of the information system is the lack of efficient control of implementation of the strategic plan, and this is precisely what this research paper deals with. One of the procedures in the measuring of results of an organization, which is also recommended by the SPIS, is the Balanced Scorecard methodology (BSC. However, the BSC concept which the classic SPIS methodology recommends as suitable for the evaluation of performance of the information technology (IT on the business system and the performance of that new business system, does not take into account the constraint that may lead to non-implementation of the planned activities. Furthermore, the BSC has been criticised for the oversimplified modelling of the cause-consequence relations that do not take into account the time delay and the feedback.This paper provides results of the research that resulted in identification of two types of constraints that need to be included when determining the optimal IS/IT strategy. Within the context of the system dynamics (SD approach, the broadening of the problem with the analysis of the strategy implementation dynamics results in the new practical knowledge about the control over the time-dependant values and, consequently, with a proposal that would eliminate the reasons for the abovementioned criticism.

  11. Legal aspects of shut-down and decommissioning of nuclear power plants; Rechtsfragen der Stilllegung und des Rueckbaus von Kernkraftwerken

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-10-15

    The legally phase-out the peaceful use of nuclear energy in Germany has put into focus the topics decommissioning and dismantling of nuclear power plants. Technically and legally issues have to be managed, which are often closely connected. From a legal perspective it is important, that the initial situation of operation and operation phases of the nuclear power plant are settled. Some of the most relevant legal issues are more accurate presented and discussed. They are related to the period after shut-down and before granting the decommissioning license.

  12. [Compulsory outpatient treatment and mental health care: aspects of the legal discussion from the European and Israeli perspective].

    Science.gov (United States)

    Hegendörfer, Gerhard

    2007-04-01

    Recent German legal initiatives for ordering compulsory outpatient treatment in mental health care are discussed and contrasted with regulations from other European countries and Israel. The legal basis for such coercive measures is comparatively assessed by use of these documents. European countries seem somewhat hesitant to incorporate compulsory outpatient treatment into their civil legislation frameworks. Legal initiatives on this issue in Germany were rejected both on the level of the Federal civil law, and on the State-level of public administrative law. From the legal point of view reasons against compulsory outpatient treatment in mental health care are embedded in the constitutional law and in international human rights.

  13. The Effect of Considering Environmental Aspect to Distribution Planning: A Case in Logistics SME

    Science.gov (United States)

    Prambudia, Yudha; Andrian Nur, Andri

    2016-01-01

    Environmental aspect is often neglected in traditional distribution planning process of a product. Especially in small-medium enterprises (SME) of developing countries where cost efficiency is the predominant factor. Bearing in mind that there is a large number of SME's performing logistics activities, the consideration of environmental aspect in their distribution planning process would be beneficial to climate change mitigation efforts. The purpose of this paper is to show the impact of environmental aspect should it be considered as a contributing factor in distribution planning. In this research, an adoption of CO2-emission factor in an SME's distribution planning in Indonesia was simulated. The outputs of distribution planning with and without the factor consideration are then compared. The result shows that adoption of CO2-emission factor would change the priority of delivery route.

  14. LEGAL ASPECTS IN MANAGEMENT

    Directory of Open Access Journals (Sweden)

    Desislava Aleksieva

    2015-03-01

    Full Text Available Management interaction between the ruling and subsystem for its effective functioning is necessary to specify the basic parameters which will develop this process. Right from its social role regulate public needs and interests. Contract and negotiation are the foundation of public life The idea of the agreement between the ruling and has its place in management theory from the time of the unwritten agreement in the Social Contract of Jean Jacques Rousseau, to modern forms of negotiation. Reliance between the parties in government has a binding force. One of the tools to achieve the aim contract. Contractual features built proposed and accepted by the parties to guarantee good working results.

  15. Underreporting the legal aspects of drone strikes in international conflicts: A case study of how Aftenposten and The New York Times cover drone strike

    Directory of Open Access Journals (Sweden)

    Rune Ottosen

    2014-10-01

    Full Text Available The purpose of this paper is to investigate, through content analyses of articles in The New York Times and the Norwegian newspaper Aftenposten, how these papers have reported on the legal aspects of drone strikes in international conflicts. Drones have been deployed in US military operations at least since the October 2001 air strikes in Afghanistan. Using critical discourse analysis and framing theory, selected texts were examined in which the two newspapers reported on the topic of drone strikes. Drawing on a report of an April 2010 hearing in the US House of Representatives, this paper discusses the legality of deploying drones in international conflicts. The author concludes that in their reportage on US drone strikes the newspapers failed as watchdogs for the relevant legal issues.

  16. Legal Aspects of Crime Investigation in the Public Schools. ERIC/CEM State-of-the-Knowledge Series, Number Eleven.

    Science.gov (United States)

    Buss, William G.

    This monograph summarizes methods used to investigate and prevent crime in school, sketches possible legal claims that students might make as a result of these approaches to inschool crime prevention, and, in an extensive analysis of five court cases, gives particular attention to the legal issues related to searches of student lockers by school…

  17. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico; Aspectos legales del transporte maritimo de materiales radioactivos: su regulacion en Mexico

    Energy Technology Data Exchange (ETDEWEB)

    Aguilar M, S

    2001-07-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  18. An overview of chemical straightening of human hair: technical aspects, potential risks to hair fibre and health and legal issues.

    Science.gov (United States)

    Miranda-Vilela, A L; Botelho, A J; Muehlmann, L A

    2014-02-01

    Personal image, as it relates to external beauty, has attracted much attention from the cosmetic industry, and capillary aesthetics is a leader in consumption in this area. There is a great diversity of products targeting both the treatment and beautification of hair. Among them, hair straighteners stand out with a high demand by costumers aiming at beauty, social acceptance and ease of daily hair maintenance. However, this kind of treatment affects the chemical structure of keratin and of the hair fibre, bringing up some safety concerns. Moreover, the development of hair is a dynamic and cyclic process, where the duration of growth cycles depends not only on where hair grows, but also on issues such as the individual's age, dietary habits and hormonal factors. Thus, although hair fibres are composed of dead epidermal cells, when they emerge from the scalp, there is a huge variation in natural wave and the response to hair cosmetics. Although it is possible to give the hair a cosmetically favourable appearance through the use of cosmetic products, for good results in any hair treatment, it is essential to understand the mechanisms of the process. Important information, such as the composition and structure of the hair fibres, and the composition of products and techniques available for hair straightening, must be taken into account so that the straightening process can be designed appropriately, avoiding undesirable side effects for hair fibre and for health. This review aims to address the morphology, chemical composition and molecular structure of hair fibres, as well as the products and techniques used for chemical hair relaxing, their potential risk to hair fibre and to health and the legal aspects of their use. © 2013 Society of Cosmetic Scientists and the Société Française de Cosmétologie.

  19. Legal aspects of electric power supply. Grid operator obligations between entrepreneurial responsibility and state control; Das Recht der Elektrizitaetsversorgungsnetze. Netzbetreiberpflichten zwischen unternehmerischer Eigenverantwortung und staatlicher Steuerung

    Energy Technology Data Exchange (ETDEWEB)

    Maetzig, Karoline

    2012-07-01

    The publication provides a systematic outline of the legal boundary conditions governing the operation of electric power supply grids. It goes beyond mere regulatory aspects, covering also the projecting and construction of grids, the acquisition or leasing of land for power transmission line construction, operating licenses and utility certification, the organisational structure and purpose of electric utilities, as well as the operating, servicing and enhancement of electricity grids including calculation of electricity rates. In addition to this systematic outline of legal aspects, it is investigated how the balance between entrepreneurial responsibility and state control was defined in the EnWG 2011, and it is discussed if the law provides sufficient room for entrepreneurial decisions.

  20. Planning Production and Control: Design of Experiments (DOE in Legal Service Industry

    Directory of Open Access Journals (Sweden)

    Wan Mohd Hirwani Wan Hussain

    2012-06-01

    Full Text Available This study discusses the importance applying the design of experiment in legal service industry, as they are in manufacturing industries. While this principle is used frequently in the manufacturing and engineering management literature, surprisingly little has been written about the implementing design of experiments in legal service industry and its important roles. We define the concept and describe how it can be mediate by incorporating customer needs and organizations management. Employing this principle gives an important contribution to the legal practice and sustaining it for future.

  1. Planned Environmental Microbiology Aspects of Future Lunar and Mars Missions

    Science.gov (United States)

    Ott, C. Mark; Castro, Victoria A.; Pierson, Duane L.

    2006-01-01

    With the establishment of the Constellation Program, NASA has initiated efforts designed similar to the Apollo Program to return to the moon and subsequently travel to Mars. Early lunar sorties will take 4 crewmembers to the moon for 4 to 7 days. Later missions will increase in duration up to 6 months as a lunar habitat is constructed. These missions and vehicle designs are the forerunners of further missions destined for human exploration of Mars. Throughout the planning and design process, lessons learned from the International Space Station (ISS) and past programs will be implemented toward future exploration goals. The standards and requirements for these missions will vary depending on life support systems, mission duration, crew activities, and payloads. From a microbiological perspective, preventative measures will remain the primary techniques to mitigate microbial risk. Thus, most of the effort will focus on stringent preflight monitoring requirements and engineering controls designed into the vehicle, such as HEPA air filters. Due to volume constraints in the CEV, in-flight monitoring will be limited for short-duration missions to the measurement of biocide concentration for water potability. Once long-duration habitation begins on the lunar surface, a more extensive environmental monitoring plan will be initiated. However, limited in-flight volume constraints and the inability to return samples to Earth will increase the need for crew capabilities in determining the nature of contamination problems and method of remediation. In addition, limited shelf life of current monitoring hardware consumables and limited capabilities to dispose of biohazardous trash will drive flight hardware toward non-culture based methodologies, such as hardware that rapidly distinguishes biotic versus abiotic surface contamination. As missions progress to Mars, environmental systems will depend heavily on regeneration of air and water and biological waste remediation and

  2. Aspectos médico legales de la infección por gonococo: gonorrea Medical legal aspects of the gonococcal infection: gonorrhea

    Directory of Open Access Journals (Sweden)

    Edgar Alonso Madrigal Ramírez

    2007-09-01

    Full Text Available El diagnóstico de una enfermedad de transmisión sexual en una víctima de abuso sexual debe ser adecuadamente interpretado a la luz de la historia médico legal, los hallazgos físicos, el laboratorio y la investigación sobre otras posibles formas de contagio. El objetivo de esta revisión bibliográfica, es actualizar los conocimientos sobre la Gonorrea, enfermedad que afecta principalmente la mucosa de los genitales masculinos y femeninos, la conjuntiva del ojo, la región anorectal y la faringe. En el niño menor de un año, la forma más frecuente de contagio es a través del canal de parto o por contacto accidental, sin embargo, la evidencia sugiere fuertemente que la gonorrea en niños mayores de un año y preadolescentes, al igual que en el adulto, es transmitida sexualmente. La transmisión vía fomites no ha sido comprobada, a pesar de que se ha aislado el microorganismo en objetos inanimados. Debido a las implicaciones legales del diagnóstico de gonorrea en niños, sólo se debe usar el procedimiento de cultivo estándar para aislar el germen.The diagnose of a sexual transmission disease in a sexually abused victim must be adequately interpreted under the knowledge of its medical?-legal history, physical findings, lab results and the research of different ways of contagious. The goal of this bibliographic revisit is to update the knowledge about Gonorrhea, disease that affects mainly male and female genital mucosa, the eyes conjuntive, annal rectal area and the faringe. Under one year-old children means of transmission are usually ? by birth process or accidental contact, but evidence strongly suggest that gonorrea on children older than one year, pre-adolescents and adults, is sexually transmitted. The transmission via fomites (via fomites transmission? has not been confirmed even though the micro-organism has been isolated in unanimated objects. Due to legal implications of gonorrhea diagnose on children, it should only be used

  3. Aspectos médico legales de la infección por gonococo: gonorrea Medical legal aspects of the gonococcal infection: gonorrhea

    OpenAIRE

    Edgar Alonso Madrigal Ramírez; Zarela Abarca Villalobos

    2007-01-01

    El diagnóstico de una enfermedad de transmisión sexual en una víctima de abuso sexual debe ser adecuadamente interpretado a la luz de la historia médico legal, los hallazgos físicos, el laboratorio y la investigación sobre otras posibles formas de contagio. El objetivo de esta revisión bibliográfica, es actualizar los conocimientos sobre la Gonorrea, enfermedad que afecta principalmente la mucosa de los genitales masculinos y femeninos, la conjuntiva del ojo, la región anorectal y la faringe....

  4. Legal aspects of Brazilian ethanol and non-tariff barriers to import; Aspectos juridicos relativos ao etanol brasileiro e as barreiras nao-tarifarias a sua importacao

    Energy Technology Data Exchange (ETDEWEB)

    Cavalcante, Hellen Priscilla Marinho

    2010-01-15

    This article presents the main socioeconomic and legal aspects that affect Brazilian ethanol, exposing the context in which the production appeared in the country. Then will discuss the main non-tariff protectionist measures that affect the market for biofuels, explaining about its merits. After exposure of the panorama of the application of protectionist measures on Brazilian ethanol will be presented to the role played by the World Trade Organization - WTO, and its understanding of the classification of ethanol in international trade.

  5. [Meal planning in the elderly: nutritional and economic aspects].

    Science.gov (United States)

    San Mauro, I; Cendón, M; Soulas, C; Rodríguez, D

    2012-01-01

    Malnutrition in elderly people is one of the major syndromes associated to greater prevalence of chronic diseases and increased morbidity, hospital staying, and mortality. On the other hand, malnutrition in the fourth world is associated to another important risk factor, which is the poor economic status. The aim of this study was to elaborate a balanced menu for the elderly adjusting its price to the mean expense that this population dedicates to its feeding needs. Taking into account the Household expense for 2010 of the National Institute of Statistics, we established that the average price for each menu ought to be less than 5.57 € per day. Two type menus were elaborated, both adapted to this population and to the Mediterranean diet. The economic assessment was 5.02 € and 5.06 €, respectively. Given the prevalence of malnutrition in this population, it is essential being able to appropriately plan their feeding needs, at both the nutritional and economic levels.

  6. The 1999 UNCOPUOS "Technical report on space debris" and the new work plan on space debris (2002 - 2005): perspectives and legal consequences

    Science.gov (United States)

    Benkö, Marietta; Schrogl, Kai-Uwe

    2001-10-01

    In February 1999, the Scientific and Technical Subcommittee (STSC) of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) adopted a "Technical Report on Space Debris". This was the result of intensive negotiations during a multi-year workplan on space debris, which had been the centerpiece of the technical work of the STSC during these years. The Report is the first document on space debris, presenting the status of space debris research and the problems resulting from space debris. It has the status of an analysis accepted by all governments. Following its adoption, the Report was presented to UNISPACE III and provided the basis for discussions in this Inter-governmental Conference as well as in the Technical Forum, which - at the same time - dealt with the technical as well as the legal aspects of the exploration and use of outer space. The adoption of the Conference Report finalized the workplan in the STSC, but the subject of space debris still remains on the agenda, where until now every year a special aspect is discussed in detail. The Report does not suggest the establishment of an agenda item "space debris" in the UNCOPUOS Legal Subcommittee (LSC). It is very reluctant in even mentioning legal aspects of the space debris issue. The strict and full concentration on technical aspects was a precondition made by a number of Member States for their constructive participation in the elaboration to establish an agenda item on space debris there, were completely detached from that process. Those, who had expected that the adoption of the Report would inevitably lead to formal negotiations in the LSC were deceived so far. Nevertheless, the Report provides a number of starting points for drafting regulation concerning the prevention of space debris as well as debris mitigation measures which also built on work already done by the Inter-Agency Space Debris Coordination Committee (IADC) and its member agencies. This paper describes the status of the

  7. Collective Intelligence and Three Aspects of Planning in Organizations: A NASA Example

    Science.gov (United States)

    Billman, Dorrit; Feary, Michael

    2010-01-01

    For many complex sociotechnical systems, planning seems to require explicit coordination; certainly, in executing a plan the activities of different actors must be tightly coupled. However, distributing the needed planning information can be very burdensome and error prone, because different groups need different collections of information, updated or kept current on different time cycles. Further, the information needed to form successful plans is often highly distributed, and while feedback about the success of prior plans may exist, it may not be available to those in a position of using this to improve plans or to detect and resolve other problems in the system (Weick, 1995). Tools to support various aspects of planning have been developed, and can provide a huge benefit to the individuals working on that aspect. To be tractable, most solutions address a quite bounded slice of work, isolating it from the larger context. Prospective planning takes place over multiple, nested cycles of decision making. This builds a plan that specifies activities of different granularity. "Subplans" may specify multiple parallel activities by different groups and individuals, as well as sequential, nested actions by a single actor. Planning produces valuable, sharable, external, representations: in addition to prospective use, plans support retrospective assessment and also action in the present. Viewing planning in a larger context - both temporal and organizational -- enables noticing what one does not know and generating more systemic and effective solutions. Viewing a problem as one of collective intelligence invites thinking about the larger organizational context. Many approaches to supporting collective intelligence do not support execution of highly contingent actions, distributed across many players, and hence provide incomplete support for planning. However, CI technology maybe helpful in managing the processes of gathering information for decision making in planning

  8. [The role and place of pathology services in ensuring and improving the quality of medical care: Organizational and legal aspects].

    Science.gov (United States)

    Timofeev, I V

    2015-01-01

    The paper considers the legal and organizational issues of the activity of pathology services in improving medical care. It shows the main (diagnostic and medico-organizational) areas of pathology work to improve the quality of medical care.

  9. 75 FR 27938 - Approval and Promulgation of Implementation Plans; State of California; Legal Authority

    Science.gov (United States)

    2010-05-19

    ... From the Federal Register Online via the Government Publishing Office ENVIRONMENTAL PROTECTION...- 3974: rios.gerardo@epa.gov . SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and... appendix (entitled ``Appendix II: State Statutes and other Legal Documents Pertinent to Air...

  10. Planning Production and Control: Design of Experiments (DOE) in Legal Service Industry

    OpenAIRE

    Wan Mohd Hirwani Wan Hussain; Mohd Nizam Abdul Rahman; Jaharah A. Ghani; Wan Kamal Mujani; Zinatul Ashiqin Zainol; Noor Inayah Yaakub

    2012-01-01

    This study discusses the importance applying the design of experiment in legal service industry, as they are in manufacturing industries. While this principle is used frequently in the manufacturing and engineering management literature, surprisingly little has been written about the implementing design of experiments in legal service industry and its important roles. We define the concept and describe how it can be mediate by incorporating customer needs and organizations management. Employi...

  11. [Parte III. Ethical and juridical aspects in end-stage chronic organ failures. A position paper on a shared care planning].

    Science.gov (United States)

    Barbisan, Camillo; Casonato, Carlo; Palermo Fabris, Elisabetta; Piccinni, Mariassunta; Zatti, Paolo

    2014-01-01

    The specific target of an experts panel was to assess in terms of law and ethics the compliance of a new specific decision making algorithm described in the position paper proposed by the Gruppo di Lavoro Insufficienze Croniche d'Organo, with the main goal of the position paper consisting in the shared care planning process. The following specific aspects were assessed by the experts: a) the impact on case law and statute law of a new clinical pathway shared by scientific societies in light of good clinical practice and scientific evidence; b) the relevance of all tools useful to identify the appropriateness of care pathways, recognizing responsibilities and decision-making skills related to the end of life choices made by all stakeholders involved (healthcare professionals, patients and their beloved ones); c) the consistency of the healthcare professionals duties proposed in the position paper with the Italian legal order; d) the opportunity to take into account the role of all healthcare providers involved in care relationship; e) the consistency of the definition of patient rights at the end of life as proposed in the position paper with the Italian legal order and the relevance in this context of simultaneous palliative care; f) the relevance of shared care planning and its consistency with the proposed operative tools; g) the relevance of the conscientious objection issue and the compliance of management tools proposed in the position paper with the results of ethical and legal considerations; h) considerations about available resources allocation.

  12. Maternity protection for working women in Argentina: legal and administrative aspects in the first half of the twentieth century.

    Science.gov (United States)

    Biernat, Carolina; Ramacciotti, Karina

    2011-12-01

    This article discusses the construction of social policies aimed at working women as mothers in Argentina. Thus, we examine the legal corpus, the scope of legislation, and the criticisms of its implementation coming from civil society and from medical, legal and political circles. We focus on the debate about the creation of the Caja de Maternidad (1934) and the shifts in the discussions regarding welfare policy for working women during Perón's first term in office. The methodology is based on a qualitative analysis of parliamentary debates, proposals for legislative reform and reactions in the press.

  13. Implementation of Phonetic Orthography of the Ukrainian Language in Galicia and Bukovina in 1892: Political, Legal and National Aspects

    Directory of Open Access Journals (Sweden)

    Ulyana Uska

    2017-07-01

    Full Text Available The article presents an analysis of the Austrian politics regarding the problem of standardization of the Ukrainian language, based on the materials of Austrian State Archives in Vienna and the legal acts of central ministries. We have described the process of introduction of the phonetic spelling in all spheres of life in Galicia and Bukovina, and revealed its geopolitical and nation-oriented meaning. This process was objective and legal; it was based on the principles of the Austro-Slavism and the spirit of modernization.

  14. The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

    Science.gov (United States)

    De Mars, Douglas V.

    2010-01-01

    Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

  15. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one han

  16. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one han

  17. Gender equality in employment and occupation. European Implementation Assessment. ANNEX I, Legal aspects and direct and indirect discrimination

    NARCIS (Netherlands)

    Burri, S.D.

    2015-01-01

    This research paper on the implementation of Directive 2006/54/EC provides an independent legal analysis of the main provisions of this Directive, taking into account relevant case law of the Court of Justice of the EU. The aim of this paper is also to identify gaps in its implementation at the leve

  18. 10 CFR 719.10 - What information must be included in the legal management plan?

    Science.gov (United States)

    2010-01-01

    ... in cost management; (3) The contractor's process for review and approval of invoices from outside law firms or consultants; (4) The contractor's strategy for interaction with, and supervision of, retained... be ensured; and, (6) The contractor's corporate approach to legal decision making. ...

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

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

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

  20. Síndrome del niño maltratado: aspectos médico-legales Battered child syndrome: forensic aspects

    Directory of Open Access Journals (Sweden)

    E. Lachica

    2010-06-01

    Full Text Available El maltrato infantil constituye un problema de profundas repercusiones psicológicas, sociales, éticas, jurídicas y médicas. En el presente trabajo se realiza una revisión histórica, conceptual y médica del problema.Child abuse is a problem with serious psychological, social, ethic, legal and medical repercussions. In this paper an historical, conceptual and medical review of the problem is performed.

  1. Síndrome del niño maltratado: aspectos médico-legales Battered child syndrome: forensic aspects

    OpenAIRE

    E. Lachica

    2010-01-01

    El maltrato infantil constituye un problema de profundas repercusiones psicológicas, sociales, éticas, jurídicas y médicas. En el presente trabajo se realiza una revisión histórica, conceptual y médica del problema.Child abuse is a problem with serious psychological, social, ethic, legal and medical repercussions. In this paper an historical, conceptual and medical review of the problem is performed.

  2. LEGAL ASPECTS OF THE TRANSPOSITION OF DIRECTIVE 2001/23/EC REGARDING THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS IN THE ROMANIAN LAW

    Directory of Open Access Journals (Sweden)

    Felicia BEJAN

    2013-06-01

    Full Text Available The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees' rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law.

  3. Family Planning Evaluation. Abortion Surveillance Report--Legal Abortions, United States, Annual Summary, 1970.

    Science.gov (United States)

    Center for Disease Control (DHEW/PHS), Atlanta, GA.

    This report summarizes abortion information received by the Center for Disease Control from collaborators in state health departments, hospitals, and other pertinent sources. While it is intended primarily for use by the above sources, it may also interest those responsible for family planning evaluation and hospital abortion planning. Information…

  4. General practitioners' preferences with regard to colorectal cancer screening organisation Colon cancer screening medico-legal aspects.

    Science.gov (United States)

    Papin-Lefebvre, Frédérique; Guillaume, Elodie; Moutel, Grégoire; Launoy, Guy; Berchi, Célia

    2017-09-06

    French health authorities put general practitioners at the heart of the colorectal cancer screening. This position raises organisational issues and poses medico-legal problems for the professionals and institutions involved in these campaigns, related to the key concepts of medical decisions and suitability of standards. The objective of our study is to reveal the preferences of general practitioners related to colorectal cancer screening organisation with regard to the medico-legal risk METHODS: A discrete choice questionnaire presenting hypothetical screening scenarios was mailed to 2114 physicians from 20 French different areas. The preferences of 358 general practitioners were analysed using logistic regression models. The factors that have significant impact on the preferences of general practitioners are the capacity of the primary care professional in the procedure, the manner in which pre-screening information is given to patients, the manner in which screening results are given to patients, the number of reminders sent to patients who test positive and who do not undergo a colonoscopy and the remuneration of the attending physician. Our results reveals that current colorectal cancer screening organisation is not adapted to general practitioners preferences. This work offers the public authorities avenues for reflection on possible developments in order to optimize the involvement of general practitioners in the promotion of cancer screening programme. Copyright © 2017 Elsevier B.V. All rights reserved.

  5. Legal concerns for the elaboration of a contingency plan for oil spills in Brazil

    Directory of Open Access Journals (Sweden)

    Antônio José Plácido de Mello

    2010-05-01

    Full Text Available Issues related to the oceans assume vital importance for life on Earth. Environmental monitoring of prospection, exploration and oil transport is imperative in order to prevent and minimize oil and gas accidents. It is necessary to elaborate a Contingency Plan for oil spilling in the sea in the various exploration and production areas, with the collaboration of platform operators. Such strategies may be organized in two parts: the first one containing the plan’s documented policy, and the second presenting the operational plan. A good cooperation among those involved in the accident response plan is critical.

  6. The Secret to Legal Foretelling: Generic and Inter-Generic Aspects of Vagueness in Contracts, Patents and Regulations

    Directory of Open Access Journals (Sweden)

    Ismael Arinas Pellón

    2011-06-01

    Full Text Available In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus. The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.El propósito de este artículo es comparar mediante herramientas de lingüística de corpus el uso de la vaguedad en contratos, legislación y patentes de los EE.UU. La comparación se centra en valorar hasta qué punto estos tres géneros comparten las mismas estrategias de vaguedad lingüística para lograr sus objetivos y sub-objetivos comunicativos. Los tres corpus compilados para este estudio comparten una combinación, tanto de lenguaje legal, como tecnológico y cada uno de ellos consta de algo más de un millón de tokens. El resultado de nuestra investigación apunta a que estos tres géneros comparten convenciones en el uso deliberado de tipos de vaguedad lingüística, pero la fraseología concreta de la vaguedad aplicada no es normalmente la misma. La conclusión es que, en este último nivel fraseológico, la situación subyacente en cada género es más importante que el común carácter legal de los géneros cuando se trata de introducir la vaguedad de forma explícita en el texto.

  7. Health Aspects of Climate Change in Cities with Mediterranean Climate, and Local Adaptation Plans

    Science.gov (United States)

    Paz, Shlomit; Negev, Maya; Clermont, Alexandra; Green, Manfred S.

    2016-01-01

    Cities with a Mediterranean-type climate (Med-cities) are particularly susceptible to health risks from climate change since they are located in biogeographical hot-spots that experience some of the strongest effects of the changing climate. The study aims to highlight health impacts of climate change in Med-cities, analyze local climate adaptation plans and make adaptation policy recommendations for the Med-city level. We identified five Med-cities with a climate change adaptation plan: Adelaide, Barcelona, Cape Town, Los Angeles and Santiago. Beyond their similar Med-climate features (although Santiago’s are slightly different), the cities have different socio-economic characteristics in various aspects. We analyzed each plan according to how it addresses climate change-related drivers of health impacts among city dwellers. For each driver, we identified the types of policy adaptation tools that address it in the urban climate adaptation plans. The surveyed cities address most of the fundamental climate change-related drivers of risks to human health, including rising temperatures, flooding and drought, but the policy measures to reduce negative impacts vary across cities. We suggest recommendations for Med-cities in various aspects, depending on their local needs and vulnerability challenges: assessment of health risks, extreme events management and long-term adaptation, among others. PMID:27110801

  8. Health Aspects of Climate Change in Cities with Mediterranean Climate, and Local Adaptation Plans.

    Science.gov (United States)

    Paz, Shlomit; Negev, Maya; Clermont, Alexandra; Green, Manfred S

    2016-04-21

    Cities with a Mediterranean-type climate (Med-cities) are particularly susceptible to health risks from climate change since they are located in biogeographical hot-spots that experience some of the strongest effects of the changing climate. The study aims to highlight health impacts of climate change in Med-cities, analyze local climate adaptation plans and make adaptation policy recommendations for the Med-city level. We identified five Med-cities with a climate change adaptation plan: Adelaide, Barcelona, Cape Town, Los Angeles and Santiago. Beyond their similar Med-climate features (although Santiago's are slightly different), the cities have different socio-economic characteristics in various aspects. We analyzed each plan according to how it addresses climate change-related drivers of health impacts among city dwellers. For each driver, we identified the types of policy adaptation tools that address it in the urban climate adaptation plans. The surveyed cities address most of the fundamental climate change-related drivers of risks to human health, including rising temperatures, flooding and drought, but the policy measures to reduce negative impacts vary across cities. We suggest recommendations for Med-cities in various aspects, depending on their local needs and vulnerability challenges: assessment of health risks, extreme events management and long-term adaptation, among others.

  9. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Directory of Open Access Journals (Sweden)

    Puybasset Louis

    2011-02-01

    Full Text Available Abstract To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  10. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Science.gov (United States)

    2011-01-01

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. PMID:21303504

  11. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective.

    Science.gov (United States)

    Baumann, Antoine; Claudot, Frédérique; Audibert, Gérard; Mertes, Paul-Michel; Puybasset, Louis

    2011-02-08

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  12. Legal aspects and conflicts in the context of offshore wind power plant licensing in the exclusive economic zone; Rechtliche Probleme der Zulassung von Windkraftanlagen in der ausschliesslichen Wirtschaftszone (AWZ)

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S. [Rechtsanwaltskanzlei Schmidt-Wottrich, Jungnickel und Partner, Berlin (Germany)

    2001-11-01

    The analysis presented discusses in depth the existing German laws, regulations and legal instruments, including constitutional case law, as well as European Directives and rulings of the European Court of Justice, which are to be observed in the context of planning and licensing of offshore wind power plants, in particular in the exclusive economic zone. The author elaborates on deficits in the system of applicable German law, incompatibility aspects with European law, and resulting problems. The conclusions to be considered by the German legislator are explained, and the author presents his recommendations in a list of ten items, addressing aspects of amendment and consolidation of existing German law, and harmonisation with European law. (orig./CB) [German] Diese Analyse untersucht alle nationalen und internationalen Rechtsgrundlagen und Instrumentarien, sowie Anforderungen und Bedingungen, die sich aus Gerichtsentscheidungen des Bundesverfassungsgerichts und des Europaeischen Gerichtshofes ergeben, die bei der Genehmigung von Windkraftanlagen in Kuestengewaessern und in der ausschliesslichen Wirtschaftszone (AWZ) beachtet werden muessen. Der rechtlich wichtigste Bereich ist die AWZ, der ausfuehrlich behandelt wird. Es werden Defizite im deutschen Recht aufgezeigt, Unvereinbarkeiten mit europaeischem Recht und daraus resultierende Probleme. In der Schlussfolgerung wird empfohlen, die deutschen rechtlichen Bestimmungen neu zu ordnen. Eine entsprechende Ausgestaltung wird anhand von 10 konkreten Ansatzpunkten erlaeutert. (orig./CB)

  13. Indigenous Legal Translators: Challenges of a University Program for the Maya of Guatemala.

    Science.gov (United States)

    Herrera Pena, Guillermina; Raymundo, Jorge Manuel

    1998-01-01

    Guatemala is overhauling its justice system to be more congruent with its indigenous reality. A Rafael Landivar University program trains indigenous legal translators not only in legal and linguistic aspects, but also in strengthening indigenous identity and student commitment to the community. Challenges and future plans are described. A former…

  14. Scientific analysis and historical aspects as tools in the legal investigation of paintings: a case study in Brazil.

    Science.gov (United States)

    Schossler, Patricia; de Figueiredo Júnior, João Cura D'Ars; Fortes, Isabel; Cruz Souza, Luiz Antônio

    2014-12-01

    The faker makes use of several strategies to give credibility to his work, as for example by copying artist's style or by using artificial aging techniques. The characterization of artistic materials, such as pigments, binding media and supports through chemical and/or physico-chemical analysis, coupled with art historical information is essential to establish the non-authenticity of works of art. This paper presents a contribution in a legal case regarding paintings attributed to important Brazilian and European artists such as Candido Portinari, Juan Gris, Camille Pissarro, and Umberto Boccioni, among others. In the investigation, modern synthetic painting materials were identified in all the ground layers of the suspected paintings. The use of diverse instrumental analytical techniques such as Fourier transform infrared spectroscopy, polarized light microscopy and pyrolysis-gas chromatography/mass spectrometry enabled this characterization. The results demonstrated the presence of titanium dioxide, calcium carbonate and kaolin as inorganic components of the paints, and polyvinyl acetate copolymerized with vinyl versatates or diisobutylphtalate as binding media in the ground layers of the paintings. The results obtained, along with art historical information and art technological studies, were very important in the judicial process, due to the possibility to use titanium dioxide and polyvinyl acetate copolymerized with vinyl versatates as chronological markers.

  15. Medico legal aspects of self-injection of metallic mercury in cases of suicide or self-harming.

    Science.gov (United States)

    Da Broi, Ugo; Moreschi, Carlo; Colatutto, Antonio; Marcon, Barbara; Zago, Silvia

    2017-08-01

    Metallic mercury may be self-injected for suicidal or self-harm purposes or sometimes for superstitious or other inadvisable reasons. Local tissue or systemic consequences such as mercurialism can frequently occur in cases of subcutaneous or deep injection, while death due to pulmonary embolism and cardiac, brain, hepatic or renal toxicity may occur in cases of high dosage intravenous administration. The aim of this review is to focus on the diagnostic difficulties facing coroners and forensic pathologists when the courts require confirmation that evidence of self-injection of metallic mercury is the result of suicide or self-harming. Forensic examination performed on the corpses of victims who died in or out of hospital or on surviving injured or intoxicated victims showing signs of mercurialism, demands the careful evaluation of the death scene, of all related circumstances and of the clinical and autopsy data. Close interaction between forensic pathologists and toxicologists is also needed to identify and quantify mercury levels in blood, urine and tissue. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  16. Rehabilitation of former East German mining districts: Technical, economic, legal, and political aspects; Wiedernutzbarmachung ehemaliger ostdeutscher Bergbaugebiete - technische, wirtschaftliche, rechtliche und politische Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-31

    The conference papers focus on the following main aspects involved in activities relating to the rehabilitation or decommissioning and safe post-shutdown operation of former uranium ore, potash or surface brown coal mining sites: regional development planning, Land development planning, water resources management and rehabilitation, soil mechanics and related problems, radiation protection issues in connection with the former uranium ore mining districts, geotechnical and hydrological aspects to be considered with underground mines. Separate subject analyses and abstracts of twelve of the conference papers are available in the ENERGY database. (orig/CB) [Deutsch] Die Sanierung und Verwahrung ehemaliger Bergwerke in den Bereichen Braunkohletagebau, Uran-und Kalibergbau betreffend werden folgende Schwerpunktthemen behandelt: Raumordnung, Landesplanung, Sanierung des Wasserhaushalts, Probleme der Bodenmechnik, Strahlenschutzprobleme bei der Sanierung der Uranerzbergbaugebiete, geotechnische und hydrologische Aspekte bei der Verwahrung untertaegiger Bergwerke sowie Wirtschaft und Umwelt. Es wurden 12 Beitraege separat fuer die Datenbank Energy aufgenommen.

  17. ETHICAL AND LEGAL ASPECTS OF INFECTOLOGY AND VACCINE PROPHYLAXIS. Part 1. Bioethics and social justice in infectious pathology

    Directory of Open Access Journals (Sweden)

    O. I. Kubar

    2011-01-01

    Full Text Available Abstract. The serial materials on the history of establishment and the modern concepts of bioethics in the field of infectious pathology is planned to present in several articles. In the current report problems of forming and compliance of social responsibility are considered. It is demonstrated the universal importance of ethic principles and specificity of their realization in the different stages of combating with infectious diseases. 

  18. The legal aspects of the termination of unwanted pregnancies and the risks faced by the medical doctor: a UK perspective.

    Science.gov (United States)

    Gibson, C

    2003-03-01

    Historical perspective of terminations of unwanted pregnancies in the UK. Moral and ethical considerations imposed by established church's teachings becoming increasingly in conflict with the wishes and expectations of a more secular society. Recognition that illegal abortion was, as a matter of fact available, at great risk to vulnerable girls and women. Eventually public demand and a radical and reforming government led to the current Statutory Framework. Statutory provisions: Offences against the Person Act 1861, Sections 58 and 59; Infant Life Preservation Act 1929 Section 1. Recognition of the limited flexibility allowed by the law in the original restrictive statutory framework. The direction to the jury in July 1938 by Macnaghten J in the case of R. v. Bourne [1939] 1 KB 687, where an eminent obstetrician was acquitted after carrying out an abortion on a young rape victim. Then the modern statutory provisions: Abortion Act 1967, amended by the Human Fertilisation and Embryology Act 1990. The statutory framework provides for healthcare professionals not to have to take part in terminations if they have a conscientious objection to doing so. While there are still fierce challenges from moral pressure groups when any changes in the detail of the law are proposed--such as reducing the maximum gestation period for a lawful termination--as a whole society seems to have accepted the current law. Issues affecting doctors who consider and provide terminations; current medico-legal problems relating to wanted pregnancies that have been lost by reason of clinical negligence, and unwanted children that have been born by reason of clinical negligence.

  19. The intellectual property of content published in virtual campuses: what legal and technological aspects should be considered?

    Directory of Open Access Journals (Sweden)

    Carina Soledad González-González

    2017-01-01

    Full Text Available Actualmente, todas las universidades tienen plataformas de teleformación (LMS para apoyar su docencia presencial o brindar titulaciones a distancia o semipresenciales. Estas plataformas se conocen como Campus Virtuales . Los Campus Virtuales de las instituciones educativas se han ido convirtiendo paulatinamente en repositorios institucionales de contenido educativo. El contenido que alojan dichos campus virtuales es principalme nte material de apoyo docente producido por el propio profesorado universitario para el alumnado de la misma institución, y el acceso está restringido a la comunidad universitaria. Asimismo, las universidades están legalmente obligadas a tener repositorios de contenidos digitales en abierto y a difundir en abierto su producción académica financiada con fondos públicos. Sin embargo, las entidades de derechos de autor reclaman a las universidades el pago de dichos derechos, alegando que existe infracción en l a publicación de contenidos digitales para uso docente en los campus virtuales . Al existir millones de recursos educativos publicados por el profesorado y por el alumnado en las aulas virtuales , actualizándose permanentemente, se hace materialmente imposib le su revisión y control por parte de los servicios universitarios responsables, y por ello, las entidades de gestión piden el pago de una “cuota”, no de los materiales publicados que están realmente protegidos con copyright . Por ello, en este trabajo pres entamos un análisis del marco legal de los derechos de autor y la propiedad intelectual de los contenidos digitales de las universidades, especialmente para el contexto español, así como distintas soluciones tecnológicas que permiten promover el acceso abi erto a los contenidos. En particular, se presenta el caso de la Universidad de La Laguna, y las acciones que se han llevado a cabo en este sentido, incluyendo un desarrollo tecnológico para Moodle que permite identificar el contenido

  20. Diagnóstico Plan Regulador de Alajuela: Participación/Legal-Institucional

    OpenAIRE

    Programa de Investigación en Desarrollo Urbano Sostenible (ProDUS)

    2009-01-01

    Este documento presenta datos, información y análisis propios de un diagnóstico que se elabora para diseñar un plan regulador cantonal de Alajuela , Costa Rica. También presenta los retos inmediatos y estratégicos que enfrentan los pobladores de la isla individual y colectivamente. Incluye múltiples partes: un diagnóstico biofísico que incluye mapas de uso del suelo. Una evaluación de los recursos biológicos, amenazas naturales, la orografía y topografía, la geología, capacidad de uso del sue...

  1. Technical seminar on photovoltaic systems. Day 1: Technical fundamentals - quality - performance. Day 2: Legal aspects - financing - taxation - warranties - insurance. Proceedings; Fachseminar Photovoltaik-Anlagen. 1. Tag: Technische Grundlagen - Qualitaet - Ertraege / 2.Tag: Recht - Finanzierung - Steuern - Garantie - Versicherung. Seminarband

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2005-07-01

    The proceedings volume contains the manuscripts of this two-day seminar, during which two different aspects of PV systems were gone into. The first day covered technical fundamentals, quality and performance aspects: (1) Site selection; (2) Plant construction and power supply to the public grid; (3) Technical rules and regulations; (4) Quality assurance; (5) Energy yield. The second day was dedicated to legal and financial aspects, taxation, warranties and insurance: (a) Economically efficient operation of PV systems, reimbursement contracts; (b) Financing and taxation; (c) Insurance problems; (d) Warranty aspects. The manuscripts of the first day are in the form of reproduced overhead slides and four other fulltext contributions. (orig.)

  2. Analysis of the political and legal environment in the context of the strategic planning in tourism and hospitality sector

    Directory of Open Access Journals (Sweden)

    Maria Teresa Fernández Alles

    2011-11-01

    Full Text Available Tourism companies are caught in a changing environment, characterized by technological advances, increased global competition and the consequences of the global economic crisis. Under these circumstances, tourism companies are forced to devise marketing strategies and implement strategic plans. Well, to understand the marketing and developing effective strategies is to understand the context in which the company operates, since it will generate market opportunities and threats presented that will condition their future. Among the forces that comprise the business environment are the economy, society, politics, demographics, among others. One of the most significant demographic phenomena for tourism enterprises in the last decade has been the increase in the disabled population, combined with greater participation in the tourism sector itself. However, this participation could be even greater if both destinations and companies comprising it were accessible to the disabled. The scant attention paid to them until recently, disabled people, and especially their right to leisure and enjoy your free time, have led to tourist destinations not accessible to disabled tourists. The present work is focused on the study of political and legal environment in the tourism sector in general and in the hotel sector, particularly regarding accessibility.

  3. Studies on Legal Regulation of Administrative Planning%行政规划的法律规制研究

    Institute of Scientific and Technical Information of China (English)

    云凤飞

    2012-01-01

    To adapt to the course of the rule of law, as an important part of it--law based administration should be comprehensively advanced. Administrative Planning as a new type of administrative activity is increasingly applied to political economic and cultural etc sphere. As a result, we should fully bring administrative planning into the orbit of the rule of law and regulate it by law. Weaving network from the organization action and supervision aspects is based on the results of home and abroad research on administrative planning.%为适应依法治国的进程,其重要组成部分——依法行政也必须全面地推进。行政规划作为一种新型的行政活动,日益广泛地存在于政治、经济、社会、文化等领域。因此,我们也应当将行政规划全面纳入依法行政的轨道,对其进行法律规制。在总结、分析国内外行政规划法律规制研究成果基础上,从行政规划的组织、行为、监督三大方面编织法律规制之网

  4. Physics aspects of prostate tomotherapy: Planning optimization and image-guidance issues

    Energy Technology Data Exchange (ETDEWEB)

    Fiorino, Claudio; Alongi, Filippo; Broggi, Sara (Medical Physics, S. Raffaele Inst., Milano (Italy)) (and others)

    2008-08-15

    Purpose. To review planning and image-guidance aspects of more than 3 years experience in the treatment of prostate cancer with Helical Tomotherapy (HT). Methods and materials. Planning issues concerning two Phase I-II clinical studies were addressed: in the first one, 58 Gy in 20 fractions were delivered to the prostatic bed for post-prostatectomy patients: in the second one, a simultaneous integrated boost (SIB) approach was applied for radical treatment, delivering 71.4-74.2 Gy to the prostate in 28 fractions. On-line daily MVCT image guidance was applied: bone match was used for post-operative patients while prostate match was applied for radically treated patients. MVCT data of a large sample of both categories of patients were reviewed. Results. At now, more than 250 patients were treated. Planning data show the ability of HT in creating highly homogeneous dose distributions within PTVs. Organs at risk (OAR) sparing also showed to be excellent. HT was also found to favorably compare to inversely-optimized IMAT in terms of PTVs coverage and dose distribution homogeneity. In the case of pelvic nodes irradiation, a large sparing of bowel was evident compared to 3DCRT and conventional 5-fields IMRT. The analysis of MVCT data showed a limited motion of the prostate (about 5% of the fractions show a deviation =3 mm in posterior-anterior direction), due to the careful application of rectal emptying procedures. Based on phantom measurements and on the comparison with intra-prostatic calcification-based match, direct visualization prostate match seems to be sufficiently reliable in assessing shifts =3 mm. Conclusions. HT offers excellent planning solutions for prostate cancer, showing to be highly efficient in a SIB scenario. Daily MVCT information showed evidence of a limited motion of the prostate in the context of rectal filling control obtained by instructing patients in self-administrating a rectal enema

  5. Renewable energy and the function of law : a comparative study of legal rules related to the planning, location and installation of windmills

    Energy Technology Data Exchange (ETDEWEB)

    Pettersson, Maria

    2008-11-15

    Swedish energy policy relies heavily on the promotion of renewable energy, in particular wind power. Notwithstanding a substantial political and economic support for this development, the installed capacity of wind power in Sweden remains fairly small both in relation to the corresponding development in other countries and in absolute numbers. The starting point for this study is that the implementation of a planning policy, such as the Swedish development goal for wind power, is partly dependent on the requirements of the law. In other words, in the face of supposedly strong economic incentives to promote wind power, barriers to the implementation might be found embedded in the institutional system. The purpose of this study is thus, primarily, to describe and analyse the function of Swedish law with reference to the implementation of renewable energy policy objectives, with focus on the development of wind power. This involves legal rules related to planning, location and operation of windmills. The legal system is evaluated in respect of its capacity to facilitate or impede the development of wind power. Secondly, the study includes a comparative analysis of the corresponding legal functions in Denmark, Norway and England. The result of the analysis of Swedish law indicates that the legal system governing the implementation process encompasses barriers to the development of wind power. The main obstacles are found in the system for physical planning and the concession system, although quite a few hindering individual provisions have also been disclosed. The lack of sufficient control functions together with an extensive municipal power creates an unpredictable and ineffective planning system that basically lacks confidence for an efficient implementation of wind power. The installation of windmills may further require as many as five different types of permits, which risks to seriously hamper the development due to lengthy processes and appeals. Among the

  6. Tax planning in corporation

    OpenAIRE

    Nevodnicheva, Yulia

    2010-01-01

    This thesis "Tax planning in corporation" puts brain to legal entity income tax and it is looking for possible solutions in tax planning in corporation. The first part deals with the tax theory, the other part is the theory of tax planning, comparison of tax regimes and tax policy and tax revenue by optimizing both internationally and in the local aspect. The last part discusses options for optimizing tax

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

    Directory of Open Access Journals (Sweden)

    Marta Ciuffi

    2014-06-01

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

  8. ERGONOMIC ASPECTS IN THE PLANNING AND EXECUTION OF PROJECTS: A TEXTILE PRODUCTS DISTRIBUTION CENTER PROJECT CASE STUDY

    Directory of Open Access Journals (Sweden)

    Emerson Lourenço da Silva

    2013-01-01

    Full Text Available The planning and execution phases of a distribution center project of a large textile industry was made, evaluating the ergonomic aspects related to the operations to be performed in the facility and staff anthropometric data. The ergonomic collaborative analysis of the tasks associated with the method of movement plotting, guided the planning of the picking, manual induction and order consolidation areas from the distribution center. Using this methodology, it was possible to obtain a proper ergonomically project planning and execution of the three studied areas.

  9. Integration of FDG-PET/CT into external beam radiation therapy planning Technical aspects and recommendations on methodological approaches

    NARCIS (Netherlands)

    Thorwarth, D.; Beyer, T.; Boellaard, R.; De Ruysscher, D.; Grgic, A.; Lee, J. A.; Pietrzyk, U.; Sattler, B.; Schaefer, A.; van Elmpt, W.; Vogel, W.; Oyen, W. J. G.; Nestle, U.

    2012-01-01

    This work addresses the clinical adoption of FDG-PET/CT for image-guided radiation therapy planning (RIP). As such, important technical and methodological aspects of PET/CT-based RIP are reviewed and practical recommendations are given for routine patient management and clinical studies. First, rece

  10. Integration of FDG-PET/CT into external beam radiation therapy planning. Technical aspects and recommendations on methodological approaches.

    NARCIS (Netherlands)

    Thorwarth, D.; Beyer, T.; Boellaard, R.; Ruysscher, D. de; Grgic, A.; Lee, J.A.; Pietrzyk, U.; Sattler, B.; Schaefer, A.; Elmpt, W. van; Vogel, W.; Oyen, W.J.G.; Nestle, U.

    2012-01-01

    This work addresses the clinical adoption of FDG-PET/CT for image-guided radiation therapy planning (RTP). As such, important technical and methodological aspects of PET/CT-based RTP are reviewed and practical recommendations are given for routine patient management and clinical studies. First, rece

  11. Trabalho infanto-juvenil: motivações, aspectos legais e repercussão social Child and adolescent labor: factors, legal aspects, and social repercussions

    Directory of Open Access Journals (Sweden)

    Otávio Cruz Neto

    1998-04-01

    analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  12. ETHICAL AND LEGAL ASPECTS OF INFECTIONS DISEASES AND VACCINATION Part 4. The balance between universal ethical and ecoethics principles on zooanthroponosis

    Directory of Open Access Journals (Sweden)

    O. I. Kubar

    2015-01-01

    Full Text Available The current paper continued the presentation of the data on ethical, legal and social aspects of the problems connected with the study for prevention infections diseases, additionally including the wide list of infections diseases and increasing the specter of ethical problems in the science in comparision with previous publications in this aria. The investigation of the balance universal ethical principles and ecoethics in the field of zooanthroponosis has been done first time in this paper. Data of the paper are based on the scientific and professional experience of the authors both in infections diseases and bioethics and give the analysis of main international UNESCO documents on bioethics and ecoethics. The principal element that has been used by authors for analysis was the view on epidemiology of zooanthroponosis as ecological process for integration between ethiological agents of infections diseases on the real population of different animals including human beings. Such approach became the base for including the biological, social, economical, topographic and environmental factors for investigation the principals of control and prevention in the aria of zooanthroponosis. In the paper has been presented the set of both environmental principles: common and practical. Theoretical picture of the application the philosophical standards of environmental ethics has been done in real conditions of ethiology, patogenics, epidemiology, clinic, treatment and prevention such kinds of zooanthroponosis as: eastern equine encephalitis, tick borne encephalitis, leptospirosis, Q-fever, tularemia, hemolytic uremic syndrome, listeriosis, West Nile fever, pseudo-tuberculosis and others. In the frame of the understanding ideology and principless of environmental ethics such as “respect for all life forms, human and non-human” and “respect for biodiversity” in the practical situation of zooanthroponosis the priority of prevention human being and

  13. Some theoretical aspects of strategic planning under present-day business conditions

    OpenAIRE

    Протасова, Лариса Валеріївна

    2016-01-01

    The models of strategic planning process recommended by national and foreign scholars have been considered. The main stages of the process of strategic planning of enterprise’s activity and development have been determined.

  14. 76 FR 59066 - Notice of Regulatory Review Plan

    Science.gov (United States)

    2011-09-23

    ...; ] FEDERAL HOUSING FINANCE AGENCY 12 CFR Chapter XII Notice of Regulatory Review Plan AGENCY: Federal Housing...) is issuing a notice of and requesting comments on the FHFA interim regulatory review plan for review.... Comments FHFA invites comments on all aspects of the interim regulatory review plan, including legal...

  15. Responsibility without legal authority? Tackling alcohol-related health harms through licensing and planning policy in local government

    OpenAIRE

    2013-01-01

    BACKGROUND The power to influence many social determinants of health lies within local government sectors that are outside public health's traditional remit. We analyse the challenges of achieving health gains through local government alcohol control policies, where legal and professional practice frameworks appear to conflict with public health action. METHODS Current legislation governing local alcohol control in England and Wales is reviewed and analysed for barriers and opportunities to i...

  16. Financial Exigency and Dismissal of Higher Education Faculty: Be Prepared. An Investigation Carried Out as Part of a Study of the Legal Aspects of Higher Education.

    Science.gov (United States)

    Green, Rod E.

    The way that college faculty and institutions are affected by financial exigency is examined through a study of case law. Selected cases demonstrate the legal principles involved when faculty are dismissed and seek relief in the courts. Cases concerning private colleges relate to tenured faculty, because nontenured faculty in private have legal…

  17. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  18. Speed, vitality and innovation in the reinvention of Georgian planning aspects of integration and role formation

    NARCIS (Netherlands)

    Assche, van K.A.M.; Salukvadze, J.; Duineveld, M.

    2012-01-01

    In this paper, we investigate the influence of speedy reform in a transitional country on the reinvention of spatial planning. For the country of Georgia, we briefly outline the evolution of the planning system since communism, and then analyse through two case studies how the specific transitional

  19. Reproductive aspects and knowledge of family planning among women with Acquired Immunodeficiency Syndrome.

    Science.gov (United States)

    Lima, Ivana Cristina Vieira de; Cunha, Maria da Conceição Dos Santos Oliveira; Cunha, Gilmara Holanda da; Galvão, Marli Teresinha Gimeniz

    2017-05-25

    To analyze the reproductive aspects and knowledge of family planning among women with Acquired Immunodeficiency Syndrome (AIDS). Cross-sectional and descriptive study carried out from January to December, 2015, in the outpatient care of infectious disease unit in a hospital located in Fortaleza, Ceará. Data were collected through a form applied by interview in a private setting. 102 women participated in the study. Most were aware that they were serologically positive with human immunodeficiency virus (HIV) during prenatal care (96.1%) and did not intend to have more children (63.7%). Women who were less than 39 years of age, had a higher educational level, and a shorter time of antiretroviral therapy had better chances of having children (p≤0.05). Having a steady partner increased the chance of desiring to have children, while tubal ligation was higher among women that did not receive counseling on family planning. Knowledge of family planning was limited because of lack of assistance provided by health professionals. Analisar aspectos reprodutivos e conhecimento sobre planejamento familiar de mulheres com síndrome da imunodeficiência adquirida (Aids). Estudo transversal, descritivo, realizado de janeiro a dezembro de 2015, no ambulatório de infectologia de um hospital em Fortaleza, Ceará. Os dados foram coletados por meio de formulário, aplicado por entrevista em ambiente privativo. Participaram do estudo 102 mulheres. A maioria delas teve conhecimento da sorologia positiva para vírus da imunodeficiência humana (HIV) durante o pré-natal (96,1%), e estas não pretendiam mais ter filhos (63,7%). Mulheres com idade menor que 39 anos, maior escolaridade e menor tempo de terapia antirretroviral tiveram maiores chances de ter filhos (p≤0,05). Mulheres com idade menor que 39 anos e maior escolaridade tiveram maiores chances de ter informações corretas sobre ter filhos na vigência do HIV (p≤0,05). Ter parceiro fixo aumentou a chance de desejar ter

  20. Planning and conducting meetings effectively, part II: Some component aspects of a meeting.

    Science.gov (United States)

    Harolds, Jay A

    2012-01-01

    There are many components of a decision-making meeting. The role of the chairperson, important aspects of how to begin a meeting, the technique of brainstorming, and follow-up after a meeting are described in this article.

  1. Mutilación genital femenina: Revisión y aspectos de interés médico legal Female genital mutilation: Review and aspects of medico-legal interests

    Directory of Open Access Journals (Sweden)

    MA. Gallego

    2010-09-01

    Full Text Available La progresiva llegada a España de personas procedentes del África subsahariana ha evidenciado la práctica de una serie de rituales ancestrales en niñas, perjudiciales para su salud, y que se engloban dentro del concepto de mutilación genital femenina (MGF. En nuestro país estas prácticas están tipificadas como delito de lesiones y, por lo tanto, son susceptibles de plantear valoraciones médico legales. Es por ello que consideramos de especial importancia el conocimiento por parte de los profesionales de la medicina forense de una serie de aspectos generales sobre estas prácticas.The gradual arrival in Spain of people from sub-Saharan Africa, has highlighted the practice of a series of ancient rituals in girls, harmful to their health, and which are encompassed within the concept of Female Genital Mutilation in accordance with the WHO definition. In our country these acts are classified as a crime of injury. Therefore they are likely to raise legal medical evaluations. We consider it particularly important knowledge of these practices on the part of professionals in the forensic medicine.

  2. Participation in physical planning

    Directory of Open Access Journals (Sweden)

    Zlata Ploštajner

    2003-01-01

    Full Text Available Physical planning is also a political activity. Therefore participation is a necessary form of democratic actions undertaken by individuals and groups that strive for democratisation of civil society and strengthening of democratic social values. Public participation of citizens, legal subjects, interest groups and others in physical planning is essential even from the aspect of ensuring success and efficiency of planning documents, if the idea is to devise a plan, which the people would be ready and capable of implementing. Thus the role of the physical planner is changing from technical expert to mediator or anchor-person, who nevertheless has to operate within a normative framework.

  3. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  4. From Landscape Research to Landscape Planning : Aspects of Integration, Education and Application

    NARCIS (Netherlands)

    Tress, B.; Tress, G.; Fry, G.; Opdam, P.F.M.

    2006-01-01

    Research policy favours projects that integrate disciplinary knowledge and involve non-academic stakeholders. Consequently, integrative concepts - interdisciplinarity and transdisciplinarity - are gaining currency in landscape research and planning. Researchers are excited by the prospect of merging

  5. Didactical-methodical aspects of planning the educative work at the Macedonian educational system

    OpenAIRE

    Mirascieva, Snezana

    2010-01-01

    This paper is about one new didactical- methodical approach in the planning of the educational work at the educational institutions in Macedonia which is in function of the professional development of the teaching staff. The paper presents a new practice which is introduced at the educational system in Republic of Macedonia, and which refers on two key questions like integrated planning of the educational work and ecology education at the educational institutions on three levels: pre-school, ...

  6. Macroeconomíc aspects of the development plan Aspectos macroeconómicos del plan de desarrollo

    Directory of Open Access Journals (Sweden)

    Lorente Luis

    1999-06-01

    Full Text Available Shortly after the economic opening, the economy began a cycle of rapid growth and accumulation of deficits, followed by another stage of monetary correctives which brake growth, but don't eliminate the causes of the disequilibrium. The Development Plan reduces the fiscal deficit and it is probable that the next expansion phase will last three years, instead of the barely one year that the previous expansion lasted. But the current account deficit of the balance of payments persists, and willgrow when privatizations slow down toward the third year of the Plan. The country needs outside capital to sustain its growth and modernize its production; thus private debt and foreign investment will continue togrow, along with foreign debt servicing and the repatriation of the profits of capital. Reducing the trade deficit to almost zero by 2002 is not enough; a surplus must be generated, that is, in addition to increasing exports we must substitute imports, but without the simplistic protectionism of the pasto instead of high tariffs, sources of risk capital must be created which are willing to finance new firms, technological innovations, and production of goods with sufficient quality and pricesto substitute for a good part of what we now import.Poco despues de la apertura, la economia inicio un ciclo de crecimiento rapido y acumulacion de deficits, seguido por otra etapa de correctivos monetarios que frenan el crecimiento, pero que no eliminan las causas del desequilibrio. El plan de desarrollo reduce el deficit fiscal y es probable que la proxima fase de expansion dure tres años, en lugar del año escaso que duro el anterior. Pero subsiste el deficit de cuenta corriente de balanza de pagos, que crecera cuando bajen las privatizaciones hacia el tercer año del plan. El pais necesita del capital externo para sostener su crecimiento y modernizar su produccion, asi que seguiran creciendo la deuda privada y la inversion extranjera y, con ellas, el

  7. The Understanding of Right Depriving Jural Facts in Respect to the Reasons of Deprivation of Right of Property: Legal Civil Aspect

    Directory of Open Access Journals (Sweden)

    Kostruba A.

    2013-01-01

    Full Text Available The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property, cessation of the owner existance (death of a natural person, liquidation of the legal entity, transaction on alienation (alienation of the property by the owner, requisition, administrative act (abandonement of the property by the owner, foreclosure on the property for the owner obligations, seizure. Such deprivation of property rights as termination of the right to property, which can not belong to the person, and the compulsory acquisition may occur through jural facts like seizure or administrative act. In the case of requisition termination of right takes place directly at the moment the relevant administrative act comes into force. In other words only destruction of property, death of a natural person or legal entity liquidation can be regarded totally as depriving jural facts. All jural facts of right of property deprivation can be grouped but can not be reduced to basic groups. The law model must determine the circumstances under which the model will lead to the desired legal result, otherwise the legal facts were too extensive and could take place even in undesirable cases. In this context these circumstances are conditions of jural fact o occurence. That is why, for example, "termination of the right to property, which can not belong to the person" is only a general name of right-depriving jural fact or even a specific mechanism of depriving the right itself, and therefore includes in its content as well as the actual jural fact and

  8. Legalization White Paper.

    Science.gov (United States)

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  9. La huelga de hambre en el ámbito penitenciario: aspectos éticos, deontológicos y legales Hunger striking in prisons: ethics and the ethical and legal aspects

    Directory of Open Access Journals (Sweden)

    J. García-Guerrero

    2013-06-01

    Full Text Available La huelga de hambre es una forma de reivindicación frecuente en prisiones y puede llegar a ocasionar multitud de problemas de todo tipo, tanto a la Administración penitenciaria como a los médicos encargados de la asistencia a los presos que la hacen. Asuntos como el conflicto de derechos y obligaciones en juego, así como la forma de tratarla en personas que están sujetas a la Administración, que en este caso adopta una posición de garante, han generado no poca polémica doctrinal. La objeción de conciencia y el conflicto de doble fidelidad de los médicos que trabajan en las prisiones son también asuntos muy ligados a una huelga de hambre penitenciaria. En este trabajo se revisará la solución que se da al problema del tratamiento de la huelga de hambre penitenciaria desde tres perspectivas: ética, deontológica y legal.Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  10. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  11. [Terrorists' target World Cup 2006: disaster medicine on the sidelines?! Aspects of hospital disaster planning].

    Science.gov (United States)

    Weidringer, J W; Ansorg, J; Ulrich, B C; Polonius, M-J; Domres, B D

    2004-09-01

    Focussing on possible mass casualty situations during events such as the soccer world championship in 2006, the Professional Board of Surgeons in Germany and the German Society for Surgery canvassed surgeons-in-chief in the last quarter of 2003 concerning disaster plans for hospitals. The rate of returned questionnaires amounted to 26% covering the following areas of interest: plans-ready to use, known by the employees as well as by the rescue coordination center, performance of exercises, and concepts on decontamination and detoxification. Based on past numbers of casualties during soccer disasters, an excursus into details also includes a description of an approach to reduce the danger of bottleneck effects at doors. A preliminary concept based on the upcoming system for funding hospitals in Germany and including new partnerships is outlined, succeeded by some hopefully helpful hints for a web-based hospital disaster plan.

  12. Economic aspects in landscape decision-making: a participatory planning tool based on a representative approach

    NARCIS (Netherlands)

    Heide, van der C.M.; Blaeij, de A.T.; Heijman, W.J.M.

    2008-01-01

    In this paper, we develop a method for spatial decision support that combines economic efficiency â¿¿ measured by the concept op willingness to pay â¿¿ with a participatory planning tool, that allows for an active collaboration among the actors involved, in such a way that decision makers can

  13. Some Aspects of Language Planning in Quebec and in Finland. Discussion Papers in Geolinguistics, 17.

    Science.gov (United States)

    Laporte, Pierre-Etienne; Maurais, Jacques

    This report discusses and compares language planning and the Swedish-speaking minority in Finland and the English-speaking minority in Quebec. The report discusses four issues: historical minorities and the demographic dynamic; municipalities; the language of work; and other minority language groups. It is concluded that, despite numerous surface…

  14. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  15. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

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

  16. Consentimiento informado en el balón intragástrico avalado por SENPE, SEEDO, SEN y SECO: aspectos médico-legales Informed consent in the intragastric balloon supported by SENPE, SEEDO, SEN and SECO: legal aspects

    Directory of Open Access Journals (Sweden)

    V. Abilés

    2012-04-01

    Full Text Available Introducción: El Balón Intragástrico (BIG es una técnica invasiva, no quirúrgica, de carácter temporal, para el tratamiento de la obesidad, cuyos resultados dependen en gran medida de la colaboración del paciente. Objetivo: El objetivo es adaptar el Consentimiento Informado propio de la cirugía bariátrica, a un método que reviste las características especiales descritas. Material y método: Se utiliza el Consentimiento Informado propuesto por la ASAC para cirugía bariátrica, así como 8 sentencias relacionadas con el BIG tal como se hallan en la base de datos WESTLAW ES. Resultado: La revisión de las sentencias define el tratamiento mediante BIB como tratamiento con intención curativa y no satisfactiva, con obligación de medios aunque no de resultados, por parte del médico tratante. Se han de respetar además las obligaciones de una información correcta y completa -incluyendo las pautas dietéticas a seguir-, así como de las alternativas terapéuticas posibles, y por fin, de una constancia del proceso por escrito. Conclusiones: El Consentimiento Informado es un importante documento médico-legal cuyo contenido debe tener en cuenta la jurisprudencia recientemente aparecida en el campo de las técnicas mínimamente invasivas para el tratamiento de la obesidad.Introduction: Intra-gastric balloon (IGB is an invasive, temporary, non-surgical technique for the treatment of obesity. Its outcomes mainly depend on the patient's collaboration. Objective: The aim was to adapt the informed consent used for bariatric surgery to a method that has especial characteristics. Materials and methods: We used the informed consent proposed by ASAC for bariatric surgery and 8 statements related to IGB included in the WESTLAW ES database. Results: The review of the statements defines the IGB treatment as a curative-intended and non-satisfactive therapy with an obligation of the means used, but not the outcomes, by the treating physician. Moreover

  17. Aspectos legales, sociales y subjetivos del sistema de Probation: Análisis a través de un estudio cuali-cuantitativo de campo The legal, social and subjective aspects of the probation system: A quali-quantitative analysis

    Directory of Open Access Journals (Sweden)

    Irene Corach

    2009-12-01

    Full Text Available Entre las medidas alternativas a la privación de libertad, la probation ha surgido como la opción más significativa puesto que, por una parte, se contrapone a la reclusión carcelaria como el modelo más extendido y aceptado de sanción penal, y por otra, responde a variantes políticas, históricas y sociales vinculadas al paradigma de los Derechos Humanos. A partir de una investigación de campo, el presente estudio analiza los aspectos legales de la medida, las representaciones sociales en torno a ella y la función del psicólogo involucrado en la implementación de esta práctica jurídica.Among the alternative measures to imprisonment, probation has arisen like the most significant option since, on the one hand, it is opposed to the prison which is the most extended and accepted model of penal sanction, and on the other, it responds to political, historical and social variants tie to the paradigm of the Human Rights. Through a field research, the present study analyzes the legal aspects of the measure, the social representations around it, and the role of psychologists involved in the implementation of this legal practice.

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

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

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

  19. 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…

  20. Spatial structure of a city and the mobility of its residents: functional and planning aspects

    Directory of Open Access Journals (Sweden)

    Parysek Jerzy J.

    2016-12-01

    Full Text Available In the latest conceptions of urban development planning, special attention is paid to the resident. This is reflected especially in the increasingly popular idea of creating ‘a city for people’. This somewhat banal slogan has got an increasingly sensible and justified theoretical support, as well as examples of practical solutions. The idea of planning urban development to meet human needs (a city for people underlies many conceptions of urban development, especially those the basic goal of which is to limit suburbanisation unfavourable from a general social point of view and to rationalise the mobility of city residents. It has long been known that their mobility reflects the spatial structure of a city, and that their ever more intensive movement is not favourable from the ecological, social and economic points of view. In this situation it is necessary to shape the spatial-functional structure of the city in a way that will, first, restrict this mobility and, secondly, that will change the ways and means by which residents move. However, in order to make changes in the existing spatial structures in a rational way, it is necessary to know the mobility of city dwellers, its causes, directions, distances covered, and duration. What we shall present in this paper are structural and functional conclusions resulting from an analysis of the mobility of residents relevant for planning. Although our reflections will be primarily theoretical in nature, in many cases they will be backed up by empirical studies, mostly concerning Poznań.

  1. O perfil dos ortodontistas em relação aos aspectos odontolegais dos prontuários odontológicos The profile of orthodontists in relation to the legal aspects of dental records

    Directory of Open Access Journals (Sweden)

    Giovanni Garcia Reis Barbosa

    2010-04-01

    danos de acessórios ortodônticos. Contudo, algumas práticas ainda precisam ser adotadas, tais como: coleta da assinatura dos pacientes em caso de danos em acessórios ortodônticos e arquivo de cópia de prescrição medicamentosa e atestados.OBJECTIVE: The purpose of this study was to acquire knowledge about the key legal aspects of orthodontic practice, which may be used as important defense tools in the event of ethical and/or legal actions. METHODS: A cross-sectional study was conducted with dentists in Belo Horizonte, Minas Gerais State, Brazil, by means of a specific instrument (questionnaire addressing the ethical and legal disputes that involve the orthodontic specialty. Participants were asked to fill out the following questionnaire fields: personal identification, academic background, orthodontic accessories, oral hygiene, treatment plan, service provision, orthodontic documentation, drug prescription and forms of communication with patients, among others. RESULTS: A total of 237 orthodontists, all members of the Regional Council of Dentistry, Minas Gerais State (CRO-MG and living in Belo Horizonte, were given the data collection instrument. Out of this total, 69 (29.11% answered and returned the questionnaires. Of the 69 respondents, 57.97% were male and 42.03% female. It was found that 52.17% of these professionals graduated from Higher Education Institutions (ISEs. It was observed that 34.78% of these orthodontists completed specialization between 5 and 10 years after graduation. Most professionals (94.2% enter into their medical records information about any damage caused to the orthodontic accessories used by their patients and 53.62% of the orthodontists keep their patients' orthodontic documentation on file throughout their active professional life. CONCLUSIONS: This study revealed that some analysis parameters were very satisfactory, such as: the availability of service provision contract models, communication with patients and/or their lawful

  2. Microbeam radiation therapy. Physical and biological aspects of a new cancer therapy and development of a treatment planning system

    Energy Technology Data Exchange (ETDEWEB)

    Bartzsch, Stefan

    2014-11-05

    Microbeam Radiation Therapy (MRT) is a novel treatment strategy against cancer. Highly brilliant synchrotron radiation is collimated to parallel, a few micrometre wide, planar beams and used to irradiate malignant tissues with high doses. The applied peak doses are considerably higher than in conventional radiotherapy, but valley doses between the beams remain underneath the established tissue tolerance. Previous research has shown that these beam geometries spare normal tissue, while being effective in tumour ablation. In this work physical and biological aspects of the therapy were investigated. A therapy planning system was developed for the first clinical treatments at the European Synchrotron Radiation Facility in Grenoble (France) and a dosimetry method based on radiochromic films was created to validate planned doses with measurements on a micrometre scale. Finally, experiments were carried out on a cellular level in order to correlate the physically planned doses with the biological damage caused in the tissue. The differences between Monte Carlo dose and dosimetry are less than 10% in the valley and 5% in the peak regions. Developed alternative faster dose calculation methods deviate from the computational intensive MC simulations by less than 15% and are able to determine the dose within a few minutes. The experiments in cell biology revealed an significant influence of intercellular signalling on the survival of cells close to radiation boundaries. These observations may not only be important for MRT but also for conventional radiotherapy.

  3. Minimally Invasive Laminate Veneers: Clinical Aspects in Treatment Planning and Cementation Procedures

    Science.gov (United States)

    Morita, R. K.; Hayashida, M. F.; Berger, G.; Reggiani, R. D.; Betiol, E. A. G.

    2016-01-01

    When a definitive aesthetic treatment is determined, it is crucial to grant the patient's wish with the necessary dental treatment. Thus, conservative treatments that are the solution to aesthetic problems involving morphologic modifications and provide the result that the patient expects should always be the first therapeutic option. In this context, ceramic laminate veneers, also known as “contact lens,” are capable of providing an extremely faithful reproduction of the natural teeth with great color stability and periodontal biocompatibility. Minimal or no preparation veneers are heavily advertised as the answer to our patients' cosmetic needs, which they can be if they are used correctly in the appropriate case. This report is about ultraconservative restorations to achieve functional and aesthetic rehabilitation through treatment planning. Thus, clinicians should be aware that the preparation for laminate veneers remains within enamel, to ensure the bond strength and avoid or minimize the occurrence of postoperative sensitivity. PMID:28070427

  4. Minimally Invasive Laminate Veneers: Clinical Aspects in Treatment Planning and Cementation Procedures

    Directory of Open Access Journals (Sweden)

    R. K. Morita

    2016-01-01

    Full Text Available When a definitive aesthetic treatment is determined, it is crucial to grant the patient’s wish with the necessary dental treatment. Thus, conservative treatments that are the solution to aesthetic problems involving morphologic modifications and provide the result that the patient expects should always be the first therapeutic option. In this context, ceramic laminate veneers, also known as “contact lens,” are capable of providing an extremely faithful reproduction of the natural teeth with great color stability and periodontal biocompatibility. Minimal or no preparation veneers are heavily advertised as the answer to our patients’ cosmetic needs, which they can be if they are used correctly in the appropriate case. This report is about ultraconservative restorations to achieve functional and aesthetic rehabilitation through treatment planning. Thus, clinicians should be aware that the preparation for laminate veneers remains within enamel, to ensure the bond strength and avoid or minimize the occurrence of postoperative sensitivity.

  5. 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...

  6. Legal aspects of data and information used in oil and gas exploration and production; O regime juridico dos dados e informacoes de exploracao e producao de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Bucheb, Jose Alberto [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The utilization of data and information related to the Brazilian sedimentary basins constitutes an essential element in any petroleum exploration and production venture, as well as in the technical and scientific works of this area of study and, for this reason, this technical asset, according to article 22 of the Petroleum Law, is considered part of the national petroleum resources, to be collected, maintained, and administered by the ANP. This issue is also regulated in other articles of the Petroleum Law, the ANP tender protocols, the concession contracts and the ANP ordinances no. 188/1998 and n. 114/2000. In this context, the evolution of the pertinent legal instruments is discussed, aiming at the analysis of the existing conflicts of rules, the rights and obligations of the regulatory agency, the petroleum companies, the service companies and the technical and scientific community. Some aspects of the international oil industry practices are also analyzed vis-a-vis the Brazilian Law. (author)

  7. [Legal aspects of the REACH regulation. The control system of the REACH regulation--new approaches in the EU chemical legislation].

    Science.gov (United States)

    Pache, Eckhard

    2008-12-01

    The REACH regulation from 2006 shall overcome the deficiencies of the previously existing inconsistent legal system of chemicals and build an efficient and innovative regulation for industrial chemicals in the EU. For this purpose, the REACH regulation is not inventing a completely new legislation for chemical substances, but refers to the existing rules, regulates and structures them in a new manner and complements them. With REACH a consistent control system for chemicals in Europe has been created, which basically is managed and coordinated by the newly established European Chemicals Agency (ECHA). In the first phases of the REACH system, information about chemicals is generated and afterwards evaluated. Then this information is used in a process of authorization and restriction, to ensure adequate proliferation and safe exposure to chemical substances. Numerous duties to furnish information complement the readjustment's procedural steps, particularly with regard to the supply chain and down to the consumer. It is mainly affected by the abrogation of the determination between new and existing substances, the principle of substitution and is based on the idea that industry itself is best suited to ensure that the substances it manufactures and places on the market in the EU do not adversely affect human health or the environment.

  8. [Selected legal aspects of the protection of the unborn child in the light of the draft amendment to the Polish Penal Code].

    Science.gov (United States)

    Urbaniak, Moniak; Spaczyński, Robert Z

    2015-10-01

    Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft provides for the protection of the child in the prenatal stage, introducing a new category of the entity to be protected, which is "unborn child" and "unborn child able to live outside the mother's body". These regulations provide for mothers criminal liability and responsibility of the medical staff (a doctor), as well as the child's father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor's responsibility to show particular care for human health and life since a doctor has special medical knowledge and that is regulated by art. 30 of the act on professions of doctor and dentist. The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015), but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child in the last phase before birth as a result of medical malpractice or other external factors will be back in the public discussion.

  9. Technical and organisational aspects in enterprise resource planning systems implementation: lessons from a Spanish public hospital

    Science.gov (United States)

    Escobar-Rodriguez, Tomas; Escobar-Pérez, Bernabe; Monge-Lozano, Pedro

    2014-09-01

    Public resources should always be managed efficiently, more so in times of crisis. Due to the specific characteristics of the healthcare sector, there is a need for special attention, especially in regards to hospitals. Administrators need useful tools to be able to efficiently manage available resources, such as enterprise resource planning (ERP) systems. Therefore, an analysis of the effects of their implementation and use in hospitals is valuable. This study has two purposes. One is to analyse the role ERP systems play in aiding the integration of hospital data, with focus on user satisfaction as well as possible resistance to change. The other purpose is to analyse the effects of implanting and using ERP systems in the hospital environment and identifying how certain variables influence the process, especially the existence of different organisational cultures. Results indicate that clinical information has become notably more integrated, despite the lack of flow in the economic-financial area. The heterogeneous nature of the different groups, clinical (Medical, Nursing) and non-clinical (Economic-Financial, Accounting), had a negative influence on the implementation process, and limited the integration of information as well as the system's performance.

  10. ASPECTOS ÉTICOS Y LEGALES DE LA INVESTIGACIÓN CIENTÍFICA EN BRASIL ASPECTOS ÉTICOS E LEGAIS DA PESQUISA CIENTÍFICA NO BRASIL ETHICAL AND LEGAL ASPECTS OF SCIENTIFIC RESEARCH IN BRAZIL

    Directory of Open Access Journals (Sweden)

    Paulo Roberto da Silva

    2010-06-01

    ção humana, das pesquisas com populações indígenas, das pesquisas em genética humana, dos projetos multicêntricos e das bases de dados biológicas. Pode-se concluir que existem leis de amparo à pesquisa científica no Brasil, estabelecendo prioridades nacionais, determinando direitos e deveres dos pesquisadores e dos sujeitos de pesquisa. Existe um sistema nacional de regulação ética; todavía estabelecido por resoluções do poder executivo. As resoluções incluem diversas temáticas associadas com a investigação científica, incluindo as diretrizes mundiais acerca da ética em pesquisa, considerando até a Declaração de Helsinki.This article has searched and analyzed the regulatory process of the ethics of scientific research in Brazil. The methodology consisted in a systematic review, characterized by a bibliographical and documental study, results being analyzed by the content analysis technique. Legal documents studied dealt mainly with constitutional guaranties associated with scientific research, system of ethics regulation, definition of user, clinical investigations, investigations with foreign cooperation, treatment and diagnosis safeguards, human reproduction research, research with aboriginal populations, human genetics research, multicenter projects and biological data bases. It can be concluded that there are protection laws for scientific research in Brazil, establishing national priorities, determining researchers and research subjects rights and duties. There is a national system of ethics regulation established by resolutions of legislative power. Resolutions include diverse topics associated with scientific research, in line with world guidelines for research ethics, in this case the Helsinki Declaration.

  11. Existence of vagueness and vague expression in legal English

    Institute of Scientific and Technical Information of China (English)

    石继鹏

    2008-01-01

    The language of legal English is a kind of customary language, which includes some words, phrases and mode of expression with its unique style. One of the most important characteristics of legal English is exact in its usage. But in some situations, vague expressions are found in legal English. This is written to probe into some linguistic aspects of legal documents: vagueness and ambiguity.

  12. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  13. 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...

  14. Estatuto da Cidade: aspectos epistemológicos, sociopolíticos e jurídicos Statute of the City: epistemological, social political and legal aspects

    Directory of Open Access Journals (Sweden)

    Sérgio Luís Boeira

    2009-06-01

    Full Text Available Este artigo contribui com o debate sobre o Estatuto da Cidade (EC, vinculando-o a diferentes abordagens e clivagens subjacentes à crise da modernidade. Aspectos epistemológicos e teóricos são relevantes, mas têm sido negligenciados no debate. Neste artigo tais aspectos são abordados introdutoriamente. Faz-se também uma breve comparação de três enfoques especializados em direito urbanístico sobre artigos do EC, evidenciando-se a ausência de consenso e a necessidade de uma reflexão mais abrangente. Conclui-se que o que está em disputa no debate do EC são os recursos para a compreensão dos desafios de sua implementação, que envolvem especialmente três fatores: a abordagem comparativa entre os enfoques de especialistas do direito urbanístico; abordagem inter e transdisciplinar, com a contribuição do paradigma da complexidade; e a abordagem democrático-participativa, com políticas públicas orientadas pelas teorias e experiências relativas à terceira via e à formação de capital social.This article brings a contribution to the debate on the Statute of the City (SC, linking it to different approaches and underlying cleavages of the crisis of modernity. The article introduces relevant epistemological and theoretical aspects that have been neglected in this debate and briefly compares three specialized urban law approaches to articles of the SC, showing absence of consensus and the need for a comprehensive reflexion. To conclude, what is in dispute in the EC debate are the resources for the understanding of the challenges of its implementation, which involves especially three factors: the comparative approach to the views of urban law specialists; an inter and trans-disciplinary approach, with the contribution of the complexity paradigm; a democratic-participative perspective, with public policies oriented by the theories and experiences of the third way and the formation of social capital.

  15. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  16. Legal Language in Intercultural Communication

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2012-12-01

    Full Text Available This paper addresses the considerable role of legal translation in intercultural communication. Effective intercultural communication requires sufficient language skills and also extensive knowledge of the cultures involved, which encompass official social behaviour norms, enshrined in the corresponding legal systems. The basic legal terms often pose substantial difficulties even for experienced translators and, hence, to communication, because these terms nominate concepts that are inherently linked with culture, moral values and legal tradition of a given country. In intercultural communication the most widely used legal English is permeated by Anglo-Saxon legal system and concepts which have little or no equivalents in Romano-Germanic or other continental law countries. The authors present a comparative analysis of the translation strategies employed by the compilers of two main English-Lithuanian law dictionaries (V. Bitinaitė „Mokomasis anglų-lietuvių kalbų teisės terminų žodynas“ and O. Armalytė, L. Pažūsis. „Anglų-lietuvių kalbų teisės žodynas“ in translation of the English-Welsh law terms defining abstract common law terms, some specific English-Welsh legal professions and the English-Welsh court names. The findings of the analysis reveal the difficulties which the dictionary compilers have to cope with when translating culture-bound terms and the strategies chosen by them for problematic translations. The research also highlights the role of the legal language translator as the key figure in facilitating different cultural background comprehension of the legal terms and, what is even more important, specific aspects of legal systems; the latter being necessary for efficacious intercultural cooperation.

  17. 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

  18. A Reform Plan for the Teaching Content of Legal Logic:A Case Study on Room Escape Plan%法律逻辑学的教学内容改革方案--以密室逃脱策划方案为例

    Institute of Scientific and Technical Information of China (English)

    王君

    2014-01-01

    The top teaching problems faced by the current legal logic are as follows:distinguishing common logic from legal logic;distinguishing legal reasoning and legal logic; making clear that the basic point of legal logic is"law";focusing on the reasoning of law;connecting theory with practice. Exemplified by room escape plan and its activities, this paper studied the teaching reform of legal logic.%当今法律逻辑学面临的首要教学问题是:分清普通逻辑学和法律逻辑学的区别;分清法理学和法律逻辑学的区别;弄透法律逻辑学的根本要点是“法律”;注重法律的推理;理论联系实际。本文以密室逃脱策划方案及活动为例子,研究法律逻辑学的教学改革。

  19. Emission trading - still a long way to a practical implementation? Legal and social aspects, policy recommendations; Emissionshandel - noch ein langer Weg bis zur praktischen Umsetzung? Juristische und soziale Aspekte, Politikempfehlungen

    Energy Technology Data Exchange (ETDEWEB)

    Mittendorf, M. [Universitaet der Bundeswehr Muenchen, Neubiberg (Germany). Inst. fuer Volkswirtschaftslehre

    2001-01-29

    The discussions about the trading of emission rights can be already traced back some years. With the signing of the Kyoto Protocol in 1997 this instrument had a renaissance. Now practical aspects of implementation are considered. While the European Union does not intend to translate this idea into public policy before 2005, the German federal government needs to implement urgently a system of trading of emission rights in order to complete its voluntary self-commitment to reduce greenhouse gases by 25 per cent until 2005. The author discusses the economic and moreover, some legal and social implications and gives policy recommendations for the formal implementation of such a system. (orig.) [German] Die Diskussionen ueber den Emissionsrechtehandel koennen bereits einige Jahre zurueckverfolgt werden. Mit der Unterzeichnung des Kyoto-Protokolls 1997 erlebte dieses Instrument jedoch eine Renaissance in den Ueberlegungen zu den Aspekten seiner praktischen Umsetzung. Waehrend die Europaeische Union den Emissionshandel nicht vor 2005 einfuehren will, ist die deutsche Bundesregierung auf eine schnelle Umsetzung angewiesen, um ihre freiwillige Selbstverpflichtung, die Treibhausgase bis 2005 um 25% zu reduzieren, zu erfuellen. Der Verfasser diskutiert die oekonomischen und ansatzweise einige juristische und soziale Aspekte, um darauf aufbauend Politikempfehlungen fuer eine praktische Umsetzung des Emissionshandels zu geben. (orig.)

  20. 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.

  1. 78 FR 45996 - Connected Vehicle Planning and Policy Stakeholder Meeting; Notice of Public Meeting

    Science.gov (United States)

    2013-07-30

    ... Connected Vehicle Planning and Policy Stakeholder Meeting; Notice of Public Meeting AGENCY: ITS Joint... Transit Administration (FTA), will conduct a free public meeting focused on soliciting input from the planning community and related national associations on policy and legal aspects of Connected Vehicle...

  2. " Canvas " and the Legal Business Model

    Directory of Open Access Journals (Sweden)

    Frederico de Andrade Gabrich

    2016-06-01

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

  3. American Legal Education and Professional Despair

    Science.gov (United States)

    French, David

    2011-01-01

    Lawyers are among the most unhappy, least respected wealthy people in America. There are, no doubt, many reasons for the morale crisis in the legal profession. After all, not many people like lawyers. Further, many aspects of legal work are objectively stressful. Litigation is rife with conflict even in the most courteous jurisdictions, and trials…

  4. Aspects of the Land Use Planning System in the U.K. : With Special Reference to Housing

    OpenAIRE

    Whitehead, Christine M.E.

    1997-01-01

    In this paper the basic principles behind the UK land use planning system are set out and the changes in legislation since the 1947 Town and Country Planning Act and the mechanisms for implementation discussed. The ways in which the benefits of planning have been allocated between different groups over the last fifty years are then examined. Finally, the paper looks at the specifics of planning for housing and the impact of the system on output and prices.

  5. Competitive legal professionals' use of technology in legal practice ...

    African Journals Online (AJOL)

    Tanya du Plessis

    KM systems and strategies can support the legal research process, and what the benefits of KM are to .... c) Planning and developing a search strategy; d) Applying different approaches to formulating a .... that is the basis for a new law firm marketing strategy. Moreover ... This not only includes the basic skills, for instance ...

  6. Epidemiology of noise and legal aspects

    Directory of Open Access Journals (Sweden)

    Simone Alexandrino

    2016-12-01

    Full Text Available This article provides a brief interdisciplinary approach to the health-disease phenomenon in the workplace related to occupational noise exposure and regulatory developments involving the subject. What justifies the discussion of this theme is the constant regulatory changes in the regulation of the maximum tolerance limit for exposure to occupational noise in decibels, which despite being the result of tests carried out in accredited laboratories by the Ministry of Labor and Employment can not be effective for avoid the illness of workers. It is intended to answer the following questions: What is epidemiology and how occupational noise exposure can be a risk factor for workers; why there are so many changes in the rules governing the fixing of maximum decibels to which workers can be "safely" exposed; whether the rules governing the safety of workers exposed to occupational noise are effective in protecting the health of these people.

  7. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultu

  8. ASPECTS REGARDING LEGAL PROTECTION OF FOREST ECOSYSTEMS

    Directory of Open Access Journals (Sweden)

    Cristian Popescu

    2012-12-01

    Full Text Available The first legislative concerns for the protection and exploitation of forests are occurring since the eighteenth century. Forest of the country has always been a priority for environmental policy. The institutional framework for forestry organization in Romania is represented mainly by the Ministry of Environment and National Administration of Forests – Romsilva. First Romanian Forest Code was adopted on 19 June 1881. In present, the main law governing the forest is given by Law No. 46 of March 19, 2008 (Forest Code. Forests are resources of interest economic, social, recreational, ecological and biological. Biodiversity conservation of forest ecosystems involves the sustainable management by applying intensive treatments that promote natural regeneration of species of fundamental natural forest type and forest conservation and quasi virgin. The main way to conserve forest ecosystems is represented by the establishment of protected areas of national interest.

  9. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultu

  10. Guidelines in forensic odontology: legal aspects.

    Science.gov (United States)

    Vermylen, Y

    2006-05-15

    The task of the forensic dentist is ruled by an obligation to be diligent and prudent. If guidelines should exist which are recognised by the dental forensic community, they will probably be used to judge his work, even if guidelines are only considered as recommendations. The questions to be answered are: who issued these guidelines and are they conform to evidence-based forensic odontology.

  11. Legal Aspects of a School Library Website

    Science.gov (United States)

    Johnson, Tom

    2009-01-01

    School library websites enhance and explain the services provided by the library. Most schools have a library website. Jurkowski (2004) reviewed thirty-four school library websites and ranked the most common features: website links, databases, policies, Online Public Access Catalog (OPAC), and websites by subject. These features give patrons a…

  12. [Bioethical and legal aspects of patient education].

    Science.gov (United States)

    Frković, Aleksandra; Bosković, Zvonko

    2008-12-01

    In the last 35 years, patient education has started to gradually develop at hospitals as well as in primary health care. Now, it is an integral part of communication in health care. Due to the expanding application of technology in the field of medicine, it is difficult to achieve appropriate and extensive patient education. Patient dissatisfaction with the given information on the illness, treatment and prognosis has contributed to professionalization of patient education. Nevertheless, patient education has not yet been acknowledged as a discipline. Patient education by health care professionals while providing health care services and through the process of informed consent requires professional and bioethical education of health care professionals and also patient commitment to actively cooperate with their doctors.

  13. [Assisted suicide - medical, legal, and ethical aspects].

    Science.gov (United States)

    Bosshard, G

    2012-02-01

    Unlike in most European countries, assisted suicide is not illegal in Switzerland. The number of assisted suicides procured by right-to-die organisations such as Exit or Dignitas has sharply increased in the last twenty years. Central part of the doctor's involvement is the prescription of a lethal dose of sodium pentobarbital. In doing so, the doctor has to apply to the rules of medical due care. A proper examination of the patient is required, who must be informed about his diagnosis, about the expected prognosis, and about different treatment options. Verification of the patient's decisional capacity is crucial. In general, a staff member of the organisation but not the doctor is present during suicide. Following death, the assisted suicide has to be reported to the police as an extraordinary death case.

  14. Comparative Study on Urban Planning Inspection System in the UK and China

    Institute of Scientific and Technical Information of China (English)

    2012-01-01

    The urban-rural planning inspector system of China is hierarchical supervision over local governments from the Central Government in respect of town and country development. The comparative analysis on planning inspection system of the UK may provide experience in seeking solutions to the problems occurring in the system of China. The planning inspector system of China can be improved in six aspects such as establishing the legal status, setting up the planning inspection agency, completing the personnel management system, enhancing the legal binding force, building the internal and external supervision channel, supplementing the relieve function, and establishing the coordination mechanism of various internal supervisions.

  15. Medico-legal and ethical aspects of nasal fractures secondary to assault: do we owe a duty of care to advise patients to have a facial x-ray?

    Science.gov (United States)

    Jaberoo, Marie-Claire; Joseph, Jonathan; Korgaonkar, Gillian; Mylvaganam, Kandappu; Adams, Ben; Keene, Malcolm

    2013-02-01

    Guidelines advise that x-rays do not contribute to the clinical management of simple nasal fractures. However, in cases of simple nasal fracture secondary to assault, a facial x-ray may provide additional legal evidence should the victim wish to press charges, though there is no published guidance. We examine the ethical and medico-legal issues surrounding this controversial area.

  16. Medicina por Imágenes: la visión globalizada. Parte III: la visión desde el Derecho Image Based Medicine: the global vision. Part III: Legal Aspects

    Directory of Open Access Journals (Sweden)

    Paula Carestia

    2008-09-01

    Full Text Available La visión globalizada del diagnóstico por imágenes es una puesta al día, creemos que necesaria, de los caracteres más relevantes de esta bellísima disciplina. Está dirigida a quienes todavía no han decidido su camino y están finalizando sus carreras de grado -médica o técnica-, pero también a aquellos que ya han comenzado la residencia; y quizá también para quienes habiendo recorrido ya un largo trayecto, conservan un espíritu crítico y una mirada joven. A la luz del nuevo milenio, y cuando se han cumplido veinticinco años de su reconocimiento como especialidad por parte de la comunidad médica de nuestro país, los autores examinamos esta visión que no se conforma con la mirada unilateral del radiólogo sino que busca también la proveniente de otros saberes y ciencias. Por ello, se incluye una aproximación desde el derecho -sobre un tema puntual-, se tratan los aspectos educacionales y se incorporan la mirada desde el área técnica, la perspectiva de la filosofía y la bioética y las visiones desde la psicología, desde la gestión de los recursos humanos y los aspectos de ciencia y tecnología, entre otras.The global vision of diagnostic imaging is a necessary update, we think, of the most relevant characters of this beautiful discipline. It is directed to those advanced students of Medicine and Radiology Technique career who have not yet decided their future activity but also to the already graduated who are just beginning their residence training programs; and maybe to those who keep a critical spirit and a young glance, in spite of the chronological age. At daybreak of the millennium and when we are assisting to the twenty five anniversary of its origin and recognition as a new speciality inside the medical community in our country, we the authors, have selected not only the unique vision of the radiologist but also the vision of other fields of knowledge and sciences. So because of this we develop the legal view on

  17. TEACHING LEGAL ENGLISH AS A SECOND LANGUAGE

    Directory of Open Access Journals (Sweden)

    BADEA ELENA CODRUTA

    2012-05-01

    Full Text Available In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the definition of a specific language corpus, usages of various teaching strategies and emphasis on particular kinds of communication in a specific context.The article aims to highlight some aspects of teaching legal English by a non-native teacher who is not an expert in law. It particularly focuses attention on the development of basic communication skills and the use of lexical approaches in successful language acquisition in legal English.

  18. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

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

  19. Digital Audio Legal Recorder

    Data.gov (United States)

    Department of Transportation — The Digital Audio Legal Recorder (DALR) provides the legal recording capability between air traffic controllers, pilots and ground-based air traffic control TRACONs...

  20. A more coherent European wide legal language

    Directory of Open Access Journals (Sweden)

    Viola Heutger

    2004-03-01

    Full Text Available In this paper I would like to elaborate on the interaction between law and language. The use of the different (legal languages of the European Union Member States is one of the most practical and most difficult problems in the process of European integration. The linguistic matters are directly contacting all legal issues. In February 2003 the Commission launched an Action Plan on a more coherent European Contract Law. With this Action Plan a sector specific approach of legal and linguistic harmonization will start. On of the official aims will be the preparation of a common frame of reference, providing a pan-European terminology and rules. This contribution will reflect the need of a better and more coherent legal language use on a European Union level and describe a more concept-based approach of linguistic legal integration.

  1. 48 CFR 1511.011-76 - Legal analysis.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Legal analysis. 1511.011-76... PLANNING DESCRIBING AGENCY NEEDS 1511.011-76 Legal analysis. Contracting Officers shall insert the clause at 1552.211-76 when it is determined that the contract involves legal analysis....

  2. TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE

    OpenAIRE

    Bondov S. N.

    2014-01-01

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

  3. 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.

  4. Intracranial radiosurgery in the Netherlands. A planning comparison of available systems with regard to physical aspects and workload.

    NARCIS (Netherlands)

    Schoonbeek, A.; Monshouwer, R.; Hanssens, P.; Raaijmakers, E.; Nowak, P.; Marijnissen, J.P.; Lagerwaard, F.J.; Cuijpers, J.P.; Vonk, E.J.; Maazen, R.W.M. van der

    2010-01-01

    Different planning and treatment systems for intracranial stereotactic radiosurgery available in the Netherlands are compared. The systems for intracranial radiosurgery include: Gamma Knife, Cyberknife, Novalis, and Tomotherapy. Electronic data of 5 patients was transferred to all participating

  5. Intracranial radiosurgery in the Netherlands. A planning comparison of available systems with regard to physical aspects and workload.

    NARCIS (Netherlands)

    Schoonbeek, A.; Monshouwer, R.; Hanssens, P.; Raaijmakers, E.; Nowak, P.; Marijnissen, J.P.; Lagerwaard, F.J.; Cuijpers, J.P.; Vonk, E.J.; Maazen, R.W.M. van der

    2010-01-01

    Different planning and treatment systems for intracranial stereotactic radiosurgery available in the Netherlands are compared. The systems for intracranial radiosurgery include: Gamma Knife, Cyberknife, Novalis, and Tomotherapy. Electronic data of 5 patients was transferred to all participating cent

  6. 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.

  7. Technical aspects and evaluation methodology for the application of two automated brain MRI tumor segmentation methods in radiation therapy planning.

    Science.gov (United States)

    Beyer, Gloria P; Velthuizen, Robert P; Murtagh, F Reed; Pearlman, James L

    2006-11-01

    The purpose of this study was to design the steps necessary to create a tumor volume outline from the results of two automated multispectral magnetic resonance imaging segmentation methods and integrate these contours into radiation therapy treatment planning. Algorithms were developed to create a closed, smooth contour that encompassed the tumor pixels resulting from two automated segmentation methods: k-nearest neighbors and knowledge guided. These included an automatic three-dimensional (3D) expansion of the results to compensate for their undersegmentation and match the extended contouring technique used in practice by radiation oncologists. Each resulting radiation treatment plan generated from the automated segmentation and from the outlining by two radiation oncologists for 11 brain tumor patients was compared against the volume and treatment plan from an expert radiation oncologist who served as the control. As part of this analysis, a quantitative and qualitative evaluation mechanism was developed to aid in this comparison. It was found that the expert physician reference volume was irradiated within the same level of conformity when using the plans generated from the contours of the segmentation methods. In addition, any uncertainty in the identification of the actual gross tumor volume by the segmentation methods, as identified by previous research into this area, had small effects when used to generate 3D radiation therapy treatment planning due to the averaging process in the generation of margins used in defining a planning target volume.

  8. Legal English and Adapted Legal Texts

    Directory of Open Access Journals (Sweden)

    Alvyda Liuolienė

    2012-06-01

    Full Text Available The article aims at analysing the significance of authentic legal English text and adapted legal texts in ESP classes. The authors point out the advantages and disadvantages of legal texts and analyse the possibilities of their efficient application in the teaching process. At the initial stage of teaching English legalese, materials prepared specially for teaching purposes in textbooks seem to be more appropriate as they are adapted for a particular level for law students whereas in more advanced levels, authentic texts in a legal English classroom can more considerably contribute to the learning experience. The usage of both legal authentic materials and adapted legal texts have tangible impact on mastering legal English.

  9. Accountable care organizations: legal concerns.

    Science.gov (United States)

    Sanbar, S Sandy

    2011-01-01

    The Accountable Care Organizations (ACOs) shared savings program has serious concerns about anti-trust and anti-fraud laws. Additionally, ACOs present several other legal concerns relating to the duties and responsibilities of the physician-hospital partnership. The federal regulations hold physicians who participate in the ACO shared savings program to the highest standards of care without offering them protection from liability. The structure and procedures required of ACOs may be detrimental and may significantly impact the liability of its contracting physicians. Therefore, it behooves physicians to obtain legal advice regarding one's estate planning and legal asset protection or wealth management techniques, and to thoroughly review the agreement with one's attorney before signing a contract with an ACO.

  10. 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....

  11. Intracranial radiosurgery in the Netherlands. A planning comparison of available systems with regard to physical aspects and workload.

    Science.gov (United States)

    Schoonbeek, A; Monshouwer, R; Hanssens, P; Raaijmakers, E; Nowak, P; Marijnissen, J P A; Lagerwaard, F J; Cuijpers, J P; Vonk, E J A; van der Maazen, R W M

    2010-06-01

    Different planning and treatment systems for intracranial stereotactic radiosurgery available in the Netherlands are compared. The systems for intracranial radiosurgery include: Gamma Knife, Cyberknife, Novalis, and Tomotherapy. Electronic data of 5 patients was transferred to all participating centres and treatment plans were generated according to 2 different prescription protocols. For this study, plans were also generated for a conventional linac. Even systems with a high resolution (Gammaknife and Novalis) have conformity indices in violation with RTOG guidelines (CI > 2.5) when target volumes of 1 cc), all systems perform well. The workload of the different techniques was comparable although the treatment times were usually longer for Gamma Knife radiosurgery. We conclude that small targets should be treated by dedicated systems, larger volumes (> 0.5-1 cc) can also be treated using conventional treatment systems equipped with a MLC.

  12. Family planning as part of reproductive health, including the HIV / AIDS aspects, in Zimbabwe and Southern Africa

    NARCIS (Netherlands)

    Verkuyl, Douwe Arie Anne

    2003-01-01

    This thesis explores the demand for family planning (FP) in the region and demonstrates that just at the time that demand takes off the brain drain and economic situation make it unlikely that the required services will be provided. This, increasingly, results in unsafe abortions. FP in Zimbabwe is

  13. Aspectos macroeconómicos del plan nacional de desarrollo cambio para construir la paz Macroeconomic aspects of the development plan change to reach peace

    Directory of Open Access Journals (Sweden)

    Rhenals M. Remberto

    1999-06-01

    Full Text Available En el Plan Nacional de Desarrollo "Cambio para construir la Paz" se presenta una plitica de estabilizacion que pretende establecer los equlibrios macroeconomicos y elevar el ritmo de crecimiento de la economia colombiana. Este articulo analiza la propuesta de politica economica del plan, incluida en la seccion "Macroeconomia, crecimiento y empleo". En particular se estudia la estrategia de estabilizacion y crecmiento de la economia. Las principales conclusiones de nuestro analisis son: a el ajuste fiscal propuesto es poco efectivo porque no reduce de forma importante el gasto corriente. Esto puede afectar el crecimiento normal de la economia porque se reduce la inversion publica y no se reasignan fondos hacia areas prioritarias como la formacion de capital humano y la investigacion en ciencia y tecnologia; y b el programa macroecnomico tiene problemas de consistencia. Segun nuestras estimaciones, el lento crecimiento del ahorro domestico seria insuficiente para mantener un crecimiento sostenido del Pib.The economic and social planning project in Colombia, 'Change to reach peace' presents mainly a stabilization policy that intends to restore macroeconomic equilibrium and also pretends to increase the economic growth in the presidential period of 1998-2002. This article analyses the economic policy proposal included in the section "Macroeconomics,growth and employment". More precisely it is concerned in the stabilization and growth strategy. Ourmain conclusions are: a fiscal adjustment is not effective, becauseit does not reduce government consumption. This situation can affect potential economic growth due to a decrease in public investment and there will not be a reallocation of resources for human capital and investment in research and development; b macroeconomic plan is not consistent. Based on our estimations, slow growth of domestic saving could not be enough to maintain a sustainable process of economic growth.

  14. A Mapping of Tools for Informing Water Sensitive Urban Design Planning Decisions—Questions, Aspects and Context Sensitivity

    DEFF Research Database (Denmark)

    Lerer, Sara Maria; Arnbjerg-Nielsen, Karsten; Mikkelsen, Peter Steen

    2015-01-01

    Water Sensitive Urban Design (WSUD) poses new challenges for decision makers compared with traditional stormwater management, e.g., because WSUD offers a larger selection of measures and because many measures are multifunctional. These challenges have motivated the development of many decision...... support tools. This review shows that the tools differ in terms of the types of questions they can assist in answering. We identified three main groups: “How Much”-tools, “Where”-tools and “Which”-tools. The “How Much”-tools can further be grouped into tools quantifying hydraulic impacts, hydrologic...... impacts, water quality impacts, non-flow-related impacts and economic impacts. Additionally, the tools differ in terms of how many aspects of water they address, from those focused only on bio-physical aspects to those attempting to find the best WSUD based on multiple criteria. Finally, we suggest...

  15. Horticultural therapy--aspects of land use for the mentally handicapped. A system of planning for the requirements of the mentally handicapped gardener.

    Science.gov (United States)

    Spurgeon, T; Underhill, C

    1979-01-01

    An increasing number of facilities for the mentally handicapped use horticulture, agriculture and gardening in their training programmes. This paper contains a review of: (1) some aspects of land use as a medium for leisure, rehabilitation, therapy and training for the mentally handicapped, (2) employment, both sheltered and open, in land use as reflected in a recent survey, (3) the variety of knowledge available through the medium of land use. The main emphasis of the paper deals with: (1) the need for planning, (2) a suggested planning system that assists the instructor in understanding the requirements of the mentally handicapped gardener when he approaches a given job, (3) some problems peculiar to land use work with the mentally handicapped. In conclusion the authors briefly examine: (1) the need for assessment, (2) the need to distinguish between production and training, (3) suggestions towards an expansion of the planning system to take in other areas of the horticultural unit than were originally described, (4) social activities connected with the horticultural activities described, (5) the hierarchy identified through the use of a particular planning system.

  16. 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....

  17. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  18. Inmate Involvement in Prison Legal Services: Roles and Training Options for the Inmate as Paralegal.

    Science.gov (United States)

    Statsky, William P.

    An introduction to the role of the paralegal in the free world, the inmate as paralegal, legal service needs, and program planning are included along with guidelines for the training of inmates as paralegals. Paralegal services, legal problems, and legal services are extensively defined. The legal problems of inmates and methods of providing legal…

  19. 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...

  20. Legal Interviewing For Paralegals.

    Science.gov (United States)

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  1. 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.

  2. Installation of measuring systems and instruments according to the new EnWG 2011. Obligation, legal aspects, acceptance; Einbaupflicht, -recht und Akzeptanz. Fragen und Antworten zum Einbau von Messeinrichtungen und Messsystemen nach der Novellierung des EnWG 2011

    Energy Technology Data Exchange (ETDEWEB)

    Baasner, Stefan; Milovanovic, Viktor; Schmelzer, Knut; Schneidewindt, Holger

    2012-02-15

    The new EnWG comprises more regulations than before in the field of metering systems and instruments for electric power supply. Everybody concerned now has to work out the complex standards and regulations, with particular regard to transition period regulations. This contribution outlines the legal boundary conditions as of 20 November 2011 and also goes into the intended closer linking of power supply grids and telecommunication grids.

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

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2015-01-01

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

  4. Reconstruction project of a bell tower of Joseph of Volokolamsk monastery: architectural, town-planning and structural aspects

    Directory of Open Access Journals (Sweden)

    Tsvetkov Konstantin Aleksandrovich

    2016-01-01

    Full Text Available ASPECTS All over the world a lot of unique architectural monuments are lost according to different reasons. The role of cultural objects can hardly be overestimated and their total loss is irretrievable. Preservation of architectural monuments and complexity of their investigation and design solutions development depend on many factors: age of the monument, structural peculiarities, geographical position, their value as objects of cultural heritage, etc. The article offers the description of a reconstruction project of a bell tower in Joseph of Volokolamsk Monastery, which had been destructed in 1941. The bell tower in Joseph of Volokolamsk Monastery situated in Volokolamsk region of the Moscow Region near village Teryaevo is an outstanding example of the architecture and construction technologies of the 16th-17th centuries. The design group conducted extensive research, made a conclusion on the state of the surviving elements and offered several variants of bell tower reconstruction. It was decided to reconstruct the bell tower over the surviving first tier with transferring the loads to the new bearing structure. The first tier is being reconstructed and preserved.

  5. Legally high? Legal considerations of Salvia divinorum.

    Science.gov (United States)

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  6. Protection of existing legal positions and procedural succession in operation plan procedures under German mining law. Remarks on the BVerwG decision of December 13, 1991 - 7C 25. 90. Bestandsschutz und Verfahrensstufung im Betriebsplanverfahren. Bemerkungen zum Urteil des BVerwG vom 13. 12. 1991 - 7C 25. 90

    Energy Technology Data Exchange (ETDEWEB)

    Kuehne, G.

    1992-06-01

    The author analyses a judgment of the German Federal Administrative Court that contains fundamental statements on operation plan procedures under German minin law. These statements centre on the meaning and function of framework operation plans, in particular their binding effect upon the authorities with respect to the subsequent principal and special operation plan procedures, and on the protection of existing legal positions in favour of the operator. The ruling moreover upholds the protection of third parties, even in favour of persons external to the operations. The author questions the statements of the Court with regard to its understanding of operation plan procedures in general and framework operation plan procedures in particular. He takes the view that they fail to appreciate the structural bipolarity of the legal relationship between the operator and the authority created by the operation plan permission. The main points of the judgment are published in UPR ('Umwelt- und Planungsrecht', a legal journal) 6/92, p. 236. (orig./HSCH).

  7. The obligation of efficient planning of Agencia Nacional de Petroleo, Gas Natural e Biocombustiveis (ANP): what are legal limits?; O dever de planejamento eficiente da ANP: limites juridicos?

    Energy Technology Data Exchange (ETDEWEB)

    Mendonca, Fabiano Andre de Souza; Leite, Fabio Augusto de C.C. Montanha; Queiroz, Lizziane Souza [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil); Costa, Hirdan Katarina de M.; Santos, Edmilson Moutinho dos; Vieira, Jose Paulo [Universidade de Sao Paulo (USP), SP (Brazil). Inst. de Eletrotecnica e Energia. Programa Interunidades de Pos-Graduacao em Energia

    2008-07-01

    After the institutional changes have happened in oil sector since the last decade, Brazil has opened his market and many oil firms are investing in this industry. A government agency was cried, called of Petroleum, Gas and Biofuels National Agency. This agency must realize some activities, such as the attempt of the government plan. Thus, the paper has two goals. First, it will intend to discuss about the mean of efficiency in law and economic areas. Second, it will intend to discuss about the efficiency in the oil Brazilian sector and his plan of action. The bibliography research and the argumentative methods are used. The results showed that it is necessary to describe forms of the measure decisions and actions of the government program that it is realized for this agency, because there are asymmetric information and economic power in this sector. (author)

  8. Legal fundamentals and standards for ''green buildings''. Legal aspects of green building and sustainable building; Gesetzliche Grundlagen und Normen fuer 'Gruene Gebaeude'. Die rechtlichen Aspekte bei Green Building und Nachhaltigem Bauen

    Energy Technology Data Exchange (ETDEWEB)

    Schrammel, Florian [HFK Rechtsanwaelte, Muenchen (Germany)

    2010-09-15

    Green building is a method of construction that is intended to enhance the efficiency of buildings in terms of energy, water and materials consumption and to reduce adverse effects on health and the environment. Facility managers should be aware of this issue, in consideration of life cycle assessment and sustainability, as it will be an important business model for the future, and they should take care to master the relevant legal regulations and guidelines. (orig.)

  9. [Some elements of evaluating the problem of family planning and the fight against abortions (author's transl)].

    Science.gov (United States)

    Beric, B M

    1965-01-01

    The author presents some elements indispensable for the comparative evaluation of the problem of abortions and family planning in both small and large territories. The past development of statutory and legal comprehensions of the interruption of pregnancy in our country, as well as the retrospective and prospective dynamic aspect of the development of this important socioeconomic and biological problem is pointed out. A special significance is attributed to the influence of socioeconomic, psychological, and statutory-legal comprehensions in the successful fight against abortions, in which family planning, based on the principles of contemporary medical science (particularly the application of methods and means of contraception) should play a decisive role. (author's)

  10. Legal Abortion: Are American Black Women Healthier Because of It?

    Science.gov (United States)

    Cates, Willard, Jr.

    1977-01-01

    Reviews various aspects of legal abortion, including attitudes, practices, mortality and effects, as they relate to black American women. States that black women have shared in the health benefits accompanying the increased availability of legal abortion, probably to an even greater extent than white women. (Author/GC)

  11. Abortion laws into action: implementing legal reform.

    Science.gov (United States)

    Gerhardt, A J

    1997-01-01

    The worldwide trend towards liberalizing abortion laws has resulted in reduced abortion-related mortality in areas where legal abortion is accessible. In countries considering abortion reform, policy-makers and health care providers have a responsibility to ensure that provisions of any new law can be met. Preparations underway to prepare for South Africa's new abortion law can serve as a guideline for such action. A new abortion law calls for policy changes that may include 1) developing new standards, protocols, and guidelines for abortion care services; 2) ensuring provision of adequate trained staff willing to provide abortions; 3) streamlining administrative regulations to avoid delays; 4) establishing regulations and mechanisms for drug and equipment supply and distribution; 5) restructuring the health system to accommodate provision of abortion services; 6) allocating funds for new abortion services; and 7) reviewing and revising security measures. In addition, health professionals will require training in abortion provision, staff will need information updates about aspects of the legislation, and administrators and providers in a position to impede provision of services must be made aware of the affect of unsafe abortion on maternal health. Researchers should document the effect of the new law on women's health, the provision of reproductive health services, and the community. IEC (information, education, communication) activities will be required to inform the public about the new law and services, establish sex education programs in schools and health facilities, and mobilize family planning organizations and programs to help reduce the incidence of repeat abortions.

  12. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

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

  13. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  14. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

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

  15. Child Custody: Legal Decisions and Family Outcomes.

    Science.gov (United States)

    Everett, Craig A., Ed.

    This collection addresses child custody decisions and the resultant outcomes for children and their families. The first section of the book examines aspects of the legal decision-making process as well as legislative guidelines affecting custody and post-divorce issues. The second section focuses on post-divorce family patterns for fathers,…

  16. LNG project - contractual aspects

    Energy Technology Data Exchange (ETDEWEB)

    Goncalves, Bruno Almeida

    2008-07-01

    This paper intends to provide from the legal point of view an outline of the main challenges of a LNG project in the upstream, regulatory aspects, liquefaction, financing and midstream through a basic checklist; an overview of the contractual complexity of a LNG project; some basic discussion of particular LNG contract clauses; and a comparative analysis between the classic clauses of a Gas Transportation Agreement (GTA) through a gas pipeline and LNG logistic. (author)

  17. Description of basic mining legal principles.

    Science.gov (United States)

    Schmidt, Reinhard

    2014-01-01

    The Federal Mining Act manages access, via the system of mining concessions, to areas free for mining natural resources that do not belong to the surface property and deposits' owner. These cover especially important natural resources for the economy, including coal, ore, salt, crude oil and natural gas, and also terrestrial heat. For mining operations there exist, however, the same decrees for natural resources in the property of the surface owners, which are predominantly higher-value industrial minerals such as roofing slate, basalt, quartz sand, and clays for the fireproofing industry. In the case of mining laws, administrative procedures such as issuing mining concessions, approving operating plans, and issuing permits or licenses to explore according to water rights or the Federal Immission Control Act, those authorities and departments in whose remit the projects fall are dealt with by the Mining Authority. This means that the Mining Authority is the only state point of contact for the applicant, essentially an "all-in-one" service as it will itself instigate any further participation procedures required. The classic licensing procedure of mining is the operations plan procedure, whereby the operator submits an operating plan to the Mining Authority, which then examines it to ensure it fulfills mandatory legal safety objectives. If necessary these safety objectives can be met during licensing of the operating plans by stipulating additional requirements, Depending on the subject and validity period there are overall operating plans having the widest possible remit with comprehensive participation by the authorities and basic operating plans that form the basis for every mining works. There are also special operating plans, which owing to the dynamics of mining, resolve matters that suddenly become necessary or when the basic operating plans as originally conceived were not relevant. The closing-down operating plan is the designated tool for closing down

  18. Specifics of Formal and Legal Issues in Processes of Revitalizing Post-Industrial Buildings

    Directory of Open Access Journals (Sweden)

    Kochański Paweł

    2016-12-01

    Full Text Available The article deals with issues from the initial phase of the investment process connected with revitalizing postindustrial buildings: planning and programming investments in the functional and financial scope, as well as designing. The described formal and legal aspects are the result of a study of a few projects concerning the adaptation of buildings to serving a new function in Zielona Góra and Żaganie. The conclusions drawn from an individual view into each of the described problems are no different than when designing new buildings. It is not until we look into the whole preparation and design process, and gathering all experiences from the formal-legal sphere, that allows us to notice that, in the case of revitalizing postindustrial buildings and their adaptation to serve modern-day functions, a multifaceted but also specific approach is required.

  19. Specifics of Formal and Legal Issues in Processes of Revitalizing Post-Industrial Buildings

    Science.gov (United States)

    Kochański, Paweł

    2016-12-01

    The article deals with issues from the initial phase of the investment process connected with revitalizing postindustrial buildings: planning and programming investments in the functional and financial scope, as well as designing. The described formal and legal aspects are the result of a study of a few projects concerning the adaptation of buildings to serving a new function in Zielona Góra and Żaganie. The conclusions drawn from an individual view into each of the described problems are no different than when designing new buildings. It is not until we look into the whole preparation and design process, and gathering all experiences from the formal-legal sphere, that allows us to notice that, in the case of revitalizing postindustrial buildings and their adaptation to serve modern-day functions, a multifaceted but also specific approach is required.

  20. Seven Legal Duties of a Coach.

    Science.gov (United States)

    Figone, Albert J.

    1989-01-01

    This article identifies seven legal duties of coaches and discusses the practical application of each. These duties relate to supervision, planning, warning of risks, providing a safe environment, evaluating players for injuries and incapacities, fairly matching players, and first aid and emergency procedures. (IAH)

  1. Resistance to Reform in Legal Ethics Instruction.

    Science.gov (United States)

    Gee, Elizabeth D.

    Perceptions of forces that may restrain the implementation of needed change in legal ethics instruction were investigated in 1984, using a model of resistance to planned change proposed by Goodwin Watson. Based on this model, five barriers to change were assessed: conformity to norms, systemic and cultural coherence, vested interests, the…

  2. [Rape-related pregnancy in Brazil: the experience of women seeking legal abortion].

    Science.gov (United States)

    Machado, Carolina Leme; Fernandes, Arlete Maria Dos Santos; Osis, Maria José Duarte; Makuch, Maria Yolanda

    2015-02-01

    In Brazil, abortion is permitted by law in cases of rape-related pregnancy. This study reports on various aspects in the experience of women that have been sexually assaulted: diagnosis of the pregnancy, seeking legal abortion, and hospitalization in a university hospital. This was a qualitative study that interviewed ten women 18 to 38 years of age, with at least eight years of schooling, one to five years after legal abortion. The women had been previously unaware of their right to a legal abortion, were ashamed about the sexual assault, kept it secret, and had not sought immediate care. The diagnosis of pregnancy provoked anxiety and the wish to undergo an abortion. Women treated through private health plans received either insufficient orientation or none at all. Respectful treatment by the healthcare staff proved relevant for the women to cope with the abortion. The study highlights the need to publicize the right to abortion in cases of rape-related pregnancy and the healthcare services that perform legal abortion, in addition to training healthcare and law enforcement teams to handle such cases.

  3. Legal responsibility and accountability.

    Science.gov (United States)

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance.

  4. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  5. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  6. The Legal Translator’s Approach to Texts

    Directory of Open Access Journals (Sweden)

    Radegundis Stolze

    2013-02-01

    Full Text Available Translation can be a basis for humanistic investigations when translation is seen as a personalized activity. The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts. Various aspects have to be considered in such texts, since the cultural and legal background is evident in linguistic aspects at the text level. Different text types are rooted in a specific legal system and fulfill their function within a special field of law. Comparative law does research on the differences in legal concepts, whereas translation uses this knowledge as a basis. Legal terminology presents various levels of abstraction and appears in texts besides general language words. Well-grounded understanding along with subject knowledge is necessary for legal translation. This should be combined with proficiency in writing in the legal style. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.

  7. 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

  8. Analysis of the legal aspects in public tender electronic made by PETROBRAS through the system Petronect under Decree no. 2.745/98; Analise da juridicidade das licitacoes eletronicas feitas pela PETROBRAS atraves do sistema Petronect nos termos do decreto 2.745/98

    Energy Technology Data Exchange (ETDEWEB)

    Prestes, Madelon Rocha Ribeiro [Transportadora Brasileira Gasoduto Bolivia-Brasil S.A. (TBG), Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work examines the question of possible of use an electronic tool through internet, the Petronect, to facilitate the completion of procedures to carry through licitations for the PETROBRAS Group that is being debated in diverse instances in the Brazilian present time. This analysis should take into account the existing law on licitations, the constitutionality of Decree 2.745/98, as well as economic facts. Due to the understanding of TCU - expressed on several occasions - in the sense that PETROBRAS would be required to use the Law 8.666/93 in its bids, is being challenged the constitutionality of Decree 2.745/98 and their use for licitations procedures. They will be examined the conceptual and legal aspects of the decree, and the relationship and the importance of the function for the Group Purchases damage. Thus, the analysis will cover the new issues raised by EC 19/98, the constitutionality of the decree, the position of the Court of Auditors of the Union and the Federal Supreme Court (STF) and the legislation published on this subject. The existing conclusion in this work shows how right - under the optical legal and constitutional - the use of the portal Petronect to carry out the licitations of PETROBRAS under Decree 2.745/98 and non-use of Law 8.666/93, for this is not appropriate to the specific activity of company. (author)

  9. Aspectos éticos e legais das anotações de enfermagem nos procedimentos de doação de órgãos para transplantes Ethical and legal aspects of the nursing records of organ donors for transplant

    Directory of Open Access Journals (Sweden)

    Maria Barcelos Dalri

    1999-09-01

    Full Text Available Objetivo deste estudo foi verificar os registros de enfermagem de pacientes doadores de órgãos quanto aos aspectos éticos e legais. Foram analisados os registros de enfermagem de 12 prontuários de pacientes doadores de órgãos internados em um Hospital Universitário do interior do estado de São Paulo, no período de Janeiro de 1992 a agosto de 1996. Foi identificada a informação quanto ao consentimento para doação de órgãos nos registros de enfermagem em 16,7% dos prontuários. Observamos, em 91,7% dos prontuários, falta de data, de assinaturas, ou presença de rasuras nos registros de enfermagem.The objective of this study was to verify the ethical and legal aspects concerning the documentation of nursing practice in the organ donor's records. The records of the 12 organ donors admitted in a Brazilian University Hospital, from January/1992 to august/1996 were analysed. The donor consent was reported by nurses in 16,7% of the records. Defects that preclude legal value for the charling such as missing date or signature, erasure were found in 91,7% of the records.

  10. Medicação: aspectos ético-legais no âmbito da enfermagem Medicación: aspectos ético-legales en lo contexto de la enfermería Medication: ethical and legal aspects for nursing

    Directory of Open Access Journals (Sweden)

    Flávio Trevisani Fakih

    2009-02-01

    Full Text Available Este artigo trata dos deveres e responsabilidades dos profissionais de enfermagem frente ao processo de medicação. A partir de um levantamento acerca da legislação vigente, os autores realizam considerações sobre as implicações legais que incidem sobre os profissionais de enfermagem, especialmente aquelas relacionadas aos desvios na qualidade da assistência e que envolvem a medicação, bem como sobre as contradições que a legislação apresenta e que cerceiam o acesso às informações sobre os medicamentos a esses profissionais.El presente articulo trata de los deberes y responsabilidades de los profesionales de enfermería adelante al proceso de medicación. A partir de una revisión de la legislación vigente, los autores hicieran consideraciones acerca de las implicaciones legales que pueden incidir en los profesionales de enfermería, especialmente aquellas relativas a los desvíos en la calidad de la asistencia y que envuelven la medicación, así como las contradicciones que la legislación presenta y que cercean el acceso a las informaciones sobre los medicamentos por parte de eses profesionales.This article treats of the duties and responsibilities of nursing staff concerning medication process. From a survey about the valid legislation, the authors made considerations about the legal implications to the nursing staff, especially related to the assistance quality detours involving the medication process, as well as the contradictions in law that restrict the information access about medication to these professionals.

  11. SOCIAL LEGAL TRANSFORMATION OF PAKISTAN

    Directory of Open Access Journals (Sweden)

    Sohaib Mukhtar

    2015-07-01

    Full Text Available Pakistan came into being in 1947. It struggled a lot during its initial days. It did not come to consensus to make a constitution until 1956 but later on military regime intervened. It is a drawback of Pakistan that laws and the constitution are not made indeed for its people rather they are made for the selfish elite who come into the power time to time without the support of the people. An unelected person cannot make a law for the betterment of the people he always do things for his own interest. Purpose - To point out weaknesses and hindrances in the social legal transformation of Pakistan and to recommend changes and best possible ways to build a highly social legal transformed society. Design/methodology/approach - The treatise is made taking into account the qualitative approach by looking into the historical prospect of social legal issues of Pakistan and to come to a conclusion to draw a better picture if followed the suggested steps. Findings - The paper includes the review of the history and weaknesses in legal transformation and comprehensive suggested steps to be followed to overcome the weaknesses and deficiencies. Research limitations/implications - The paper is limited to the social and legal aspects of the transformation in Pakistan and does not go into the deep details of politics and culture. Practical implications - Suggested steps can be followed by the legislature to make amendments in laws and to make more suitable laws which is a necessity for the better social transformation of Pakistan. Originality/Value - The research is a good piece and has an importance in its field and may help a lot in the development of the country and the region specially and the world at large generally. Keywords: Islamic rulers of the sub-continent; British India and its laws; Constitution of Pakistan 1956,1962 and 1973. Research type: The said research is a critical analysis on the development and transformation of Pakistan with respect to law

  12. Aspectos legales del uso de drogas ilícitas en México Aspectos legais do uso de drogas ilícitas no México Illegal aspects of illicit drugs use in Mexico

    Directory of Open Access Journals (Sweden)

    Ruth Magdalena Gallegos Torres

    2009-01-01

    Full Text Available El objetivo del estudio fue conocer las opiniones de un grupo de personas sobre aspectos legales en materia de adicción. Se trata de un estudio descriptivo transversal; se aplicó una encuesta estructurada, formada por 4 apartados. Uno de los criterios para participar fue que la persona no consumiera drogas y que conociera a alguien cercano que las consumía. Los datos obtenidos se procesaron en el paquete estadístico SPSS V. 14. Participaron 100 sujetos, en el cual, 75% eran del género femenino, 38% tenían una relación de amistad con un usuario de drogas ilícitas, el cual consumía mayoritariamente marihuana y cocaína. Como opinión general, se sugiere que las leyes sean más rigurosas para quienes consumen, venden o transportan drogas. Las leyes actuales no mejoran la conducta criminal de los consumidores. Es importante realizar otros estudios, de opinión sobre este fenómeno, que puedan ofrecer una visión más real del problema de las drogas.Este estudo teve como objetivo conhecer as opiniões de um grupo de pessoas sobre questões jurídicas no domínio dos vícios. É estudo transversal, descritivo. Para o levantamento, foi utilizado um questionário estruturado com quatro temas. Um dos critérios para a participação era de que a pessoa não usasse drogas e que tivesse alguém próximo que usasse. Os dados foram processados usando SPSS V. 14. Participaram 100 indivíduos, dos quais 75% eram do sexo feminino, 38% tinham relação amigável com um usuário de drogas ilícitas, principalmente consumidores de maconha e cocaína. Como opinião geral sugeriram que as leis deviam ser mais punitivas para aqueles que consomem, vendem ou transportam drogas. As leis vigentes não melhoram o comportamento criminoso dos consumidores. É importante conduzir estudos de opinião sobre o fenômeno para que se possa ter visão mais realista do problema do consumo de droga.The objective of this cross-sectional, descriptive study was to obtain the

  13. Legal Services: The Army Legal Assistance Program

    Science.gov (United States)

    2007-11-02

    legal services providedpro bono publico are not always on a no-fee basis because a reduced fee for professional services may be permissible in such...y f o u n d w i t h i n a p r i n c i p a l residence. Pro bono publico Legal services provided by civilian attorneys “for the public good or welfare...business activities, 3–6, 3–8 P r i v i l e g e , a t t o r n e y - c l i e n t , 3 – 8 , 4 – 3 , 4 – 8 , 5–5 Prisoners, 2–5 Pro bono publico , 3–7

  14. Aspects of Malpractice in Prosthodontics.

    Science.gov (United States)

    Nassani, Mohammad Zakaria

    2017-06-09

    Crowns, fixed partial dentures, and removable dentures are the popular prosthetic dental restorations in current dental practice. Prosthodontic rehabilitation of the mouth, particularly in advanced and complex cases, requires careful planning, adequate clinical skills, and exacting technical standards. While a successful outcome is the ultimate goal for any prosthodontic treatment, complications, injuries, dissatisfaction, and/or failure may occur. When such events develop as a result of negligence or violation of standards of care, they are considered under the term of malpractice and may incur ethical and medico-legal implications. This paper reviews and highlights some aspects of malpractice in prosthodontics. The current state of prosthodontic malpractice on a global level will also be evaluated. Standards of prosthodontic care, current literature of prosthodontic malpractice, where and how prosthodontic malpractice occurs, and recommendations for the future are presented. A thorough understanding of what is quality prosthodontic care and what disrupts this care can be a useful guard against professional litigation and may protect patients from poor quality of dental prosthetic care. © 2017 by the American College of Prosthodontists.

  15. Legal duties to respect abortion choices.

    Science.gov (United States)

    Dickens, Bernard M

    2003-01-01

    This paper addresses legal protection of individual choices to obtain abortion services, to decline to perform abortions on grounds of religious objection, and to participate in these procedures. It considers legal duties to respect women as decision-makers in their own lives, including when they decide to continue pregnancy. The choice to decline participation in abortions is an aspect of religious freedom available to physicians, nurses, and, for instance, pharmacists, but not artificial legal persons such as hospital and clinic corporations. Refusal does not extend to ancillary functions such as serving meals, routine pre-operative and post-operative care of abortion patients or typing abortion referral letters. Physicians practising in proximate care must be trained in appropriate medical management of incomplete and threatened abortion even when they would refuse to apply such techniques to induce abortion.

  16. PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2016-02-01

    Full Text Available The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers

  17. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  18. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

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

  19. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  20. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  1. Legal aspects of end-of-life decisions in Italy: the penal relevance of the limitation of treatment in the terminally ill and the problem of causality by omission. The legal puzzle of end-of-life care in Italy: is therapeutic limitation in the terminally ill patients a crime of omission liable to prosecution?

    Science.gov (United States)

    Fabris, E P; Piccinni, M

    2008-01-01

    The interruption of life support poses different problems for he who interrogates himself regarding the possible juridical role of omissible behaviour or activities by part of the physician when dealing with end-of-life interventions within the boundary of life and death. The present contribution proposes to trace the coordinates necessary to answer the main query regarding the obligations which may be incumbent on the physician. For this reason, the necessity to interpret the legal sanctions in a technical key is highlighted. This is performed in sight of a progressive and inevitable adaptation to problems which are the result of a social evolution, and to the conception of values which constitute an object responsibility, as renewed by the constitution. The laws that discipline crimes against life and individual integrity must be interpreted while keeping in mind that the objective of maintaining the patient in life must be integrated with the control of suffering and the guarantee of a dignified death. When identifying the principles which have to inspire the decisions during 'borderline or boundary situations', it is highlighted the way the physician has to resort to a just equilibrium between benefit, which can be reasonably expected, and sacrifice, which should be imposed, taking into consideration the criteria of good clinical practice, among which attention to the patient's will must be taken into consideration.

  2. Aspectos ético-legais da retirada e transplante de tecidos, órgãos e partes do corpo humano Aspectos ético-legales de la retirada y transplante de tejidos, organos y partes del cuerpo humano Legal-ethical aspects of the removal and transplantation of tissues, organs and parts of the human body

    Directory of Open Access Journals (Sweden)

    Elenice Dias Ribeiro de Paula Lima

    1997-10-01

    Full Text Available As autoras fazem uma análise crítica da legislação em vigor relativa aos transplantes de órgãos, tecidos e partes do corpo humano, e tecem comentários sobre os artigos pertinentes a eles nos respectivos códigos de ética médica e da enfermagem, alertando os profissionais de enfermagem para a necessidade de registrarem as infrações cometidas contra o cliente, à luz desses códigos.Las autoras hacen un analisis crítico de la legislación en vigor referente a los transplantes de órganos, tejidos y partes del cuerpo humano y hacen comentarios sobre los artículos pertinentes a ellos en los respectivos códigos de ética médica y de enfermería, alertando a los profesionales de enfermería sobre la necesidad de registrar las transgresiones hechas contra el cliente, a la luz de esos códigos.The authors analise critically the current legislation related to the transplantation of organs, tissues and parts of the human body, as well as they comment the articles which refer to this topic and which are found in medical and nursing ethical codes, advising nursing professionals to the need of registration of legal infractions attempted against the clients.

  3. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse.

  4. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  5. The legal self: executive processes and legal theory.

    Science.gov (United States)

    Hirstein, William; Sifferd, Katrina

    2011-03-01

    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channelling conscious decision-making into intentions and actions, or inhibiting action. We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants' intentions or plans to commit crimes and their awareness that certain facts are the case (for instance, that a gun is loaded), as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. Copyright © 2010 Elsevier Inc. All rights reserved.

  6. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

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

  7. Nominal aspect

    DEFF Research Database (Denmark)

    Rijkhoff, Jan

    1991-01-01

    In a general way the notion 'aspect' can be defined as the way in which a property or relation is represented in some dimension. Two kinds of aspect can be distinguished: verbal and nominal aspect. The study of verbal aspect has a long tradition, but nominal aspect has only been introduced recently......, at least in the sense in which it is used here (Rijkhoff 1989b, 1990a, 1990b). After a brief look at the more familiar verbal aspects, each of the nominal aspects is discussed in some detail. Then the relevance of nominal aspect will be considered in connection with (i) certain 'number markers' (which...... will be analysed as nominal aspect markers below), (ii) noun-incorporation, and (iii) predicate nouns....

  8. [Review of the psychiatric aspects of anti-NMDA (N-methyl-D-aspartic acid) receptor encephalitis, case report, and our plans for a future study].

    Science.gov (United States)

    Herman, Levente; Zsigmond, Ildiko Reka; Peter, Laszlo; Rethelyi, Janos M

    2016-12-01

    disorders with psychotic symptoms is still not clear. After reviewing the most important studies regarding the psychiatric aspects of anti-NMDAR encephalitis, we present a case report of a patient with a pure psychiatric manifestation of this disease. We conclude with a short outline of the design and plan of our future study.

  9. Legal Lexicography in Theory and Practice

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2015-01-01

    with other words in collocations, phrases and sentences. Data items that deal with these aspects are necessary for Danish users translate subject-specific and register-specific texts into a foreign language. The theoretical aspects discussed and supported by prototypical examples from the planned online...

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

    Energy Technology Data Exchange (ETDEWEB)

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

    1979-03-01

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

  11. Strengthening of the Legal Enforcement and Severe Punishment of the Illegal Behavior--An Interpretation of Water Pollution Control Action Plan%增强执法力度,严惩违法行为--对《水污染防治行动计划》的解读

    Institute of Scientific and Technical Information of China (English)

    续衍雪; 徐敏

    2015-01-01

    Water Pollution Control Action Plan (the Plan) is issued by the State Council to promote the construction of environmental control system and realize the modernization of governance capacity as well as strengthen the enforcement of water environmental protection development in China. In the paragraph 18 - “strengthening the legal enforcement” of Article 6 -“strict supervision management of legal enforcement of environmental protection” stipulated in the Plan on the basis of the rule by law mentioned in the Third Plenary Session of the 18 Central Committee of the Communist Party of China and the new Environmental Protection Law, it is regulated that specific measures for environmental supervision and legal enforcement strengthening are put forewords including red-yellow card management of the polluting enterprises, construction of stepped environmental supervision and legal enforcement mechanism and severe crackdown of illegal environment behavior, etc.. Therefore, pollution control by a strong hand will promote the legal enforcement of environmental protection and fulfill the tough tasks for water pollution control all around.%为了推进环境治理体系建设和实现治理能力现代化,加大全国水环境保护工作开展的力度,国务院颁布了水污染防治纲领性文件《水污染防治行动计划》,其中第六条“严格环境执法监管”第十八款“加大执法力度”以十八届四中全会提出的“依法治国”及新《环保法》为基础,针对环境监管、加强执法等提出排污企业的“红黄牌”管理制度、逐级环境监督执法机制建设及严厉打击环境违法行为等具体措施,以铁腕治污,推进环境执法力度,全面打响水污染防治“攻坚战”。

  12. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  13. 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.

  14. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  15. Building evidence for legal decision making in real time: legal triage in public health emergencies.

    Science.gov (United States)

    Hodge, James G; Lant, Timothy; Arias, Jalayne; Jehn, Megan

    2011-09-01

    Similar to the triaging of patients by health care workers, legal and public health professionals must prioritize and respond to issues of law and ethics in declared public health emergencies. As revealed by the 2009-2010 H1N1 influenza outbreak and other events, there are considerable inconsistencies among professionals regarding how to best approach these issues during a public health emergency. Our project explores these inconsistencies by attempting to assess how practitioners make legal and ethical decisions in real-time emergencies to further critical public health objectives. Using a fictitious scenario and interactive visualization environment, we observed real-time decision-making processes among knowledgeable participants. Although participants' decisions and perspectives varied, the exercise demonstrated an increase in the perception of the relevance of legal preparedness in multiple aspects of the decision-making process and some key lessons learned for consideration in future repetitions of the exercise and actual, real-time emergency events.

  16. [The social and medicolegal aspects of maternal request or non-medically indicated cesarean section].

    Science.gov (United States)

    Fisher, Menachem; Shrem, David; Solt, Ido

    2013-07-01

    Patient choice cesarean or cesarean by maternal request/ demand is a controversial issue. The medical literature contains evidence based data on the medical aspects of patient choice cesarean, risks and benefits to the mother and her newborn. Fewer studies focused on the social and legal aspects of patient choice cesarean. This opinion paper discusses the social and legal aspects of patient choice cesarean.

  17. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  18. Flying High: The Aeromedical Aspects of Marihuana

    Science.gov (United States)

    A summary of the discussions from the Civil Aeromedical Institute Symposium on aeromedical aspects of marihuana is presented. The invited panel...discussed the legal aspects of marihuana use and aviation, the experiences of military aviation, and the acute and chronic effects of the drug. For civil...aviation, the panel proposed a 12-16 hour period between marihuana use and work in aviation, no radical changes in FAA policy towards marihuana use, and additional research on aeromedical aspects of marihuana .

  19. Medicolegal aspects of iatrogenic root perforations

    DEFF Research Database (Denmark)

    Tsesis, I; Rosen, E; Bjørndal, L

    2014-01-01

    AIM: To retrospectively analyze the medico-legal aspects of iatrogenic root perforations (IRP) that occurred during endodontic treatments. METHODOLOGY: A comprehensive search in a professional liability insurance database was conducted to retrospectively identify cases of IRP following root canal...... treatment (p root perforation is a complication of root canal treatment and may result in tooth extraction...... and in legal actions against the treating practitioner. Mandibular molars are more prone to medico-legal claims related to root perforations. The patient should be informed of the risks during RCT and should get information on alternative treatments and their risks and prognosis...

  20. 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.

  1. 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 expl

  2. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  3. Ethical and legal dilemmas in infertility treatment

    Directory of Open Access Journals (Sweden)

    Dragojević-Dikić Svetlana

    2004-01-01

    Full Text Available One of the main characteristics of the new millennium is the affirmation of human rights in all aspects of human existence, with the intention of turning declarative statements into reality. Development of up-to-date assisted reproductive technologies (ART and their application in infertility treatment have raised numerous ethical, legal, religious, social and other questions. In vitro fertilization, donation of gametes, embryos and pre-embryos, cryopreservation of gametes, embryos, ovarian and testicular tissues, embryo transfer, genetic reproductive techniques, cloning and other sophisticated methods used in infertility treatment require cooperation between the medical and legal professions. Ethical aspects of human reproduction and assisted fertilization are based on full respect of the life of an individual even before conception, from pre-embryo stage, via embryo stage and fetus stage to a newborn infant. Regarding investigative and clinical projects, this standpoint implies the legalization of all ART procedures, unencumbered exchange of information and consensus about their application, and adherence to the basic ethical principles of autonomy benefit, justice and common welfare. Ethical postulates provide unequivocal directions in the creation of new life and resolve all possible ethical dilemmas, protecting the rights of doctors and participant in relevant procedures alike and reasserting the crucial principle - respect of human dignity.

  4. Equalization of Legal Status with Respect to Gender

    Directory of Open Access Journals (Sweden)

    Nadezhda Tarusina

    2016-01-01

    Full Text Available This article discusses the current trends in Russian legal doctrine and legislation on aligning the legal status of women and men, taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights.It analyzes and critically reflects upon the gender aspects and content of those branches of Russian law in which such aspects are most clearly represented, either objectively or by tradition – techniques for gender neutralization of legal norms, the establishment of gender privileges and gender restrictions in legal status.Constitutional law: the basic premise of gender equality, preferential treatment for certain categories of citizens, gender limitations; problems of quotas for women’s representation in government, administration and other structures, provisions for women’s representation in party electoral lists, etc.Criminal Law: trends in the gender neutralization of crimes of a sexual nature while maintaining criminal responsibility for offenses against pregnant women, etc.; gender neutralization of preferential treatment in the punishment of persons with children.Family Law: Russia’s traditional view of marriage and parenthood; privileges for women in the divorce process, disputes about children, maintenance obligations; gender restrictions on adoption, assisted reproductive technologies; variants of gender neutralization of some family law norms.Labor law: the preservation of absolute protection of the rights and interests of pregnant women and mothers of young children; the trend for gender neutralization of the legal status of parents of young children; continued restrictions on women’s access to certain areas of work.Analysis of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights shows that on a number of gender equality aspects in Russian legislation and law enforcement practice, the views of these

  5. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  6. Immigrant health: legal tools/legal barriers.

    Science.gov (United States)

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

  7. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    requirements, state living will statutes, state death and gift taxes, and adoption of the Uniform Gifts to Minors Act. Several forms designed to be...health care, and a summary of state living will legislation. Legal assistance attorneys are advised that these state and territorial statutes are subject... state living will statutes is Gelfand, Living Will Statutes: The First Decade, 5 Wis. Law. Rev. 737 (1987). a A recent article addressing the types of

  8. Cultural Dimensions Of Legal Discourse

    Directory of Open Access Journals (Sweden)

    Sierocka Halina

    2014-09-01

    Full Text Available Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

  9. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  10. The Regulation of the Security of Electronic Information in Lithuania and Russia: the Comparative Aspects

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2012-12-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with such offences as terrorism and drug trafficking due to its risks and profitability. Therefore, the legal regulation of cybercrime is one of the most relevant problems in the world, including Lithuania and our neighbouring country, Russia. So far cybercrime analysis in scientific literature has been rather limited. We have not succeeded in finding a comparison between the regulatory practices of cybercrime in the Russian Federation and the Republic of Lithuania in any of the references.The main goal of the thesis paper is to analyse and to compare the electronic information security legal framework of the Russian Federation and the Republic of Lithuania.The article consists of two parts. The first part deals with the comparative aspect of strategic documents—the program governing electronic information protection in Lithuania and the Russian Federation.The second part of the article examines the comparative aspect of electronic information protection legislative, legal framework Republic of Lithuania and the Russian Federation. It was found that at the moment in both countries there is a strategic document which defines the planned state policy in this area, but the lack of a Lithuanian Law which can fully and consistently regulate social relations in relation to electronic information security.Several different approaches have been used in the research. The authors have used a comparative method to investigate the Lithuanian and Russian legal framework for the security of electronic information. Empirical analysis of legal documents was used to determine the legal regulation of the security of electronic information in Lithuania and Russia. Legal acts of the Republic of Lithuania and the Russian Federation have been analysed. Having analysed the official

  11. The Regulation of the Security of Electronic Information in Lithuania and Russia: the Comparative Aspects

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-02-01

    Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with such offences as terrorism and drug trafficking due to its risks and profitability. Therefore, the legal regulation of cybercrime is one of the most relevant problems in the world, including Lithuania and our neighbouring country, Russia. So far cybercrime analysis in scientific literature has been rather limited. We have not succeeded in finding a comparison between the regulatory practices of cybercrime in the Russian Federation and the Republic of Lithuania in any of the references. The main goal of the thesis paper is to analyse and to compare the electronic information security legal framework of the Russian Federation and the Republic of Lithuania. The article consists of two parts. The first part deals with the comparative aspect of strategic documents—the program governing electronic information protection in Lithuania and the Russian Federation. The second part of the article examines the comparative aspect of electronic information protection legislative, legal framework Republic of Lithuania and the Russian Federation. It was found that at the moment in both countries there is a strategic document which defines the planned state policy in this area, but the lack of a Lithuanian Law which can fully and consistently regulate social relations in relation to electronic information security. Several different approaches have been used in the research. The authors have used a comparative method to investigate the Lithuanian and Russian legal framework for the security of electronic information. Empirical analysis of legal documents was used to determine the legal regulation of the security of electronic information in Lithuania and Russia. Legal acts of the Republic of Lithuania and the Russian Federation have been analysed. Having analysed the official

  12. Challenges for Sustainable Development and Its Legal Response in China: A Perspective for Social Transformation

    Directory of Open Access Journals (Sweden)

    Tianbao Qin

    2014-08-01

    Full Text Available With rapid development since the 1970s, China is entering a period of social transformation, which not only creates favorable conditions for sustainable development but also presents new challenges. The transitional period in China is a stage in which two types of social transformation coexist, the first is the social transformation from agricultural society to industrial society; the second is the transition from industrial society to postindustrial society. In this process of social transformation, new challenges arise for sustainable development in China. In the first layer of social transformation, we respond to the challenges presented by the social transformation through the establishment of basic principles of environmental law, legal enforcement mechanisms, basic legal regimes and so on. In the second layer of social transformation, the advent of a risk society raised new challenges to environmental law, including that of adjusting the function of environmental law, strengthening the precautionary principle, diversification of implementation mechanisms, and development of the preventive function of legal regimes. In order to better respond to these challenges, we should proceed with the following aspects: improve the legal functions of environmental law, including guaranteeing public security, ecological security and the coordination of multiple interests; expand and develop the content of the principle of prevention, and replace the polluter pays principle by the causer responsibility principle; combine administrative measures with economic incentives, and while setting government as the main executive body, effectively operate public participation mechanisms; expand the scope of environmental impact assessment of projects, and establish planning environmental impact assessment, build up and improve information disclosure system, and establish environmental risk assessment system and green tax system.

  13. [Minor cranial injury: clinical, audiovestibular and medico-legal aspects].

    Science.gov (United States)

    Tripodi, D; D'Ambrosio, L; Palladino, V; Paduano, F

    1989-02-28

    Minor cranial trauma is a common pathology upon which there is no general agreement. This is why the verification and quantification of the damages should not depend on the analysis of subjective data and objective elements which are not quantifiable. By careful clinical and instrumental examination of 42 patients, the authors come to the conclusion that ENG and ABR can often provide objective and documentable data of clinical and forensic relevance.

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

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...... to introduce a platform which is in compliance with the provisions imposed by EU law with regard to personal data protection....

  15. Legal aspects of the players’ agents licensing system in football.

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2007-01-01

    Full Text Available Sport entities have always tried to protect their autonomy from interventions. This status has been seriously put into question by the authorities of the European Communities and especially by the Court of the European Communities. One of the most recent cases where sport authorities were confronted with European competition law, was about the area of players’ agents licenses. In the present, the reader can find a summary of the famous «Piau Case» (C-171/2005 tackling problems such as whether private organisations like F.I.F.A., whose main statutory purpose is to promote football, have a rule-making power, concerning the issuance of these licenses, taking into consideration that these rules do not have a sport-related object but regulate an economic activity that is peripheral to the sporting activity in question and touch on fundamental freedoms.

  16. Legal aspects of the disclosure of HIV serostatus by educators

    African Journals Online (AJOL)

    Erna Kinsey

    the epidemic is eroding development gains, undermining management .... This Act aims to foster a culture ... actively promote a society in which the people of South Africa have .... learner, student or educator with HIV/AIDS has been divulged must ..... tails recognition of individual autonomy, that all persons should be.

  17. Legal Aspects of Personnel Management in Higher Education.

    Science.gov (United States)

    Kaiser, Michael G.; Greer, Dwight

    1988-01-01

    Reviews legislation and court decisions affecting higher education with respect to labor relations, promotion of minorities, retrenchment, sexual harassment, liability insurance, the impact of AIDS on personnel policies, affirmative action, and equal employment opportunity. (DMM)

  18. [Legal and practical aspects of euthanasia: experiences in The Netherlands].

    Science.gov (United States)

    Visser, Jacob J F

    2008-01-01

    Following a debate of more than 30 years the "Dutch Termination of Life on Request and Assisted Suicide Act" has come into force in 2002. Basically, the termination of life on request will in accordance with the Criminal Code remain punishable. Punishability is precluded if the physician notifies the review committee that he has performed termination of life on request and the committee is of the opinion that the physician has satisfied the due care criteria dictated in the Act. The Public Prosecution Service will not be informed, so the physician cannot be penalized. The review committee is composed of a lawyer, a physician and an expert on ethical issues.

  19. [Informed consent and risk management: medico-legal aspects].

    Science.gov (United States)

    Moreschi, C; Leone, E; Sabot, A

    2010-01-01

    In every relief run, both to the goals of medical performance quality and in the optics of a therapeutic alliance, it is fundamental to create a relationship of trust among the physician and the patient, in which communication assumes a fundamental role. The informed consent is set as an integral part of the sanitary action as conclusive moment of that "therapeutic alliance" fundamental to face in a correct way every illness, and it legitimates the same sanitary action, as it is the demonstration of the constitutionally guaranteed right of patient's autodetermination. The A.O.U.D. of Udine has undertaken a run of accreditation to the Joint Commission International that it foresees a revision of the informative runs and an updating of the forms of informed consent, with the purpose to overcome the traditional physician-patient relationship, recognizing to all the patients an active role in the exercise of the medical action and in the care process. In fact the information must be lived as integral part of the sanitary action, with the awareness that this, private of such a part, would result incomplete and inaccurate, independently from the result. In such optics, the consent form, created absorbing legislative, ethical and deontological principles and jurisprudential orientations, will be illustrated and particular considerations about the type of information that must be given to the patient for treatments effected in day-surgery, will be formulated.

  20. Legal aspects of transboundary movements of spent catalysts

    Energy Technology Data Exchange (ETDEWEB)

    Wuttke, J. [Umweltbundesamt, Dessau (Germany)

    2006-07-01

    Long years of world-wide effort to control transboundary movements of waste, espe-cially waste exports from industrial states to developing countries have led to the establishment of a comprehensive regulatory system, comprised of international, European and national laws that are often revised and modified. The Federal Republic of Germany is a Party State to the Basel Convention and the OECD as well as a Member State of the European Union. (orig.)

  1. Legal aspects of the disclosure of HIV serostatus by educators

    African Journals Online (AJOL)

    Erna Kinsey

    multiplicity of factors. One of ... family or friends and isolation at a time support is of vital importance ... concluded that protection may be found in the law that regulate the ... balance the rights of HIV positive employees and with those of the .... analyse disclosure factors related to the school environment. ..... Rights at work.

  2. Legal Aspects of Propaganda and Incitement via Satellite

    Science.gov (United States)

    Achilleas, P.

    2002-01-01

    At the beginning of space broadcasting, the use of satellite for propaganda was feared by most countries. Several studies have shown the potential threat of propaganda via satellite. For these reasons, some delegations tried unsuccessfully to include in the 1967 Outer Space Treaty an article prohibiting space propaganda. Finally, under pressure from the Soviet Union and Brazil, the preamble of the 1967 Treaty refers to the 1947 Resolution 110 (II) of the United Nations General Assembly, which condemns propaganda. International law complements the Outer Space Treaty by expressly condemning certain types of propaganda. International law, through several texts condemns war propaganda aimed at provoking armed conflict as well as subversive propaganda aimed at provoking a Coup d'Etat. With the recent war in Afghanistan, the question of war incitement via satellite was invoked in regard to the channel Al Jazzera which was reproached for encouraging conflict and diffusing the words of Osama Ben Laden calling for holy war against the United States. Here again, international law prohibits war incitement. However, the notion of propaganda and war incitement does not lead to an automatic restriction of information since communication via satellite is also protected by freedom of information. Therefore, in all democratic societies, a balance should be made between freedom of information and protection of public order, national security and international peace. Several examples will be taken in order to illustrate this paper, for example of Al Jazzera accused of war and terrorist incitement, Med TV accused by Turkey of subversive Kurdish propaganda and CNN accused by China of defamatory propaganda.

  3. Medical, psychologic, and legal aspects of child custody disputes.

    Science.gov (United States)

    Duncan, J W

    1978-07-01

    An increasing number of children seen in pediatric practice are children of divorce. The child is often involved in the conflict between his parents in regard to custody and visitation. The physician will want to be familiar with the historical background of child custody decisions and the present guidelines the courts are using in determining custody and visitation, together with the newer and controversial proposals concerning the elusive concept of "best interests of the child." It is important that the pediatrician recognize the usual phenomenology of the young child's response to family disruption, lest he ascribe it to some fault on the part of the current caretaker. Some children respond to disruption in the family with symptoms that warrant intervention directed toward helping the child. All cases warrant intervention designed to enhance the parenting ability of the custodial parent and to enlist the cooperation of the noncustodial parent to minimize adverse influences on the child's developmental agenda. The physician should be well prepared if he participates in court procedures regarding custody and visitation controversy.

  4. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    . Electronic Commerce mediated via the telecommunications network has enabled electronic ordering, electronic purchase and electronic payments. In addition digital goods such as software have no physical appearance and can be subject to electronic distribution. Not all parts of the existing legislation fit...

  5. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  6. LEGAL ASPECTS OF THE REGULATORY FRAMEWORK FOR CREDIT RATING AGENCIES

    Directory of Open Access Journals (Sweden)

    Oana Mihaela MARIOARA (ORHEIAN

    2014-06-01

    Full Text Available This article makes an analysis of the main regulations used by the credit rating agencies on the financial market. The article describes the main specific legislation on credit rating agencies existing on the market. Credit rating agencies are issuing independent opinions on the reliability of an entity, of a debt, of financial obligations, or of a certain financial instrument. The credit ratings issued by the credit rating agencies established in the European Union are analysed by investors, debtors, issuers and governments, helping all these entities in making any decisions on investments and financing. These ratings may also serve as reference for determining their own funds, necessary to ensure the solvency or reference helping the investors in assessing any risks related to their investment activities. Rating agencies and the products they offer on the international capital market are subject of various researches, which mainly refer to market structure and organization, to the architecture of agencies` s rating systems, to the rating functions, to the controversies concerning rating activity, the role of rating agencies and rating quality.

  7. Pharmaceutical firms' generosity and physicians: legal aspects in Belgium.

    Science.gov (United States)

    Desmet, Christophe

    2003-01-01

    In this article we will examine the relation between physicians and (representatives of) the pharmaceutical industry. More in particular we want to discuss the appropriateness of some of the gifts that are given to physicians by companies in the pharmaceutical (and medical equipment) industry, since there has been growing concern about the potential negative consequences of these so-called 'gift-giving practices'. Although the relation between physicians and industry can result in impressive medical advances, they also create opportunities for bias and can result in unfavourable public perceptions, over-consumption and misuse of public money. First of all, a concise factual summary of the different types of gift-giving will be given, since not every gift can automatically be considered as inappropriate: depending on the extent to which the gift serves a function beneficial to patient care and on whether the same benefits can be realised through less costly promotional activities, gifts can be appropriate. In connection with that remark, we will next outline the positive and negative impact pharmaceutical promotion has on patient welfare, according to advocates as well as opponents of 'gift-giving'. We will not take position in the discussion whether 'gift-giving' is appropriate or not. This paper focuses on the position the (Belgian) legislator, following a European Directive of 1992, takes in this controversy. For the answer to that question the following documents are of crucial importance: the Belgian Law on Medicinal Products of 25 March 1964, the European Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use and the Belgian Crown Order of 7 April 1995 on the advertising of medicinal products for human use. To round up, we will examine how the principles laid down in these documents are being interpreted in the Belgian case-law.

  8. Medico-legal aspect of amphetamine-related deaths

    Directory of Open Access Journals (Sweden)

    Karol Kula

    2014-12-01

    Full Text Available The subject of the work included 41 cases of death in which amphetamine was involved as the direct or indirect cause. Identification and determination of xenobiotics in blood samples collected from post-mortem cases were performed by high-performance liquid chromatography coupled with tandem mass spectrometry with electrospray ionisation (HPLC-ESI-MS-MS. Only for two cases was the cause of death amphetamine poisoning. In most of the investigated cases the death was caused by poisoning due to complex amphetamine and other psychoactive substances (e.g. opiates, benzodiazepines, cocaine. In other cases, multi-organ damage (fall from a height, traffic accident, a puncture wound and wound incised, drowning, or asphyxiation by hanging were reported. It can be explained as risky, murderous, or suicidal actions of people who were under the influence of amphetamines. The presented paper focuses on the interpretation of amphetamine concentration in blood samples from the perspective of direct or indirect cause of death.

  9. M Swanepoel LEGAL ASPECTS WITH REGARD TO MENTALLY ILL ...

    African Journals Online (AJOL)

    user

    Mental illness is a disorder (or a disease) of the mind that is judged by experts to interfere .... disorder. Often associated with the anti-psychiatry movement, he himself rejected the ... psychiatric treatments are ultimately far more damaging than helpful to patients. ... markedly incoherent speech, disorientation and confusion.

  10. Plant varieties protection in the European Union: legal aspects

    Directory of Open Access Journals (Sweden)

    Н. Б. Якубенко

    2015-06-01

    Full Text Available Purpose. Reviewing the EU legislation on plant varie­ties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the re­levant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.

  11. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent p

  12. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent p

  13. Legal and institutional aspects of regulating intermedia pollution

    Energy Technology Data Exchange (ETDEWEB)

    Entman, R.M.

    1980-05-01

    Intermedia pollution is defined here as the creation of new environmental impacts by controlling existing ones. DOE asked four questions: (1) do the major environmental laws address intermedia pollution; (2) does the Environmental Protection Agency (EPA) have rules, regulations, and procedures through which it considers intermedia questions; (3) do the legislative histories of the laws indicate whether Congress intended for the EPA to consider intermedia issues; and (4) in what ways do the existing laws and regulatory procedures exacerbate intermedia pollution. The answer to the first three questions is yes; much of this report is devoted to amplifying and qualifying that response, the rest to answering the fourth question. The report frames these issues by asking how we can control the adverse environmental i.e., intermedia, impacts of EPA itself. A case study of the intermedia implications of recently issued air-pollution standards for coal-fired power plants illustrates the themes concretely. An analysis of policy alternatives for improving intermedia pollution control concludes the study. The major problems impending good intermedia policy decisions are: conflicts among and failures fully to implement environmental laws; political pressures; tendencies of EPA to minimize the adverse environmental consequences of its own actions; uncertainties caused by the rudimentary scientific understanding of intermedia pollution; and limitations on EPA's organizational ability to handle whatever complex intermedia information it does obtain. The final chapter assesses three policy responses to these problems: do nothing new; issue an incremental prod; and a new law and EPA suffice. Evaluation of these alternatives depends on how deficient current practices are thought to be.

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

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...... to introduce a platform which is in compliance with the provisions imposed by EU law with regard to personal data protection....

  15. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  16. Legal aspects of motor traffic trauma in Sri Lanka

    OpenAIRE

    Clifford Perera

    2016-01-01

    Motor traffic trauma has become a significant denominator of morbidity and mortality statistics in modern Sri Lanka. In 2010, 26,847 were seriously injured, and 2721 people died as a result of road traffic trauma. In 2014, nearly 38,500 road traffic accidents were reported of which 36% were categorized as “critical” with nearly 7% fatalities. Road traffic crashes have increased by 249% between 1977 and 2004. On average, road traffic trauma kills one person in Sri Lanka every 4.5 h. In the 30 ...

  17. Legal aspects of open access to publicly funded research

    NARCIS (Netherlands)

    Guibault, L.; Margoni, T.

    2015-01-01

    Internet growth, content digitisation, and expanding "big data" and data analytics capabilities have affected the ways in which publicly funded research results are accessed, disseminated and used. While these technological advances have made sharing and processing information easier, that does not

  18. Recortes da formação docente da educação superior brasileira: aspectos pedagógicos, econômicos e cumprimento de requisitos legais Contribuciones de la formación de profesores en la enseñanza superior brasileña: aspectos pedagógicos, económicos, y el cumplimiento de los requisitos legales Clippings of Brazilian teachers of higher education: pedagogic aspects, economic, and compliance with legal requirements

    Directory of Open Access Journals (Sweden)

    Giovanni Silva Paiva

    2010-03-01

    the intricate relations between them. Reflects also on the effects of the completion of necessary legal aspects related to the titration to higher education and describes public policies for training, qualification and evaluation of teachers of higher education in Brazil. Seeks to not only raise, but emphasized the need for discussion about the teacher training for the exercise of the teaching in higher educaction.

  19. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...

  20. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  1. Retroactive Legal Changes and Revision Theory in Defeasible Logic

    Science.gov (United States)

    Rotolo, Antonino

    In earlier works, we used Defeasible Logic to argue that techniques from belief and base revision encounter a number of difficulties in modelling legal dynamics. In particular, we showed that these techniques are not suitable when legal changes are retroactive. This suggested to adopt a different logical model able to express two main timelines, one internal to a given temporal version of the legal system, and another relative to how the legal system evolves over time. In this paper, we adjust our view and show that, under some restrictions, ideas from base revision, if applied to Defeasible Logic or to similar rule-based systems, can indeed capture some significant aspects of annulments, abrogations, and derogations.

  2. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  3. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  4. Legal implications of managed care arrangements.

    Science.gov (United States)

    Knox, W A; Epstein, D M

    1994-09-01

    Prior to the 1980s, managed care was virtually nonexistent as a force in health care. Presently, 64 percent of employees in America are covered by managed care plans, including health maintenance organizations (20 percent) and preferred provider organizations (44 percent). In contrast, only 29 percent of employees were enrolled in managed care plans in 1988 and only 47 percent in 1991. To date, the primary reason for this incredible growth in managed care has been economic-market pressure to reduce health care costs. For the foreseeable future, political pressures are likely to fuel this growth, as managed care is at the center of President Clinton's national health care plan. Although there are numerous legal issues surrounding managed care, this article focuses primarily on antitrust implications when forming managed care entities. In addition, the corporate practice of medicine doctrine, certain tax issues, and the fraud and abuse laws are discussed.

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

    Science.gov (United States)

    Araszkiewicz, Michał; Łopatkiewicz, Agata; Zienkiewicz, Adam; Zurek, Tomasz

    2015-01-01

    Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS) to support parents in drafting an agreement (the parenting plan) for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains. PMID:26495435

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

    Directory of Open Access Journals (Sweden)

    Michał Araszkiewicz

    2015-01-01

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

  7. 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

  8. Organisational aspects of care.

    Science.gov (United States)

    Bloomfield, Jacqueline; Pegram, Anne

    2015-03-04

    Organisational aspects of care, the second essential skills cluster, identifies the need for registered nurses to systematically assess, plan and provide holistic patient care in accordance with individual needs. Safeguarding, supporting and protecting adults and children in vulnerable situations; leading, co-ordinating and managing care; functioning as an effective and confident member of the multidisciplinary team; and managing risk while maintaining a safe environment for patients and colleagues, are vital aspects of this cluster. This article discusses the roles and responsibilities of the newly registered graduate nurse. Throughout their education, nursing students work towards attaining this knowledge and these skills in preparation for their future roles as nurses.

  9. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we s

  10. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we

  11. The duty to consult and legal obligations

    Energy Technology Data Exchange (ETDEWEB)

    Carpenter, A.W. [Lawson Lundell Lawson and MacIntosh, Calgary, AB (Canada)

    2002-07-01

    Aboriginal law in Canada has been evolving and industry is beginning to engage in the change. This presentation describes the legal aspects regarding Aboriginal rights and the duty to consult First Nations regarding treaty rights. The implications for First Nations and industry are described. Aboriginal peoples of Canada include the Indian, Inuit and Metis populations. Aboriginal titles exist, therefore they are constitutionally protected. The paper describes recent decisions regarding the Mikisew Cree First Nation versus Canada, the Taku River Tlinget versus Ringstad, and the Haida Nation versus British Columbia and Weyerhaeuser.

  12. Formal aspects of resilience

    Directory of Open Access Journals (Sweden)

    Diana-Maria Drigă

    2015-12-01

    Full Text Available The concept of resilience has represented during the recent years a leading concern both in Romania, within the European Union and worldwide. Specialists in economics, management, finance, legal sciences, political sciences, sociology, psychology, grant a particular interest to this concept. Multidisciplinary research of resilience has materialized throughout the time in multiple conceptualizations and theorizing, but without being a consensus between specialists in terms of content, specificity and scope. Through this paper it is intended to clarify the concept of resilience, achieving an exploration of the evolution of this concept in ecological, social and economic environment. At the same time, the paper presents aspects of feedback mechanisms and proposes a formalization of resilience using the logic and mathematical analysis.

  13. 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 dif

  14. [Medical attitude and legal concepts about some patient rights].

    Science.gov (United States)

    López de la Peña, X A

    1995-01-01

    To explore medical attitudes toward some patient rights and some legal aspects involving medical practice in Mexico. Prospective, transversal and nonrandomized study using a multiple choice survey of 12 questions. An urban general hospital in the city of Aguascalientes, Mexico. Seventy five physicians at the beginning of a specialty medical residency. They covered four areas: the patient's right to decide, the medical attitude of benefit to the patient above all considerations, the patient's capacity to make decisions, and some legal aspects of medical practice. 34% of the physicians gave the patient the right to decide, 34% were opposed, and 32% referred it to a third person; 26% showed a benevolent attitude to the patient, 69% did not and 5% referred it; 73% recognized the patient's capacity of decision and 27% did not; only 40% knew about legal aspects of medical practice. This study suggests an important lack of knowledge of the Mexican physicians in regard to patient rights and to legal aspects in medical practice.

  15. 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

  16. Medical safety in boxing: administrative, ethical, legislative, and legal considerations.

    Science.gov (United States)

    Schwartz, Michael B

    2009-10-01

    The roles and responsibilities of the ringside physician are complex and have evolved into a unique specialty in sport medicine. In addition to the medical aspects of ringside medicine, the doctor is now responsible for many administrative, ethical, and legal considerations. This article reviews and details the numerous roles the ringside physician plays in the sport of boxing.

  17. A qualitative study: professionals' experiences of advance care planning in dementia and palliative care, 'a good idea in theory but ...'.

    Science.gov (United States)

    Robinson, Louise; Dickinson, Claire; Bamford, Claire; Clark, Alexa; Hughes, Julian; Exley, Catherine

    2013-05-01

    Advance care planning comprises discussions about an individual's wishes for future care while they have capacity. To explore professionals' experiences on the implementation of advance care planning in two areas of clinical care, dementia and palliative care. Qualitative study, focus groups and individual interviews. North East of England. Ninety-five participants from one Primary Care Trust, two acute National Health Service Hospital Trusts, one Ambulance Trust, one Local Authority and voluntary organisations and the legal sector. Fourteen focus groups and 18 interviews were held with 95 participants. While professionals agreed that advance care planning was a good idea in theory, implementation in practice presented them with significant challenges. The majority expressed uncertainty over the general value of advance care planning, whether current service provision could meet patient wishes, their individual roles and responsibilities and which aspects of advance care planning were legally binding; the array of different advance care planning forms and documentation available added to the confusion. In dementia care, the timing of when to initiate advance care planning discussions was an added challenge. This study has identified the professional, organisational and legal factors that influence advance care planning implementation; professional training should target these specific areas. There is an urgent need for standardisation of advance care planning documentation. Greater clarity is also required on the roles and responsibilities of different professional groups. More complex aspects of advance care planning may be better carried out by those with specialist skills and experience than by generalists caring for a wide range of patient groups with different disease trajectories.

  18. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    Science.gov (United States)

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

  19. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  20. Did Legalized Abortion Lower Crime?

    OpenAIRE

    2001-01-01

    This paper examines the relationship between the legalization of abortion and subsequent decreases in crime. In a current study, researchers estimate that the legalization of abortion explains over half of the recent decline in national crime rates. The association is identified by correlating changes in crime with changes in the abortion ratio weighted by the proportion of the criminal population exposed to legalized abortion. In this paper, I use an alternative identification strategy. I an...

  1. 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 of the i......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...

  2. Biopiracy: about its legal meanings

    National Research Council Canada - National Science Library

    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...

  3. Telecommunications, health care, and legal liability

    Science.gov (United States)

    Levy, Chris

    1990-06-01

    Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

  4. Indian legal system and mental health

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances. PMID:23858251

  5. USGS Workshop on Scientific Aspects of a Long-Term Experimental Plan for Glen Canyon Dam, April 10-11, 2007, Flagstaff, Arizona

    Science.gov (United States)

    ,

    2008-01-01

    Executive Summary Glen Canyon Dam is located in the lower reaches of Glen Canyon National Recreation Area on the Colorado River, approximately 15 miles upriver from Grand Canyon National Park (fig. 1). In 1992, Congress passed and the President signed into law the Grand Canyon Protection Act (GCPA; title XVIII, sec. 1801?1809, of Public Law 102-575), which seeks ?to protect, mitigate adverse impacts to, and improve the values for which Grand Canyon National Park and Glen Canyon National Recreation Area were established.? The Glen Canyon Dam Adaptive Management Program (GCDAMP) was implemented as a result of the 1996 Record of Decision on the Operation of Glen Canyon Dam Final Environmental Impact Statement to ensure that the primary mandate of the GCPA is met through advances in information and resources management (U.S. Department of the Interior, 1995). On November 3, 2006, the Bureau of Reclamation (Reclamation) announced it would develop a long-term experimental plan environmental impact statement (LTEP EIS) for operational activities at Glen Canyon Dam and other management actions on the Colorado River. The purpose of the long-term experimental plan is twofold: (1) to increase the scientific understanding of the ecosystem and (2) to improve and protect important downstream resources. The proposed plan would implement a structured, longterm program of experimentation to include dam operations, potential modifications to Glen Canyon Dam intake structures, and other management actions such as removal of nonnative fish species. The development of the long-term experimental plan continues efforts begun by the GCDAMP to protect resources downstream of Glen Canyon Dam, including Grand Canyon, through adaptive management and scientific experimentation. The LTEP EIS will rely on the extensive scientific studies that have been undertaken as part of the adaptive management program by the U.S. Geological Survey?s (USGS) Grand Canyon Monitoring and Research Center (GCMRC

  6. [Planning nursing teaching: educational purposes and clinical competence].

    Science.gov (United States)

    Dell'Acqua, Magda Cristina Queiroz; Miyadahira, Ana Maria Kazue; Ide, Cilene Aparecida Costardi

    2009-06-01

    Thinking about nursing education implies articulating this issue with the expressions of theoretical frameworks, from the perspective of a pedagogical aspect that includes both constructivism and competencies. The objective was to characterize, from a longitudinal view, the construction of care competencies that exist in the teaching plans of nursing undergraduate programs. This exploratory-descriptive study used a qualitative approach. Documentary analysis was performed on the nine teaching plans of undergraduate care subjects. The ethical-legal aspects were guaranteed, so that data was collected only after the study had been approved by the Research Ethics Committee. The data evidenced a curriculum organization centered on subjects, maintaining internal rationales that seem to resist summative organizations. Signs emerge of hardly substantial links between any previous knowledge and the strengthening of critical judgment and clinical reasoning. As proposed, the study contributed with reconsiderations for the teaching-learning process and showed the influence of constructivism on the proposal of clinical competencies.

  7. Practical aspects and uncertainty analysis of biological effective dose (BED) regarding its three-dimensional calculation in multiphase radiotherapy treatment plans

    Energy Technology Data Exchange (ETDEWEB)

    Kauweloa, Kevin I., E-mail: Kauweloa@livemail.uthscsa.edu; Gutierrez, Alonso N.; Bergamo, Angelo; Stathakis, Sotirios; Papanikolaou, Nikos; Mavroidis, Panayiotis [Department of Radiology, University of Texas Health Science Center at San Antonio, San Antonio, Texas 78229 and Cancer Therapy and Research Center, San Antonio, Texas 78229 (United States)

    2014-07-15

    Purpose: There is a growing interest in the radiation oncology community to use the biological effective dose (BED) rather than the physical dose (PD) in treatment plan evaluation and optimization due to its stronger correlation with radiobiological effects. Radiotherapy patients may receive treatments involving a single only phase or multiple phases (e.g., primary and boost). Since most treatment planning systems cannot calculate the analytical BED distribution in multiphase treatments, an approximate multiphase BED expression, which is based on the total physical dose distribution, has been used. The purpose of this paper is to reveal the mathematical properties of the approximate BED formulation, relative to the true BED. Methods: The mathematical properties of the approximate multiphase BED equation are analyzed and evaluated. In order to better understand the accuracy of the approximate multiphase BED equation, the true multiphase BED equation was derived and the mathematical differences between the true and approximate multiphase BED equations were determined. The magnitude of its inaccuracies under common clinical circumstances was also studied. All calculations were performed on a voxel-by-voxel basis using the three-dimensional dose matrices. Results: Results showed that the approximate multiphase BED equation is accurate only when the dose-per-fractions (DPFs) in both the first and second phases are equal, which occur when the dose distribution does not significantly change between the phases. In the case of heterogeneous dose distributions, which significantly vary between the phases, there are fewer occurrences of equal DPFs and hence the inaccuracy of the approximate multiphase BED is greater. These characteristics are usually seen in the dose distributions being delivered to organs at risk rather than to targets. Conclusions: The finding of this study indicates that the true multiphase BED equation should be implemented in the treatment planning

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

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-12-01

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

  9. Death and AIDS: A Review of the Medico-Legal Literature.

    Science.gov (United States)

    Huber, Jeffrey T.

    1993-01-01

    Notes that diagnosis of Acquired Immune Deficiency Syndrome (AIDS) continues to denote death sentence. Contends that AIDS is unique terminal illness in that no other single disease in history of American legal system has generated more litigation than AIDS. Examines medico-legal issues associated with AIDS-related death: estate planning,…

  10. 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…

  11. 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…

  12. Influence of town-planning on social and economic progress of the subject of the Russian Federation in aspect of regional management

    Directory of Open Access Journals (Sweden)

    Miroshnikova Tatyana

    2017-01-01

    Full Text Available The aim of research is to form a method allowing estimating the influence of town-planning on social and economic development in the region. The article presents the natural - territorial and socio-economic conditions that determine urban development. Authors examine the natural conditions in conjunction with the planning factors as a priority when implementing management actions on the socio-economic situation of the region. Complex evaluation of natural factors allows to take into account their impact on the quality of the created urban environment, and to predict possible scenarios of spatial strategy. The article examines the problems of formation of transport and logistic center of the city district integrated into the Asia-Pacific region. The strategic goal of development of the transport sector is the development of a balanced transport system. In the process of research was used analytical method for the processing of statistical and accounting documentation of the Administration of the city district. The research methodology involves use of information approach which in turn requires the use of such research methods as vertical, horizontal and comparative analysis.

  13. [Medico-legal incidence of instrumental delivery].

    Science.gov (United States)

    Pierre, F; Jousse, M

    2008-12-01

    The aim of this data analysis on medical liability in professional guidelines on instrumental delivery, is to point out the most common difficulties to which obstetricians are exposed, and to discuss some aspects confronted to literature. Firstly, instrumental delivery is replaced in whole labour ward activity by unpublished results of a national enquiry on instrumental delivery concerning 239 337 deliveries during the year 2007. Then, the analysis of 61 data from legal claims in relation with instrumental deliveries between 1995 and 2007, to allow educational lessons. At last, few specific aspects of judicial expert opinion are confronted to literature and discussed: the effects of debriefing after operative childbirth; discussion on decision making and decision-to-delivery intervals. This chapter is concluded by different points on risk management in labour ward, mainly with potential interest of auditable standards and training with computer assisted simulation.

  14. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    Plain language changes in the municipality of Stevns In 2014 the municipality of Stevns in Denmark carried out a pilot project to initiate a plain language initiative covering the entire municipality. The pilot project involved a small section of Social Services and dealt with the reformulation...... of a series of letters. The group consisted of the project leader, the section’s head, and five staff members. The staff members went through the letters that they send out to citizens in order to edit them to plain language principles. I followed the process from beginning to end by observing meetings...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  15. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters...

  16. Medicolegal aspects of medical radiation exposure

    Energy Technology Data Exchange (ETDEWEB)

    Ross, W.M.

    1990-04-01

    This short note, based on an invited paper presented in Radiology '89 at Eastbourne, May 1989, outlines the medico-legal discussion under the following aspects: psychological effects, scarring, stochastic effects giving rise to cancer or fetal abnormalities, and the steps necessary to pursue a medicolegal action. (UK).

  17. 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...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  18. 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...

  19. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  20. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  1. 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, legislator

  2. Legal Regime of Shale Gas Extraction

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2013-12-01

    Full Text Available Some countries with large reserves intend to promote shale gas production, in order to reduce their dependency on imported gas. Shale gas will be an important new aspect in the world energy scene, with many effects.European Union wants secure and affordable sources of energy. Natural gas is the cleanest fossil fuel and a vital component of European Union's energy strategy. One of the most important aspects is that gas produces significantly cleaner energy than other fossil fuels.From a legal point of view, extraction of oil and natural gas is one of the most highly-regulated activities.In European Union, the regulation of shale gas activities is different if we compare with United States. United States has a complete framework of federal and state regulation of shale gas extraction. More than that, these regulations have evolved in order to respond to the United States shale gas boom.Legal regime of shale gas extraction in every member state of European Union must put together national and European Union regulations in this field of activity.

  3. [Psychological aspects of induced abortion].

    Science.gov (United States)

    Sz Makó, Hajnalka; Veszprémi, Béla

    2011-01-01

    The present paper, based on the results of international studies, is focused on the reconsideration of the psychological aspects of induced abortion. By presenting a narrow cross-section of the Hungarian demographic data, we would like to emphasise the necessity and the significance of a deeper understanding of the subject. Factors behind the decision-making, short- and long term outcomes of the intervention influencing primarily the mental health of women and partner-relationship aspects are discussed in details. While acknowledging the complexity of the subject deriving from the legal, ethical, moral, religious, medical, social and sociological concerns, our aim is to call attention to the psychological aspects of induced abortion and the importance of psychological care of women undergoing surgical operation.

  4. Legal protection of pet animals in domestic legislation

    Directory of Open Access Journals (Sweden)

    Vidić-Trninić Jelena

    2012-01-01

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

  5. Integrating ecological knowledge with legal instruments for nature conservation in river management

    NARCIS (Netherlands)

    Nooij, Reinier Jacobus Willem de

    2006-01-01

    Legal instruments for nature conservation make knowledge on actual and potential presence of protected and endangered species in river floodplain ecosystems an important issue in river management. Within river management, many physical reconstruction and management plans are currently being carried

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2009-08-15

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

  7. Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators

    Directory of Open Access Journals (Sweden)

    Muntaha A. Abdulwahid

    2017-01-01

    Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.

  8. Safeguard Measures for Implementation of New Round of Land Consolidation Planning

    Institute of Scientific and Technical Information of China (English)

    LI Chen; LIU Xin-feng; PENG Zhe; SI Tao

    2012-01-01

    We conduct a comprehensive analysis of the current situation of security system for implementation of China’s land consolidation planning. The prominent problems in the process of implementing safeguard measures for planning are summarized as follows: the guiding ideology for planning formulation is imperfect; the legal basis is weak, and administrative means are not sound; the economic security mechanism is not brought into full play, and the social security measures still need to be further deepened; the technical safeguard measures are short. From laws and regulations, administrative management, economic security, social supervision, technology management and other aspects, we establish the scientific security system for implementation of land consolidation planning; put forth the recommendations for guaranteeing the implementation of planning in China.

  9. EEMA: focus on technical and legal issues of e-business in the European Union

    Directory of Open Access Journals (Sweden)

    Edwin JACOBS

    2005-01-01

    Full Text Available EEMA is Europe's leading independent association for e-Business and promotes collaboration concerning all technical (ICT , legal and business aspects of e-business. EEMA puts the emphasis on today's practical issues. In this respect, EEMA's Legal Intrest Group, headed by Prof. Jos Dumortier, focuses on all legal aspects of e-business, i.a. electronic signature, e-invoice, identity management, security legislation (e.g. Sarbanes Oxley in the EU, privacy, etc. On November 22nd and 23 rd this year EEMA will organise a two day seminar about electronic invoicing and electronic archiving in Brussels.

  10. [Draft] Effects of alternatives of the Bison and Elk Management Planning Document/EIS on the ability of the U.S. Fish and Wildlife Service to fulfill legal directives

    Data.gov (United States)

    US Fish and Wildlife Service, Department of the Interior — This technical report in support of the Bison and Elk Management Planning Document/EIS for the National Elk Refuge and Grand Teton National Park. This draft report...

  11. Tax Planning for Enterprises

    Institute of Scientific and Technical Information of China (English)

    Fan Weiqing

    2011-01-01

    @@ Tax planning is legal planning activities for tax savings, meaning tax payers make operation plans within the national policy framework and choose operation programs favorable to tax savings.Along with a maturing socialist market economy system in China, tax planning is becoming an integral part of enterprise management and operation.For a better tax planning, enterprises have to fully understand the meaning, get proficient at relevant strategies, and apply these methods to save taxes and realize the maximization of enterprise value while considering the actual situation.

  12. 法学话语中的法律解释规则%The Legal Interpretation Rules in Legal Discourse

    Institute of Scientific and Technical Information of China (English)

    陈金钊

    2014-01-01

    法律解释方法的核心是法律解释规则,即各种理解、解释和运用法律的规则。几乎所有关于法律解释方法的理论,其目标都是探寻法律解释规则的构建与运用。为了证成这一判断,梳理与不同意识形态相匹配的具体法律方法很有必要。这种概括不是对法律方法纯粹历史的考察,重心在于说明法律解释规则的实践意义。我国的法律方法论研究即将进入第二个发展阶段,即在关注一般理论研究的基础上,开始法律解释规则及其运用研究。这是展现法学理论和法律方法论实用品格的开始。对法律解释规则的认识可以从多个角度展开,重点从法治意识形态、法律方法的进化以及与相近概念的比较三个方面进行诠释。%The core of legal interpretation methods lies in legal interpretation rules , which are used to un-derstand , interpret and apply the law .Nearly all theories on legal interpretation methods set targets on how to construct and use legal interpretation rules .With the purpose of justifying this proposition , it’ s necessary to comb specific legal methods matching with ruling of law in different ideologies and historic periods .The sum-marization is rather focusing on illuminating practical significance of legal interpretation rules than pure historic review.The study on legal methodology in our country has evolved into the second development stage , starting to study on legal interpretation rules and the their application based on researches of general theories , which stands for the emergence of practical feature of jurisprudence and legal methodology .Different perspectives can be used to understand legal interpretation rules , among which three aspects are analyzed in this paper such as , the legal ideology , the evolution of legal methods and the comparison with similar concepts .

  13. [Legal position of non-medical personnel in hospitals].

    Science.gov (United States)

    Kirschner, M H; Nebendahl, M; Russo, S G; Tecklenburg, A; Bauer, M

    2013-05-01

    There are currently many assistant professions in the German healthcare system which have either a more nursing or a more medical character. All these assistant professions have in common that as yet they do not require uniform training criteria but members of these professions undertake some aspects of medical activities. At the center lies the difficulty of more political than legal discussion on whether members of these assistant professions and also nursing personnel are allowed to or should undertake medical activities. This article illuminates the legal status quo.

  14. LEGAL STATUS OF FIRMS – MAIN CONTRIBUTORS TO ROMANIAN PUBLIC BUDGET

    Directory of Open Access Journals (Sweden)

    Mihaela TOFAN

    2014-12-01

    Full Text Available Public expenditure and collection of public resources generate interactions among different subjects of law, natural and legal persons, subjects of public law and private law. These interactions are the main object of the financial regulation, both at domestic and EU level. The legal relations are part of social relations and the companies legally formed are subject to the execution of the financial and fiscal liabilities, which is ensured by the state authority. Financial legal relations are distinguished from other legal relationships by the specific connection that occurs between the contributors and the state authority representative. The subjects involved and the position they have towards each other is subject to regulatory act and, if needed, court of law determination and control. In legal theory, the time of crises determine deep mutation in the legislation in force and the papers shows some of these changes and conclude on some aspects to be improved.

  15. Diachronic aspects of land planning of the Alberche river basin; Aspectos diacrnicos de la ordenacion del territorio de la cuenca del rio Alberche

    Energy Technology Data Exchange (ETDEWEB)

    Sotelo Perez, M.

    2012-07-01

    The planning scope of this study is a section of the edge of the metropolitan area southwest of Madrid, comprising the townships of Alamo, Navalcarnero, Villamanta and Sevilla la Nueva, which falls in the region of the Rio Alberche. The characteristics of the natural environment, the peculiar morphology of population settlements, together with the unique organization and economic dynamics, increased immigration in recent times and the seasonal residence, has resulted in a pattern of relationships and flows that interrelate to municipalities each other and manifested in population movements daily for work and labor, and important phenomena of outsourcing, which gives the most singular and main feature, along with the role of backbone of the region of Alberche river basin. Through the case study, questioning the methodology, we approach the study and research issues related to municipalities that are enrolled in spaces within the forms of protection (Regional Park of the middle river Guadarrama) and others not. All in all, after the previous analysis, we analyze the problem. (Author)

  16. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  17. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  18. Participation in ICZM initiatives: critical aspects and lessons learnt from the Mediterranean and Black Sea experiences.

    Science.gov (United States)

    Soriani, Stefano; Buono, Fabrizia; Tonino, Marco; Camuffo, Monica

    2015-03-15

    Public participation is recognized as a necessary tool to ensure a successful implementation of Integrated Coastal Zone Management (ICZM) strategies and plans. This paper, based on the experiences carried out in the Mediterranean and in the Black Sea within the EU FP7 project PEGASO, presents some critical aspects and lessons learnt regarding participation in ICZM projects. The research shows that data availability, the complexity of data interpretation, an inadequate legal and cultural framework and the difficulties in promoting integration of all the components of coastal management within short term projects are all elements that if not properly considered since the beginning of the participatory process may hinder public participation effectiveness. Moreover the definition of the spatial scale of coastal phenomenon as well as the discrepancy between the local scale of coastal governance and the complex multi-scale nature of coastal systems remain highly critical aspects to be addressed.

  19. Site Development Planning Handbook

    Energy Technology Data Exchange (ETDEWEB)

    None

    1981-01-01

    The Handbook provides facility managers and site planners at DOE organizations responsible for planning site developments and facilities utilization a step-by-step planning checklist to ensure that planners at each site are focusing on Department-wide goals and objectives. It begins with a brief discussion of a site development-by-objectives program design to promote, recognize, and implement opportunities for improvements in site utilization through planning. Additional information is included on: assembling existing data, plans, programs, and procedures; establishing realistic objectives; identifying site problems, opportunities; and development needs; determining priorities among development needs; developing short and long-range plans; choosing the right development solutions and meeting minimum legal site restrictions; presenting the plan; implementing elements of the plan; monitoring and reporting plan status; and modifying development program plans. (MCW)

  20. How International is the European Legal Order?

    OpenAIRE

    Besson, Samantha

    2012-01-01

    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and...