The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1986-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

Realising social justice in public health law.

Science.gov (United States)

Fox, Marie; Thomson, Michael

2013-03-01

Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1988-01-01

Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

The Public Schools Contracts Law. Focus on School Law Series.

Science.gov (United States)

Dabreu, O. Lisa

New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1984-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Globalization of public health law and ethics.

Science.gov (United States)

Sohn, Myongsei

2012-09-01

The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

Mapping the scope and opportunities for public health law in liberal democracies.

Science.gov (United States)

Magnusson, Roger S

2007-01-01

The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1982-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-10-28

... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser... potential future work related to cross-border insolvency issues under consideration in the United Nations... has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL...

Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

Science.gov (United States)

Ulrich, Michael R

2016-05-01

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

Public Consultation toward Ethiopia's Family Law Reform ...

African Journals Online (AJOL)

Mandefrot Belay

A comprehensive and open public consultation was conducted during the revision ... in Ethiopia which are expected to guide any legal reform process so that the ... law, the way in which public consultation forums were organized, and the ...

Cayley number and conservation laws for elementary particles

International Nuclear Information System (INIS)

Vollendorf, F.

1975-01-01

It is shown that the five conservation laws of charge, hyper-charge, barion number and the two lepton numbers lead to the construction of a commutative non-associative 24 dimensional linear algebra. Each element of the algebra is an ordered set of three Cayley numbers. (orig.) [de

Informal administrative acts in public economic law

International Nuclear Information System (INIS)

Bauer, H.

1987-01-01

The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

Public Policy Exceptions in European Private Law : A New Research Project

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2014-01-01

Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

Exponential and power laws in public procurement markets

Czech Academy of Sciences Publication Activity Database

Krištoufek, Ladislav; Skuhrovec, J.

2012-01-01

Roč. 99, č. 2 (2012), 28005-1-28005-6 ISSN 0295-5075 R&D Projects: GA ČR GA402/09/0965 Grant - others:GA UK(CZ) 118310; SVV(CZ) 265 504; GA TA ČR(CZ) TD010133 Institutional support: RVO:67985556 Keywords : Public procurement * Scaling * Power law Subject RIV: AH - Economics Impact factor: 2.260, year: 2012 http://library.utia.cas.cz/separaty/2012/E/kristoufek-exponential and power laws in public procurement markets.pdf

Public opinion about laws to prohibit weight discrimination in the United States.

Science.gov (United States)

Puhl, Rebecca M; Heuer, Chelsea A

2011-01-01

Weight discrimination is pervasive in American society and impairs quality of life for obese persons. With approximately two-thirds of Americans now overweight or obese, vast numbers of people are vulnerable to weight prejudice and its consequences. Currently, no laws exist to prohibit weight discrimination. This study conducted an online survey with a national sample of 1,001 adults (representing demographics of the United States) to examine public support for six potential legislative measures to prohibit weight discrimination in the United States. Results indicated substantial support (65% of men, 81% of women) for laws to prohibit weight discrimination in the workplace, especially for legal measures that would prohibit employers from refusing to hire, terminate, or deny promotion based on a person's body weight. Laws that proposed extending the same protections to obese persons as people with physical disabilities received the least support, suggesting that Americans may not be in favor of considering obesity as a disability. Findings also highlight specific predictors of support (related to sex, age, education, income, body weight, and political ideology). These findings can be used to inform policy makers in efforts to develop antidiscrimination laws. Such measures will rectify health disparities for overweight Americans and facilitate public health efforts to address obesity.

The Notice on the Notion of State Aid and Public Procurement Law

DEFF Research Database (Denmark)

Ølykke, Grith Skovgaard

2016-01-01

uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

Public and Private School Principals' Knowledge of Special Education Law

Science.gov (United States)

Boyd, Marie Nicole

2018-01-01

The purpose of this study is to examine the knowledge of special education law held by public and private school principals as the law pertains to providing the appropriate services to students with disabilities. Numerous studies have investigated public school principals' level of preparation, training, and role within in special education law.…

Coded Statutory Data Sets for Evaluation of Public Health Law

Science.gov (United States)

Costich, Julia Field

2012-01-01

Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…

Using the laws and the regularities of public administration in the state strategic planning

Directory of Open Access Journals (Sweden)

O. L. Yevmieshkina

2016-03-01

Full Text Available The article researches the use of laws of public administration in the state strategic planning; defined a methodological basis of state strategic planning. State strategic planning as a function of public administration exists in accordance with its laws and regularities. Author established the use of public administration laws as: unity socio-economic system, required diversity, system integrity, unity techniques and basic functions of social management at all levels of public administration: central, sectorial, regional. At the public administration level this laws as a rule us in working and realization of state strategy, state, region and sectorial program, which directed to improve of political, economic and social process. State strategic planning as a function of public administration exists in accordance with its laws. The law in our research is considered as objective, substantive, necessary, sustainable relationship between events. The most essential feature of law is reflecting the objective state of affairs, objective relations between things, items and phenomenon’s. The other difficult sign of law is necessity as relation, which inevitably revealed in the development process of different things. Law category with regularity category is relation. Regularity is wider category then the law. The state strategic planning is an integrated, systematic process due to the action and use laws and regularities of public administration. That improves the efficiency of public administration.

PUBLIC PROCUREMENT IN GHANA: THE IMPLEMENTATION CHALLENGES TO THE PUBLIC PROCUREMENT LAW 2003 (ACT 663

Directory of Open Access Journals (Sweden)

Ameyaw, Collins

2012-08-01

Full Text Available The purpose of this study was to identify various implementation bottlenecks to the Ghana Public Procurement Law 2003 (Act 663. The study adopted multiple research approaches, including; review of relevant literature, interviews and questionnaire survey of 49 District Assemblies and Metropolitan and Municipal Assemblies in the Ashanti and Brong Ahafo Regions of Ghana. The study identified low capacity of procurement professionals, low interaction between procurement entities and Public Procurement Authority (PPA, deliberate controlling of competition, non-compliance with provisions of the law, splitting of contracts into smaller lots, lack of funds and non-cooperativeness of suppliers, as the major challenges militating against the implementation of the Public Procurement Law.

On a strong law of large numbers for monotone measures

Czech Academy of Sciences Publication Activity Database

Agahi, H.; Mohammadpour, A.; Mesiar, Radko; Ouyang, Y.

2013-01-01

Roč. 83, č. 4 (2013), s. 1213-1218 ISSN 0167-7152 R&D Projects: GA ČR GAP402/11/0378 Institutional support: RVO:67985556 Keywords : capacity * Choquet integral * strong law of large numbers Subject RIV: BA - General Mathematics Impact factor: 0.531, year: 2013 http://library.utia.cas.cz/separaty/2013/E/mesiar-on a strong law of large numbers for monotone measures.pdf

75 FR 27855 - Certifications Pursuant to Section 609 of Public Law 101-162

Science.gov (United States)

2010-05-18

... DEPARTMENT OF STATE [Public Notice 7013] Certifications Pursuant to Section 609 of Public Law 101... Law 101-162 (``Section 609''), that 13 nations have adopted programs to reduce the incidental capture... 609 of Public Law 101-162 prohibits imports of certain categories of shrimp unless the President...

Nuclear law and public acceptance

International Nuclear Information System (INIS)

Muguet, Tania Mara F.

2009-01-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Nuclear law and public acceptance

Energy Technology Data Exchange (ETDEWEB)

Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

2009-07-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

Public Supervision over Private Relationships : Towards European Supervision Private Law?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

Some disjointed observations on federal public-land and resources law

Energy Technology Data Exchange (ETDEWEB)

Coggins, G.C.

A review of the evolution of public-land law and policies concludes that: (1) Public-land and resources law cannot be divorced from history; in spite of recent developments, one cannot understand present problems without understanding their historical derivation. (2) Public-land management will always be as controversial as it is interesting because the perfect balance of resource uses in unattainable. (3) Multiple-use, sustained-yield management has failed; instead, like Christianity, it has never really been tried. (4) From the ecological maxim that everything is connected to everything else comes the notion that the isolation of public-land and resources law as a field of study is inherently artificial. Developments off federal lands that seem unrelated to them will heavily influence public-land policy: recreation pressures could decline in rough inverse proportion to gasoline prices; horizonal divestiture of oil companies would change the whole coal picture; mandatory recycling could lower demand for all virgin resources; and so on. Some notion of conservation is almost certainly going to be among the Nation's highest priorities in the next several decades.

Living apart together: the relationship between public and private international law

NARCIS (Netherlands)

de Boer, T.M.

2010-01-01

There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

Public Support for Weight-Related Antidiscrimination Laws and Policies.

Science.gov (United States)

Hilbert, Anja; Hübner, Claudia; Schmutzer, Gabriele; Danielsdottir, Sigrun; Brähler, Elmar; Puhl, Rebecca

2017-01-01

Weight-related discrimination is prevalent and associated with health impairments for those who are targeted, which underscores the need of antidiscrimination legislation. This study is the first to examine public support of weight-related antidiscrimination laws or policies in Germany, compared to the US and Iceland. In a representative German population sample (N = 2,513), public support for general and employment-specific weight-related antidiscrimination policies, weight-based victimization, and weight bias internalization were measured through established self-report questionnaires. Half of the German population sample agreed with antidiscrimination policies. General antidiscrimination laws received lower support than employment-specific laws. Support for policies considering obesity a physical disability was greatest in Germany, whereas support for employment-specific antidiscrimination laws was lower in Germany than in the US and Iceland. Total support for weight-related antidiscrimination policies was significantly predicted by lower age, female gender, obese weight status, residence in West Germany, church membership, and readiness to vote in elections. German support for weight-related antidiscrimination policies is moderate. Increasing awareness about weight-related discrimination and laws prohibiting this behavior may help to promote policy acceptance. © 2017 The Author(s) Published by S. Karger GmbH, Freiburg.

Community energy systems and the law of public utilities

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nebraska governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitiled ''Community Energy Systems and the Law of Public Utilities--Volume One: An Overview.'' This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Population risk and subjective public law in atomic energy law

International Nuclear Information System (INIS)

Winter, G.

1979-01-01

On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de

Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

Development of Systematic Knowledge Management for Public Health: A Public Health Law Ontology

Science.gov (United States)

Keeling, Jonathan

2012-01-01

The Institute of Medicine has stated that legal structures and the authority vested in health agencies and other partners within the public health system are essential to improving the public's health. Variation between the laws of different jurisdictions within the United States allows for natural experimentation and research into their…

Discrimination in Public Employment: The Evolving Law.

Science.gov (United States)

McCarthy, Martha M.

This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

The Whys and Hows of Certification. Public Librarian Certification Law.

Science.gov (United States)

Wisconsin State Dept. of Public Instruction, Madison. Div. of Library Services.

Under Wisconsin state law (Administrative Code P1-6.03) any librarian employed in a public library system or any municipal public library, except in a city of the first class, supported in whole or in part by public funds, must hold state certification. Qualifications are delineated for three grades of certification: grade 1, for public libraries…

Need-Based Educational Aid Act of 2015 (Public Law 114-44)

Science.gov (United States)

US Congress, 2015

2015-01-01

The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

The Committed Changes Within Public Procurement Law in Turkey (2003-2014)

OpenAIRE

Mehmet Nar

2015-01-01

It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our ...

The Committed Changes Within Public Procurement Law in Turkey (2003-2014

Directory of Open Access Journals (Sweden)

Mehmet Nar

2015-02-01

Full Text Available It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA to be rearranged for the purposes of interest groups when necessary. So, our study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.

Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

Public Values in Water Law: A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Public Values in Water Law : A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

78 FR 22761 - Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

Science.gov (United States)

2013-04-16

...--Delegation of Functions Under Sections 404 and 406 of Public Law 112-208 Presidential Determination No. 2013... and 406 of Public Law 112-208 Memorandum for the Secretary of State [and] the Secretary of the... conferred upon the President by sections 404 and 406 of Public Law 112-208 as follows: I hereby delegate to...

The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

Science.gov (United States)

Freeman, Naomi J.

2012-01-01

Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

Public-law contracts as the basis for the creation, modification and termination of legal relationships, taking account of tax law

Directory of Open Access Journals (Sweden)

Jörg Pudelka

2017-12-01

Full Text Available According to German legislation, which complies with the legislation of a large number of European and post-Soviet countries, the administrative procedure can be concluded with two different results. In most of cases, administrative actions will be aimed at adopting an administrative act. This is a centralized form of public administration, with which direct rights are justified, modified or discontinued. So, for example, the abstract right to a constitutionally protected property guarantees that a person is allowed to build on the territory that belongs to him (so-called "freedom of construction" is made by a way of passing an administrative act, named a building permit. Only this building permit gives concrete right for the construction of a particular building (according to the submitted architectural documents. Thus, the law on construction can be applied only by issuing a building permit, as well as can be canceled by canceling the construction permit or changing its contents. The second form of administration that can be used to conclude an administrative procedure in accordance with Article 9 of the law is a public contract. In practice, this is much less common in comparison with an administrative act and is not indisputable in general as a tool of government action.

Don't Shoot the Messenger: Public Relations for Law Enforcement

Science.gov (United States)

Baxter, David S.

2013-01-01

This communication project provides an overview of public relations as seen through the communication arts. It is specifically focused to give law enforcement officers a general review of the practice of public relations, communication basics, and an understanding of the media. This course also provides the facilitator with multiple tools for…

National public health law: a role for WHO in capacity-building and promoting transparency.

Science.gov (United States)

Marks-Sultan, Géraldine; Tsai, Feng-Jen; Anderson, Evan; Kastler, Florian; Sprumont, Dominique; Burris, Scott

2016-07-01

A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries' legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law - from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance.

National public health law: a role for WHO in capacity-building and promoting transparency

Science.gov (United States)

Tsai, Feng-jen; Anderson, Evan; Kastler, Florian; Sprumont,, Dominique; Burris, Scott

2016-01-01

Abstract A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries’ legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law – from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance. PMID:27429492

Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines

OpenAIRE

Kvasnicka, Michael

2010-01-01

Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...

76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-02-03

... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

Privatising the Public University: The Case of Law

Science.gov (United States)

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration

NARCIS (Netherlands)

X.E. Kramer (Xandra)

2017-01-01

markdownabstractThe position of mandatory law and public policy in arbitration has been extensively discussed for quite a number of years, however, there is little consensus on the role of arbitral tribunal in applying EU overriding mandatory law. At the same time, it is clear that (overriding)

On Independence for Capacities with Law of Large Numbers

OpenAIRE

Huang, Weihuan

2017-01-01

This paper introduces new notions of Fubini independence and Exponential independence of random variables under capacities to fit Ellsberg's model, and finds out the relationships between Fubini independence, Exponential independence, MacCheroni and Marinacci's independence and Peng's independence. As an application, we give a weak law of large numbers for capacities under Exponential independence.

Community Energy Systems and the Law of Public Utilities. Volume Nine. Connecticut

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Connecticut governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twelve. Georgia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Georgia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume 20. Louisiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Louisiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities--Volume One: An overview. This report also contains a summary of a strategy described in Volume One--An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enchance the likelihood of ICES implementation.

Provision of financial services, violation of public law conduct of business rules, and private law norm settinga Dutch, German, and European perspective

NARCIS (Netherlands)

Wallinga, Marnix

2014-01-01

Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to

The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

OpenAIRE

Krey, Volker

2009-01-01

"Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

7 CFR 1901.507 - Certificates of beneficial ownership issued by the FmHA or its successor agency under Public Law...

Science.gov (United States)

2010-01-01

... Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS... Farmers Home Administration or its successor agency under Public Law 103-354. The rate of interest paid on... social security number. (2) The registration of all certificates owned by the same person, organization...

20 CFR 1002.7 - How does USERRA relate to other laws, public and private contracts, and employer practices?

Science.gov (United States)

2010-04-01

... USERRA relate to other laws, public and private contracts, and employer practices? (a) USERRA establishes... law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does USERRA relate to other laws, public...

Legal and public health considerations affecting the success, reach, and impact of menu-labeling laws.

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2008-09-01

Because the rate of consumption of away-from-home meals has increased dramatically, the distinction between requiring nutrition information for packaged but not restaurant products is no longer reasonable. Public health necessitates that nutrition labels must be included with restaurant menus as a strategy to educate consumers and address the escalation of obesity. Menu-labeling laws are being considered at the local, state, and federal levels, but the restaurant industry opposes such action. We discuss the public health rationale and set forth the government's legal authority for the enactment of menu-labeling laws. We further aim to educate the public health community of the potential legal challenges to such laws, and we set forth methods for governments to survive these challenges by drafting laws according to current legal standards.

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Community Energy Systems and the Law of Public Utilities. Volume Eighteen. Kansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eleven. Florida

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Florida governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eight. Colorado

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Colorado governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seventeen. Iowa

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Iowa governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Nineteen. Kentucky

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kentucky governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Six. Arkansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arkansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Five. Arizona

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arizona governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Three. Alabama

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Alabama governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Sixteen. Indiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Indiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty. Nevada

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nevada governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirteen. Hawaii

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Hawaii governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seven. California

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of California governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Ten. Delaware

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Delaware governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifteen. Illinois

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Illinois governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

Directory of Open Access Journals (Sweden)

Martin Vyklický

2015-01-01

Full Text Available This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

The Application Law of Large Numbers That Predicts The Amount of Actual Loss in Insurance of Life

Science.gov (United States)

Tinungki, Georgina Maria

2018-03-01

The law of large numbers is a statistical concept that calculates the average number of events or risks in a sample or population to predict something. The larger the population is calculated, the more accurate predictions. In the field of insurance, the Law of Large Numbers is used to predict the risk of loss or claims of some participants so that the premium can be calculated appropriately. For example there is an average that of every 100 insurance participants, there is one participant who filed an accident claim, then the premium of 100 participants should be able to provide Sum Assured to at least 1 accident claim. The larger the insurance participant is calculated, the more precise the prediction of the calendar and the calculation of the premium. Life insurance, as a tool for risk spread, can only work if a life insurance company is able to bear the same risk in large numbers. Here apply what is called the law of large number. The law of large numbers states that if the amount of exposure to losses increases, then the predicted loss will be closer to the actual loss. The use of the law of large numbers allows the number of losses to be predicted better.

Anonymous birth law saves babies--optimization, sustainability and public awareness.

Science.gov (United States)

Grylli, Chryssa; Brockington, Ian; Fiala, Christian; Huscsava, Mercedes; Waldhoer, Thomas; Klier, Claudia M

2016-04-01

The aims of this study are to assess the impact of Austria's anonymous birth law from the time relevant statistical records are available and to evaluate the use of hatches versus anonymous hospital delivery. This study is a complete census of police-reported neonaticides (1975-2012) as well as anonymous births including baby hatches in Austria during 2002-2012. The time trends of neonaticide rates, anonymous births and baby hatches were analysed by means of Poisson and logistic regression model. Predicted and observed rates were derived and compared using a Bayesian Poisson regression model. Predicted numbers of neonaticides for the period of the active awareness campaign, 2002-2004, were more than three times larger than the observed number (p = 0.0067). Of the 365 women who benefitted from this legislation, only 11.5% chose to put their babies in a baby hatch. Since the law was introduced, a significant decreasing tendency of numbers of anonymous births (p = 047) was observed, while there was significant increase of neonaticide rates (p = 0.0001). The implementation of the anonymous delivery law is associated with a decrease in the number of police-reported neonaticides. The subsequent significantly decreasing numbers of anonymous births with an accompanying increase of neonaticides represents additional evidence for the effectiveness of the measure.

Removal of Public Officers from Office: Law and Justice in a Flux ...

African Journals Online (AJOL)

The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

Directory of Open Access Journals (Sweden)

Aurelian Virgil BĂLUŢĂ

2012-06-01

Full Text Available The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy, the impact the wage regulations has on public economic policies under firm ownership change.

Elements of Pacific public health laws: an analysis of the public health acts of Papua New Guinea, Vanuatu, the Solomon Islands, and Fiji.

Science.gov (United States)

Howse, Genevieve

2012-09-01

Pacific countries are sovereign nations with distinctive histories, ethnicity, customs, primary resources, economies, and health systems. Despite these and other acknowledged differences, similarities exist in many areas such as geography, legal history, and culture. Many share the experience of colonization, with imported British laws and the subsequent experience of independence. Most Pacific countries are also developing countries. This article broadly describes approaches to legislating in public health in Papua New Guinea, Fiji, Vanuatu, and the Solomon Islands and notes common elements in their public health laws, in particular, in relation to administration, allocation of powers and responsibilities, interaction with local government, communicable disease control, and nuisance. The article concludes that many Pacific public health laws could deliver better support for current health policy, more sensitivity to the culture and customs of the region, and better management of public health risk through laws that are better suited to their Pacific environment, easier to understand, more flexible, and more relevant to current health policy.

The Impact of the Law on the Practice of Public Relations Discourse.

Science.gov (United States)

Pohl, Gayle M.

A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

A Critical Review of the Proposed Palestinian Public Debt Law

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

JIHAD

borrow from external or domestic resources to finance the gap between revenues and ... the Bir Zeit University Institute of Law, who evaluated the study. I would ... service its public debt is shaped by the capital market constraints it faces,.

Regulatory Powers in Public Procurement Law of Peruvian Administrative Agencies

Directory of Open Access Journals (Sweden)

Juan Carlos Morón Urbina

2017-12-01

Full Text Available Peruvian law has explicitly recognized regulatory powers to administrative agencies, which allows them to have a preponderant role in the production of rules in public procurement. Although these delegations of legislative authority are positively defined, distortions in the system of legal sources arise when agencies exceed delegated powers or when measures issued by administrative entities are mistaken for regulations. This paper aims to identify regulatory powers of Peruvian administrative agencies, as well as the regulatory measures they issue, and their relation with other sources of law.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

Turbulence, raindrops and the l{sup 1/2} number density law

Energy Technology Data Exchange (ETDEWEB)

Lovejoy, S [Department of Physics, McGill University, 3600 University street, Montreal, Quebec, H3A 2T8 (Canada); Schertzer, D [Universite Paris-Est, ENPC/CEREVE, 77455 Marne-la-Vallee Cedex 2 (France)], E-mail: lovejoy@physics.mcgill.ca

2008-07-15

Using a unique data set of three-dimensional drop positions and masses (the HYDROP experiment), we show that the distribution of liquid water in rain displays a sharp transition between large scales which follow a passive scalar-like Corrsin-Obukhov (k{sup -5/3}) spectrum and a small-scale statistically homogeneous white noise regime. We argue that the transition scale l{sub c} is the critical scale where the mean Stokes number (= drop inertial time/turbulent eddy time) St{sub l} is unity. For five storms, we found l{sub c} in the range 45-75 cm with the corresponding dissipation scale St{sub {eta}} in the range 200-300. Since the mean interdrop distance was significantly smaller ({approx} 10 cm) than l{sub c} we infer that rain consists of 'patches' whose mean liquid water content is determined by turbulence with each patch being statistically homogeneous. For l>l{sub c}, we have St{sub l}<1 and due to the observed statistical homogeneity for lnumber and mass densities (n and {rho}) and their variance fluxes ({psi} and {chi}). By showing that {chi} is dissipated at small scales (with l{sub {rho}}{sub ,diss}{approx}l{sub c}) and {psi} over a wide range, we conclude that {rho} should indeed follow Corrsin-Obukhov k{sup -5/3} spectra but that n should instead follow a k{sup -2} spectrum corresponding to fluctuations scaling as {delta}{rho}{approx}l{sup 1/3} and {delta}n{approx}l{sup 1/2}. While the Corrsin-Obukhov law has never been observed in rain before, its discovery is perhaps not surprising; in contrast the {delta}n{approx}l{sup 1/2} number density law is quite new. The key difference between the {delta}{rho}, {delta}n laws is the fact that the microphysics (coalescence, breakup) conserves drop mass, but not numbers of particles. This implies that the timescale for the transfer of the

Evaluation of poultry processing practices, related public health laws ...

African Journals Online (AJOL)

Evaluation of poultry processing practices, related public health laws and diseases of chickens at slaughter: A pilot study in Kaduna state. ... The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader). If you would like more ...

The modernization of American public law: health care reform and popular constitutionalism.

Science.gov (United States)

Super, David A

2014-04-01

The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

The administrative agreement as a legal form for public services in comparative and roman law

Directory of Open Access Journals (Sweden)

Cristina IONAŞ

2012-01-01

Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

Public interest approach to data protection law: the meaning, value and utility of the public interest for research uses of data

OpenAIRE

Stevens, Leslie Anne

2017-01-01

Due to legal uncertainty surrounding the application of key provisions of European and UK data protection law, the public interest in protecting individuals’ informational privacy is routinely neglected, as are the public interests in certain uses of data. Consent or anonymisation are often treated as the paradigmatic example of compliance with data protection law, even though both are unable to attend to the full range of rights and interests at stake in data processing. Curre...

The Public Opinion participation in the Nuclear Facilities Licensing Regime: A study for The Egyptian Nuclear Law and other countries laws

International Nuclear Information System (INIS)

Ali, A. M.; Abd El-Moniem, A. E.

2012-12-01

This paper deals with the Nuclear Facilities Licensing Regime and the public Opinion participation. It discusses the general conceptual framework such as the importance of public opinion in the licensing process for nuclear facilities. It deals with the transparency principle and the nuclear safety. It also an analysis the Egyptian nuclear law for regulating the nuclear and radiological activities(law No.7) and its provisions that regulate the participation of the public in the licensing process (Article No.12 paragraph No.7 and 16 ) that staled that the regulatory body will set the regulation to involve the public in the licensing and it will also issues publicly a garrulity report about the nuclear safety situation in the state. It also deals with the legal rules for licensing and the participation of public in it many states such as Japan, France and Germany. The paper concluded that the lunch of a nuclear programme should lunch, in parallel, a programme for the public communications because in the absent of such a public programme, the political decisions of nuclear programme might be lose its effectiveness and the programme might be slow dow. (Author)

Community Energy Systems and the Law of Public Utilities. Volume Twenty-one. Maine

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maine governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-eight. Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-three. Massachusetts

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Massachusetts governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty. West Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of West Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-four. Tennessee

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Tennessee governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-seven. Ohio

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Ohio governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-nine. Oregon

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Oregon governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-eight. Montana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Montana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-five. Minnesota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Minnesota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-five. Texas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Texas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-six. Utah

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Utah governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilites, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-two. Wyoming

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wyoming governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-nine. Washington

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Washington governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-one. Wisconsin

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wisconsin governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-two. Maryland

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maryland governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-seven. Missouri

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Missouri governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Workers safety in public psychiatric services: problems, laws and protections.

Science.gov (United States)

Carabellese, F; Urbano, M; Coluccia, A; Gualtieri, G

2017-01-01

The dramatic case of murder of a psychiatrist during her service in her public office (Centro di Salute Mentale of Bari-Libertà) has led the authors to reflect on the safety of workplaces, in detail of public psychiatric services. It is in the light of current legislation, represented by the Legislative Decree of April 9th, 2008 no. 81, which states the implementing rules of Law 123/2007. In particular, the Authors analyzed the criticalities of the application of this Law, with the aim of safeguarding the health and safety of the workers in all psychiatric services (nursing departments, outpatient clinics, community centers, day care centers, etc.). The Authors suggest the need to set up an articulated specific organizational system of risk assessment of psychiatric services, that can prevent and protect the workers from identified risks, and finally to ensure their active participation in prevention and protection activities, in absence of which specific profiles of responsibility would be opened up to the employers.

7 CFR 1901.506 - Book-entry procedure for FmHA or its successor agency under Public Law 103-354 securities...

Science.gov (United States)

2010-01-01

... under Public Law 103-354 securities-issuance and redemption of certificate by Reserve bank. 1901.506... applied to such FmHA or its successor agency under Public Law 103-354 securities, the Reserve bank is... successor agency under Public Law 103-354 securities. (3) A Reserve bank as fiscal agent of the United...

Topical problems of nuclear law viewed internationally

International Nuclear Information System (INIS)

Bischof, W.

1978-01-01

The International Nuclear Law Association, on its 3rd Congress Nuclear Inter Jura from October 2-5, 1977 in Italy, dealt with a number of topical problems of nuclear law, in particular aspects concerning agreements in connection with the construction of nuclear facilities, the influence of nuclear energy on the environment and the public acceptance, third party liability, and nuclear insurance, radiation protection law and international judicial problems. (orig.) [de

Public participation in nuclear licensing procedures from the viewpoint of constitutional law

International Nuclear Information System (INIS)

Mutschler, Ulrich

1981-10-01

This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

Non formal mechanisms for public water allocation and the ineffectiveness of law in arid western Argentina

Directory of Open Access Journals (Sweden)

Liber Martin

2015-04-01

Full Text Available This work analyzed the informal mechanisms of public water allocation and reallocation in western Argentina from a holistic conception of law. The paper refers to informal uses, its logical but ineffective repression and the continuous regularization processes from a non experimental observational method based on the use of qualitative strategies. The research work focused on the operation of water allocation mechanisms and management practices developed in the absence of law and against the law, at both the delivery and regulatory levels. The findings highlight the tensions and contradictions of these mechanisms under the formal legal system, demonstrating the crisis of both effectiveness and legitimacy of the law and the State in managing public waters.

The association of state law to physical education time allocation in US public schools.

Science.gov (United States)

Perna, Frank M; Oh, April; Chriqui, Jamie F; Mâsse, Louise C; Atienza, Audie A; Nebeling, Linda; Agurs-Collins, Tanya; Moser, Richard P; Dodd, Kevin W

2012-08-01

We examined whether public schools in states with specific and stringent physical education (PE) laws, as assessed by the Physical Education-Related State Policy Classification System (PERSPCS), available on the Classification of Laws Associated with School Students (C.L.A.S.S.) Web site, reported more weekly PE time in the most recent School Health Policies and Programs Survey (SHPPS). Schools (n=410) were grouped by their state's PERSPCS time requirement scores (none, nonspecific requirement, or specific requirement). Average weekly school-level PE was calculated using the SHPPS-reported PE minutes. Weighted analyses determined if PE minutes/week differed by PERSPCS group. Schools in states with specific requirement laws averaged over 27 and 60 more PE minutes/week at the elementary and middle school levels, respectively, compared with schools within states with nonspecific laws and over 40 and 60 more PE minutes per week, respectively, compared with elementary and middle schools in states with no laws. High school results were nonsignificant. Public health guidelines recommend at least 60 minutes of daily physical activity for children, and PE may further this goal. Strong codified law with specific time requirements for PE may be an important tool contributing toward adequate PE time and daily physical activity recommendations.

Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

Directory of Open Access Journals (Sweden)

Constanze Semmelmann

2012-06-01

Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

Electronic Signatures in Global and National Commerce Act. Public Law.

Science.gov (United States)

Congress of the U.S., Washington, DC.

This document presents the text of Public Law 106-229, the "Electronic Signatures in Global and National Commerce Act." The act states that, with respect to any transaction in or affecting interstate or foreign commerce: a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or…

The Newcomb-Benford law and nuclear half-lives

International Nuclear Information System (INIS)

Farkas, J.; Gyuerky, Gy.

2010-01-01

Compete text of publication follows. The satisfaction of the Newcomb-Benford law (a.k.a. Benford's first digit law) is a long standing issue in science, and has interesting mathematical and philosophical consequences. It was identified by Newcomb in 1881 and reinvented later by Benford in 1938. The law states that the distribution of the first digit of numbers taken from various sources like magazines, scientific publications, wealth statistics, etc. . . follows the law P d = lg (1 + 1/d) (d = 1, 2, ..., 9), where d is the given digit. It was reported recently that the satisfaction of the law was observed in nuclear decay half-life datasets. Based on this fact, it was implied that the law is helpful as a test for nuclear decay models, as well as it can be used to search for new physical phenomena (like self organized criticality) which can be responsible for the satisfaction of the law. The mathematical conundrum of the Newcomb-Benford law has been solved in 2008 for numbers coming from a data set with a given distribution. The 'Benford compliance theorem' uses the Fourier transform of the probability distribution function of the numbers to identify the characteristics of the distribution responsible for the satisfaction of the law. In our work we confirmed that the halflives of radioactive nuclei satisfy the law by using two standard techniques: direct plotting and the 'ones scaling test' method. We also showed that the distribution of the half-life values closely resembles a log-normal distribution stretching through about 54 orders of magnitude. By using the Fourier transform of the distribution function we showed that the numbers with such a distribution automatically satisfy the Newcomb-Benford law, due to the compliance theorem. Thus we concluded that the satisfaction of the law provides no additional clue on whether a nuclear model is valid or not, given it produces a similar distribution of halflives as observed.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-two. New Jersey

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Jersey governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-two. South Carolina

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of South Carolina governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-three. South Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of South Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-one. Rhode Island

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Rhode Island governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-one. New Hampshire

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Hampshire governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One. An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-six. North Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of North Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume thirty-four. New York

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New York governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

7 CFR 1901.505 - Certificates of beneficial ownership in FmHA or its successor agency under Public Law 103-354 loans.

Science.gov (United States)

2010-01-01

... ownership in FmHA or its successor agency under Public Law 103-354 loans. (a) Special trust of loans—(1) Establishment of special trusts. From time to time FmHA or its successor agency under Public Law 103-354 will... successor agency under Public Law 103-354 will own an interest in special trusts equal to the amount by...

Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition

Science.gov (United States)

Ziebarth, Todd; Palmer, Louann Bierlein

2018-01-01

This ninth edition of "Measuring up to the Model: A Ranking of State Charter School Laws" presents the latest activity in charter public school legislation across the country. For the second year in a row, the 2018 rankings measure each state's charter school law against the National Alliance's updated model charter school law, "New…

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

OpenAIRE

Aurelian Virgil BĂLUŢĂ

2012-01-01

The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy...

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

NARCIS (Netherlands)

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

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

Frequency modulation at a moving material interface and a conservation law for wave number. [acoustic wave reflection and transmission

Science.gov (United States)

Kleinstein, G. G.; Gunzburger, M. D.

1976-01-01

An integral conservation law for wave numbers is considered. In order to test the validity of the proposed conservation law, a complete solution for the reflection and transmission of an acoustic wave impinging normally on a material interface moving at a constant speed is derived. The agreement between the frequency condition thus deduced from the dynamic equations of motion and the frequency condition derived from the jump condition associated with the integral equation supports the proposed law as a true conservation law. Additional comparisons such as amplitude discontinuities and Snells' law in a moving media further confirm the stated proposition. Results are stated concerning frequency and wave number relations across a shock front as predicted by the proposed conservation law.

Labor law violations in Japanese public hospitals from March 2002 to March 2011.

Science.gov (United States)

Ehara, Akira

2013-02-01

According to the Japan Pediatric Society, the mean extra work hours of hospital pediatricians in 2010 was approximately 80 h per month, which is the certification criterion for Karoshi (death from overwork), but there is no precise picture of personnel management at hospitals because the labor authorities do not disclose detailed statistics concerning labor law violations to the public. Most local governments have a disclosure system, and the local governments that operate public hospitals were requested to disclose warning documents issued by the labor authorities from March 2002 to March 2011. A total of 208/369 public hospitals (56.4%) with ≥200 beds in Japan were warned of labor law violations. Offenses included exceeding the limit of working hours (177 hospitals) and non-payment of increased wages for night and holiday work (98 hospitals). Many public hospitals in Japan did not always pay workers including physicians for increased workload because they do not regard night and holiday duties as work hours. © 2012 The Author. Pediatrics International © 2012 Japan Pediatric Society.

48 CFR 52.250-1 - Indemnification Under Public Law 85-804.

Science.gov (United States)

2010-10-01

... caused by willful misconduct or lack of good faith on the part of any of the Contractor's principal... Public Law 85-804. 52.250-1 Section 52.250-1 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION (CONTINUED) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and...

Monitoring Manual for Determining Compliance with Public Law 94-142. Revised.

Science.gov (United States)

South Carolina State Dept. of Education, Columbia.

Designed to assist service providers as they strive to provide a full service goal for all handicapped pupils, this manual consists of checklists for monitoring compliance with Public Law 94-142 (Education for All Handicapped Children Act). Checklists of components in general policy areas are: (1) policy requirements (LEAs - Local Educational…

Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

Science.gov (United States)

Henderson, Ana; Fry, Christine R

2011-01-01

Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Effective Enforcement of Consumer Law in Europe: Synchronizing Private, Public, and Collective Mechanisms

NARCIS (Netherlands)

W.H. van Boom (Willem); M.B.M. Loos (Marco)

2008-01-01

textabstractIn this paper, we argue that there is a need for collective enforcement of consumer law in Europe. We evaluate a number of legal instruments that already have been developed to this end in European law and domestic legal systems. Furthermore, we make suggestions for further policy

Materialities of Law: Celebrity Production and the Public Domain

Directory of Open Access Journals (Sweden)

Esther Milne

2009-12-01

Full Text Available Celebrity production and consumption are powerful socio-economic forces. The celebrity functions as a significant economic resource for the commercial sector and plays a fundamental symbolic role within culture by providing a shared ‘vocabulary’ through which to understand contemporary social relations. A pivotal element of this allure is the process by which the celebrity figure is able to forge an intimate link with its audience, often producing public expressions of profound compassion, respect or revulsion. This process, however, is complicated by emerging participatory media forms whose impact is experienced as new conditions of possibility for celebrity production and consumption. As Marshall argues, video mash-ups of celebrity interviews, such as those of Christian Bale or Tom Cruise, are dramatically changing the relation between celebrity and audience (Marshall, 2006: 640. Meanings produced by these audience remixes challenge the extent to which a celebrity might control her image. So is the celebrity personality, therefore, a public or private commodity? Who owns the celebrity image within remix culture? Although the celebrity figure has been thoroughly researched in relation to its patterns of consumption; semiotic power; and industry construction; less attention has been focused on the forms of celebrity governance enabled by legislative and case law settings. How might the law deal with the significant economic and cultural power exercised within celebrity culture?

The Institutionalised and Non-institutionalised Exemptions from EU Public Procurement Law: Towards a more Coherent Approach?

NARCIS (Netherlands)

Janssen, Willem A.|info:eu-repo/dai/nl/374662819

2014-01-01

From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of

International institutional law unity within diversity

CERN Document Server

Schermers, Henry G

2011-01-01

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

Scaling in public transport networks

Directory of Open Access Journals (Sweden)

C. von Ferber

2005-01-01

Full Text Available We analyse the statistical properties of public transport networks. These networks are defined by a set of public transport routes (bus lines and the stations serviced by these. For larger networks these appear to possess a scale-free structure, as it is demonstrated e.g. by the Zipf law distribution of the number of routes servicing a given station or for the distribution of the number of stations which can be visited from a chosen one without changing the means of transport. Moreover, a rather particular feature of the public transport network is that many routes service common subsets of stations. We discuss the possibility of new scaling laws that govern intrinsic properties of such subsets.

Governance in genomics: a conceptual challenge for public health genomics law

Directory of Open Access Journals (Sweden)

Tobias Schulte in den Bäumen

2006-12-01

Full Text Available Increasing levels of genomic knowledge has led to awareness that new governance issues need to be taken into consideration. While some countries have created new statutory laws in the last 10 years, science supports the idea that genomic data should be treated like other medical data. In this article we discuss the three core models of governance in medical law on a conceptual level. The three models, the Medical, Public Health and Fundamental Rights Model stress different values, or in legal terms serve different principles. The Medical Model stands for expert knowledge and the standardisation of quality in healthcare. The Public Health Model fosters a social point of view as it advocates distribution justice in healthcare and an awareness of healthcare as a broader concept. The Fundamental Rights Model focuses on individual rights such as the right to privacy and autonomy. We argue that none of the models can be used in a purist fashion as governance in genomics should enable society and individuals to protect individual rights, to strive for a distribution justice and to ensure the quality of genomic services in one coherent process. Thus, genomic governance in genomics requires procedural law and a set of applicable principles. The principle which underlies all three models is the principle of medical beneficence. Therefore genomic governance should refer to it as a key principle when conflicting rights of individuals or communities need to be balanced.

Law of Large Numbers: the Theory, Applications and Technology-based Education.

Science.gov (United States)

Dinov, Ivo D; Christou, Nicolas; Gould, Robert

2009-03-01

Modern approaches for technology-based blended education utilize a variety of recently developed novel pedagogical, computational and network resources. Such attempts employ technology to deliver integrated, dynamically-linked, interactive-content and heterogeneous learning environments, which may improve student comprehension and information retention. In this paper, we describe one such innovative effort of using technological tools to expose students in probability and statistics courses to the theory, practice and usability of the Law of Large Numbers (LLN). We base our approach on integrating pedagogical instruments with the computational libraries developed by the Statistics Online Computational Resource (www.SOCR.ucla.edu). To achieve this merger we designed a new interactive Java applet and a corresponding demonstration activity that illustrate the concept and the applications of the LLN. The LLN applet and activity have common goals - to provide graphical representation of the LLN principle, build lasting student intuition and present the common misconceptions about the law of large numbers. Both the SOCR LLN applet and activity are freely available online to the community to test, validate and extend (Applet: http://socr.ucla.edu/htmls/exp/Coin_Toss_LLN_Experiment.html, and Activity: http://wiki.stat.ucla.edu/socr/index.php/SOCR_EduMaterials_Activities_LLN).

8 CFR 1245.13 - Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

Science.gov (United States)

2010-01-01

... of Nicaragua and Cuba under Public Law 105-100. 1245.13 Section 1245.13 Aliens and Nationality... nationals of Nicaragua and Cuba under Public Law 105-100. (a) Aliens eligible to apply for adjustment. An... Nicaragua or Cuba; (2) Except as provided in paragraph (o) of this section, has been physically present in...

Significant differences between the Nordic laws on public access to documents

DEFF Research Database (Denmark)

Jørgensen, Oluf

2017-01-01

Transparency and public access to information work as a check on the exercise of power and the existence of corruption. In Sweden the constitutional right of access to documents is justified precisely by its contribution to democracy, the rule of law and efficiency in the public administration....... The wide access to information in today’s world also makes possible the publication of personal information about individuals’ private life in an unprecedented way. Does this mean that the relative importance of the protection of privacy has to be strengthened at the cost of access to information? What...... will be the impact of the developing information and communication technology on access to information? The right of access to documents has traditionally been discussed on the level of domestic administration but when public administration is internationalised the issue of access to documents makes itself felt also...

Perceptions and attitudes with regard to public international law: empirical evidence from law students in the city of São Paulo

Directory of Open Access Journals (Sweden)

Marcel Kamiyama

2017-11-01

Full Text Available This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1 what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc. and (2 what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all. The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 

12 CFR 609.910 - Compliance with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229...

Science.gov (United States)

2010-01-01

... Global and National Commerce Act (Public Law 106-229) (E-SIGN). 609.910 Section 609.910 Banks and Banking... with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229) (E-SIGN). (a) General. E-SIGN makes it easier to conduct E-commerce. With some exceptions, E-SIGN permits the use and...

The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

Energy Technology Data Exchange (ETDEWEB)

Schwanenfluegel, M von

1991-01-15

The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

8 CFR 1245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 1245.9 Section 1245.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS ADJUSTMENT... nationals of the People's Republic of China under Public Law 102-404. (a) Principal applicant status. All...

Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

Directory of Open Access Journals (Sweden)

Cícero Júnior Siqueira dos Santos

2016-04-01

Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA Law and Sustainable Development

Directory of Open Access Journals (Sweden)

T Murombo

2008-10-01

Full Text Available One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

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

Directory of Open Access Journals (Sweden)

Mariya Riekkinen

2016-01-01

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

8 CFR 245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 245.9 Section 245.9 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS ADJUSTMENT OF STATUS TO THAT OF PERSON... of China under Public Law 102-404. (a) Principal applicant status. All nationals of the People's...

The specificity and scope of European Union finance law

Directory of Open Access Journals (Sweden)

Marcin Tyniewicki

2015-06-01

Full Text Available Basically, Polish science of financial law quite broadly takes the problems concerning public finance of the European Union (EU. However, it should be noticed that the considerations largely refer to the detailed issues within the confines of individual branches of EU financial law, eg. in areas of tax harmonization or single financial market. At the same time there is an insufficiency or even minuteness publications with doctrinal and theoretical nature referring to the general and fundamental issues of financial law of the EU. There may be numbered such issues among others as definitions, scope and internal structure of this law, its legal sources etc. Generally two areas should be object of the basic scientific researches in reference to the issues mentioned above. First one is financial law of the EU and the second one – its influence and effect of this influence on Polish financial law. In this article there will be undertaken considerations referring to the first area aimed at defining the specifity and scope of EU financial law.

Legal rights during pandemics: federalism, rights and public health laws--a view from Australia.

Science.gov (United States)

Bennett, B

2009-03-01

Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

The Institutionalised and Non-Institutionalised Exemptions from EU Public Procurement Law: Towards a More Coherent Approach?

Directory of Open Access Journals (Sweden)

Willem A. Janssen

2014-12-01

Full Text Available From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of the EU has allowed these authorities to rely on the institutionalised and non-institutionalised exemptions, which exempt a possible duty to contract out a public contract. The first part of this contribution discusses the recent codification of these exemptions in Article 12 Directive 2014/24/EU on public procurement. It concludes that this codification creates some legal certainty, but it mostly expands the scope of these exemptions from public procurement law. The second part of this contribution proposes a more coherent approach for these exemptions by discussing the challenges of regulating and enforcing the pre-procurement phase (the make-or-buy decision in which a public authority decides to favour the internal or external performance of a service. It concludes by providing legal perspectives to regulate and enforce this decision-making phase.

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

77 FR 64493 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2012-10-22

... DEPARTMENT OF DEFENSE Department of the Air Force Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202 and Department of Defense Directive (DODD) 1000.20..., Public Law 95-202 and DoD Directive 1000.20, the Department of Defense Civilian/Military Service Review...

THE MAN CATEGORY IN PUBLIC POLICIES AND BRAZILIAN LAWS

Directory of Open Access Journals (Sweden)

Samantha Alflen Banin

2016-11-01

Full Text Available This article discusses the view of man as a gender category in public policies and national laws, especially those focused on violence against women. With this objective, it contextualizes the studies of feminisms and masculinities as theories and epistemology that guide the analysis of 17 official Brazilian documents selected for this study. This analysis seeks to clarify how the gendered man has been understood in various documents over the years. It discusses how the formulation of laws can provide a new accountability approach beyond the punishment of these men. It also investigates the regulation of some of the existing groups of men who have used violence against women in the country. It finalizes claiming the importance of these reflections for the debate on gender and masculinities in pursuit of a more effective system of prevention and eradication of violence against women. It discusses and argues in favor of both changing the way this category is addressed in official documents, and formalizing spaces for reflection for men who have used violence against women.

[Compliance with antismoking laws in official institutions].

Science.gov (United States)

Cordovilla, R; Barrueco, M; González Ruiz, J M; Hernández, M A; de Castro, J; Gómez, F

1997-01-01

The prevention of nicotine addiction involves a wide range of measures, including writing laws to preserve public health by protecting nonsmokers from smoke and discouraging smokers from consumption. Also important are campaigns to educate both parties (smokers and nonsmokers) about the negative effects of tobacco. The main antismoking law in Spain is the Health and Consumer Ministry's Royal Decree 192/1988 limiting the sale and use of tobacco with the aim of protecting public health. Other regulations have since been enacted by public administrations to complement that law. Research finding published in recent years have been the basis for major legal changes leading in two directions; toward standardizing laws existing in different countries and toward increasing restrictions on the advertising and sale of tobacco. Various scientific and social groups have demanded that current laws be made stricter. Little has been done, however, to assess the degree of vigilance and compliance, and consequently the efficacy, of current legislation. The aim of this study was to determine the level of compliance with the law in governmental institutions in Salamanca. We visited 30 centers and saw that while notices prohibiting smoking were visible in 80%, the number of smokers was high: 43% among workers (none of whom was in educational or medical centers) and 37% among the public. No posters warning of the dangers of tobacco were seen in any of the centers visited. It appears necessary to further restrict the sale and use of tobacco in public places, to enforce compliance with existing regulations and to increase the amount of information on the toxic effects of tobacco in order to gain the cooperation of both smokers and nonsmokers toward achieving smoke-free environments.

Elementary theory of numbers

CERN Document Server

Sierpinski, Waclaw

1988-01-01

Since the publication of the first edition of this work, considerable progress has been made in many of the questions examined. This edition has been updated and enlarged, and the bibliography has been revised.The variety of topics covered here includes divisibility, diophantine equations, prime numbers (especially Mersenne and Fermat primes), the basic arithmetic functions, congruences, the quadratic reciprocity law, expansion of real numbers into decimal fractions, decomposition of integers into sums of powers, some other problems of the additive theory of numbers and the theory of Gaussian

78 FR 9038 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2013-02-07

... DEPARTMENT OF DEFENSE Department of the Air Force Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202 and Department of Defense Directive (DODD) 1000.20: U.S. and Foreign Employees of Air America, Inc. Under the provisions of Section 401, Public Law 95-202...

STRENGTHENING THE SUSTAINABILITY OF PUBLIC FINANCES BY MEANS OF FINANCIAL LAW FOCUSED ON THE CONTROL AND AUDIT EXERCISE

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Ionel BOSTAN

2016-02-01

Full Text Available The activity to prevent embrittlement sustainability of public finances should manifest itself permanently, regardless of economic circumstances - national or European. This, more so as it was set by the Stability and Growth Pact (SGP, which introduces new rules on fiscal policy. Regulations and exercise adequate of financial control and public audit are intended to give certain guarantees on landing approach this topic (most on enhancing sustainability of public finances. Therefore, our approach aims to reveal some aspects of fiscal consolidation by means of financial law focused on exercise fiscal control and public audit. Our references aim the current regulatory of this important organization and functioning rule of law activities and results reported.

Predicting Social Security numbers from public data

OpenAIRE

Acquisti, Alessandro; Gross, Ralph

2009-01-01

Information about an individual's place and date of birth can be exploited to predict his or her Social Security number (SSN). Using only publicly available information, we observed a correlation between individuals' SSNs and their birth data and found that for younger cohorts the correlation allows statistical inference of private SSNs. The inferences are made possible by the public availability of the Social Security Administration's Death Master File and the widespread accessibility of per...

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

[Surveillance in Spain 3 years since the enactment of the Public Health Law].

Science.gov (United States)

Pousa, Anxela; Godoy, Pere; Aragonés, Nuria; Cano, Rosa; Sierra, María José; González, Francisco; Mayoral, José María

2016-01-01

In 2014, the Epidemiological Surveillance Working Group of the Sociedad Española de Epidemiología (Spanish Society of Epidemiology), carried out a descriptive study in order to evaluate the level of development of the Spanish Public Health Law since its enactment in 2011. A survey collecting data on the existence of information systems and other aspects pertaining to each surveillance section included in the law was sent to all 19 autonomous communities and cities. All regional authorities reported the presence of an information system for communicable diseases, and six also reported an information system for social factors. 18 reported that at least one chronic disease was subject to surveillance and 14 confirmed surveillance of some of its determinants. They all systematically analysed the data derived from the communicable diseases. There is room for improvement in Public Health surveillance in Spain, and action should be aimed at the main health problems. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

Do hospital chief executive officers extract rents from Certificate of Need laws?

Science.gov (United States)

Eichmann, Traci L; Santerre, Rexford E

2011-01-01

Prior research suggests that Certificate of Need (CON) laws reduce competition in the hospital services industry. As a result, this study empirically investigates if not-for-profit hospital chief executive officers (CEOs) are able to extract rents from CON laws in the form of higher compensation. A sample of 256 not-for-profit hospital CEOs in states with and without CON laws and data for 2007 are used in the empirical analysis. The study considers the endogenous nature of a CON law and allows such a law to indirectly affect CEO compensation through its impact on the number of hospitals and beds. The multiple regression results indicate that special and public interests both motivate the decision of a state to maintain a CON law. CON laws are shown to reduce the number of beds at the typical hospital by 12 percent, on average, and the number of hospitals per 100,000 persons by 48 percent. These reductions ultimately lead urban hospital CEOs in states with CON laws to extract economic rents of $91,000 annually.

State environmental law and carbon emissions: Do public utility commissions use environmental statutes to fight global warming?

Energy Technology Data Exchange (ETDEWEB)

Sautter, John A.

2010-10-15

In many states environmental statutes provide the authority for public utility commissioners to make decisions to reduce greenhouse gases from electricity generation. This article looks at six such laws and how the presence of these laws affected CO{sub 2} emissions during a nine-year period from 1997 to 2005. (author)

Naval Law Review, Number 55, 2008

Science.gov (United States)

2008-01-01

Law, 66 Tex. L. Rev. 785 (1988); see also Gary J. Bass, The Adolf Eichmann Case: Universal and National Jurisdiction, in UNIVERSAL JURISDICTION...supra note 181, at 77 (discussing Israel’s “responsible exercise of universal jurisdiction” to try Adolf Eichmann for his role in the extermination of

Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice

Directory of Open Access Journals (Sweden)

Ansori Ansori

2014-01-01

Full Text Available The future of the children will determine the future of the nation. The increasing problem of juvenile delinquency in this globalization and information technology era, requires the state to give more attention to the child's future. Application of the criminal justice system for children in Indonesia is as stipulated in Law Number 3 of 1997 potentially detrimental to the child's interests. In practice, the judicial system had many problems, among them is a violation of the rights of children, such as: physical and psychological violence, as well as deprivation of the right to education and welfare. It happened because the juvenile justice system is against to national and international regulations on the protection of children’s rights. Besides that, theory of punishment for the juvenile delinquency still refers to the concept of retribution for the crimes. This concept is not very useful for the development of the child, so the concept need to be repaired with the concept of restorative justice. With this concept, the criminal justice system for the juvenile delinquency, leads to the restoration of the state and the settlement pattern, involving the perpetrator, the victim, their families and engage with the community. This is done with consideration for the protection of children against the law. Whereas in line with this spirit of the restorative justice, it gives birth to the Law No. 11 of 2012 on The Criminal Justice System of Children. How To Cite: Ansori, A. (2014. Criminal Justice System of Children in The Law Number 11 of 2012 (Restorative Justice. Rechtsidee, 1(1, 11-26. doi:http://dx.doi.org/10.21070/jihr.v1i1.95

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

OpenAIRE

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

2015-01-01

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

California Library Statistics, 2009: Fiscal Year 2007-2008 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2009-01-01

Each year the State Library sends annual report forms to California's public, academic, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, "California Library Directory." For this fiscal year, 389 libraries of…

California Library Statistics, 2005: Fiscal Year 2003-2004 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2005-01-01

Each year the State Library sends annual report forms to California's academic, public, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, California Library Directory. For this fiscal year four hundred and eight…

[Evidence-based medicine and public health law: statutory health insurance].

Science.gov (United States)

Dreher, Wolfgang

2004-09-01

Beyond all differences in terminology and legal principles between the laws governing private health insurance, the governmental financial support for civil, servants and statutory health insurance the fundamental issues to be solved by the courts in case of litigation are quite similar. But only a part of these refer to the quality of medical services, which is the main concern of Evidence-based Medicine (EbM); EbM, though, is not able to contribute towards answering the equally important question of how to distinguish between "treatment" and "(health-relevant) lifestyle". The respective definitions that have been developed in the particular fields of law are only seemingly divergent from each other and basically unsuitable to aid the physician in his clinical decision-making because the common blanket clauses of public health law are regularly interpreted as rules for the exclusion of certain claims and not as a confirmatory paraphrase of what is clinically necessary. If on the other hand medical quality is what lies at the core of litigation, reference to EbM may become necessary. In fact, it is already common practice in the statutory health insurance system that decision-making processes in the Federal Committee being responsible for quality assurance (Bundesausschuss) are based on EbM principles and that in exceptional cases only the courts have to medically review the Federal Committee's decisions.

ON AN EXPONENTIAL INEQUALITY AND A STRONG LAW OF LARGE NUMBERS FOR MONOTONE MEASURES

Czech Academy of Sciences Publication Activity Database

Agahi, H.; Mesiar, Radko

2014-01-01

Roč. 50, č. 5 (2014), s. 804-813 ISSN 0023-5954 Institutional support: RVO:67985556 Keywords : Choquet expectation * a strong law of large numbers * exponential inequality * monotone probability Subject RIV: BA - General Mathematics Impact factor: 0.541, year: 2014 http://library.utia.cas.cz/separaty/2014/E/mesiar-0438052.pdf

7 CFR Exhibit C to Subpart E of... - FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract

Science.gov (United States)

2010-01-01

... or Its Successor Agency Under Public Law 103-354 Financed Contract To: Area Director, Office of... 7 Agriculture 12 2010-01-01 2010-01-01 false FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract C Exhibit C to Subpart E of Part 1901 Agriculture Regulations of the Department of...

PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

Directory of Open Access Journals (Sweden)

MARIUS ANDREESCU

2011-04-01

Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-03-28

... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions... on electronic transferable records. The public meeting will take place on Tuesday, April 30, 2013...

Pollution Law - Clean Air Act

International Nuclear Information System (INIS)

Schmitt Glaeser, W.; Meins, J.W.

1982-01-01

This volume deals with how the living space air is kept clean by means of the pollution law, focussing on the documentation of central problems of pollution law by means of selected articles and court decisions. The literature and jurisdiction available on this sector of which we can hardly keep track makes such a documentation look useful and necessary. It will make working easier for those who do not have direct access to large libraries. The only intention of the guide for the pollution law which preceeds the documentation is to outline basic problems. It is intended to provide basic information in this complex field of law. At the same time, it also constitutes a 'guide' for the documentation: By naming the documentation number in the margin of the respective passage reference is made to the documented publications which deal with the legal issues considered. Using this guide, the documentation can be easily tapped. (orig.) [de

Strong Law of Large Numbers for Hidden Markov Chains Indexed by an Infinite Tree with Uniformly Bounded Degrees

Directory of Open Access Journals (Sweden)

Huilin Huang

2014-01-01

Full Text Available We study strong limit theorems for hidden Markov chains fields indexed by an infinite tree with uniformly bounded degrees. We mainly establish the strong law of large numbers for hidden Markov chains fields indexed by an infinite tree with uniformly bounded degrees and give the strong limit law of the conditional sample entropy rate.

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

Preventing Maladministration in Indonesian Public Procurement : A Good Public Procurement Law Approach and Comparison with the Netherlands and the United Kingdom

NARCIS (Netherlands)

Wibowo, R.A.

2017-01-01

The aim of this book is to make recommendations concerning the improvement of public procurement law in Indonesia. The author identifies five fundamental problems commonly arising in the pre-contractual phase in Indonesia: the procurement document may be prepared in a way that favours certain

Strong Laws of Large Numbers for Arrays of Rowwise NA and LNQD Random Variables

Directory of Open Access Journals (Sweden)

Jiangfeng Wang

2011-01-01

Full Text Available Some strong laws of large numbers and strong convergence properties for arrays of rowwise negatively associated and linearly negative quadrant dependent random variables are obtained. The results obtained not only generalize the result of Hu and Taylor to negatively associated and linearly negative quadrant dependent random variables, but also improve it.

Strength of smoke-free air laws and indoor air quality.

Science.gov (United States)

Lee, Kiyoung; Hahn, Ellen J; Robertson, Heather E; Lee, Seongjik; Vogel, Suzann L; Travers, Mark J

2009-04-01

Smoke-free air laws have been implemented in many Kentucky communities to protect the public from the harmful effects of secondhand smoke exposure. The impact of different strengths of smoke-free air laws on indoor air quality was assessed. Indoor air quality in hospitality venues was assessed in seven communities before and after comprehensive smoke-free air laws and in two communities only after partial smoke-free air laws. One community was measured three times: before any smoke-free air law, after the initial partial law, and after the law was strengthened to cover all workplaces and public places with few exemptions. Real-time measurements of particulate matters with 2.5 mum aerodynamic diameter or smaller (PM(2.5)) were obtained. When comprehensive smoke-free air laws were implemented, indoor PM(2.5) concentrations decreased significantly from 161 to 20 microg/m3. In one community that implemented a comprehensive smoke-free law after initially passing a partial law, indoor PM(2.5) concentrations were 304 microg/m3 before the law, 338 microg/m3 after the partial law, and 9 microg/m3 after the comprehensive law. The study clearly demonstrated that partial smoke-free air laws do not improve indoor air quality. A significant linear trend indicated that PM(2.5) levels in the establishments decreased with fewer numbers of burning cigarettes. Only comprehensive smoke-free air laws are effective in reducing indoor air pollution from secondhand tobacco smoke.

State farm-to-school laws influence the availability of fruits and vegetables in school lunches at US public elementary schools.

Science.gov (United States)

Nicholson, Lisa; Turner, Lindsey; Schneider, Linda; Chriqui, Jamie; Chaloupka, Frank

2014-05-01

State laws and farm-to-school programs (FTSPs) have the potential to increase fruit and vegetable (FV) availability in school meals. This study examined whether FV were more available in public elementary school lunches in states with a law requiring/encouraging FTSPs or with a locally grown-related law, and whether the relationship between state laws and FV availability could be explained by schools opting for FTSPs. A pooled, cross-sectional analysis linked a nationally representative sample of public elementary schools with state laws. A series of multivariate logistic regressions, controlling for school-level demographics were performed according to mediation analysis procedures for dichotomous outcomes. Roughly 50% of schools reported FV availability in school lunches on most days of the week. Schools with the highest FV availability (70.6%) were in states with laws and schools with FTSPs. State laws requiring/encouraging FTSPs were significantly associated with increased FV availability in schools and a significant percentage (13%) of this relationship was mediated by schools having FTSPs. Because state farm-to-school laws are associated with significantly higher FV availability in schools-through FTSPs, as well as independently-enacting more state legislation may facilitate increased FTSP participation by schools and increased FV availability in school meals. © 2014, American School Health Association.

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

Directory of Open Access Journals (Sweden)

Damir Aviani

2008-01-01

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

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Evaluation of Law no. 6306 on Transformation of Areas under Disaster Risk from Perspective of Public Spaces – Gezi Park Case

Directory of Open Access Journals (Sweden)

Sezen Tarakçı

2015-08-01

Full Text Available Throughout history, cities have offered a place for freedom and accommodated differences. Ideological and social developments have taken place in urban spaces where differences, different cultures and ideologies gathered together. Therefore, significant attention should be paid to public-oriented planning and design of urban spaces in the face of social segregation and disintegration experienced in cities. However, cities inTurkeyare mostly transformed under the pressure of international and national capital. The most recent legal instrument governing urban redevelopment, the Law no. 6306 on Transformation of Areas under Disaster Risk contains quite controversial provisions relating to many paradigms. Its uncertainty over public property and public spaces, and the Ministry of Environment and Urban Planning as the sole authority in this field leave all the public spaces at “risk”.GeziPark, a ‘saved’ public space in the backdrop of protests, is still exposed to risks of being stripped off its public nature. This study browses through the literature on public spaces and urban redevelopment, while evaluating the Law no. 6306 on Transformation of Areas under Disaster Risk. It goes on to evaluateGeziParkevents, from the perspective of these experiences and the interviews conducted thereafter. The study concludes how actually the aforementioned Law may itself pose risks for our public spaces.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Terminological and Definitional Problems of Deficit and Debt in the Polish and EU Law of Public Finance

Directory of Open Access Journals (Sweden)

Ewa Lotko

2016-06-01

Full Text Available In the Polish and the EU public finances law there are serious terminological difficulties concerning the deficit and the debt. They arise first from the terminological chaos in this field and second from the parallel application of the EU and the Polish methodology of calculating of deficit and debt. Thus, the paper aims to explain the terminological and definitional problems of deficit and debt in the public finances law using unobtrusive research consisting of the detailed analysis of the Polish and EU legislation. Although there is no doubt that it would be desirable to order the applied terms, in the current legal situation, it would be extremely difficult, as it would require the changes to the Constitution, laws, and modification of translations of UE acts. The solution to the problem, presenting additional advantages, could consist of full transition to the EU methodology by the renouncement from the Polish methodology.

Politics or law: what is more in the approaches of public expert monopoly?

Directory of Open Access Journals (Sweden)

Оксана Михайлівна Калужна

2018-03-01

It is concluded that the model of judicial expert support of legal proceedings in Ukraine, that is established by «judicial reform» (Law No. 2147-VIII in the wording that will come into force on March 18, 2018 is a milestone in its historical development, which certainly should be modified depending on its effectiveness and the demand of the society, public, professional and state institutions. So public forensic expert monopoly is not an ideal model of forensic expert support of justice because of corporate and political interests, corruption component, abuse of forensic experts etc. Therefore, it will undergo a review and transformation.

Deforestation in Decentralised Indonesia: What's Law Got to Do with it?

Directory of Open Access Journals (Sweden)

Luke Lazarus Arnold

2008-09-01

Full Text Available A growing number of studies point to significant changes in the dynamics of deforestation in Indonesia since the introduction of decentralised governance in 2001. This essay argues that law plays an important and underestimated role in facilitating these new dynamics. This role is not limited to mere implementation failures; many of the ways in which Indonesian law makes deforestation possible can be traced back to the content of the laws themselves. In order to demonstrate this point, the essay first examines the context in which Indonesia's forestry and decentralisation laws were formulated and the salient provisions of these laws. This is followed by a discussion of the dynamics of deforestation since decentralisation and an analysis of five key ways in which law is partly responsible for the current situation: a flawed division of authority between the Central Government and the regions'; inconsistent, ambiguous and 'hollow' legislation; legislatively entrenched departmentalism; the marginalisation of forest communities; and a lack of legislative support for public participation, public interest litigation and other processes to promote sustainable forest management.

Law of large numbers and central limit theorem for randomly forced PDE's

CERN Document Server

Shirikyan, A

2004-01-01

We consider a class of dissipative PDE's perturbed by an external random force. Under the condition that the distribution of perturbation is sufficiently non-degenerate, a strong law of large numbers (SLLN) and a central limit theorem (CLT) for solutions are established and the corresponding rates of convergence are estimated. It is also shown that the estimates obtained are close to being optimal. The proofs are based on the property of exponential mixing for the problem in question and some abstract SLLN and CLT for mixing-type Markov processes.

Mizan Law Review: Submissions

African Journals Online (AJOL)

Author Guidelines. SUBMISSION GUIDELINES The following submissions are acceptable for publication upon approval by the Editorial Board. Publication of an ... and development of laws; Comments: Case comments that highlight and analyze issues, laws and their interpretation and application in case decisions or fact ...

In the Public Interest: Law, Government, and Media. Maryland Women's History Resource Packet--1986.

Science.gov (United States)

Maryland State Commission for Women, Baltimore.

Designed to be used for National Women's History Week (March 2-8), this 1986 Maryland women's history resource packet centers around Maryland women who have made significant volunteer and career contributions in the areas of government, law, and the public interest media. The packet begins with suggested student activity lists and activity sheets…

Why atomic energy affects Civil Law

International Nuclear Information System (INIS)

Knieper, R.

1980-01-01

Based on the decision of July 20, 1979 by the Amtsgericht Stuttgart, which dismissed the complaint filed by the Technische Werke der Stadt Stuttgart (public utility) against electricity boycotters as being unfounded for the time being, the author states that a political function is due to Civil Law. The concrete question is whether political considerations have surpassed the limits of laws and interpretations bound by the basic rights. The relationship between a customer depending on power supply and the supply monopolist exceeds contractual relationship by far since it is a social relationship: it is inescapably embraced by the customer's dependence on power supply and by the customer being subject to research work. Atomic energy is being introduced into law of contract by means of dogmatic crutches - breach of additional obligation under a contract. However, in Civil Law, there are a great number of such means enabling solutions to be corrected which seem to be inadequate. (HSCH) [de

Preliminary scaling laws for plasma current, ion kinetic temperature, and plasma number density in the NASA Lewis bumpy torus plasma

Science.gov (United States)

Roth, J. R.

1976-01-01

Parametric variation of independent variables which may affect the characteristics of bumpy torus plasma have identified those which have a significant effect on the plasma current, ion kinetic temperature, and plasma number density, and those which do not. Empirical power law correlations of the plasma current, and the ion kinetic temperature and number density were obtained as functions of potential applied to the midplane electrode rings, the background neutral gas pressure, and the magnetic field strength. Additional parameters studied included the type of gas, the polarity of the midplane electrode rings, the mode of plasma operation, and the method of measuring the plasma number density. No significant departures from the scaling laws appear to occur at the highest ion kinetic temperatures or number densities obtained to date.

The private – public law divide

DEFF Research Database (Denmark)

Gyldenløve Jeppesen-de Boer, Christina; Kronborg, Annette; Svendsen, Idamarie Leth

2013-01-01

. The inconsistencies stemming from it are demonstrated and it is shown how they imply a legal design more preoccupied with traditional divisions of power and positions than with an interest in the reality of the people it is aimed at. In the article it is argued from within the best ingerest principle...... that the historical development neccessitates a re-thinking of the distinction between child welfare law and family law. It shows how the distinction is nationally and institutionally embedded. Further, that the distinction has only been superficially adressed by the CRC Committee....

MEDICINAL CANNABIS LAW REFORM IN AUSTRALIA.

Science.gov (United States)

Freckelton, Ian

2016-03-01

Attempts at medicinal cannabis law reform in Australia are not new. However, in historical perspective 2015 and 2016 will be seen as the time when community debate about legalisation of medicinal cannabis reached a tipping point in a number of Australian jurisdictions and when community impetus for change resulted in major reform initiatives. In order to contextualise the changes, the August 2015 Report of the Victorian Law Reform Commission (VLRC) and then the Access to Medicinal Cannabis Bill 2015 (Vic) introduced in December 2015 into the Victorian Parliament by the Labor Government are scrutinised. In addition, this editorial reviews the next phase of developments in the course of 2015 and 2016, including the Commonwealth Narcotic Drugs Amendment Act 2016 and the Queensland Public Health (Medicinal Canna- bis) Bill 2016. It identifies the principal features of the legislative initiatives against the backdrop of the VLRC proposals. It observes that the principles underlying the Report and the legislative developments in the three Australian jurisdictions are closely aligned and that their public health approach, their combination of evidence-based pragmatism, and their carefully orchestrated checks and balances against abuse and excess constitute a constructive template for medicinal cannabis law reform.

Breakdown of the law of large numbers in Josephson junction series arrays

International Nuclear Information System (INIS)

Dominguez, D.; Cerdeira, H.A.

1994-01-01

We study underdamped Josephson junction series arrays that are globally coupled through a resistive shunting load and driven by an rf bias current. We find that they can be an experimental realization of many phenomena currently studied in globally coupled logistic maps. We find coherent, ordered, partially ordered and turbulent phases in the IV characteristics of the array. The ordered phase corresponds to giant Shapiro steps. In the turbulent phase there is a saturation of the broad band noise for a large number of junctions. This corresponds to a break down of the law of large numbers as seen in the globally coupled maps. Coexisting with this, we find an emergence of novel pseudo-steps in the IV characteristics. This effect can be experimentally distinguished from the Shapiro steps, which do not have broad band noise emission. (author). 21 refs, 5 figs

[Public health, prevention and federalism: insights from the implementation of the federal law on health insurance].

Science.gov (United States)

Rüefli, Christian; Sager, Fritz

2004-01-01

In 1996, the new Swiss law on health care insurance (KVG) introduced the coverage of certain preventive measures. This provided an opportunity to include research-based public health issues in federal health policy. The present article examines the problems with which the realization of those goals in a Federalist health care system with strong cantonal autonomy as it is found in Switzerland was confronted. Comparative qualitative case studies design (vaccination of school age children and screening-mammography). Switzerland's federalist health care system strongly hinders the realisation of the Confederation's public health goals. Prevention falls into the cantons' autonomy and the federal KVG (Krankenversicherungsgesetz; Health insurance law) only regulates the coverage of the services provided, but does not contain any instruments to assure implementation in consistency with the policy goals. Under those circumstances, conflicts of interest between the implementing actors, varying cantonal preferences, and scarce resources block the implementation of public health goals. The results imply stronger leadership of the Confederation in prevention policy and an improved consideration of implementation aspects in approving new measures to obligatory insurance coverage.

43 CFR 422.3 - Reclamation law enforcement policy.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Reclamation law enforcement policy. 422.3 Section 422.3 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS § 422.3 Reclamation law enforcement policy. The law enforcement...

Transitory provisions on public gas distribution in the light of the Marzano law

International Nuclear Information System (INIS)

Vedaschi, Arianna

2005-01-01

The article begins by describing community law on public gas distribution service, then it examines legislative decree 164/2000( also called Letta Decree), which implements directive no. 98/30/CE. This directive reforms the gas sector and in particular it reforms the way gas is distributed. Art. 14 of the Letta Decree states that the distribution of natural gas shall be a public service, contractors shall be selected through a public tender and contracts shall be stipulate for a maximum of 12 years. Thus it is evident that the new model is radically different from the previous one. Before, the service was provided by the local authorities (either directly or through a long-term lease); now the new model aims at liberalizing the market by out sourcing gas distribution. Out sourcing is carried out through a public tender and for short periods of time. In order to allow a gradual transition from the old model to the new one, the Letta Decree provides for a transitory period articulated in various phases. This has the aim of guaranteeing a balance between the interest of local authorities, on one hand and the firms that distributed gas before the reform came into effect, on the other. The first part of the article focuses on interpretative problems that arose after law no. 239/2004 (so called Marzano law) was passed. In the second half it compares the different judicial interpretations concerning: a) duration of the transitory period; b) possibility of increasing duration as provided for by art. 15, par.7 of legislative decree 164/2000; c) efficacy of the abrogation of art. 15, par.8 of legislative decree 164/2000 and finally d) whether advanced redemption of the gas distribution service is still possible. With regards to the transitory period, the article compares judgement no. 111/2005 by the Administrative Tribunal of Lombardia, with judgement no. 6187/2005 delivered by the Sixth Section of the State Council. It then argues that the prohibition of concentration has

The familiar strangeness of ancient names and the Law of the public use of Slovene

Directory of Open Access Journals (Sweden)

Maja Sunčič

2004-12-01

Full Text Available The paper discusses the alien or familiar quality of ancient names in the naming of Slovene enterprises in view of the Law of the Public Use of Slovene (LPUS and a detailed study by Alenka Gložančev. While the law tries to banish all non-Slovene elements from public use with a special focus on the naming of enterprises, it surprisingly overlooks the issue of ancient names in public use, focusing primarily on English ones. Gložančev rightly points out that foreign names represent the key issue for the language-conscious public, whereas other, more important language questions are largely ignored. The LPUS and the study by Gložančev focus on English words and names, which are considered to be highly undesirable despite globalisation and Slovenia's accession to the European Union in May 2004. The use of ancient names, which are by definition foreign, in the naming of enterprises and venues proves to be a much more difficult issue, since ancient names are often dissociated from the context or signify nothing familiar to the consumer. Can it be expected that, in the name of defending the Slovene language and cultural heritage, the restrictions enforced by the LPUS on the use of foreign names will contribute to the disappearance of antiquity from contemporary everyday life?

The Integration of Virtual Public-Private Partnerships into Local Law Enforcement to Achieve Enhanced Intelligence-Led Policing

National Research Council Canada - National Science Library

Simeone, Jr, Matthew J

2007-01-01

.... Virtual public-private partnerships (VP3s) offer local law enforcement agencies an effective and efficient way to leverage a vast and resourceful private sector for the purpose of enhancing ILP...

A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

Science.gov (United States)

Farquharson, Lauren

2017-03-01

Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

78 FR 77200 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public...

Science.gov (United States)

2013-12-20

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0151] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public Comments AGENCY: Maritime... AFFAIR is: Intended Commercial Use of Vessel: ``Charter Fishing (sport) & sightseeing tours.'' Geographic...

Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

International Nuclear Information System (INIS)

Baur, J.F.

1994-01-01

The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

Recomendaciones para una futura Ley de Salud Pública en España Suggestions for the upcoming public health law in Spain

Directory of Open Access Journals (Sweden)

Rosa Urbanos

2010-01-01

Full Text Available La nueva ley estatal de salud pública ha de sustanciar la reforma de la salud pública. El texto legal debería abrir paso a la modernización y a la adaptación de las estructuras de salud pública a las nuevas necesidades. Se precisa un concepto más amplio de salud pública y una redefinición de sus funciones y servicios básicos. La creación de una Agencia Española de Salud Pública y de un Consejo de Salud Pública, la elaboración de una Estrategia Española de Salud Pública y la reforma de la formación de los profesionales, son algunas de las principales recomendaciones para la futura ley.The upcoming public health law must serve as the basis for public health reform. The text of the law should allow public health structures to be modernized and adapted to the country's new needs. A broader concept of public health and a redefinition of its functions and basic services are required. Some of the main suggestions for the upcoming law are the establishment of a Spanish Agency for Public Health and a Public Health Council, the design of a Spanish Strategy of Public Health, and reform of professional training.

Contradictions of labor law during elections

Directory of Open Access Journals (Sweden)

Jorge Márquez

2015-10-01

Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.

41 CFR 102-80.90 - Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire...

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire protection engineering? 102-80.90 Section 102-80.90 Public Contracts and Property Management Federal Property Management Regulations System...

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

Law for Accelerated Network Expansion (NABEG) / Law on the Expansion of Energy Supply Lines (EnLAG) / Energy Economy Law (EnWG). Commentary on laws concerning the construction of energy supply lines.; NABEG/EnLAG/EnWG. Kommentar zum Recht des Energieleitungsbaus

Energy Technology Data Exchange (ETDEWEB)

Steinbach, Armin (ed.) [Bundeswirtschaftsministerium, Berlin (Germany)

2013-09-01

The legislative package which launched the energy turnaround in 2011 has brought with it a fundamental reform of licensing regulations for energy supply lines. The new legal framework brought about by the Law for Accelerated Network Expansion (NABEG) and the amendment to the Energy Economy Law (EnWG) impact on the entire planning and licensing process, starting from demand planning for new supply lines and ending with planning approval for specific supply line projects. The instrument of special federal planning has taken the place of regional impact assessments. Moreover a number of procedural innovations have been introduced, notably in the area of public participation. Beside being charged with regulatory tasks the Federal Network Agency will in future also be the authority responsible for the planning and licensing of the electricity motorways. In short: With this reform the legislature has ventured on untrodden ground both in institutional terms and with respect to substantive law. The new regulations confront all involved - network operators, public authorities, legal consultants and others - with the challenge of applying them in practice. The present book is intended to provide practical orientation in interpreting and applying this new body of regulations.

Expropriation law in France

OpenAIRE

Melot, Romain

2015-01-01

In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.

Nanotechnology in global medicine and human biosecurity: private interests, policy dilemmas, and the calibration of public health law.

Science.gov (United States)

Faunce, Thomas A

2007-01-01

This paper considers how best to approach dilemmas posed to global health and biosecurity policy by increasing advances in practical applications of nanotechnology. The type of nano-technology policy dilemmas discussed include: (1) expenditure of public funds, (2) public-funded research priorities, (3) public confidence in government and science and, finally, (4) public safety. The article examines the value in this context of a legal obligation that the development of relevant public health law be calibrated against less corporate-influenced norms issuing from bioethics and international human rights.

78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2013-02-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2012-04-16

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

lawstat: An R Package for Law, Public Policy and Biostatistics

Directory of Open Access Journals (Sweden)

Wallace Hui

2008-01-01

Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

French law on Muslim veil wearing in public schools

Directory of Open Access Journals (Sweden)

Božić Marko

2012-01-01

Full Text Available Combining normative analysis of a legal text with a study of a wider social and historical context, this paper tries to prove that the French Law of 15th March 2004, which forbids displaying of religious symbols, and most of all, the Muslim veil in public schools, does not represent a continuation, but a break up with a liberal-democratic tradition of protection of religious rights of the Fifth Republic. The aforementioned legislation radically changes the idea of profane, which is, religiously neutral country, as there is a value itself that is being created out of laicité - an instrumental principle of protection of the freedom of religion, whose protection requires a limitation of the religious freedom. In order to understand the motives of the French legislator, it is necessary to accompany the normative analysis of laws with an observation of a wider social context in which the mentioned problem occurs. Therefore, this paper takes into account the need for a multidisciplinary approach, that is, the need to consider both the historical perspective and the social analysis of the context of the legal prohibition. We are of belief that from a methodological aspect this paper represents a contribution to those positions in legal science which insist on the necessity of studying a wider social background of normative solutions as a prerequisite for a successful analysis of a legal text.

Issues Associated with the Conveyance and Transfer of DOE Lands under Public Law 105-119

International Nuclear Information System (INIS)

Ladino, A.G.

1999-01-01

Public Law 105-119 (Law) was enacted in November 1997 as part of the Defense Authorization Act of 1998 (Act). The Law specifically requires the US Department of Energy (DOE) to identify lands that are suitable for conveyance or transfer at Los Alamos National Laboratory (LANL) within 90 days after enactment of the Act. In general, suitable lands include those parcels that are not required to meet the national security missions assigned to DOE at LANL within a ten year period beginning on the date of enactment of the Act. Additional suitability criteria are addressed below and include the need to establish clear title to the land and to restore areas contaminated with hazardous wastes. This proposed change in future land ownership is intended to serve as the final settlement of DOE community assistance obligations with respect to LANL and Los Alamos County and to stimulate economic development

African American and Latino Enrollment Trends among Medicine, Law, Business, and Public Affairs Graduate Programs

Science.gov (United States)

de la Garza, Rodolfo; Moghadam, Sepehr Hejazi

2008-01-01

The purpose of this Tomas Rivera Policy Institute (TRPI) report is twofold: to provide an analysis of the enrollment trends for African American and Latino students among graduate professional programs in the fields of medicine, business, law, and public affairs, and to present other relevant data pertaining to African American and Latino students…

Unjust enrichment in business law

OpenAIRE

Vydrová, Zuzana

2016-01-01

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...

Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration

Directory of Open Access Journals (Sweden)

Mihai Cristian Apostolache

2017-06-01

Full Text Available Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹. These two articles regulate a unique way of establishing the local or county council, namely by reconstituting these autonomous collegial bodies. This article examines the legislative intervention made by GEO no. 41/2015 and highlights the unconstitutionality aspects of this legislative intervention, recommending the legislature to urgently repeal the regulations governing the reconstitution of the local and county councils.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

Private or Public Law Enforcement? The Case of Digital Piracy Policies with Non-monitored Illegal Behaviors

OpenAIRE

Éric Darmon; Thomas Le Texier

2014-01-01

In the case of digital piracy should rights be publicly or privately enforced? The emergence of large-scale anti-piracy laws and the existence of non-monitored illegal channels raise important issues for the design of digital anti-piracy policies. In this paper, we study the impact of these two enforcement settings (public vs. private) in the presence of an illegal non-monitored outside option for users. Taking account of market outcomes, we show that in both cases, the optimal strategies of ...

Law 302.

Science.gov (United States)

Manitoba Dept. of Education, Winnipeg.

This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

SUSTAINABLE CULTURAL DEVELOPMENT: THE FATE OF BALINESE ADAT VILLAGE POSTERIOR THE ENACTMENT OF LAW NUMBER 6 YEAR 2014 CONCERNING VILLAGE

Directory of Open Access Journals (Sweden)

I Nyoman Nurjaya

2015-09-01

Full Text Available The recognition of indigenous peoples existence is very dependent on the will of the Government. The village government as formulated in Act number 6/2014 of the village, as well as Government Regulation number 43/2014 about Implementation of the Act number 6/2014 has naturally become a bureaucratic and legal officials law, that the village is set in the system of local government under the supervision of State law. In the case of Bali and the local Government of Bali, there is legal consequences with the fate and the future existence and life of indigenous village/pakraman village as a social and cultural system of the Hindu society, it is the law on the development basis of the indigenous village/pakraman village will not remain be ”the awig-awig” as Balinese traditional society customary law; philosophy and the essence, function and role of the indigenous village/pakraman village changed physically as well as community life of Balinese people loss; traditional customs and Government system should be changed in accordance with the system of the village Government; on one side the customs affairs village should organize pakraman village administration and bureaucracy under the structure of local governments, and on the other hand the indigenous village is at the same time responsible to organize and responsible about the culture, traditions, customs and ritual as Hindu affairs, village understanding of pakraman village customs and traditions should be completely ignored in Balinese village daily community life.

Break down of the law of large numbers in Josephson junction series arrays

International Nuclear Information System (INIS)

Dominguez, D.; Cerdeira, H.A.

1995-01-01

We study underdamped Josephson junction series arrays that are globally coupled through a resistive shunting load and driven by an rf bias current. We find that they can be an experimental realization of many phenomena currently studied in globally coupled logistic maps. We find coherent, ordered, partially ordered and turbulent phases in the IV characteristics of the array. The ordered phase corresponds to giant Shapiro steps. In the turbulent phase there is a saturation of the broad band noise for a large number of junctions. This corresponds to a break down of the law of large numbers as seen in globally coupled maps. Coexisting with this, we find an emergence of novel pseudo-steps in the IV characteristics. This effect can be experimentally distinguished from the true Shapiro steps, which do not have broad band noise emission. (author). 21 refs, 5 figs

78 FR 70097 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public...

Science.gov (United States)

2013-11-22

... Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public Comments AGENCY: Maritime... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEE...

45 CFR 164.412 - Law enforcement delay.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED... § 164.412 Law enforcement delay. If a law enforcement official states to a covered entity or business...

[Qualitative survey of the law of 5 July 2011 in the field of psychiatry].

Science.gov (United States)

Cambier, Gentiane; Bougerol, Thierry; Micheletti, Pierre

2013-01-01

The law of 5 July 2011 concerning the rights and protection of subjects in psychiatric care and the modalities of their management has been severely criticized and often rejected, both before and following its application in August 2011. This study was designed to describe and compare perceptions of this law by actors in the field, six months after application of the law. This qualitative study based on twenty-four interviewees from Isère and Savoie - including psychiatrists, judges, patients and families - shows that this law is not completely rejected in practice and that it provides a number of advantages: independent view of a judge, an initial observation period, rapid management for isolated patients presenting an immediately life-threatening risk, improvement of mandatory outpatient healthcare. However, the law of 5 July 2011 also raises a number of problems: hospital leave for more than twelve hours was strictly limited by the initial text; complex relationships between justice and psychiatry; insufficient funding; hearings are problematic as they are held early, in public, and sometimes outside of hospitals; excessive number of medical certificates; certain parts of the text are unclear. As is already the case for some of these issues (law of 23 September 2013), these problems should be resolved in order to ensure better law enforcement.

78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-11-18

... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions on electronic...://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.html . This Working Paper...

Re-examining the effect of low and intermediate mode number perturbations on Ignition Metrics Scaling Laws

Science.gov (United States)

Malka, Elad; Shvarts, Dov

2017-10-01

We re-examine the way 2/3D effects on scaling laws for ignition metrics, such as the generalized Lawson Criterion (GLC) and the Ignition Threshold Factor (ITF). These scaling laws were derived for 1D symmetrical case and 2/3D perturbations [Hann et al. PoP 2010; Lindl et al., PoP 2014; Betti et al., PoP 2010]. The main cause for the difference between the 1D and the 2/3D scaling laws in those works, is heat conduction losses from the hot-spot bubbles to the cold shell [Kishony and Shvarts, PoP 2001]. This ``dry out'' of the bubbles is the dominant mechanism for intermediate mode number perturbations (6hot spot. These two effects do not have an effective 1D analogue and therefore needs a more complicated model. A consistent extension of the ignition metrics for l <=6, accounting for both energy loss mechanisms, will be presented and compared with previous models and results. This work was supported by the LLNL under subcontract B614207.

8 CFR 245.13 - Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

Science.gov (United States)

2010-01-01

... of Nicaragua and Cuba under Public Law 105-100. 245.13 Section 245.13 Aliens and Nationality... PERMANENT RESIDENCE § 245.13 Adjustment of status of certain nationals of Nicaragua and Cuba under Public... section 241(a)(5) of the Act, if the alien: (1) Is a national of Nicaragua or Cuba; (2) Except as provided...

Legal financial institutions in the Water Law Act

Directory of Open Access Journals (Sweden)

Andrzej Borodo

2015-12-01

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

76 FR 77584 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-12-13

... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... electronic transferable records. Working Group IV (international electronic commerce) of the United Nations... electronic transferable records. A report from that meeting, once it is published, should be available at...

The Impact of School Accountability Laws on Measures of Trust between Indiana Public School Superintendents and Teacher Union Leaders within the Forum of Mandatory Discussion

Science.gov (United States)

Downs, Philip G.

2012-01-01

This study examines the impact of the school accountability laws "No Child Left Behind" and Indiana's Public Law 221 on Superintendents' perception of their relationship with the Teachers' Union Leader in their mandatory discussion meetings. Both school accountability laws contain provisions for the Indiana's Department of Education to…

EU Labour Law

DEFF Research Database (Denmark)

Nielsen, Ruth

The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

International Nuclear Information System (INIS)

Unterpertinger, L.

2015-01-01

This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-09-14

... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... future work of Working Group IV (international electronic commerce) of the United Nations Commission on... electronic commerce. The report of the Forty-fourth session of UNCITRAL describes the future work of Group IV...

RUSSIAN LAW SUBJECTS

Directory of Open Access Journals (Sweden)

D.N. Bakhrakh

2006-03-01

Full Text Available The question about the subjects of law branches is concerning the number of most important and difficult in law science. Its right decision influences on the subject of law regulation, precise definition of addressees of law norms, the volume of their rights and duties, the limits of action of norms of Main part of the branch, its principles. Scientific investigations, dedicated to law subjects system, promote the development of recommendations for the legislative and law applying activity; they are needed for scientific work organization and student training, for preparing qualified lawyers.

78 FR 44188 - Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment...

Science.gov (United States)

2013-07-23

... TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment Request AGENCY: Tennessee Valley Authority. ACTION: Proposed Collection... preference. The information is used to make comparative appraisals and to assist in selections. The affected...

75 FR 27863 - Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment...

Science.gov (United States)

2010-05-18

... TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment Request AGENCY: Tennessee Valley Authority. ACTION: Proposed collection... preference. The information is used to make comparative appraisals and to assist in selections. The affected...

7 CFR 1901.202 - Nondiscrimination in FmHA or its successor agency under Public Law 103-354 programs.

Science.gov (United States)

2010-01-01

... of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES... its successor agency under Public Law 103-354 employee will, while conducting official business...-354 State and County Offices. (g) Racial and ethnic data. Recipients should maintain, for review by Fm...

Possibilities of sanction of the improper behaviour of a power network operator. Instruments of energy economy act, public order law, and criminal law; Sanktionsmoeglichkeiten bei missbraeuchlichem Verhalten eines Energienetzbetreibers. Energiewirtschaftsrechtliche, ordnungsrechtliche und strafrechtliche Instrumentarien

Energy Technology Data Exchange (ETDEWEB)

Mitto, L.

2007-07-01

The liberalization of the electric power market and gas market has released a comprehensive reorganisation of the energy branch. Under this aspect, the author of the book under consideration reports on power network operators, their improper behaviour as well as the use of the instruments of energy economy act, public order law, and criminal law in order to sanction power network operators.

Health Law 2015: Individuals and Populations.

Science.gov (United States)

Jacobson, Peter D; Dahlen, Rachel

2016-12-01

In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

22 CFR 231.16 - Governing law.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of...

45 CFR 98.3 - Effect on State law.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...

On the Convergence and Law of Large Numbers for the Non-Euclidean Lp -Means

Directory of Open Access Journals (Sweden)

George Livadiotis

2017-05-01

Full Text Available This paper describes and proves two important theorems that compose the Law of Large Numbers for the non-Euclidean L p -means, known to be true for the Euclidean L 2 -means: Let the L p -mean estimator, which constitutes the specific functional that estimates the L p -mean of N independent and identically distributed random variables; then, (i the expectation value of the L p -mean estimator equals the mean of the distributions of the random variables; and (ii the limit N → ∞ of the L p -mean estimator also equals the mean of the distributions.

Zadruga as a basis of certain institutes of public law according to Valtazar Bogišić

Directory of Open Access Journals (Sweden)

Kulauzov Maša

2011-01-01

Full Text Available The rules of customary law concerning the relation between the chieftain and council in so - called zadruga (extended family, common among South Slavs were examined in this paper. In that relation, in Branislav Nedeljković's opinion, Valtazar Bogišić finds similarities with the one between the government and national assembly in parliamentary monarchy. The customary law provisions regarding zadruga's chieftain, his qualities, manner of election and authorities, as well as the rules concerning zadruga's council were presented and critically analised. It is also pointed out how the principles of zadruga's life served Bogišić as a model for introduction of parliamentary regime in Serbia. On the occasion of passing the Constitution of the Principality of Serbia of 1869, Bogišić namely suggested that the State should, to some extent, be organized after the model of zadruga. His idea of application of a private law institute such as zadruga in sphere of public law has its logical explanation. As a follower of the Historic school of law, Bogišić believed that customs are the most direct expression of national spirit without which it is impossible to become truly acquainted with characteristics and particularities of a nation. Therefore, the constitution should mostly represent codification of customary law. Naturally, in course of drafting the constitution, other nations' experiences as well as achievements of contemporary science should be taken into consideration.

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

HSIP Law Enforcement Locations in New Mexico

Data.gov (United States)

Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

41 CFR 109-45.310 - Antitrust laws.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust laws. 109-45.310 Section 109-45.310 Public Contracts and Property Management Federal Property Management... Antitrust laws. DOE offices shall submit to the Deputy Assistant Secretary for Procurement and Assistance...

Support for laws to prohibit weight discrimination in the United States: public attitudes from 2011 to 2013.

Science.gov (United States)

Suh, Young; Puhl, Rebecca; Liu, Sai; Milici, Frances Fleming

2014-08-01

Public attitudes about three proposed laws prohibiting weight discrimination in the US, from 2011 to 2013 were examined. An online survey using a diverse national sample of US adults to assess their level of support for three specific laws against weight discrimination was conducted. Data collection occurred between June and July in 2011 (n = 1,098), 2012 (n = 1,202), and 2013 (n = 1,202). Between 2011 and 2013, support for laws prohibiting weight discrimination remained consistent, and in some cases became increasingly supportive, primarily in 2012-2013. At least 75% of participants consistently favored laws prohibiting weight discrimination in the workplace. Individuals became increasingly supportive of extending disability protections for individuals with obesity (62% in 2011 to 69% in 2013) and adding body weight as a protected class in Civil Rights statutes (70% in 2011 to 76% in 2013). Analyses highlight specific predictors of support (gender, race, education, and political affiliation). There is strong, consistent support for policies prohibiting weight discrimination. These findings have important implications for developing specific antidiscrimination legislation to protect Americans with obesity and improve their quality of life. Copyright © 2014 The Obesity Society.

Archie's law - a reappraisal

Science.gov (United States)

Glover, Paul W. J.

2016-07-01

When scientists apply Archie's first law they often include an extra parameter a, which was introduced about 10 years after the equation's first publication by Winsauer et al. (1952), and which is sometimes called the "tortuosity" or "lithology" parameter. This parameter is not, however, theoretically justified. Paradoxically, the Winsauer et al. (1952) form of Archie's law often performs better than the original, more theoretically correct version. The difference in the cementation exponent calculated from these two forms of Archie's law is important, and can lead to a misestimation of reserves by at least 20 % for typical reservoir parameter values. We have examined the apparent paradox, and conclude that while the theoretical form of the law is correct, the data that we have been analysing with Archie's law have been in error. There are at least three types of systematic error that are present in most measurements: (i) a porosity error, (ii) a pore fluid salinity error, and (iii) a temperature error. Each of these systematic errors is sufficient to ensure that a non-unity value of the parameter a is required in order to fit the electrical data well. Fortunately, the inclusion of this parameter in the fit has compensated for the presence of the systematic errors in the electrical and porosity data, leading to a value of cementation exponent that is correct. The exceptions are those cementation exponents that have been calculated for individual core plugs. We make a number of recommendations for reducing the systematic errors that contribute to the problem and suggest that the value of the parameter a may now be used as an indication of data quality.

The Empty Fortress or the Poverty of Islamic Public Discourse: The Role of Law in Arab State Failure

DEFF Research Database (Denmark)

Afsah, Ebrahim

triad of Qur’an, sunna, and shari’a (read: fiqh). This body of norms is contrasted with the relatively shallow dogmatic effort to systematise public law under the dogmatic headings of ta’zir, siyasa shar’ia and siyar. This presentation argues that whatever the philosophical value of this century...

7 CFR 1980.495 - FmHA or its successor agency under Public Law 103-354 forms and guides.

Science.gov (United States)

2010-01-01

... for Drought and Disaster Relief” and Forms FmHA or its successor agency under Public Law 103-354 1980-68, “Lender's Agreement—Drought and Disaster Guaranteed Loans,” 1980-69, “Loan Note Guarantee—Drought... (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM...

Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts

Directory of Open Access Journals (Sweden)

Esther Engelhard

2014-07-01

Full Text Available This contribution focuses on the égalité principle as the leading ground for liability after lawful acts by the State, local authorities and public authorities. Two Dutch legislative initiatives are dealt with in particular, that seek to codify, improve and expand égalité liability in administrative law, private law and criminal law. This will make the artificial égalité construction used in private law cases no longer necessary and legal reasoning more transparent. Further, the authors claim that Article 4:126 BW may open the possibility for new types of private law claims to be developed under this umbrella. However, their concerns are that the égalité principle is too vague to create the certainty and uniformity that the legislator aspires towards.

Protected Time for Research During Orthopaedic Residency Correlates with an Increased Number of Resident Publications.

Science.gov (United States)

Williams, Benjamin R; Agel, Julie A; Van Heest, Ann E

2017-07-05

The Accreditation Council for Graduate Medical Education (ACGME) requires orthopaedic residency programs to promote scholarship and research, which manifest differently among programs. We assess the impact of protected research time during orthopaedic residency on the number of resident publications. Rotation schedules and resident names were collected from 125 ACGME-accredited U.S. orthopaedic residency programs. Protected research time was classified as 1 of 3 types: (1) block time, (2) longitudinal time, or (3) no dedicated time. In April 2016, we searched residents in postgraduate year (PGY)-3 to PGY-5 on pubmed.gov to generate all orthopaedic publications with a PubMed identifier published during residency. Each publication's 2015 Thomson Reuters Journal Citation Reports 5-Year Journal Impact Factor and resident first authorship were noted. The number of PubMed identifiers for each program was summed and was divided by the number of residents in PGY-3 to PGY-5, giving a mean number of publications per resident. The relationship between output and program research time was compared using t tests and analysis of variance (ANOVA). A total of 1,690 residents were included, with an overall mean number (and standard deviation) of 1.2 ± 2.4 publications per resident. Eighty-seven programs reported block time, 14 programs reported longitudinal time, and 24 programs reported no time. There was a significant difference (p = 0.02) in the mean number of publications per resident when compared between programs with protected time (1.1 ± 1.2 publications) and programs with no protected time (0.6 ± 0.5 publication). One-way ANOVA demonstrated a significant mean difference across the 3 groups (p publications than block time at 1.0 ± 1.0 publication or no time at 0.6 ± 0.5 publication, a difference that persisted when adjusted to include only impact factors of >0 and exclude case reports (p = 0.0015). Both the presence of and the type of dedicated research time correlate

Project of law relative to the electricity and gas public utilities and to the power and gas companies; Projet de loi relatif au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-07-01

This document is the definitive text of this project of law adopted by the French house of commons. The aim of this law is to allow the administrations to avoid to use their eligibility right with the opening of the electricity and gas markets to competition. It changes the juridical status of the two public utilities Electricite de France (EdF) and Gaz de France (GdF) into two anonymous companies and creates two additional companies for the management of the power and gas networks. It ensures also the transposition of the European directives from June 26, 2003 (2003/54/CE and 2003/55/CE). It contains some proper dispositions and modifies various existing French laws, in particular the law no. 46-628 from April 8, 1946 about the electricity and gas nationalization and the law no. 2000-108 from February 10, 2000 relative to the modernization and development of the electric public utility. (J.S.)

Reflections on nuclear law

International Nuclear Information System (INIS)

Carbone, F.

1977-01-01

Despite contradictory public attitudes to nuclear power, this source of energy is bound to be used all over the world because of exhaustible other energy sources and increasing energy needs. The role of nuclear law is analysed in this context. Innovative legislation in this field has kept in step with the constant evolution of nuclear technology and has fixed new criteria of liability, financial coverage and specific standards for users of nuclear power, and set administrative measures to be complied with. It has fixed a barrier of protection mechanisms, i.e. licences, exemptions, controls, to keep an acceptable balance between economic advantages and social needs. In Italy, apart from ratification of international nuclear conventions, an increasing number of laws and decrees are made touching the various aspects of nuclear energy, thus providing a detailed, expanding legal framework for nuclear activities. Finally, existing legislation should be still further refined as regards emergency plans and measures to ensure maximum protection in the event, however remote, of a major nuclear incident. (NEA) [fr

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Regular periodical public disclosure obligations of public companies

Directory of Open Access Journals (Sweden)

Marjanski Vladimir

2011-01-01

Full Text Available Public companies in the capacity of capital market participants have the obligation to inform the public on their legal and financial status, their general business operations, as well as on the issuance of securities and other financial instruments. Such obligations may be divided into two groups: The first group consists of regular periodical public disclosures, such as the publication of financial reports (annual, semi-annual and quarterly, and the management's reports on the public company's business operations. The second group comprises the obligation of occasional (ad hoc public disclosure. The thesis analyses the obligation of public companies to inform the public in course of their regular reporting. The new Capital Market Law based on two EU Directives (the Transparency Directive and the Directive on Public Disclosure of Inside Information and the Definition of Market Manipulation regulates such obligation of public companies in substantially more detail than the prior Law on the Market of Securities and Other Financial Instruments (hereinafter: ZTHV. Due to the above the ZTHV's provisions are compared to the new solutions within the domain of regular periodical disclosure of the Capital Market Law.

Report to Congress on Server and Data Center Energy Efficiency: Public Law 109-431

Energy Technology Data Exchange (ETDEWEB)

Alliance to Save Energy; ICF Incorporated; ERG Incorporated; U.S. Environmental Protection Agency; Brown, Richard E; Brown, Richard; Masanet, Eric; Nordman, Bruce; Tschudi, Bill; Shehabi, Arman; Stanley, John; Koomey, Jonathan; Sartor, Dale; Chan, Peter; Loper, Joe; Capana, Steve; Hedman, Bruce; Duff, Rebecca; Haines, Evan; Sass, Danielle; Fanara, Andrew

2007-08-02

This report was prepared in response to the request from Congress stated in Public Law 109-431 (H.R. 5646),"An Act to Study and Promote the Use of Energy Efficient Computer Servers in the United States." This report assesses current trends in energy use and energy costs of data centers and servers in the U.S. (especially Federal government facilities) and outlines existing and emerging opportunities for improved energy efficiency. It also makes recommendations for pursuing these energy-efficiency opportunities broadly across the country through the use of information and incentive-based programs.

Good Faith in European Contract Law

NARCIS (Netherlands)

Hondius, E.H.

2002-01-01

Reinhard Zimmermann and Simon Whittaker, Good Faith in European Contract Law, pp 720, ISBN 0 521 77190 0, Cambridge University Press, Cambridge 2000. This is the first publication resulting from the Trento Common Core of European Private Law project. It analyses the law relating to good faith in

33 CFR 88.11 - Law enforcement vessels.

Science.gov (United States)

2010-07-01

... NAVIGATION RULES ANNEX V: PILOT RULES § 88.11 Law enforcement vessels. (a) Law enforcement vessels may display a flashing blue light when engaged in direct law enforcement or public safety activities. This... lights. (b) The blue light described in this section may be displayed by law enforcement vessels of the...

Two steps back: Poland's new abortion law.

Science.gov (United States)

Nowicka, W

1993-06-01

After the fall of Communism in Poland, the Catholic church exerted pressure to increase its influence in public life. One way in which this pressure has manifested itself has been in the passing of a restrictive abortion bill which was signed into law on February 15, 1993. Abortion had been legalized in Poland in 1956 and was used as a means of birth control because of a lack of availability and use of contraceptives. The number of abortions performed was variously reported as 60,000 - 300,000/year. In 1990, the Ministry of Health imposed restrictions on abortions at publicly funded hospitals, and 3 deaths were reported from self-induced abortions. In 1 year (1989-90), the number of induced abortions at 1 hospital dropped from 71 to 19, while the number of self-induced abortions increased from 48 to 85. Further restrictions were introduced in May 1992 as part of the "Ethical Code for Physicians," which allows abortions only in cases where the mother's life or health is in danger or in cases or rape. This code brought abortions to a halt at publicly funded hospitals and doubled or even tripled the cost of private abortions. Women have been refused abortions in tragic and life=threatening situations since the code was adopted. When an outright anti family planning bill was drafted in November 1992, the Polish citizenry collected 1,300,000 signatures to force a referendum. The referendum was not held, but the bill was defeated. The amended bill which passed allows abortions in publicly funded hospitals only when the mother's life or health is in danger and in cases of rape, incest, or incurable deformity of the fetus. The implications of this law remain unclear, since its language is strange and vague. The reproductive rights of Polish women face a further threat because the Catholic church is working to limit the availability of contraceptive methods which they deem to be "early abortives." On the other side of the issue, the Federation for Women and Planned

IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR THROUGH WAQF RELATED TO LAW NUMBER 41 YEAR 2004 ON WAQF

Directory of Open Access Journals (Sweden)

Helza Nova Lita

2015-04-01

Full Text Available Objective - Corporate Social Responsibility (CSR is expected to continue to exist as an integral part of the management of a company. The existence of Law No. 41 Year 2004 on Waqf may be an appropriate alternative for the company to develop the concept of CSR through waqf management. Waqf is basically a form of philanthropy that is derived from Islamic law. It has its own characteristics that differentiate from other philanthropies. Characteristics of waqf  can provide a guarantee of legal protection for waqf objects that can be used to develop sustainable good deeds programs, instead of a normal charity program. The research discussess how the implementation of the concept of Corporate Social Responsibility through Waqf based on Law Number. 41 of 2004, and how the legal position of the company in the management of waqf.Methods – Analytical qualitative method on the legal aspect of waqf and theories of Islamic economics.Results - CSR within an Islamic framework includes a series of business activities in its various forms. The forms of CSR activities can be synergized through a planned management pattern, with separate funding sources.  Conclusions – The allocation of CSR through Waqf should be in accordance with the characteristics and conditions of the receiving society. Moreover, the role of  company in CSR management through waqf is either being a Wakif, Nazhir or partner of waqf institutions to improve productivity of waqf assets. Keywords : CSR, Waqf, Law

Special Edition: Limits and Prospects of Criminal Law Reform – Past, Present, Future

Directory of Open Access Journals (Sweden)

Thalia Anthony

2017-08-01

Full Text Available This special issue traces multifaceted readings of criminal law reform in the context of developments in Australia, North America and Europe. It addresses a range of criminal law legislative regimes, frameworks and issues confronting criminal law reform including as they relate to family violence, organisational liability for child sexual abuse, drug-driving and Indigenous under-representation on juries. In doing so, the articles variously assess the impacts of past criminal law reforms, current processes of reform, areas in need of future reform and the limitations of reform. It poses a number of challenges: Who does law reform serve? What principles should guide the work of criminal justice reform? What is the role and responsibility of universities in law reform? Who are the natural allies of academics in agitating for reform? Is reform of criminal law enough for progressive social change? Do public inquiries and law reform assist with progressive change or do they have the potential to undermine the struggle for more humane and equitable social responses?

Too long a road towards the first Slovene law on libraries from 1961

Directory of Open Access Journals (Sweden)

Aleš Gabrič

2000-01-01

Full Text Available Until the first Slovene Law on Libraries was passed, public libraries were, in general, parts of societies or committees of political organisations. These circumstances made it virtually impossible to engender a unified plan for the development of Slovenia's libraries. Although the first draft of a law which would bind the administrative agencies to provide libraries inside their districts with financial support, was drafted already in 1951, the revised law was passed as late as 1961. The adoption of the law was delayed, causing a prolonged crisis in the status and funding of libraries, despite the clearly defined solutions to the problem put forward by the librarians in the draft law. Due to the delays in the legal settlement of a number of open issues, the Society of Librarians of Slovenia used the proposed, modern regulations as guidelines in the de¬velopment of Slovenia's larger libraries, without waiting for the new law to be adopted.

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011)

OpenAIRE

Expósito Vélez, Juan Carlos

2011-01-01

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011) require a deep analysis, because it brings a new perception of old models of the Administrative Colombian Law: nullity, nullity and reestablishment of rights and the controversies relative to public contracts. El Nuevo Código de Procedimiento Administrativo y de lo Contencioso Administrativo (Ley 1.437 de 2.011) requiere de un análisis profundo, debido al nuevo alcance que trae a figuras tradicionales del ...

Competing Transnational Regimes under WTO Law

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Carola Glinski

2014-02-01

Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

Public regulators and CSR

DEFF Research Database (Denmark)

Buhmann, Karin

2016-01-01

of such public regulatory governance, this article explores and explains developments towards a juridification of CSR entailing efforts by public regulators to reach beyond jurisdictional and territorial limitations of conventional public law to address adverse effects of transnational economic activity. Through...... analysis of an expansion of law into the normative framing of what constitutes responsible business conduct, we demonstrate a process of juridification entailing a legal framing of social expectations of companies, a proliferation of law into the field of business ethics, and an increased regulation by law...

[Family and acquaintances of illicit drug users: community perspectives on laws and public policies in Western Rio de Janeiro, Brazil].

Science.gov (United States)

Silva, Jaqueline da; Brands, Bruna; Adlaf, Edward; Giesbrecht, Norman; Simich, Laura; Wright, Maria da Gloria Miotto

2009-01-01

This article is part of the study 'Illicit Drug Use in Seven Latin American Countries and Canada: Critical Perspectives of Family and Familiars' (7LACC), which investigated four domains: protective and risk factors; preventive initiatives; treatment facilities; and laws and policies. The article presents a section of the results based on four items of the laws and policies domain--as perceived by the family and acquaintances of illicit drug users living in the community. Participants were recruited in urban primary health care units located in Western Rio de Janeiro (city), Brazil. This multi-method, cross-temporal study performed interviews with 100 adults (18 years of age or older), all cognitively healthy. Results and key conclusions included non-compliance with the fundamental principles of the Unique Health System Legislation / Law 8.080/90 and the erroneous implementation of laws and public policies on illicit drug.

7 CFR 1980.452 - FmHA or its successor agency under Public Law 103-354 evaluation of application.

Science.gov (United States)

2010-01-01

... examiner's report and if so determine the loan classification. (c) Analyze lender's liability ledger on the... successor agency under Public Law 103-354 1940-3 will not be mailed to the Finance Office. Notice of... to the Finance Office to obligate before the 6-day reservation period and directs the State Director...

Law & psychiatry: Gun laws and mental illness: how sensible are the current restrictions?

Science.gov (United States)

Appelbaum, Paul S; Swanson, Jeffrey W

2010-07-01

This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.

The rule of law

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Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

Outsourcing the law firm library: the UK experience

OpenAIRE

Brown, Fiona

2017-01-01

Since 2009, a number of large and leading UK law firms have outsourced their in-house law library and research service to outsource service providers. Integreon, the leading provider of these services in the UK, commenced operations in Australia in 2011. Since that time, a number of other providers of outsourced law library and legal research services have attracted a number of top-tier Australian law firms as clients. These outsource providers are not currently providing law library and lega...

Religious law versus secular law
The example of the get refusal in Dutch, English and Israeli law

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Matthijs de Blois

2010-06-01

Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

The "first digit law" - A hypothesis on its possible impact on medicine and development aid.

Science.gov (United States)

Pollach, Gregor; Brunkhorst, Frank; Mipando, Mwapatsa; Namboya, Felix; Mndolo, Samson; Luiz, Thomas

2016-12-01

The "first digit law" or "Benford's law" is a mathematical distribution discovered by Simon Newcomb and Frank Benford. It states, that the probability of the leading number d (d∈{1,…,9}) in many natural datasets follows: P (d)=log 10 (d+1)-log 10 (d)=log 10 (1+1/d). It was successfully used through tax authorities and "forensic accounting" in order to detect fraud and other irregularities. Benfords law was almost neglected for its use outside financial accounting. The planning for health care systems in developing countries is extremely dependant on good, valid data. Whether you plan the catchment area for the future district hospitals, the number of health posts, the staff establishment for the central hospital or the drug budget in the Ministry. The "first digit law" can be used in medicine, public health, physiology and development aid to unmask questionable data, to discover unexpected challenges, difficulties in the data collection process, loss through corruption and criminal fraud. Our hypothesis suggests, that the "first digit law" is a cost effective tool, which is easy to use for most people in the medical profession, which does not really needs complicated statistical software and can be used on the spot, even in the resource restricted conditions of developing countries. Several preconditions (like the size of the data set and its reach over more than two dimensions) have to be fulfilled, but then Benfords law can be used by any clinician, physiologist, public health specialist or aid consultant without difficulties and without deeper statistical knowledge in the four steps, we suggest in this article. The consequences will be different depending on the level (local regional, national, continental, international) on which you will use the law. All levels will be enabled to get insight into the validity of the data-challenges for the other levels without the help of trained statisticians or accountants. We believe that the "first digit law" is a

Administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, April 1, 1975. Annual report, Jan--Dec 1974

International Nuclear Information System (INIS)

1974-01-01

The Secretary of Health, Education, and Welfare is required, Subpart 3, Section 2, Part F of Title III of the Public Health Service Act; 42 USC et seq. (Public Law 90-602), to submit an annual report to the President for transmittal to the Congress on or before April 1 on the adminstration of the Radiation Control for Health and Safety Act. The detailed information required to be included in the report is outlined in Section 360D of Public Law 90-602. The Food and Drug Administration, through its Bureau of Radiological Health, has been delegated the authority for the day-to-day administration of the Act. This report covers the detailed operation of the Agency in carrying out that responsibility for calendar year 1974

What would Mary Douglas do? A commentary on Kahan et al., "Cultural cognition and public policy: the case of outpatient commitment laws".

Science.gov (United States)

Swanson, Jeffrey

2010-06-01

Involuntary outpatient commitment is a highly controversial issue in mental health law. Strong supporters of outpatient commitment see it as a form of access to community-based mental health care and a less restrictive alternative to hospitalization for people with severe mental illness; vocal opponents see it as an instrument of social control and an unwarranted deprivation of individual liberty. Kahan and colleagues apply the theory of "cultural cognition" in an empirical study of how cultural worldviews influence support for outpatient commitment laws among the general public and shape perceptions of evidence for these laws' effectiveness. This article critiques Kahan et al. and offers an alternative perspective on the controversy, emphasizing particular social facts underlying stakeholders' positions on outpatient commitment laws.

Bible Study in Public Schools

Science.gov (United States)

Riede, Paul

2012-01-01

A growing number of teachers across the U.S. are comfortable using the Bible as a teaching tool. Public school courses involving study of the Bible have spread to at least 43 states, and at least seven state legislatures have approved laws encouraging some form of Bible study. High schools now offer elective courses on the Bible that adhere to a…

Conflict of interest in public health: should there be a law to prevent it?

Science.gov (United States)

Gupta, Arun; Holla, Radha; Suri, Shoba

2015-01-01

"Conflict of interest", now being commonly cited, is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest. Conflict of interest situations can be institutional or personal, and can stem from financial or other interests including post-employment opportunities or during public -private partnerships. Conflicts of interest in the creation of public policy, especially health or nutrition related policies such as the vaccine policy, tobacco control, and research related to health, can have negative impact on the lives of millions of people. While the UN Convention Against Corruption, to which India is a signatory, identifies conflict of interest as often being a precursor to corruption, there is no serious action being taken in this direction by the Indian government, in spite of the fact there are instances of serious nature coming to light that affect our peoples lives. If conflict of interest situations are allowed to continue especially in health policy it could be detrimental to millions of people; therefore, it would be in public interest that India enacts a law to prevent conflict of interest in the making of public policies, comprehensive enough to include financial and institutional conflicts of interest.

Law in Numbers – The Poiesis of the Crowd

Directory of Open Access Journals (Sweden)

Lucy Finchett-Maddock

2014-09-01

Full Text Available Having written on protest and its variant forms for some years now, whether in squats or on the streets, through law or otherwise1, it has become more and more apparent how the right to dissent is altering, with the definite feel there are diminishing spaces in which to resist.

Aspects of administrative law in radiation protection in regions contaminated by mining activities - Wismut

International Nuclear Information System (INIS)

Naeser, H.

1992-01-01

The winding up of the uranium mining operated since the end of the Second World War jointly by the USSR and the GDR under the name ''Wismut'', and the clean-up of the region belongs to the great ecological problems that must be mastered in the new Laender of Germany. These measures pose a great number of problems of administrative and environmental law, because highly complex and very different matters must be regulated and a great number of norms of public law must be applied. This is aggravated by the considerable difficulties in achieving legal unity after the formal unification of the two German states. Selected legal issues are discussed. (orig./HSCH) [de

[Impact of the Core Training Law on preventive medicine and public health training and other common medical specialties].

Science.gov (United States)

Latasa, Pello; Gil-Borrelli, Christian; Aguilera, José Antonio; Reques, Laura; Barreales, Saúl; Ojeda, Elena; Alemán, Guadalupe; Iniesta, Carlos; Gullón, Pedro

2016-01-01

The purpose of the Core Training Law (CTL) is to amend specialised medical training to include 24 months of common training. The aim of this study is to assess its potential impact on the Preventive Medicine and Public Health (PM&PH) training programme and other medical specialties. The programmes of the 21 common medical specialties were analysed and the recommended training periods for each specialty collected, before the information was agreed upon by three observers. The training impact was calculated as the percentage of months that should be amended per specialty to adapt to the common training schedule. The Preventive Medicine and Public Health training programme is the specialty most affected by the Core Training Law (100%, 24 months). Intensive medicine (0%, 0 months) and medical oncology (17%, 4 months) is the least affected. The CTL affects the common medical specialties in different ways and requires a complete reorganisation of the activities and competencies of PM&PH professionals. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

The impact of Indonesia’s food law reform on the concept of food sovereignty in Indonesia

Science.gov (United States)

Soetoto, E. O. H.

2018-03-01

Food sovereignty, since first articulated in 1996, evaluations of the practice and potential of this emerging concept and its sub-elements got fast popularity, which first emerged from civil society publications. Indonesia experienced food law reform from Law number 7 of 1996 to Law number 18 of 2012. The purposes of the work were: (1) to understand the reform process from the old to the new Indonesia’s food law, (2) to investigate the impact of Indonesia’s food law reform on the concept of food sovereignty in Indonesia. The approach was doctrinal research. The paper used secondary data with primary, secondary, and tertiary legal materials. The scientific innovation of this paper is the use of legal systems to strengthen the food sovereignty in Indonesia, suggesting that the law is needed to ensure the food sovereignty in Indonesia. The results show that there is a paradigm shift in the Indonesia’s food law from food security and food self-sufficiency towards food sovereignty and in the content materials of new Indonesia’s food law which include the concept of food sovereignty. The present reasearch concluded that there is a reform in Indonesia’s food law and there is an impact - in term of legal substance, legal structure, and legal culture- of Indonesia’s food law reform on the concept of food sovereignty in Indonesia.

The Goettingen nuclear law catalogue 1976. Pt. B: bibliography - sources

International Nuclear Information System (INIS)

Zieger, G.; Bauer, G.; Bischof, W.; Pelzer, N.

1976-01-01

In volume 26, the bibliography covering domestic and foreign publications on atomic energy law is continued. 2,930 publications are cited on: bibliographies, collections of texts, treatises, handbooks, commentaries, reference, books and dictionaries, concept of atomic energy law, organization, radiation protection and reactor safety, liability and insurance, licence and control, nuclear fuels, other radioactive substances and wastes, nuclear installations, nuclear ships, transport, investions and information, economic law, criminal law, mining law, research, training, documentation, environmental protection, and other special subjects. (orig./LN) [de

CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

Directory of Open Access Journals (Sweden)

Ion Tutuianu

2013-12-01

Full Text Available By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

42 CFR 422.378 - Relationship to State law.

Science.gov (United States)

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

Using law to strengthen health professions: frameworks and practice.

Science.gov (United States)

Verani, André; Shayo, Peter; Howse, Genevieve

2011-01-01

The lack of sufficient, high-quality health workers is one of the primary barriers to improving health in sub-saharan africa. An approach to address this challenge is for public health practitioners to increase their cooperation with public health lawyers, regulators and other policymakers in order to develop strengthened health workforce laws, regulations, and policies that are vigorously implemented and enforced. Conceptual frameworks can help clarify the meaning of health system governance and the pathways between law and health. International recommendations for policy interventions governing health workers provide countries with valuable guidance for domestic reforms. Monitoring and evaluation of legal, regulatory, and other policy interventions are required to ascertain their public health impact. At the intersection of law and public health, professionals from both fields can collaborate in concrete ways such as those discussed here to improve laws and policies governing health.

Fuels planning: science synthesis and integration; social issues fact sheet 07: The "laws" of effective public education about fire hazards

Science.gov (United States)

Rocky Mountain Research Station USDA Forest Service

2004-01-01

Within the past 10 years, breakthrough research has identified factors that are most important for effectively communicating about wildland fire hazards. This fact sheet discusses seven "Laws" of effective public communication that should be considered in any state-of-the-art education campaign.

Strong Law of Large Numbers for Countable Markov Chains Indexed by an Infinite Tree with Uniformly Bounded Degree

Directory of Open Access Journals (Sweden)

Bao Wang

2014-01-01

Full Text Available We study the strong law of large numbers for the frequencies of occurrence of states and ordered couples of states for countable Markov chains indexed by an infinite tree with uniformly bounded degree, which extends the corresponding results of countable Markov chains indexed by a Cayley tree and generalizes the relative results of finite Markov chains indexed by a uniformly bounded tree.

Knowledgeability of Copyright Law among Librarians and Library Paraprofessionals Employed in Adult Services at a Large Public Library System.

Science.gov (United States)

Lavelle, Bridget M.

Since public libraries contain copyrighted works in the form of print, electronic or audiovisual sources, librarians and library paraprofessionals need to possess sufficient knowledge of United States copyright law to meet the information needs of patrons successfully and legally. A literature review revealed that minimal works address this topic.…

Korean Waste Management Law, Presidential Decree Number 13480, and Prime Minister Order Number 397

Science.gov (United States)

1994-06-01

radioactive waste or substances that are contaminated by radioactivity and medical waste (which is regulated by Medical Law), wastewater (which is regulated...be exceeded when the domestic waste is disposed a. In case where water polutant , pursuant to Table 1 of toe Enforcement Regulaton in the Water...combustion burner and extra burner * Normal operation of safety facilities • Normal operation of preventive facilities * Density of polutant out of

7 CFR 1944.548 - Counseling consent by FmHA or its successor agency under Public Law 103-354 single family housing...

Science.gov (United States)

2010-01-01

... grantee (at no cost) the borrower's FmHA or its successor agency under Public Law 103-354 loan history... including the amount of the loan, the repayment schedule, and the amount of the delinquency; and (3) Other...

The German and European laws and regulations providing for participation of the public in vertically staged procedures for the licensing of large-scale projects with an impact on the environment

International Nuclear Information System (INIS)

Hellmann, U.

1992-01-01

Participation of the public in licensing procedures for large-scale projects has been an item of discussion since the sixties in the legal sciences and on the political level. The introduction of the environmental impact assessment (EIA) as a legal requirement in EC law and its implementation in practice was the occasion to once again investigate the principle of participation of the public in the current legal framework. The study in hand reviews the legal provisions found in administrative law, constitutional law and European Community law governing the right of participation of the public and also takes a look at the situation in practice. The results show both the legal status and conditions of enforcement as prevailing after the coming into force in 1989 of the Act on Performance of an EIA, as well as inadequacies and deficits in the current legal framework. (orig.) [de

The evolution of law in biopreparedness.

Science.gov (United States)

Hodge, James G

2012-03-01

The decade following the terrorist attacks on September 11, 2001, and ensuing anthrax exposures that same fall has seen significant legal reforms designed to improve biopreparedness nationally. Over the past 10 years, a transformative series of legal changes have effectively (1) rebuilt components of federal, state, and local governments to improve response efforts; (2) created an entire new legal classification known as "public health emergencies"; and (3) overhauled existing legal norms defining the roles and responsibilities of public and private actors in emergency response efforts. The back story as to how law plays an essential role in facilitating biopreparedness, however, is pocked with controversies and conflicts between law- and policymakers, public health officials, emergency managers, civil libertarians, scholars, and others. Significant legal challenges for the next decade remain. Issues related to interjurisdictional coordination; duplicative legal declarations of emergency, disaster, and public health emergency; real-time legal decision making; and liability protections for emergency responders and entities remain unresolved. This article explores the evolving tale underlying the rise and prominence of law as a pivotal tool in national biopreparedness and response efforts in the interests of preventing excess morbidity and mortality during public health emergencies.

Changes in competence of public authorities in connection with final storage pursuant to the omnibus law on site selection

International Nuclear Information System (INIS)

Keienburg, Bettina

2012-01-01

The omnibus law on site finding and selection for a repository for radioactive waste generating heat, and with amendments to other laws, of June 13, 2012 is to reshuffle fundamentally the competences of public authorities for final storage. The federal government is to assume more responsibilities from former federal state competences. Moreover, most of the existing competences of the Federal Office for Radiation Protection are to be transferred to a federal agency yet to be founded, which is called Federal Office for Nuclear Safety in the present draft legislation. The Federal Office for Radiation Protection will only retain its responsibility as project agent for repositories, and that only in the phases of site exploration and licensing. Afterwards, the duty of final storage in the draft legislation is transferred to a 3rd party. Again in the version of the draft legislation, and unlike present regulations, this 3rd party may only be a company whose sole owner is the federal government, which also is to strengthen the influence of the federal government under aspects of company law. Legislative efforts seeking to strengthen the federal government and its competences by assigning licensing duties for repositories to federal agencies are understandable under feasibility aspects and may even be in the emotional interest of the states and their competent representatives in public authorities who, merely because their work is connected with the disputed topic of final storage, often face attacks and accusations by the public. Nevertheless, the transfer to federal agencies of administrative duties is subject to constitutional limits which must be observed. These constitutional aspects are highlighted in the publication. It is left to the reader to assess the meaningfulness of establishing another independent high-level federal agency in the area of responsibility of the Federal Ministry of the Environment (BMU), i.e. a Federal Office for Nuclear Safety, alongside the

Predicting Lotto Numbers

DEFF Research Database (Denmark)

Suetens, Sigrid; Galbo-Jørgensen, Claus B.; Tyran, Jean-Robert Karl

2016-01-01

We investigate the ‘law of small numbers’ using a data set on lotto gambling that allows us to measure players’ reactions to draws. While most players pick the same set of numbers week after week, we find that those who do change react on average as predicted by the law of small numbers...... as formalized in recent behavioral theory. In particular, players tend to bet less on numbers that have been drawn in the preceding week, as suggested by the ‘gambler’s fallacy’, and bet more on a number if it was frequently drawn in the recent past, consistent with the ‘hot-hand fallacy’....

Nuclear law Netherlands

International Nuclear Information System (INIS)

Bischof, W.

1976-01-01

This publication gives, in Dutch and German, a comprehensive survey of the Netherland's current law in the field of reactor safety and radiation protection, including a survey of international agreements. (orig./HP) [de

The spirit of democracy in the implementation of public information policy at the provincial government of West Java

Science.gov (United States)

Sjoraida, D. F.; Asmawi, A.; Anwar, R. K.

2018-03-01

This article analyses the implementation of Law Number 14/2008 on Public Information Disclosure on the Provincial Government of West Java. This descriptive-qualitative study presents a discussion of the spirit of democracy in the implementation of the abovem-entioned policy in West Java Province. With the theory of policy implementation and democratization, data obtains that the element of democratic spirit in the implementation of public information policy in the government of West Java is quite thick. Therefore, there must be a massification of the implementation of the law in West Java, especially its socialization to districts/cities and society in general. It was found that the democratization of the West Java Provincial Government in implementing the Act has been well received in the community. However, the lack of publicity about this Law can reduce the strength of moral messages that exist in the law to the public.

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

Analysis of the Deployed Military Health Information System and Its Ability to Satisfy Requirements of Public Law 105-85, Section 765

National Research Council Canada - National Science Library

Brown, David

2005-01-01

.... The information obtained in this analysis will be used to further identify the strengths and weaknesses of the deployed medical information systems in the MRS and determine the ability of the MRS to meet the requirements of Public Law 105-85.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

Multitude scaling laws in axisymmetric turbulent wake

Science.gov (United States)

Layek, G. C.; Sunita

2018-03-01

We establish theoretically multitude scaling laws of a self-similar (statistical) axisymmetric turbulent wake. At infinite Reynolds number limit, the flow evolves as general power law and a new exponential law of streamwise distance, consistent with the criterion of equilibrium similarity hypothesis. We found power law scalings for components of the homogeneous dissipation rate (ɛ) obeying the non-Richardson-Kolmogorov cascade as ɛu˜ku3 /2/(l R elm ) , ɛv˜kv3 /2/l , kv˜ku/R el2 m, 0 stress, l is the local length scale, and Rel is the Reynolds number. The Richardson-Kolmogorov cascade corresponds to m = 0. For m ≈ 1, the power law agrees with non-equilibrium scaling laws observed in recent experiments of the axisymmetric wake. On the contrary, the exponential scaling law follows the above dissipation law with different regions of existence for power index m = 3. At finite Reynolds number with kinematic viscosity ν, scalings obey the dissipation laws ɛu ˜ νku/l2 and ɛv ˜ νkv/l2 with kv˜ku/R eln. The value of n is preferably 0 and 2. Different possibilities of scaling laws and symmetry breaking process are discussed at length.

43 CFR 422.5 - Responsibilities of the Law Enforcement Administrator.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Responsibilities of the Law Enforcement Administrator. 422.5 Section 422.5 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Responsibilities § 422.5 Responsibilities of...

Public Accountancy Handbook.

Science.gov (United States)

New York State Education Dept., Albany. Office of the Professions.

A reference guide to laws, rules, and regulations that govern public accountancy practice in New York State is presented. In addition to identifying licensing requirements/procedures for certified public accountants, general provisions of Title VIII of the Education Law are covered, along with state management, professional misconduct, and…

THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

Directory of Open Access Journals (Sweden)

Abd Asis

2015-07-01

Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

Practical scaling law for photoelectron angular distributions

International Nuclear Information System (INIS)

Guo Dongsheng; Zhang Jingtao; Xu Zhizhan; Li Xiaofeng; Fu Panming; Freeman, R.R.

2003-01-01

A practical scaling law that predicts photoelectron angular distributions (PADs) is derived using angular distribution formulas which explicitly contain spontaneous emission. The scaling law is used to analyze recent PAD measurements in above-threshold ionization, and to predict results of future experiments. Our theoretical and numerical studies show that, in the non-relativistic regime and long-wavelength approximation, the shapes of PADs are determined by only three dimensionless numbers: (1) u p ≡U p /(ℎ/2π)ω, the ponderomotive number (ponderomotive energy in units of laser photon energy); (2) ε b ≡E b /(ℎ/2π)ω, the binding number (atomic binding energy in units of the laser photon energy); (3) j, the absorbed-photon number. The scaling law is shown to be useful in predictions of results from strong-field Kapitza-Dirac effect measurements; specifically, the application of this scaling law to recently reported Kapitza-Dirac diffraction is discussed. Possible experimental tests to verify the scaling law are suggested

43 CFR 422.7 - Authorization to perform law enforcement duties.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authorization to perform law enforcement duties. 422.7 Section 422.7 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Program Requirements § 422.7 Authorization to perfor...

The Scope of State Aid and Public Service Obligation for Airports and Air Carriers in the Light of European Law

Directory of Open Access Journals (Sweden)

Grzegorz Zajac

2015-10-01

Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.

Employment, Housing, and Public Accommodations Discrimination Based on Sexual Orientation and Gender Identity in Missouri

OpenAIRE

Mallory, Christy; Hasenbush, Amira; Liebowitz, Sarah

2013-01-01

The 160,000 LGBT adults in Missouri would benefit from an expanded state non-discrimination law that includes sexual orientation and gender identity. There is currently no Missouri law protecting LGBT people from discrimination in housing, employment, and public accommodations. A uniform state-wide law would maximize protection for Missouri’s LGBT population, and provide them the same recourse available to their non-LGBT counterparts. Media reports and lawsuits document that a number...

VALIDATION OF THE DERIVED LAW NORM IN THE EUROPEAN AND INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Alina Leția

2013-11-01

Full Text Available Throughout realizing the study we analyzed the validity of the European law norm resulting from the derived sources of law with obligatory force (regulations, decisions and directives in connection with the European law norm, the national law norm and the general principles of law considering the jurisprudence of the European Court of Justice and the supremacy of the European Union law also over national constitutions. Thus the European Union represents a new law order, having as subjects not only states member, but also the nationals of these states, who benefit of rights that can be appealed before national courts against public organisms or other private persons and obligations. Therefore, the European Court of Justice has successively imposed the direct applicability of community norms, continuing with the priority of these norms so that in the end the principle of the supremacy of the European law has been adopted. The European norm has to be respected and interpreted in a uniform manner in all states member, considering the fact that the supremacy of the European law over the national law is seen as a sine qua non of the integration, but also a fundamental principle of the Union. National courts guarantee the supremacy of the European norm and its unitary application – aspects analyzed in this study- through the procedure of preliminary decisions.

78 FR 53004 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for...

Science.gov (United States)

2013-08-27

... Administrative Waiver of the Coastwise Trade Laws: Vessel SECOND WIND; Invitation for Public Comments AGENCY... SECOND WIND is: Intended Commercial Use of Vessel: ``Breakfast, lunch, and dinner cruises featuring... to the docket number of this notice and the vessel name in order for MARAD to properly consider the...

Public health and the Australian Constitution.

Science.gov (United States)

Reynolds, C

1995-06-01

The powers vested in the Commonwealth Government by the Constitution contain the basis of much public health law in Australia. Yet this is not often recognised; public health law is generally, and historically, seen as the states' responsibility. This article surveys the broad range of constitutional powers that the Commonwealth Government can rely upon to make public health laws. It considers areas of power specified in the Constitution, such as those with respect to external affairs and corporations. Decisions of the High Court have interpreted the various heads of power very broadly and have significantly enhanced the potential of the Commonwealth to pass detailed and far-reaching public health law. To this fact must be added the taxation arrangements in Australia and, with these, the very extensive control that the Commonwealth can exercise through its monopoly of major taxation sources. Its power to make financial arrangements can tie dependent states into specific policies (including public health policies) as a condition of the grants made to them. However, these broad powers may be limited in some important respects: the High Court is increasingly identifying rights and freedoms in the Constitution that may increasingly bring both state and Commonwealth public health law under challenge. Despite this possibility, the Commonwealth may prove to be our most significant source of public health law, and public health policy makers should recognise the full potential of its power to make such laws.

Temperature and heat flux scaling laws for isoviscous, infinite Prandtl number mixed heating convection.

Science.gov (United States)

Vilella, Kenny; Deschamps, Frederic

2018-04-01

Thermal evolution of terrestrial planets is controlled by heat transfer through their silicate mantles. A suitable framework for modelling this heat transport is a system including bottom heating (from the core) and internal heating, e.g., generated by secular cooling or by the decay of radioactive isotopes. The mechanism of heat transfer depends on the physical properties of the system. In systems where convection is able to operate, two different regimes are possible depending on the relative amount of bottom and internal heating. For moderate internal heating rates, the system is composed of active hot upwellings and cold downwellings. For large internal heating rates, the bottom heat flux becomes negative and the system is only composed of active cold downwellings. Here, we build theoretical scaling laws for both convective regimes following the approach of Vilella & Kaminski (2017), which links the surface heat flux and the temperature jump across both the top and bottom thermal boundary layer (TBL) to the Rayleigh number and the dimensionless internal heating rate. Theoretical predictions are then verified against numerical simulations performed in 2D and 3D-Cartesian geometry, and covering a large range of the parameter space. Our theoretical scaling laws are more successful in predicting the thermal structure of systems with large internal heating rates than that of systems with no or moderate internal heating. The differences between moderate and large internal heating rates are interpreted as differences in the mechanisms generating thermal instabilities. We identified three mechanisms: conductive growth of the TBL, instability impacting, and TBL erosion, the last two being present only for moderate internal heating rates, in which hot plumes are generated at the bottom of the system and are able to reach the surface. Finally, we apply our scaling laws to the evolution of the early Earth, proposing a new model for the cooling of the primordial magma ocean

Problems raised by participation of foreign citizens in national licensing procedures - aspects of public international law

International Nuclear Information System (INIS)

Pelzer, N.

1983-01-01

In western Europe persons living in border areas increasingly ask for participation in national licensing procedures for nuclear installations to be erected close to the border in neighbouring countries. National practices vary in this matter. Whilst many countries concede rights of participation to foreign citizens in the border areas, the Federal Republic of Germany, e.g., denies foreign citizens direct participation. The paper enquires into the connected problems of public international law and pertinent international treaties and international customary low are examined. (NEA) [fr

36 CFR 1270.50 - Consultation with law enforcement agencies.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 3 2010-07-01 2010-07-01 false Consultation with law enforcement agencies. 1270.50 Section 1270.50 Parks, Forests, and Public Property NATIONAL ARCHIVES AND RECORDS ADMINISTRATION PRESIDENTIAL RECORDS PRESIDENTIAL RECORDS Presidential Records Compiled for Law Enforcement Purposes § 1270.50 Consultation with...

Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective

DEFF Research Database (Denmark)

Faeh, Andrea

2012-01-01

of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.......In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences...

Report to Congress on Server and Data Center Energy Efficiency: Public Law 109-431: Appendices

Energy Technology Data Exchange (ETDEWEB)

Alliance to Save Energy; ICF Incorporated; ERG Incorporated; U.S. Environmental Protection Agency; Brown, Richard E; Brown, Richard; Masanet, Eric; Nordman, Bruce; Tschudi, Bill; Shehabi, Arman; Stanley, John; Koomey, Jonathan; Sartor, Dale; Chan, Peter; Loper, Joe; Capana, Steve; Hedman, Bruce; Duff, Rebecca; Haines, Evan; Sass, Danielle; Fanara, Andrew

2007-08-02

This report is the appendices to a companion report, prepared in response to the request from Congress stated in Public Law 109-431 (H.R. 5646),"An Act to Study and Promote the Use of Energy Efficient Computer Servers in the United States." This report assesses current trends in energy use and energy costs of data centers and servers in the U.S. (especially Federal government facilities) and outlines existing and emerging opportunities for improved energy efficiency. It also makes recommendations for pursuing these energy-efficiency opportunities broadly across the country through the use of information and incentive-based programs.

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

The law of times

International Nuclear Information System (INIS)

Knizia, K.

1986-01-01

The implicit confidence in technology of former decades has long since given way to an equally doubtful hostility towards technology. Criticism is focusing on energy economy and the 'hard technologies' it advocates. The publication for the first time gives public access to a number of papers and essays discussing this criticism in a most detailed and competent way. Based on different aspects and theories maintained by natural science, philosophy, ethics and world economy the author concludes that it is not cuts but a consistent technological extension leading to long-term living conditions worthy of a human being and to the benefit of the major part of the population. The publication deals with the following subjects: pros and cons of a nuclear phaseout; technology as a prior condition of modern humanity, energy for our world; energy - order - humanity; responsibility and technology; engineers - mediators between energy technology and society, future energy supply and technological changes; innovation and the interaction between technology and science; energy supply and pollution abatement; nuclear technology and long-term energy supplies; from mechanics to energy technology - 200 years of German steam engineering; the implications of the second law of thermodynamics for human life; arguments in favour of a general energy system. (orig./HP) [de

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

Energy Technology Data Exchange (ETDEWEB)

Lohse, S. [comp.; Doerner, E. [comp.

1992-08-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

Public health legal preparedness in Indian country.

Science.gov (United States)

Bryan, Ralph T; Schaefer, Rebecca McLaughlin; DeBruyn, Lemyra; Stier, Daniel D

2009-04-01

American Indian/Alaska Native tribal governments are sovereign entities with inherent authority to create laws and enact health regulations. Laws are an essential tool for ensuring effective public health responses to emerging threats. To analyze how tribal laws support public health practice in tribal communities, we reviewed tribal legal documentation available through online databases and talked with subject-matter experts in tribal public health law. Of the 70 tribal codes we found, 14 (20%) had no clearly identifiable public health provisions. The public health-related statutes within the remaining codes were rarely well integrated or comprehensive. Our findings provide an evidence base to help tribal leaders strengthen public health legal foundations in tribal communities.

Bioterrorism, public health, and the law.

Science.gov (United States)

Bayer, Ronald; Colgrove, James

2002-01-01

The controversy over the Model State Emergency Health Powers Act has underscored the enduring tension in public health between guarding the common welfare and respecting individual liberty. The current version of the act, crafted in response to extensive public commentary, attempts to strike a balance between these values but has failed to allay the concerns of many civil libertarians and privacy advocates. Although the debates over the model act have been triggered by the threat of bioterrorism, they illustrate broader philosophical differences, with profound implications for all realms of public health policy.

Formulation of Policy for Cyber Crime in Criminal Law Revision Concept of Bill Book of Criminal Law (A New Penal Code)

Science.gov (United States)

Soponyono, Eko; Deva Bernadhi, Brav

2017-04-01

Development of national legal systems is aimed to establish the public welfare and the protection of the public. Many attempts has been carried out to renew material criminal law and those efforts results in the formulation of the concept of the draft Law Book of the Law of Criminal Law in the form of concept criminal code draft. The basic ideas in drafting rules and regulation based on the values inside the idology of Pancasila are balance among various norm and rules in society. The design concept of the New Criminal Code Act is anticipatory and proactive to formulate provisions on Crime in Cyberspace and Crime on Information and Electronic Transactions. Several issues compiled in this paper are whether the policy in formulation of cyber crime is embodied in the provisions of the current legislation and what the policies formulation of cyber crime is in the concept of the bill book of law - criminal law recently?.

78 FR 14413 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for...

Science.gov (United States)

2013-03-05

... Administrative Waiver of the Coastwise Trade Laws: Vessel LUCKY DUCK; Invitation for Public Comments AGENCY... should refer to docket number MARAD-2013-0019. Written comments may be submitted by hand or by mail to... LUCKY DUCK is: Intended Commercial Use Of Vessel: ``The vessel is to be operated as a sailing...

Social Security Number Protection Laws: State-by-State Summary Table

Science.gov (United States)

Data Quality Campaign, 2011

2011-01-01

As state policymakers implement statewide longitudinal data systems that collect, store, link and share student-level data, it is critical that they understand applicable privacy and data security standards and laws designed to ensure the privacy, security, and confidentiality of that data. To help state policymakers navigate this complex legal…

European Non-Discrimination Law : A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

NARCIS (Netherlands)

Speekenbrink, S.

2012-01-01

Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)

25 CFR 26.22 - May a tribe integrate Job Placement and Training funds into its Public Law 102-477 Plan?

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false May a tribe integrate Job Placement and Training funds... THE INTERIOR HUMAN SERVICES JOB PLACEMENT AND TRAINING PROGRAM General Applicability § 26.22 May a tribe integrate Job Placement and Training funds into its Public Law 102-477 Plan? Yes, Indian tribes...

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

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2016-12-01

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

THE MEASURES OF CONSTRAINT IN THE INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

Dumitriţa FLOREA

2013-12-01

Full Text Available For being addressee of the state international responsibility, the entities guilty of the trigger of an conflict or by of the commit of an fact through it’s bring touch to the international public order, must have the quality of the subject of international public law or to be participant to an report of law like this, knowing that the reports which it’s settle between the entities which actions in the international society are considered the international relationships. The relationships which are established between the subjects of international law are falling under the international public law. The constraints is an element of international law which does not constitute an violation, but an mean of achievement of the law. The base element of the constraint is legality, including from the point of view of foundation, method and the volume. The constraint is determine, first of all by the purpose and base principles of the international law. The countermeasure are limited through the temporary a groundless of the obligations by the injured states, face to the guilty state and are considered legal until it will be achieved their purpose. They must have applied in a sort way to permit re-establish of the application of obligations infringe. This rule has to do with Convention of Vienna from 1969 regarding the treaties law, according to “in the time of abeyance period, the parties must abstain from any deeds which will tend to impedes the resumption of applying the treaty”

76 FR 4369 - Special Law Enforcement Commissions

Science.gov (United States)

2011-01-25

...This notice announces the online publication of the Interim Special Law Enforcement Commission Policy, Rules and Procedures, the Interim Special Law Enforcement Commission Protocols and the Interim Domestic Violence Waiver that will be used by the Office of Justice Services following passage of the Tribal Law and Order Act of 2010. The documents are published on the Indian Affairs Web site.

Energy law '90

International Nuclear Information System (INIS)

1990-01-01

The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)

Origins and framework of environmental law in the United States

Energy Technology Data Exchange (ETDEWEB)

Robinson, N A

1975-11-01

A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

Agreeements between entities within the public sector and public procurement rules

Directory of Open Access Journals (Sweden)

Alejandro Huergo Lora

2017-11-01

Full Text Available This paper examines how European and Spanish public procurement rules tackle agreements between entities within the public sector. In Spain these agreemets were initially above those rules, but now they cannot have the same object as a contract. Spanish law is not in line with European law, since under European law agreements are valid even if their object could be attained with a contract, provided that they meet some requirements. On the other hand, attention is paid to these requisites, laid down by Eurepean law, in order to ascertain if agreements are asked to comply with harder rules than «in house providing», and if it has to be so. Public entities are not obliged to «buy» if they can fulfill their needs with their own resources. And «their own resources» include the resources of entities or bodies closely related, or even any entity within the public sector. Otherwise decentralized States, in which there are many autonomous entities whose cooperation involves agreements between independent bodies, would be impaired.

43 CFR 422.6 - Responsibilities of the Chief Law Enforcement Officer.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Responsibilities of the Chief Law Enforcement Officer. 422.6 Section 422.6 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Responsibilities § 422.6 Responsibilities of...

REFLECTION ON THE REVISION OF THE BOOK OF THE LAW OF CRIMINAL LAW AND LAW OF CRIMINAL PROCEDURE OF INDONESIA

Directory of Open Access Journals (Sweden)

Marwan Mas

2015-05-01

Full Text Available The Principle of the plan revision or amendment Of the Criminal Law Act and LAW No. 8 of 1981 on the law of criminal procedure (Criminal Code is something that necessarily, because a number of judgments were not in accordance with the conditions of the present. Criminal Code which came into effect in 1915 during colonial times, many judgments which are not in line with people's lives today. For example, the ban showed, offering, or broadcast a preventive tool is pregnant, regulated in article 534 Criminal Code, although that provision had never been repealed as opposed to family planning programs. It's just that, those changes also should look at the reality of the needs of the community, particularly on corruption eradication efforts which should not be weakened. One of the crucial second revision of draft laws that are a number of provisions which could potentially undermine the spirit of the eradication of corruption, including the weakening of the authority of the corruption eradication Commission (KPK in dealing with corruption cases.

45 CFR 5.68 - Exemption seven: Law enforcement.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Exemption seven: Law enforcement. 5.68 Section 5... INFORMATION REGULATIONS Reasons for Withholding Some Records § 5.68 Exemption seven: Law enforcement. We are not required to disclose information or records that the government has compiled for law enforcement...

Predicting Lotto Numbers

DEFF Research Database (Denmark)

Jørgensen, Claus Bjørn; Suetens, Sigrid; Tyran, Jean-Robert

numbers based on recent drawings. While most players pick the same set of numbers week after week without regards of numbers drawn or anything else, we find that those who do change, act on average in the way predicted by the law of small numbers as formalized in recent behavioral theory. In particular......We investigate the “law of small numbers” using a unique panel data set on lotto gambling. Because we can track individual players over time, we can measure how they react to outcomes of recent lotto drawings. We can therefore test whether they behave as if they believe they can predict lotto......, on average they move away from numbers that have recently been drawn, as suggested by the “gambler’s fallacy”, and move toward numbers that are on streak, i.e. have been drawn several weeks in a row, consistent with the “hot hand fallacy”....

International trade and investment law: a new framework for public health and the common good.

Science.gov (United States)

Delany, Louise; Signal, Louise; Thomson, George

2018-05-08

International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on

The law applicable to environmental damage in European private international law

Directory of Open Access Journals (Sweden)

Đundić Petar

2013-01-01

Full Text Available The paper contains an analysis of choice of law rules in the field of non-contractual liability for damage caused to environment in national legislations of European countries as well as in Private International Law of the European Union. Before the adoption of Regulation of the European Parliament and of the Council on the law applicable to non-contractual obligations (Rome II, special choice of law rules for environmental torts existed in a small number of European national legal orders. This is the fact that gives the rule contained in Article 7 of the Rome II Regulation a particular importance. From the Serbian Private International Law perspective, the significance of that provision is highlighted by the fact that the working draft of the new Serbian Private International Law Act has strictly followed the choice of law rule envisaged by the European legislator for environmental damage. For that reason, a significant part of the paper is dedicated to analysis of said rule, to its interpretation and potential problems which its application could create.

Restitution from public authorities in Ireland

OpenAIRE

Cleary, Niamh

2012-01-01

This thesis examines the law of restitution from public authorities in Ireland. It operates on two levels. First, it is the first large scale research project on the law of restitution in Ireland. It also analyses the law of restitution in Ireland and considers how Ireland has integrated traditional principles of restitution that have been developed in other common law jurisdictions. Second, it examines the law of restitution as it applies to public authorities in Ireland. It considers the re...

Risks and risk assessment according to the law of the Federal Republic of Germany

International Nuclear Information System (INIS)

Lukes, R.

1980-01-01

In civil and criminal law, danger is defined as the imminent possibility of an infringement of rights protected by the law. In the general law governing the security forces and public order, too, the concept of danger has been clearly defined, and, therefore the author discusses the guiding criteria for the definition of danger concepts for police regulations and the law governing supervision. In the legal fields of governmental supervision, the legislature - for reasons of preventing danger and for the protection of the public - has introduced public licensing, notification duties, information or other supervisory measures. By means of the industrial law, the law on emission control and the atomic energy law, criteria for the definition danger and danger assessment are described. (HSCH) [de

Environmental law - the question of a systematization and codification of environmental law in Austria

International Nuclear Information System (INIS)

Chiu Yen-Lin, A.

2000-04-01

In the last three decades environmental law has become an important part of jurisprudence. As a cross-section subject environmental law refers to a number of different legal subjects, making a clear distinguishing impossible. The thesis has the purpose to explain the concept of environmental law and to systematize the field of environmental law (also with regard to a general codification). Beginning with a summary of environmental law definitions and following a review of the international and national legal development there is an overall view about the sources, the various sections, the principles, the instruments and the implementing institutions of environmental law. The question of a complete codification of environmental law in a statute book is of special interest, as there are also international endeavors going in this direction. (author)

Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

Science.gov (United States)

Stone, Dave

2014-08-01

State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

Mining law and energy law in the context of today's most urgent problems

International Nuclear Information System (INIS)

Hueffer, U.; Ipsen, K.; Tettinger, P.J.

1989-01-01

Present mining law and energy law is discussed in 29 papers. Fundamental aspects of legal policy are discussed from the view of the Federal Government and of the Land of Nordrhein-Westfalen. Among the subjects discussed are: Property rights and mining; brown coal projecting; instruments for the promotion of power generation from coal; law on mining damage, industrial safety, and social security. There are several papers on legal problems of power supply, e.g. the autonomy of public utilities, the construction of power supply networks, the utilisation of renewable energy sources, waste incineration, and court decisions in the nuclear licensing procedure. There is a section on international law and a comparison of legal regulations, comprising: legal measures and standards within the IAEA; organisation and tasks of the IEA, energy law and energy policy of the USA, Japan, Great Britain, France, and the COMECON states (the latter referred to the production of energy sources and the electric power generation capacity). (orig./HP) [de

Nuclear Law Bulletin No. 93, Volume 2014/1

International Nuclear Information System (INIS)

2014-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include: 'Progress towards a global nuclear liability regime'; 'The Convention on Supplementary Compensation for Nuclear Damage and participation by developing countries: A South African perspective'; 'Fusion energy and nuclear liability considerations'; and 'Nuclear energy and Indian society: Public engagement, risk assessment and legal frameworks'

Health Law as Social Justice.

Science.gov (United States)

Wiley, Lindsay F

2014-01-01

Health law is in the midst of a dramatic transformation. From a relatively narrow discipline focused on regulating relationships among individual patients, health care providers, and third-party payers, it is expanding into a far broader field with a burgeoning commitment to access to health care and assurance of healthy living conditions as matters of social justice. Through a series of incremental reform efforts stretching back decades before the Affordable Care Act and encompassing public health law as well as the law of health care financing and delivery, reducing health disparities has become a central focus of American health law and policy. This Article labels, describes, and furthers a nascent "health justice" movement by examining what it means to view health law as an instrument of social justice. Drawing on the experiences of the reproductive justice, environmental justice, and food justice movements, and on the writings of political philosophers and ethicists on health justice, I propose that health justice offers an alternative to the market competition and patient rights paradigms that currently dominate health law scholarship, advocacy, and reform. I then examine the role of law in reducing health disparities through the health justice lens. I argue that the nascent health justice framework suggests three commitments for the use of law to reduce health disparities. First, to a broader inquiry that views access to health care as one among many social determinants of health deserving of public attention and resources. Second, to probing inquiry into the effects of class, racial, and other forms of social and cultural bias on the design and implementation of measures to reduce health disparities. And third, to collective action grounded in community engagement and participatory parity. In exploring these commitments, I highlight tensions within the social justice framework and between the social justice framework and the nascent health justice movement

Labour Law in Denmark

DEFF Research Database (Denmark)

Hasselbalch, Ole

. Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays...... Falling on a Normal Working Day and Leave Schemes Chapter 4. Remuneration and Benefits Chapter 5. Incapacity to Work Chapter 6. Job Security Chapter 7. Protection of Certain Categories of Employee and against Discrimination in Employment Chapter 8. Covenants of Non-competition and Non-solicitation Chapter....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

Benford's Law in Astronomy Theodoros Alexopoulos1,∗ & Stefanos ...

Indian Academy of Sciences (India)

2. New numerical sequences and Benford's law. A simple example of Benford's law is performed on numerical sequences. It is already proven that the Fibonacci and Lucas numbers obey the Benford's law. (Wlodarksi 1971). The three additional numerical sequences considered in this paper are: • Jacobsthal numbers (Jn) ...

Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students

Science.gov (United States)

Barcadepone, Michael J.

2012-01-01

The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…

46 CFR 4.03-55 - Law enforcement officer.

Science.gov (United States)

2010-10-01

... 46 Shipping 1 2010-10-01 2010-10-01 false Law enforcement officer. 4.03-55 Section 4.03-55 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY PROCEDURES APPLICABLE TO THE PUBLIC MARINE CASUALTIES AND INVESTIGATIONS Definitions § 4.03-55 Law enforcement officer. Law enforcement officer means a Coast Guard commissioned, warrant or petty officer...

Public Employment Services and European Law

DEFF Research Database (Denmark)

Freedland, Mark; Craig, Paul; Jacqueson, Catherine

jobformidling i EU: institutioner, aktiviteter og regulering - økonomisk/social regulering, privat/offentlig aktivitet - EU-ret - komparativ ret: Danmark, Frankrig, England, Tyskland og Italien - EU kompetence, sociale anliggende og offentlige tjenesteydelser - "Public service" modeler i EU - reg...... - regulerings teknikker og "governance" - jobformidling som "public service" - udlicitering - aktivering - uddanneslsestilbud - menneskerettigheder - "making work pay" - forholdet mellem jobmidlingsinstitutioner og den arbejdssøgende...

The unity of laws, principles and consistent patterns of social education

Directory of Open Access Journals (Sweden)

Volodymyr Kostiv

2017-03-01

Full Text Available The article reveals the essence of social, educational and synergetic laws of basiccultural identity development, laws and principles of social education of young generation.Key words: law, pattern, principle, public law of basic cultural identity development,pedagogical law of integrative qualities formation in children and youth, synergetic law ofself-improvement, integrative personal traits self-improvement.

Elaboration of Avogadro law

International Nuclear Information System (INIS)

Luk'yanov, A.T.

1999-01-01

In the report on the base of conducted experiments the conclusion about necessity of Avogadro law elaboration is made. It is suggested to add to existing formulation of the law 'In equal volumes of gases at similar pressure and temperature there are equal molecules number' - the elaboration 'and at same spectral content of heat sources'

Essays on the Effects of Medical Marijuana Laws

OpenAIRE

Smart, Rosanna

2016-01-01

Over half of the US states have adopted "medical marijuana" laws (MMLs), and 58% of Americans now favor marijuana legalization. Despite public support, federal law continues to prohibit the use and sale of marijuana due to public health concerns of increased dependence and abuse, youth access, and drugged driving. These essays contribute toward understanding the likely health consequences of marijuana liberalization using evidence from MMLs.Chapter 1 -- Growing Like Weed: Explaining Variation...

32 CFR 635.21 - USACRC control numbers.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true USACRC control numbers. 635.21 Section 635.21 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS LAW ENFORCEMENT REPORTING Offense Reporting § 635.21 USACRC control numbers. (a) Case numbers to support reporting...

Nuclear law

International Nuclear Information System (INIS)

Bringuier, P.

2009-01-01

The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

The Present State of the Business Law Education of Accounting Students: The Business Law Professor's Perspective

Science.gov (United States)

Kocakulah, Mehmet C.; Austill, A. David; Long, Brett

2009-01-01

The article aims to provide Certified Public Accountant (CPA) candidates, accounting faculty, the American Institute of Certified Public Accountants (AICPA), and the state boards of accountancy with an insight into the business law professor's perspective concerning the legal education of accountants. This article first describes various factors,…

LAW ENFORCEMENT PREPAREDNESS FOR THE IMPLEMENTATION OF INDONESIA’S LAW ON JUVENILE JUSTICE SYSTEM

Directory of Open Access Journals (Sweden)

Dani Krisnawati

2014-03-01

Full Text Available Paradigmatic changes stipulated in Law Number 11 of 2012 on Juvenile Justice System, including regulations concerning restorative justice and diversion require the competency and skills of the law enforcement officers. This research identifies measures that have been taken and the existing barriers in preparing for the implementation of this Law. The research demonstrates that the readiness of the investigators and child prosecutors are merely limited to the outreach of Law Number 11 of 2012, whilst knowledge of the court judges only covers the draft Law. The number of officers receiving outreach is limited and should be increased. Negative perception on the officers due to the risk of a bribery accusation is feared to hamper the implementation of diversion regulation based on a restorative justice. Perubahan paradigmatik yang termuat dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, termasuk diantaranya ketentuan mengenai keadilan restoratif dan diversi, memerlukan kompetensi dan keahlian aparat penegak hukum. Penelitian ini mengidentifikasi langkah yang telah dilakukan dan kendala persiapan implementasi Undang-Undang tersebut. Hasil penelitian memperlihatkan bahwa kesiapan penyidik dan penuntut umum anak masih terbatas pada partisipasi sosialisasi Undang-Undang Nomor 11 Tahun 2012, sedangkan hakim anak memiliki pengetahuan hanya pada Rancangan Undang-Undang. Jumlah aparat yang menerima sosialisasi Undang-Undangmasih terbatas dan perlu ditingkatkan jumlahnya. Pandangan negatif terhadap aparat karena bisa menimbulkan dugaan suap dikhawatirkan menjadi penghambat diterapkannya ketentuan diversi dengan pendekatan keadilan restoratif.

Human Rights in National Administrative Law

DEFF Research Database (Denmark)

Næsborg-Andersen, Ayo

rights law is visible in the case-law of institutions performing reviews of Danish administrative decisions. The book consists of three parts. The first part contains the introduction, research question, methodological considerations and delimitations. The second part is an in-depth look at the theory...... developed using the theory of legal capability and communication theories. Discussing new ways of analysing the application of human rights, this book is relevant for scholars and professionals primarily working with human rights law, but also administrative law, both nationally and internationally.......Human rights are increasingly debated in the public sphere, yet discussions of human rights law are traditionally all but invisible in the discussions on national administrative law. This is at least the case in Denmark. This book sets out to analyse if, and in what way, the application of human...

43 CFR 422.9 - Reclamation law enforcement contracts and cooperative agreements.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Reclamation law enforcement contracts and... PROJECTS Program Requirements § 422.9 Reclamation law enforcement contracts and cooperative agreements. (a... Federal laws. (b) Each contract and cooperative agreement authorizing the exercise of Reclamation law...

36 CFR 8.4 - Federal and State labor laws.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

The Vat Exemption for Health Care: Eu Law and its Impact on Swedish law

Directory of Open Access Journals (Sweden)

Påhlsson Robert

2015-12-01

Full Text Available The general rule in EU law is that value-added tax (VAT is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.

Efficient Control Law Simulation for Multiple Mobile Robots

Energy Technology Data Exchange (ETDEWEB)

Driessen, B.J.; Feddema, J.T.; Kotulski, J.D.; Kwok, K.S.

1998-10-06

In this paper we consider the problem of simulating simple control laws involving large numbers of mobile robots. Such simulation can be computationally prohibitive if the number of robots is large enough, say 1 million, due to the 0(N2 ) cost of each time step. This work therefore uses hierarchical tree-based methods for calculating the control law. These tree-based approaches have O(NlogN) cost per time step, thus allowing for efficient simulation involving a large number of robots. For concreteness, a decentralized control law which involves only the distance and bearing to the closest neighbor robot will be considered. The time to calculate the control law for each robot at each time step is demonstrated to be O(logN).

Public-Private Partnership in the EU Public Procurement Regime

DEFF Research Database (Denmark)

Andrecka, Marta

, poses legal challenges for the procurement of PPP contracts. The overall research objective of my doctoral thesis is to analyse, clarify and discuss potential legal challenges resulting from European Union public procurement law - provided in Directive 2004/18/EC – which a public authority is obliged......My PhD research focuses on the relationship between the formation and operation of a Public-Private Partnership (PPP) and public procurement law as a legal framework for the award of the PPP contract. The complex nature of PPP projects including long term high value contracts, long award process...... to apply when awarding a Public-Private Partnership contract, as well as to analyse if a deregulation of PPP’s award framework could potentially resolve these potential legal challenges. The latter consideration of deregulation of PPP award framework is based on comparison of highly regulated European...

Changes in the number of resident publications after inception of the 80-hour work week.

Science.gov (United States)

Namdari, Surena; Baldwin, Keith D; Weinraub, Barbara; Mehta, Samir

2010-08-01

Since the inception of resident work-hour regulations, there has been considerable concern regarding the influence of decreased work hours on graduate medical education. In particular, it is unclear whether implementation of work-hour restrictions has influenced resident academic performance as defined by quantity of peer-reviewed publications while participating in graduate medical education. We determined the impact of work-hour changes on resident involvement in the number of published clinical studies, laboratory research, case reports, and review articles. We conducted a PubMed literature search of 139 consecutive orthopaedic surgery residents (789 total resident-years) at one institution from academic years 1995-1996 to 2008-2009. This represented a continuous timeline before and after implementation of work-hour restrictions. The number of resident publications before and after implementation of work-hour changes was compared. There was a greater probability of peer review authorship in any given resident-year after work-hour changes than before. Average publications per resident-year increased for total articles, clinical articles, case reports, and reviews. There was an increased rate of publications in which the resident was the first author. Since implementation of work-hour changes, total resident publications and publications per resident-year have increased.

Peculiarities of activities of public administration subjects in the public finance

Directory of Open Access Journals (Sweden)

Світлана Миколаївна Клімова

2017-12-01

administration operates. Public administration (in the sense of activity has certain forms, functions and methods. A number of peculiarities of public administration in the sphere of public finances are formulated using the viewpoints of T.M. Kravtsova, A.V. Solonar, I. Richter and G.F. Shupperta, S.S. Vitvitsky: 1 it is a certain coordinated and organized system of organs; 2 the entity acts as a state represented by bodies of state executive power and executive bodies of local self-government; 3 the constituent elements of the system are also state institutions, organizations, institutions; 4 public administration is based on authority, performs administrative and managerial functions; 5 the activity of public administration extends to the whole society, as well as to separate territories of the state - the regions, as well as certain spheres (branches of public life, one of which is the sphere of public finances functioning; 6 in the structure of the public administration activity in the field of public finances should be allocated "two components: a organizational, including public service; b control "; 7 the purpose of public administration in the field of public finances is a combination of interests of the state, interests of regions, individual collective formations and interests, human and civil rights and freedoms; 8 the forms and methods of public administration in the field of public finances are determined primarily by the nature of the security functions of public administration, and secondary importance in this case have the following management functions as: law enforcement; human rights; regulating; norm-setting; jurisdictional; 9 the main forms of public administration include: a law-making (regulations, statutes, administrative requirements; b administrative acts; c public-law contracts; d simple administrative actions; e private law administrative activity; 10 to ensure the necessary level of legality in the field of public finance management, a complex of

Law no. 111/1996 on the safe deployment of nuclear activities - A law central to the Romanian nuclear law system

International Nuclear Information System (INIS)

Chiripus, Vlad-Ionut

2004-01-01

, general public, environment and property be met, allowing only for minimum risks provided under the law and integrally observing the obligations undertaken in the agreements and conventions to which Romania is a party. By passing the Law no. 111/1996 Romania has achieved the goal

Law no. 2004-803 from August 9, 2004 relative to electricity and gas public utilities and to the power and gas companies; Loi no. 2004-803 du 9 aout 2004 relative au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-09-01

The aim of this law is to allow the administrations to avoid to use their eligibility right with the opening of the electricity and gas markets to competition. It changes the juridical status of the two public utilities Electricite de France (EdF) and Gaz de France (GdF) into two anonymous companies and creates two additional companies for the management of the power and gas networks. It ensures also the transposition of the European directives from June 26, 2003 (2003/54/CE and 2003/55/CE). It contains some proper dispositions and modifies various existing French laws, in particular the law no. 46-628 from April 8, 1946 about the electricity and gas nationalization and the law no. 2000-108 from February 10, 2000 relative to the modernization and development of the electric public utility. (J.S.)

1987 annual report on low-level radioactive waste management progress: Report to Congress in response to Public Law 99-240

International Nuclear Information System (INIS)

1988-08-01

In response to Section 7(b) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240), this report summarizes the progress of states and low-level radioactive waste compacts in 1987 in establishing new low-level waste disposal facilities. It also reports the volume of low-level waste received for disposal in 1987 by commercially operated low-level waste disposal facilities

Identification of specific requirements for a NASA aerospace law information system and identification of the acquisition requirements for an aerospace law collection for the NASA law library

Science.gov (United States)

Morenoff, J.; Roth, D. L.; Singleton, J. W.

1972-01-01

The study to develop, implement, and maintain a space law library and information system is summarized. The survey plan; major interviews with individuals representative of potential sources, users and producers of information related to aerospace law; and system trade-off analyses are discussed along with the NASA/RECON system capability. The NASA publications of STAR and IAA are described, and the NASA legal micro-thesaurus is included.

State preemption of local smoke-free laws in government work sites, private work sites, and restaurants - United States, 2005-2009.

Science.gov (United States)

2010-02-05

Smoke-free policies (i.e., policies that completely eliminate smoking in indoor workplaces and public places) result in health benefits, including preventing heart attacks. Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws. A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants. These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke. This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure.

Minimum Wage Laws: Who Benefits, Who Loses? Series on Public Issues No. 2.

Science.gov (United States)

Hobson, Margaret Jane; Maurice, S. Charles

It is the thesis of this booklet, one of a series intended to apply economic principles to major social and political issues of the day, that minimum wage laws actually hurt those whom such laws are designed to help. From this point of departure, separate subsections examine economic implications of minimum wage laws, including discussion of what…

Infectious disease-related laws: prevention and control measures

Directory of Open Access Journals (Sweden)

Mijeong Park

2017-07-01

Full Text Available OBJECTIVES This study examines recently revised Korean government legislation addressing global infectious disease control for public health emergency situations, with the aim of proposing more rational, effective and realistic interpretations and applications for improvement of law. METHODS The Korea reported its first laboratory-confirmed case of Middle East Respiratory Syndrome (MERS coronavirus on May 20, 2015. Since the first indexed case, Korean public health authorities enforced many public health measures that were not authorized in the law; the scope of the current law was too limited to cover MERS. Korea has three levels of government: the central government, special self-governing provinces, and si/gun/gu. Unfortunately, the Infectious Disease Control and Prevention Act does not designate the specific roles of each level of government, and does not state how these governmental branches should be vertically integrated in a state of emergency. RESULTS When thinking about these policy questions, we should be especially concerned about introducing a new act that deals with all matters relevant to emerging infectious diseases. The aim would be to develop a structure that specifies the roles of each level of government, and facilitates the close collaboration among them, then enacting this in law for the prevention and response of infectious disease. CONCLUSIONS To address this problem, after analyzing the national healthcare infrastructure along with the characteristics of emerging infectious diseases, we propose the revision of the relevant law(s in terms of governance aspects, emergency medical countermeasure aspects, and the human rights aspect.

Using Benford’s Law to detect data error and fraud: An examination of companies listed on the Johannesburg Stock Exchange

Directory of Open Access Journals (Sweden)

A Saville

2014-06-01

Full Text Available Accounting numbers generally obey a mathematical law called Benford’s Law, and this outcome is so unexpected that manipulators of information generally fail to observe the law. Armed with this knowledge, it becomes possible to detect the occurrence of accounting data that are presented fraudulently. However, the law also allows for the possibility of detecting instances where data are presented containing errors. Given this backdrop, this paper uses data drawn from companies listed on the Johannesburg Stock Exchange to test the hypothesis that Benford’s Law can be used to identify false or fraudulent reporting of accounting data. The results support the argument that Benford’s Law can be used effectively to detect accounting error and fraud. Accordingly, the findings are of particular relevance to auditors, shareholders, financial analysts, investment managers, private investors and other users of publicly reported accounting data, such as the revenue services

Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

Science.gov (United States)

Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

2014-11-19

Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

Evaluation of poultry processing practices, related public health laws ...

African Journals Online (AJOL)

ADEYEYE

2015-02-16

Feb 16, 2015 ... the Meat Law (1968), Food and Drug Act (1974) and Animal Diseases (Control) ... production and processing are coordinated for the benefits and health of the ..... Pp 191-210. ... Ouedraogo JB, Maikano I, Mbah PO, Kremer.

Supervision in compliance with nuclear law

International Nuclear Information System (INIS)

Anon.

1989-01-01

Disputes about the exercise of supervision by the state in the course of erection and operation of a nuclear power station are to be dealt with in the first instance by a higher administrative court (Art. 2, Sec. 9, sub-sec (1) No. 1 EntlG). If the state - as provided for in Sec. 7, sub-sec. (1) Atomic Energy Act - in fulfilment of its obligation under the Basic Law, to protect the life, health and property of the citizens, demands a specific licensing procedure to be applied for certain hazardous activities, any citizen whose rights are endangered by such activity hence has the right under public law, on the basis of the procedural provisions to be interpreted in the light of the Basic Law, to claim vis-a-vis all public authorities that the procedure provided for is observed, so as to ensure that infringement of the citizen's rights thus protected cannot be done, or connived, without the license required by the state. (orig.) [de

Sewerage system (cloaca in Roman law

Directory of Open Access Journals (Sweden)

Aličić Samir

2012-01-01

Full Text Available Sewerage system (cloaca, which implies any cavity through which waste water flows, has in Roman law a special legal protection due to its importance for public health preservation and safety of citizens. In Praetorian Edict, two interdicts are envisaged; one prohibitory, by which private sewerage system is protected and one restitutory, by which public sewerage system is protected. It is possible that a restitutory interdict about private sewerage system existed. By the public sewerage interdict, a person who blocks or damages public sewerage is ordered to restore everything to previous state. By the private sewerage interdict, anyone is forbidden to obstruct a person who wants to repair sewerage that leads from his building through neighboring buildings. By lawyers' interpretations, the application of this interdict is expanded to all realty, as well as a situation of building a new sewerage system. Moreover, it is envisaged by Praetorian edict that against a person who builds or repairs sewerage neither interdict uti possidetis can be filed. Similarly, by lawyers' interpretations, application of operis novi nuntiatio is prevented against a person who repairs or cleans sewerage system if interruption of work could cause danger. Law developed in the direction that enabled unobstructed maintenance and building of sewerage system through neighboring realty, especially if danger of effusion existed. The only limitations were comprised in the obligation of compensation of damages to third parties, and in certain obligations of public law character: obligation to obtain consent of magistrate when building a new sewerage and duty to pay sewerage tax (cloacarium.

Linking Public Administration and Law Studies within European Union

Directory of Open Access Journals (Sweden)

Mihaela V. Cărăuşan

2012-05-01

Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

Power-law versus log-law in wall-bounded turbulence: A large-eddy simulation perspective

Science.gov (United States)

Cheng, W.; Samtaney, R.

2014-01-01

The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo ["Zero-pressure-gradient turbulent boundary layer," Appl. Mech. Rev. 50, 689 (1997)]). Comparison of LES results for Reθ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.

Power-law versus log-law in wall-bounded turbulence: A large-eddy simulation perspective

KAUST Repository

Cheng, W.

2014-01-29

The debate whether the mean streamwise velocity in wall-bounded turbulent flows obeys a log-law or a power-law scaling originated over two decades ago, and continues to ferment in recent years. As experiments and direct numerical simulation can not provide sufficient clues, in this study we present an insight into this debate from a large-eddy simulation (LES) viewpoint. The LES organically combines state-of-the-art models (the stretched-vortex model and inflow rescaling method) with a virtual-wall model derived under different scaling law assumptions (the log-law or the power-law by George and Castillo [“Zero-pressure-gradient turbulent boundary layer,” Appl. Mech. Rev.50, 689 (1997)]). Comparison of LES results for Re θ ranging from 105 to 1011 for zero-pressure-gradient turbulent boundary layer flows are carried out for the mean streamwise velocity, its gradient and its scaled gradient. Our results provide strong evidence that for both sets of modeling assumption (log law or power law), the turbulence gravitates naturally towards the log-law scaling at extremely large Reynolds numbers.

The law of elasticity

Directory of Open Access Journals (Sweden)

Sergio Cesare Masin

2010-01-01

Full Text Available Participants estimated the imagined elongation of a spring while they were imagining that a load was stretching the spring. This elongation turned out to be a multiplicative function of spring length and load weight-a cognitive law analogous to Hooke¿s law of elasticity. Participants also estimated the total imagined elongation of springs joined either in series or in parallel. This total elongation was longer for serial than for parallel springs, and increased proportionally to the number of serial springs and inversely proportionally to the number of parallel springs. The results suggest that participants integrated load weight with imagined elasticity rather than with spring length.

49 CFR 1542.215 - Law enforcement support.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement support. 1542.215 Section 1542.215..., DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.215 Law... program under § 1542.103(a) or (b) must provide: (1) Law enforcement personnel in the number and manner...

The operation of nuclear power plants in the conflict between administrative law and criminal law

International Nuclear Information System (INIS)

Stubbe, C.

1989-01-01

The conflicting interests of administrative law and criminal law give rise to a number of burdensome conditions to be met by the operators of nuclear plants. Of course, it is one of the peculiarities of criminal law that nobody can decide for himself whether he wants to become involved in it. There is probably no other choice than meeting, with a good blend of composure and cleverness, the criteria now surrounding the operation of a nuclear facility. (orig.) [de

Handbook on Nuclear Law: Implementing Legislation (Spanish Edition)

International Nuclear Information System (INIS)

Stoiber, C.; Cherf, A.; Tonhauser, W.; Vez Carmona, Maria de Lourdes

2012-01-01

In 2003, the IAEA published the Handbook on Nuclear Law (the 2003 Handbook), which emphasized that the safe and peaceful uses of nuclear energy in any State can only be ensured with the promulgation and implementation of an effective national legal framework to govern this technology. The IAEA has long been involved in providing assistance to its Member States in developing these frameworks, and demand for such assistance has increased dramatically. Since publication of the 2003 Handbook, requests for IAEA legislative assistance have - if anything - been even more numerous, in large part due to the fact that over sixty Member States that currently do not utilize nuclear energy for the production of electrical power have recently expressed interest in pursuing this option. The current nuclear laws in many of these States are limited to non-power uses of ionizing radiation, such as those utilizing radiation sources for medical, agricultural and industrial purposes. If these States move toward nuclear power development, they will need to adopt legislation consistent with the various relevant international legal instruments covering the field (such as the Convention on Nuclear Safety and the Convention on the Physical Protection of Nuclear Material, among others) and with relevant voluntary guidance documents developed under the aegis of the IAEA. The 2003 Handbook has already made an important contribution to enhancing national capabilities to develop the necessary legal frameworks by setting out the general scheme of nuclear law. However, a number of important developments in nuclear law have occurred since its publication. These developments are discussed in the present volume. Also, over the past six years, representatives of many Member States receiving IAEA legislative assistance have suggested that it would be valuable to develop model texts of legislative provisions covering the key elements needed in a national nuclear law. The present volume provides such

Communal energy law. An outline. 2. ed.; Kommunales Energierecht. Darstellung

Energy Technology Data Exchange (ETDEWEB)

Henneke, Hans-Guenter; Ritgen, Klaus

2013-08-01

Ensuring a reliable, reasonably priced, environmentally friendly energy supply area-wide belongs to the most important public services that cities, administrative districts and municipalities are required to provide. In preparation of its second edition the present publication was thoroughly revised to do justice to the numerous legislative changes attending the energy turnaround. It presents the wide array of legal instruments at the disposal of municipalities for fulfilling their important duties in matters relating to the energy supply. It discusses the requirements of communal economic law as well as the constitutional and energy economy related framework conditions governing the energy supply. The concession contract, one of the most important instruments in the area of energy supply, has been given a chapter of its own. In regard to another of its focal topics the publication explains how municipal planning autonomy, especially in the area of land use planning, can help municipalities implement energy policies according to their own ideas. The publication concludes with a discussion of topics concerning municipalities as energy consumers, namely energy-related environmental law, the requirements of the Renewable Energy Heat Law and laws on energy saving.