Federal School Law and Social Work Practice

Science.gov (United States)

Palley, Elizabeth

2008-01-01

Federal laws address some of the factors that have been associated with school failure, specifically poverty and disability. The primary federally funded legislation that addresses the needs of at-risk youths in public are the Individuals with Disabilities Education Act 2004 and No Child Left Behind (2002). This article reviews the intended…

The Legal Status of the Federal Copyright Law. Final Report.

Science.gov (United States)

Forsythe, Ralph A.; Nolte, M. Chester

The historical and legal background of the Federal Copyright Law with special implications for education was studied within five general areas of concern. The areas included: (1) historical development, (2) copyright revision issues, (3) principles of copyright law embodied in state and Federal statutes, (4) decisions of the courts pertaining to…

Federal Administrative Court on priorities between water law and nuclear law procedures

International Nuclear Information System (INIS)

Anon.

1980-01-01

With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

Science.gov (United States)

2010-01-01

... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...

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...

20 CFR 640.2 - Federal law requirements.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Federal law requirements. 640.2 Section 640.2 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR STANDARD FOR BENEFIT PAYMENT... methods of administration * * * as are found by the Secretary of Labor to be reasonably calculated to...

Designing and Teaching an Introduction to Federal Indian Law

Science.gov (United States)

Morris, Wynema

2015-01-01

Recently, the question has arisen as to whether or not federal Indian law should be taught at tribal colleges and universities (TCUs). To answer this three questions must be asked: (1) Why should such a subject be taught and who would teach it; (2) Which department should be responsible for Indian law courses; and (3) Should they be offered…

45 CFR 260.35 - What other Federal laws apply to TANF?

Science.gov (United States)

2010-10-01

... regulatory and enforcement authority at section 417 of the Act does not limit the effect of other Federal... Safety and Health Act (OSHA) and unemployment insurance (UI)) and nondiscrimination laws. These laws...

50 CFR 20.71 - Violation of Federal law.

Science.gov (United States)

2010-10-01

... export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.71 Violation of...

29 CFR 570.25 - Effect on laws other than the Federal child labor standards.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Effect on laws other than the Federal child labor standards. 570.25 Section 570.25 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION... of Age Provisions of Other Laws § 570.25 Effect on laws other than the Federal child labor standards...

Questions concerning constitutional law - Lander administration on behalf of the Federal Government

International Nuclear Information System (INIS)

Ossenbuehl, F.

1991-01-01

The lecture gives a basic perspective of a reform of the Laender administration on behalf of the Federal Government and first covers its nature, purpose and structure with respect to the atomic energy administration after the latest decisions of the Federal Constitutional Court. There follows a section on the constitutional and administrative reality of the Laender administration on behalf of the Federal Government as applied to atomic energy law, in which three conflict cases are pointed out. The last section gives an appraisal from the points of view of loyalty in execution, instruments of control (general administrative regulations - single directives - general directives), scope of the Laender administration on behalf of the Federal Government. It is determined whether the situations envisaged by the norms coincide with reality, where there are deficits and how they can be ameliorated by reform. As the Laender administration on behalf of the Federal Government is shaped on constitutional law it is only periphally accessible to an amendment of atomic energy law through normal legislation. (HSCH) [de

Federal laws needed for food irradiation

International Nuclear Information System (INIS)

Benson, D.

1987-01-01

The proposed use of irradiation in food processing is drawing considerable attention to the Australian irradiation industry that has operated safely for almost 30 years. A recent inquiry by the Australian Consumers Association concluded that food irradiation should only be allowed if strong federal laws are implemented to ensure the safety of consumers and environment. At present, Australian irradiation plants are confined to sterilising or reducing health risks associated with products not for human consumption

Constitutional relevance of atomic energy law

International Nuclear Information System (INIS)

Lettow, S.

1980-01-01

In a decision publicized on December 20, 1979 the German Federal Constitutional Court rejected a claim of unconstitutionality in connection with the licensing procedure of the Muelheim-Kaerlich Nuclear Power Station currently under construction. This constitutes confirmation, by the 1st Department of the Court, of a decision in 1978 by the 2nd Department about the Kalkar fast breeder power plant, in which the peaceful utilization of nuclear energy had been found to be constitutional. However, the new decision by the Federal Constitutional Court particularly emphasizes the constitutional relevance of the rules of procedure under the Atomic Energy Act and their function with respect to the protection of civil rights. (orig.) [de

Bradford's Law and Its Relevance to Researchers

Science.gov (United States)

Shenton, Andrew K.; Hay-Gibson, Naomi V.

2009-01-01

Bradford's Law has been the subject of much discussion and analysis in library and information science since its formulation in the 1930s and remains frequently debated to this day. It has been applied to various practices within the discipline, especially with regard to collection development, but its relevance to researchers and the potential it…

Radiation protection laws, competences and organizational structures in the Federal Republic of Germany

International Nuclear Information System (INIS)

Peinsipp, N.

1990-01-01

This paper points out the priorities and peculiarities of German radiation protection laws. With the coming into force of the unification agreement, the Atomic Energy Act, the Radiation Protection Ordinance, and the X-Ray Ordinance became valid in the five new Federal States and Berlin, with slight deviations and amendments. Radiation protection law is Federal law adapted to EC law, with several variations, such as the minimization rule in section 28, para 1, Radiation Protection Ordinance, compared to the ALARA principle, or lower partial body dose limits. The paper discusses licensing and protective regulations; the terms' officer responsible for radiation protection' and 'officer in charge of radiation protection'; radiation pass; physical radiation monitoring, and medical follow-up checks as well as governmental control functions and competences; executive functions of the Federal Government; import and export; Bundesamt fuer Strahlenschutz; transportation of radioactive materials; radioactive waste management. The annex comprises several tables to illustrate the aforesaid. (HSCH) [de

31 CFR Appendix K to Subpart C of... - Federal Law Enforcement Training Center

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Federal Law Enforcement Training Center K Appendix K to Subpart C of Part 1 Money and Finance: Treasury Office of the Secretary of the Treasury DISCLOSURE OF RECORDS Privacy Act Pt. 1, Subpt. C, App. K Appendix K to Subpart C of Part 1—Federal Law Enforcement Training Center 1. In...

31 CFR Appendix K to Subpart A of... - Federal Law Enforcement Training Center

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Federal Law Enforcement Training Center K Appendix K to Subpart A of Part 1 Money and Finance: Treasury Office of the Secretary of the Treasury DISCLOSURE OF RECORDS Freedom of Information Act Pt. 1, Subpt. A, App. K Appendix K to Subpart A of Part 1—Federal Law Enforcement Training...

I saw the sign: the new federal menu-labeling law and lessons from local experience.

Science.gov (United States)

Banker, Michelle I

2010-01-01

Following the lead of several state and local governments, Congress recently imposed menu-labeling requirements on chain restaurants as part of the federal health care reform bill signed into law in March 2010. Section 4205 of the Patient Protection and Affordable Care Act requires restaurant chains with 20 or more locations nationwide to display calorie information for standard menu items on menus, menu boards, and drive-thru displays. This paper examines the new federal law in light of existing state and local regulations and considers the arguments for and against mandatory calorie labeling at restaurants as a federal tool for preventing obesity. Specifically, this paper examines the provisions of the new federal law, highlights how it differs from the municipal and state menu-labeling laws already in effect, reviews early studies of the effectiveness of these state and local laws, and considers the propriety of requiring restaurants to disclose calorie information on menus by discussing arguments for and against menu labeling generally and calorie labeling in particular. This paper finds that based on initial studies of state and local menu-labeling regulations, the efficacy of compulsory menu labeling as a tool to combat obesity remains uncertain. Finally, this paper raises practical considerations associated with the new federal law, including implementation issues, potential collateral effects of the law, a survey of legal challenges that may arise, and a discussion of the Food and Drug Administration's competence to enforce a menu-labeling requirement against restaurants.

Mexico's Federal Education Law of 1973; Its Implications for Nonformal Education.

Science.gov (United States)

Dobson-Ingram, John R. A.

An evolutionary step in Mexico's nonformal educational development, the Federal Education Law of 1973 was ratified by the President in December 1973. This law covers the purpose of education in Mexico, the national system of education, distribution of responsibilities for education, programs of study, rights and obligations of institutions,…

Swiss Federal Law on the Genetic Testing of Humans

OpenAIRE

森, 芳周

2009-01-01

To add an article against the misuse of a reproductive technology and a genetic engineering, theSwiss Federal Constitution was revised in 1992 through an initiative in 1987. On the basis of thisarticle of the constitution, the Reproductive Medicine Act and the Stem Cell Research Act wereenacted in turns; then, the Federal Law on the Genetic Testing of Humans was enacted in October2004. This paper treats a process of the revision of the constitution in 1992 and the enactment of thelaw in 2004....

California's privacy pileup. New state laws meet even newer federal regulations.

Science.gov (United States)

Dimick, Chris

2009-08-01

In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

Federal Information Security and Data Breach Notification Laws

Science.gov (United States)

2009-01-29

The following report describes information security and data breach notification requirements included in the Privacy Act, the Federal Information...information for unauthorized purposes. Data breach notification laws typically require covered entities to implement a breach notification policy, and...Feinstein), S. 495 (Leahy), and S. 1178 (Inouye)--were reported favorably out of Senate committees. Those bills include information security and data

42 CFR 9.13 - Other federal laws, regulations, and statutes that apply to the sanctuary.

Science.gov (United States)

2010-10-01

... 42 Public Health 1 2010-10-01 2010-10-01 false Other federal laws, regulations, and statutes that apply to the sanctuary. 9.13 Section 9.13 Public Health PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND... SANCTUARY SYSTEM § 9.13 Other federal laws, regulations, and statutes that apply to the sanctuary. (a...

Renewable Energy Prices in State-Level Feed-in Tariffs: Federal Law Constraints and Possible Solutions

Energy Technology Data Exchange (ETDEWEB)

Hempling, S.; Elefant, C.; Cory, K.; Porter, K.

2010-01-01

State legislatures and state utility commissions trying to attract renewable energy projects are considering feed-in tariffs, which obligate retail utilities to purchase electricity from renewable producers under standard arrangements specifying prices, terms, and conditions. The use of feed-in tariffs simplifies the purchase process, provides revenue certainty to generators, and reduces the cost of financing generating projects. However, some argue that federal law--including the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act of 1935 (FPA)--constrain state-level feed-in tariffs. This report seeks to reduce the legal uncertainties for states contemplating feed-in tariffs by explaining the constraints imposed by federal statutes. It describes the federal constraints, identifies transaction categories that are free of those constraints, and offers ways for state and federal policymakers to interpret or modify existing law to remove or reduce these constraints. This report proposes ways to revise these federal statutes. It creates a broad working definition of a state-level feed-in tariff. Given this definition, this report concludes there are paths to non-preempted, state-level feed-in tariffs under current federal law.

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.

Relevance of Donation to Special Federal Tertiary Institution ...

African Journals Online (AJOL)

While structured and open-ended interview and relevant documents, including gift and donation files, acquisition records and library accession registers were used to collect data for the study. The population of the study consisted of the Special Federal Tertiary Institution Libraries under study while the subjects of the study ...

Snippet-based relevance predictions for federated web search

NARCIS (Netherlands)

Demeester, Thomas; Nguyen, Dong-Phuong; Trieschnigg, Rudolf Berend; Develder, Chris; Hiemstra, Djoerd

How well can the relevance of a page be predicted, purely based on snippets? This would be highly useful in a Federated Web Search setting where caching large amounts of result snippets is more feasible than caching entire pages. The experiments reported in this paper make use of result snippets and

The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law; Das Recht der Umweltvertraeglichkeitspruefung. Bd. 1. Vorschriftensammlung mit Einfuehrung in das UVP-Recht

Energy Technology Data Exchange (ETDEWEB)

Peters, H.J.

1995-12-31

The present book contains all regulations relevant to EIA in compact form: The EU EIA Directive; the Federal Law on the EIA; the Procedural Rules of Atomic Energy Law; the Ninth Ordinance on the Federal Emissions Control Law including the pertinent general administrative regulation; the Federal Mining Law; the Federal Building Law; the Federal Regional Planning Law; and the EIA laws of the Laender such as implementing regulations, the Land EIA Laws, and the Land Planning Laws. There is a basic introduction to EIA law preceding this collection of regulations and laws. (orig./HP) [Deutsch] Das Buch bietet alle UVP-Vorschriften in kompakter Form, die UVPRL der EU, das UVPG, die Atomrechtliche Verfahrensverordnung (AtVfV) und die 9. BImSchV einschliesslich der entsprechenden Allgemeinen Verwaltungsvorschrift sowie das BBergG, das BauGB, das ROG bis hin zum UVP-Recht der Laender wie DurchfuehrungsVO, LUVPG und Landesplanungsgesetzen. Vorangestellt ist diesen Vorschriften eine grundlegende Einfuehrung in das Recht des UVP. (orig./HP)

20 CFR 650.3 - Secretary's interpretation of Federal law requirements.

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Secretary's interpretation of Federal law requirements. 650.3 Section 650.3 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF... administratively feasible, and (2) Such methods of administration of the appeals process as will reasonably assure...

Law in the laboratory a guide to the ethics of federally funded science research

CERN Document Server

Charrow, Robert P

2010-01-01

The National Institutes of Health and the National Science Foundation together fund more than $40 billon of research annually in the United States and around the globe. These large public expenditures come with strings, including a complex set of laws and guidelines that regulate how scientists may use NIH and NSF funds, how federally funded research may be conducted, and who may have access to or own the product of the research. Until now, researchers have had little instruction on the nature of these laws and how they work. But now, with Robert P. Charrow’s Law in the Laboratory, they have a readable and entertaining introduction to the major ethical and legal considerations pertaining to research under the aegis of federal science funding. For any academic whose position is grant funded, or for any faculty involved in securing grants, this book will be an essential reference manual. And for those who want to learn how federal legislation and regulations affect laboratory research, Charrow’s primer wil...

20 CFR 603.4 - What is the confidentiality requirement of Federal UC law?

Science.gov (United States)

2010-04-01

... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false What is the confidentiality requirement of Federal UC law? 603.4 Section 603.4 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT....C. 502(a)), State law must include provision for such methods of administration as are found by the...

Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

Directory of Open Access Journals (Sweden)

Jillian P. Fry

2014-11-01

Full Text Available 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.

SOCIAL CONDITIONALITY OF INFORMATION SECURITY PROTECTION BY CRIMINAL LAW IN THE RUSSIAN FEDERATION

OpenAIRE

EFREMOVA MARINA ALEKSANDROVNA

2016-01-01

Information security is one of the components of the national security in the Russian Federation. The role of the information component in the national security has become significantly more important. The criminal law needs to be updated in order to enhance its effectiveness with regard to criminal law protection of information security.

12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

[The Federal Law "On the fundamentals of health protection of citizen in the Russian Federation" and the issues of management of medical care quality].

Science.gov (United States)

Lindenbraten, A P

2012-01-01

The article deals with the analysis of main statutory provisions of the Federal Law of the Russian Federation No 323-FZ of 21.11.2011 "On the fundamentals of health protection of citizen in the Russian Federation", concerning the issue of medical care quality.

Federal Laws Relating to Cybersecurity: Overview and Discussion of Proposed Revisions

Science.gov (United States)

2013-06-20

Computer Fraud and Abuse Act of 1984”) a racketeering predicate offense. Federal Advisory Committee Act (FACA) P.L. 93-579, 86 Stat 770. 5 U.S.C. App ...the Department of Energy High-End Computing Revitalization Act of 2004. Federal Laws Relating to Cybersecurity: Overview and Discussion of Proposed...Stat. U.S.C. Applicability and Notes CRS Reports 9/8/1950 Defense Production Act of 1950 Ch. 932 64 Stat. 798 50 U.S.C. App . §2061 et seq

[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.

UV protection law: legal possibilities to prevent skin cancer

International Nuclear Information System (INIS)

Riemer, M.

2007-01-01

The author describes the actual status of law in controlling Solar Studios in Germany for limiting the risk, discusses the relevant competence of legislation of the Federal government and the federal countries, and calls for an amendment of the Children and Young Persons Act. (orig.)

An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

Medicaid waivers and negotiated federalism in the US: is there relevance to other federal systems?

Science.gov (United States)

Weissert, Carol S; Weissert, William G

2017-01-01

Medicaid waivers have been a principal tool of innovation in health policy in the US since at least the mid 1970s. As Republicans seek to give the states more flexibility in their implementation and management of both Medicaid and the Affordable Care Act or its replacement, waiver authority is likely to be one of the key work arounds for avoiding political barriers in the US Senate. While block-granting Medicaid may require 60 senate votes, waiver authority already exists in both Medicaid law and the Affordable Care Act. Waivers also have great potential for application in other federal nations. Yet there is no theory to explain the way the application and review process evolves or the factors likely to shape the outcome. After a discussion of the theoretical underpinnings of what we call 'negotiated federalism', we apply it to examples of Medicaid waivers to see if the theory's key elements - politics, party congruence, leverage, credit taking and experience - offer a useful perspective on this federal-state interaction so important to health policy.

31 CFR 354.2 - Law governing rights and obligations of Federal Reserve Banks, and Sallie Mae; rights of any...

Science.gov (United States)

2010-07-01

... on the books of a Federal Reserve Bank pursuant to § 354.4(c)(1), is governed by the law (not... recorded on the books of a Federal Reserve Bank pursuant to § 354.14(c)(1), is governed by the law... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Law governing rights and obligations...

A Comparison of Federal Laws toward Disabled and Racial/Ethnic Groups in the USA.

Science.gov (United States)

Barnartt, Sharon N.; Seelman, Katherine

1988-01-01

The paper compares federal legislation for disabled people with that for racial and ethnic groups in the United States. The ways existing laws handle employment discrimination, integration in education, access, and equal protection under the law are considered. Clear differences for each group in the types of discrimination permitted are…

24 CFR 50.20 - Categorical exclusions subject to the Federal laws and authorities cited in § 50.4.

Science.gov (United States)

2010-04-01

... the Federal laws and authorities cited in § 50.4. 50.20 Section 50.20 Housing and Urban Development... the Federal laws and authorities cited in § 50.4. (a) The following actions, activities and programs... individual compliance requirements of other environmental statutes, Executive orders and HUD standards cited...

Federal wetlands law: the cases and the problems

Energy Technology Data Exchange (ETDEWEB)

Want, W.L.

1984-01-01

Like environmental statutes generally, wetlands laws have engendered much litigation, accompanied by the judicial establishment of general legal doctrine. The Supreme Court has ruled on questions of taking and private rights of action. Lower courts have decided issues of strict liability, estoppel, ripeness, injunction requirements, and hearing rights. This article surveys federal wetlands cases, presenting the issues litigated and the principles established. The author concludes with the hope that the administration's and environmentalists' disagreement on whether wetlands regulation is excessive will not end in a sacrifice of this important resource. 487 references.

The Accidental Federal Agency: On the Dismantle of Constitutional Dispositions Concerning Brazilian Higher Educational System by Administrative Law and its Effects on the Federal Universities

Directory of Open Access Journals (Sweden)

Davi Monteiro Diniz

2015-12-01

Full Text Available The  Brazilian  Federal  Constitution  of  1988  establishes  the  autonomy  of  Brazilian universities. Moreover, it commands that the universities should not disassociate their activities in teaching, research and extension. This paper considers whether the current administrative law allows the Brazilian public federal universities to accomplish these goals. Departing from the legal approach of these federal universities as executive (administrative agencies, this paper analyzes the main effects of such legal status on the capacity of federal universities  to  fulfill  their  academic  mission,  revealing  a  persistent  gap  between  the constitutional  prescriptions  and  the  administrative  law  concerning  Brazilian  federal universities. It concludes that such legislative discrepancy is clearly detrimental to the constitutional order.

26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

Science.gov (United States)

2010-04-01

... in nowise authorizes the carrying on of any business in violation of a law of the United States or... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Doing business in violation of Federal or State law. 44.4422-1 Section 44.4422-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

Mental Element of Bribery under Nigerian and Us (Federal) Anti-Bribery Laws: an Overview

OpenAIRE

Akeem Olajide BELLO

2014-01-01

Academic reviews have highlighted the problem of lack of clarity with Nigerian antibribery laws. It is important for the criminal law to clearly state the mental element of bribery. This would communicate to citizens, lawyers and judges what is wrong with bribery. It would also provide a yardstick to distinguish between the socio-cultural practice of gift-giving and bribery. This article analyses the mental element of bribery in Nigeria and federal anti-bribery laws in United Stat...

Applicable or Relevant and Appropriate Requirements (ARARs) for Remedial Action at the Oak Ridge Reservation: A compendium of major environmental laws

International Nuclear Information System (INIS)

Etnier, E.L.; McDonald, E.P.; Houlberg, L.M.

1993-07-01

Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARS) or standards under federal and state environmental laws. The US Department of Energy (DOE) Oak Ridge Reservation (ORR) was placed on the National Priorities List by the US Environmental Protection Agency (EPA) on November 21, 1989, effective December 21, 1989. As a result of this listing, DOE, EPA, and the Tennessee Department of Environment and Conservation have signed a Federal Facility Agreement (FFA) for the environmental restoration of the ORR. Section XXI(F) of the FFA calls for the preparation of a draft listing of all ARARs as mandated by CERCLA section 121. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at the ORR. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Tennessee are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, the Safe Drinking Water Act, the Clean Water Act, the Clean Air and other acts, as they apply to hazardous waste cleanup, are discussed. In the absence of ARARS, CERCLA section 121 provides for the use of nonpromulgated federal criteria, guidelines, and advisories in evaluating the human risk associated with remedial action alternatives. Such nonpromulgated standards are classified as ''to-be-considered'' (TBC) guidance. A ion of available guidance is given; summary tables fist the available federal standards and guidance information. In addition, the substantive contents of the DOE orders as they apply to remediation of radioactively contaminated sites are discussed as TBC guidance

41 CFR 101-6.217 - Laws authorizing Federal financial assistance for programs to which this subpart applies.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 2 2010-07-01 2010-07-01 true Laws authorizing Federal... Contracts and Property Management Federal Property Management Regulations System FEDERAL PROPERTY MANAGEMENT..., preserving and compiling, and publishing of documentary sources significant to the history of the United...

Relevance of collagen piezoelectricity to "Wolff's Law": a critical review.

Science.gov (United States)

Ahn, Andrew C; Grodzinsky, Alan J

2009-09-01

According to "Wolff's Law", bone is deposited and reinforced at areas of greatest stress. From a clinical perspective, this "law" is supported by the strong association between bone density and physical activity. From a mechanistic standpoint, however, the law presents a challenge to scientists seeking to understand how osteocytes and osteoblasts sense the mechanical load. In the 1960s, collagen piezoelectricity was invoked as a potential mechanism by which osteocytes could detect areas of greater stress but piezoelectricity diminished in importance as more compelling mechanisms, such as streaming potential, were identified. In addition, accumulating evidence for the role of fluid-related shear stress in osteocyte's mechanosensory function has made piezoelectricity seemingly more obsolete in bone physiology. This review critically evaluates the role of collagen piezoelectricity (if any) in Wolff's Law--specifically, the evidence regarding its involvement in strain-generated potentials, existing alternate mechanisms, the present understanding of bone mechanosensation, and whether piezoelectricity serves an influential role within the context of this newly proposed mechanism. In addition to reviewing the literature, this review generates several hypotheses and proposes future research to fully address the relevance of piezoelectricity in bone physiology.

Early experience with 'new federalism' in health insurance regulation.

Science.gov (United States)

Pollitz, K; Tapay, N; Hadley, E; Specht, J

2000-01-01

The authors monitored the implementation of the Health Insurance Portability and Accountability Act (HIPAA) from 1997 to 1999. Regulators in all states and relevant federal agencies were interviewed and applicable laws and regulations studied. The authors found that HIPAA changed legal protections for consumers' health coverage in several ways. They examine how the process of regulating such coverage was affected at the state and federal levels and under an emerging partnership of the two. Despite some early implementation challenges, HIPAA's successes have been significant, although limited by the law's incremental nature.

Gender Equity and the Law.

Science.gov (United States)

Rosenberg, Judith H.

These instructional materials focus on federal laws and executive orders that prohibit sex discrimination in employment and education. The materials consist of the following: (1) a list of some of the legislation covered; (2) a list of relevant materials and resources; (3) a list of 14 instructional activities, each described by one or a few…

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.

Information Sources on U. S. Radio Regulations in the Law Library.

Science.gov (United States)

Lockwood, James D.

An annotated bibliography gives the radio regulations in the U.S., using sources available in the University of Michigan Law Library as well as the University of Michigan Libraries. Information is applicable to other law, university and public libraries. Relevant material on television regulations is included. Listings cover federal agencies, card…

Criminal Law in Nigeria in the Last 53 Years: Trends and Prospects for the Future

Directory of Open Access Journals (Sweden)

Akeem Olajide Bello

2013-03-01

Full Text Available Objectives: The article is an overview of developments in substantive criminal law in Nigeria in the last 53 years. It examines the sharing of constitutional legislative powers to enact criminal laws between the federal (national government and the state (local governments. The examination of federal laws revealed proactive legislative activity responding to emerging local and international criminal law issues. The main development at the state level is the introduction by States in Northern Nigeria of Sharia Penal Codes and the enactment of the Criminal Law of Lagos State 2011. A common trend is the entrenchment of death penalty as punishment for some crimes. Implications: While federal criminal laws have responded to emerging realties, state criminal laws have generally failed to respond to emerging issues at the state level. Consequently, in most of the southern states criminal laws introduced in 1916 have continued to apply. Value: The paper demonstrates the need for southern States to reform their criminal laws to respond to emerging realties, the federal government to respond to some outstanding criminal law issues and calls for a suspension of death penalty and a revaluation of its continued relevance.

Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Paducah Gaseous Diffusion Plant: A compendium of environmental laws and guidance

International Nuclear Information System (INIS)

Etnier, E.L.; Eaton, L.A.

1992-03-01

Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances found at sites placed on the National Priorities List (NPL) by the US Environmental Protection Agency (EPA) must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. To date, the US Department of Energy (DOE) Paducah Gaseous Diffusion Plant (PGDP) has not been on the NPL. Although DOE and EPA have entered into an Administrative Consent Order (ACO), the prime regulatory authority for cleanup at PGDP will be the Resource Conservation and Recovery Act (RCRA). This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PGDP in the event that the plant becomes included on the NPL or the ACO is modified to include CERCLA cleanup. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Kentucky are listed in tables. In addition, the major provisions of RCRA, the Safe Drinking Water Act, the Clean Water Act, the Clean Air Act, and other acts, as they apply to hazardous and radioactive waste cleanup, are discussed

Nuclear Law Bulletin No. 94, Volume 2014/2

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 subscribers with 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 'Facilitating the entry into force and implementation of the Amendment to the Convention on the Physical Protection of Nuclear Material: Observations, challenges and benefits'; 'The legal status of nuclear power in Germany'; 'Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime'; 'Draft Federal Act of the Russian Federation, 'The Civil Liability for Nuclear Damage and its Financial Security''. (authors)

[The legislation of subjects of the Russian Federation concerning prevention of alcoholism, drug addiction and toxicomania].

Science.gov (United States)

2011-01-01

The article deals with analysis of the laws "On prevention of alcoholism, drug addiction and toxicomania" introduced in some subjects of the Russian Federation (Permskaya, Tomskaya, Murmanskaya oblast, the Republics of Bashkortostan, Mordovia, Buryatia, Mari El, etc.). The laws stipulate the participation of the authorities of public and municipal administration, public health, social protection, home affairs and others in the prevention activities. The integral part of this activity is the approval of corresponding regional programs with adequate financing and coordination. The laws on prevention of alcoholism, drug addiction and toxicomania, adopted in the subjects of the Russian Federation are of advance character and testify the necessity of adoption of relevant Federal law.

The climate change law of the federal government. Analyses and proposals to its further development; Das Klimaschutzrecht des Bundes. Analyse und Vorschlaege zu seiner Weiterentwicklung

Energy Technology Data Exchange (ETDEWEB)

Sina, Stephan; Garstetter, Christiane; Bausch, Camilla; Goerlach, Benjamin; Neubauer, Alexander [Ecologic gGmbH Institut fuer Internationale und Europaeische Umweltpolitik, Berlin (Germany); Rodi, Michael [Greifswald Univ. (Germany). Lehrstuhl fuer oeffentliches Recht, Finanz- und Steuerrecht

2011-09-15

The present report provides an analysis of the current German federal climate change law. Due to the crosssectoral character of this law, the study comprises regulations from different sectors and areas of law such as emissions trading, the energy sector and agriculture. Based on this analysis, proposals for the advancement of the German federal law of climate change are developed in five particular areas: a potential outline for a general climate protection act serving as the central legal act for climate change law, further considerations on the structure of climate change law, development proposals related to energy grids, federal requirements for municipal climate protection as well as agricultural land use. (orig.)

The application of private international law in the field of labor relationship complicated by a foreign element in the Russian Federation

Directory of Open Access Journals (Sweden)

Matorina T.A.

2017-02-01

Full Text Available the article analyzes urgent issues of application of international law in the field of labor relations. The inclusion of international law in the Russian legal system has become a necessity because at the present time the most universally recognized norms of international law and international treaties can actually be achieved and implemented solely through the judicial system. The main domestic legal norm permitting courts of the Russian Federation to be guided by the provisions contained in international law is set out in part 4 of article 15 of the Constitution of the Russian Federation.

20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

45 CFR 304.21 - Federal financial participation in the costs of cooperative arrangements with courts and law...

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Federal financial participation in the costs of... § 304.21 Federal financial participation in the costs of cooperative arrangements with courts and law... financial participation (FFP) at the applicable matching rate is available in the costs of cooperative...

Applicable or Relevant and Appropriate Requirements (ARARs) for Remedial Action at the Oak Ridge Reservation: A compendium of major environmental laws. Environmental Restoration Program

Energy Technology Data Exchange (ETDEWEB)

Etnier, E.L.; McDonald, E.P.; Houlberg, L.M.

1993-07-01

Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARS) or standards under federal and state environmental laws. The US Department of Energy (DOE) Oak Ridge Reservation (ORR) was placed on the National Priorities List by the US Environmental Protection Agency (EPA) on November 21, 1989, effective December 21, 1989. As a result of this listing, DOE, EPA, and the Tennessee Department of Environment and Conservation have signed a Federal Facility Agreement (FFA) for the environmental restoration of the ORR. Section XXI(F) of the FFA calls for the preparation of a draft listing of all ARARs as mandated by CERCLA {section}121. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at the ORR. A description of the terms ``applicable`` and ``relevant and appropriate`` is provided, as well as definitions of chemical-, location-, and action-specific ARARS. ARARs promulgated by the federal government and by the state of Tennessee are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, the Safe Drinking Water Act, the Clean Water Act, the Clean Air and other acts, as they apply to hazardous waste cleanup, are discussed. In the absence of ARARS, CERCLA {section}121 provides for the use of nonpromulgated federal criteria, guidelines, and advisories in evaluating the human risk associated with remedial action alternatives. Such nonpromulgated standards are classified as ``to-be-considered`` (TBC) guidance. A ion of available guidance is given; summary tables fist the available federal standards and guidance information. In addition, the substantive contents of the DOE orders as they apply to remediation of radioactively contaminated sites are discussed as TBC guidance.

25 CFR 900.50 - What Federal laws, regulations, and Executive Orders apply to subcontractors?

Science.gov (United States)

2010-04-01

... SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT Standards for Tribal or Tribal Organization Management..., regulations, and Executive Orders apply to subcontracts awarded under self-determination contracts. As a... 25 Indians 2 2010-04-01 2010-04-01 false What Federal laws, regulations, and Executive Orders...

Use of Patient-Authored Prehistory to Improve Patient Experiences and Accommodate Federal Law.

Science.gov (United States)

Warner, Michael J; Simunich, Thomas J; Warner, Margaret K; Dado, Joseph

2017-02-01

Although federal law grants patients the right to view and amend their medical records, few studies have proposed a process for patients to coauthor their subjective history in their medical record. Allowing patients to fully disclose and document their medical history is an important step to improve the diagnostic process. To evaluate patients' office experience before and after they authored their subjective medical history for the electronic health record. Patients were mailed a prehistory form and presurvey to be completed before their family medicine office visit. On arrival to the office, the prehistory form was scanned into the electronic health record while the content was transcribed by hospital staff into the appropriate fields in the history component of the encounter note. Postsurveys were given to patients to be completed after their visit. Pre- and postsurveys measured the patients' perception of office visit quality as well as completeness and accuracy of their electronic health record documentation before and after their appointment. Medical staff surveys were collected weekly to measure the staff's viewpoint of the federal law that allows patients to view and amend their medical records. Of 405 patients who were asked to participate, 263 patients aged 14 to 94 years completed a presurvey and a prehistory form. Of those 263 patients, 134 completed a postsurvey. The pre- and postsurveys showed improved patient satisfaction with the office visit and high scores for documentation accuracy and completeness. Before filling out the prehistory form, 116 of 249 patients (46.6%) agreed or strongly agreed that they felt more empowered in their health care by completing the prehistory form compared with 110 of 131 (84.0%) who agreed or strongly agreed after the visit (Pprehistory form beforehand to improve the patient experience while accommodating federal law.

Applicable or relevant and appropriate requirements (ARARs) for remedial actions at the Portsmouth Gaseous Diffusion Plant: A compendium of environmental laws and guidance

International Nuclear Information System (INIS)

Houlberg, L.M.; Eaton, L.A.; Martin, J.A.; McDonald, E.P.; Etnier, E.L.

1992-02-01

Section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA) specifies that remedial actions for cleanup of hazardous substances must comply with applicable or relevant and appropriate requirements (ARARs) or standards under federal and state environmental laws. Although the US Department of Energy (DOE) Portsmouth Gaseous Diffusion Plant (PORTS) has not at this time been proposed for inclusion on the US Environmental Protection Agency National Priorities List, under Sect. I of an administrative consent order signed by DOE and the US Environmental Protection Agency on September 29, 1989, effective October 4, 1989, any necessary response actions at PORTS stipulated in the administrative consent order must be performed in a manner consistent with the Resource Conservation and Recovery Act of 1976 and CERCLA. Section 121 of CERCLA calls for the preparation of a draft listing of all ARARs. This report supplies a preliminary list of available federal and state ARARs that might be considered for remedial response at PORTS. A description of the terms ''applicable'' and ''relevant and appropriate'' is provided, as well as definitions of chemical-, location-, and action-specific ARARs. ARARs promulgated by the federal government and by the state of Ohio are listed in tables. In addition, the major provisions of the Resource Conservation and Recovery Act, Safe Drinking Water Act, Clean Water Act, and other acts, as they apply to hazardous waste cleanup, are discussed

20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

Science.gov (United States)

2010-04-01

... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

Trends in State and Federal land use law relating to inventories, monitoring and evaluation

Science.gov (United States)

Lamb, C. M.

1974-01-01

A description and analysis of selected State and Federal laws relating to land use inventories, monitoring, and evaluation is presented. Legal requirements and information systems for land use in the following states are reviewed: Colorado, Delaware, Florida, Hawaii, Indiana, Kansas, Maine, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia.

The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

Science.gov (United States)

Ding, Lei; Quercia, Roberto G.; Reid, Carolina K.; White, Alan M.

2012-01-01

State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in…

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

Mental Element of Bribery under Nigerian and Us (Federal Anti-Bribery Laws: an Overview

Directory of Open Access Journals (Sweden)

Akeem Olajide BELLO

2014-08-01

Full Text Available Academic reviews have highlighted the problem of lack of clarity with Nigerian antibribery laws. It is important for the criminal law to clearly state the mental element of bribery. This would communicate to citizens, lawyers and judges what is wrong with bribery. It would also provide a yardstick to distinguish between the socio-cultural practice of gift-giving and bribery. This article analyses the mental element of bribery in Nigeria and federal anti-bribery laws in United States of America. The analysis is undertaken with a view to drawing useful insight to propose reform of Nigerian anti-bribery laws. The article finds that American laws better clarifies the wrongful mental conduct that transforms gift-giving into bribery. Unlike Nigerian statutes that uses the undefined word “corruptly” to capture the mental element of bribery, American statutes while using the word “corruptly” further captures the mental element of bribery in terms of intention to use a bribe to influence official action. The American approach if adopted by the legislature to reform Nigerian anti-bribery laws would provide better guidance to the courts, lawyers and laymen in understanding why the law criminalises bribery. It would also provide a platform to distinguish between gift-giving and bribery.

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.

The impact of Federal rehabilitation laws on the expanding role of employee assistance programs in business and industry.

Science.gov (United States)

Farkas, G M

1989-12-01

Federal statutory and case law protecting the rights of individuals with disabilities has had a major impact in expanding the occupational options for mentally and physically impaired employees. One serendipitous result of these protections has been the expansion of job opportunities for psychologists in business and industry. This article examines important federal laws and regulations pertaining to the employment rights of the handicapped worker and emphasizes the intricacies involved for psychologists who work in the employee assistance field or who consult with management. The expansion of vocational options for psychologists working with business is traced, and future prospects for psychologists in this area are explored.

THE LAW ON EDUCATION OF 2012 AND DEVELOPMENT OF EDUCATIONAL LAW IN RUSSIA

OpenAIRE

KOZYRIN A.N.; TROSHKINA TATYANA

2017-01-01

In September 2013 Russia enacted a new law on education which introduced significant changes into the system of sources for Russian educational law. This article analyses the provisions of the education law that pertain to sources of educational law in the Russian Federation, the relationship between different levels of normative and legal regulation, including: international, national (federal laws and by-laws, legal regulation of relations in education at the regional and municipal levels i...

Federalism and managed care: introductory comments to the American Association of Law Schools' Section on Law, Medicine and Health Care on the role of the states in managed care regulation.

Science.gov (United States)

Blum, J D

1999-01-01

This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.

An Analysis of the Applicability of Federal Law Regarding Hash-Based Searches of Digital Media

Science.gov (United States)

2014-06-01

similarity matching, Fourth Amend- ment, federal law, search and seizure, warrant search, consent search, border search. 15. NUMBER OF PAGES 107 16. PRICE ...containing a white powdery substance labeled flour [53]. 3.3.17 United States v Heckenkamp 482 F.3d 1142 (9th Circuit 2007) People have a reasonable

Requirements on the Wismut rehabilitation project in terms of waste management and planning law

International Nuclear Information System (INIS)

Rengeling, H.W.

2003-01-01

The present paper deals with the question as to what extent the EC Directives, especially the more recent ones, and their transposition into national law entail altered requirements for the rehabilitation and management of radiologically relevant former mining sites. Its main focus is on waste management law. Furthermore, it briefly deals with questions concerning the IVU Directive in conjunction with German Federal Emission Control Law as well as with some issues concerning environmental impact assessments [de

Relevance in print of law of administrative regulations according to paragraph 48 BImSchG in the licensing procedure

International Nuclear Information System (INIS)

Breuer, R.

1978-01-01

The author discusses in great detail the legal problem of administrative regulations according to paragraph 48 of the Bundes-Immissionsschutzgesetz, BImSchG (Federal Act for the prevention of immissions) and their relevance in point of law in licensing procedures. He very carefully and skilfully presents the different opinions stated in the precedents and by the body of doctrine and quite convincingly explains why he rejects the doctrine of allowing the administration some latitude in their judgement, and thus the doctrine of the defensible opinion with regard to the examination by the court of undefined legal terms. According to the auther's view, the administrative regulations should be regarded as anticipated expert opinions because of the way they are drawn up and because of the way the relevant committees setting up the rules are constituted, i.e. they can serve as a basis for judical decisions. In this connection the author points out that in any case it is left to the court's decisions whether a non-formal expert opinion is deemed to be sufficient, or whether the rules of procedure require a formal expert opinion. Furthermore, several ways of enhancing the binding effect of the administrative regulations pursuant to paragraph 48 of the BImSchG by means of legislatory measures are shown. (UN) [de

Federal Holidays

Data.gov (United States)

Office of Personnel Management — Federal law (5 U.S.C. 6103) establishes the following public holidays for Federal employees. Please note that most Federal employees work on a Monday through Friday...

Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

norms of international nuclear law, in particular the relevant provisions of the Vienna Convention, the Brussels Convention on the Liability of Operators of Nuclear Ships of 1962 and the Brussels Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Materials of 1971. In addition, international experience has been analysed, both in the field of civil law and the special legislation on nuclear insurance and for compensation for nuclear damage, in particular: the US Price-Anderson Act (part of the US Atomic Energy Act of 1954), the Swiss Act on Nuclear Third Party Liability of 18 March 1983, the Japanese Law on Compensation for Nuclear Damage (No. 147, 17 June 1961, as amended) and the Canadian Nuclear Liability Act of 1970. The bill establishes the basic principles of civil liability for the operator of a nuclear installation to third parties for nuclear damage, defines a mechanism for its financing and describes special court proceedings for claims for compensation for nuclear damage. It also aims to provide financial guarantees for the protection of the rights and legitimate interests of natural persons and legal entities, as well as the environmental effects of radiation exposure. The elaboration and adoption of such an act in Russia was necessary for a number of reasons, namely: the inability to provide compensation for such damages from the federal budget, the limitation of an operator's own funds to provide for the full recovery of possible harm and the condition of the domestic insurance market, wherein private insurers cannot provide funds in the absence of legislation in this sphere. Although the Civil Code of the Russian Federation provides general rules relating to insurance, it does not contain provisions regarding nuclear damage or nuclear security. Further, while the Federal Act 'Use of Nuclear Energy' contains provisions about nuclear damage, it does not contain any special rules for compensation for nuclear damage or nuclear

287(g): Cross-Delegating State and Local Law Enforcement Officers with Federal Immigration Authority - Homeland Security Remedy or Rue?

National Research Council Canada - National Science Library

Lines, Jonathan L

2008-01-01

As a result of the federal government's shortcomings in thwarting illegal immigration, state and local law enforcement agencies are now largely shouldering the problem of criminal activity associated...

Regionally differentiated air pollution control regulations in the installation-related emission control law of the Federal Republic of Germany

International Nuclear Information System (INIS)

Buettner, T.W.

1992-01-01

The volume treats an issue from the boundary zone between environmental law and environmental economics, namely the regionalization of air pollution control standards in installation-related emission control law. In order to examine the question of whether this proposal, which originates in the field of environmental economics, can be adopted and is purposeful, the author initially performs a complete inventorization of applicable norms, this covering emission control law, the law of regional planning, and the provisions of international law. This status quo is then reviewed using conformity and optimization criteria developed by the political sciences. The assessment comes to the conclusion that the introduction of regionally differentiated air pollution control standards is not desirable. The author further submits proposals for the streamlining of the law of installation-related air pollution control in the Federal Republic of Germany. (orig.) [de

The Supreme Federal Court of Brazil and the law of oil; O Supremo Tribunal Federal e a Lei do petroleo

Energy Technology Data Exchange (ETDEWEB)

Reis, Marcio Monteiro

2008-07-01

The following paper aims to analyze the local oil legal framework and the Brazilian Federal Supreme Court ('STF') footprint pursuant Constitutional Amendment n. 5. Such Amendment allowed local and international companies to act in the Brazilian oil market. This paper also analyses Law 9.478, which created the National Oil Agency ('ANP') with great innovations to the market. Therefore, a historic timeline comparing the enactment of such rules 'vis-a-vis' certain issues raised before STF through Direct Actions of Unconstitutionality will be presented (author)

Enhancing the Value of the Federal Climate-Relevant Data Through the Climate Data Initiative

Science.gov (United States)

Meyer, D. J.; Pinheiro Privette, A. C.; Bugbee, K.

2016-12-01

The Climate Data Initiative (CDI), launched by the Obama Administration in March of 2014, is an effort to leverage the extensive open Federal data to spur innovation and private-sector entrepreneurship around climate resilience. As part of this initiative the federal agencies identified key climate-relevant datasets and made them discoverable through an online catalog at data.gov/climate. Although this was a critical and foundational step to improve the discoverability to these federal data, enhancements to its accessibility and usability require a deeper understanding of the data needs of the different user communities. More recently, the focus of the CDI project has evolved toward extended engagement with communities of resilience trough the identification of use-cases. This effort aims to guide the next steps of the CDI project to make the CDI resources more easily integrated into decision support systems

Guide to the Federal Act for Protection against Nuisances

International Nuclear Information System (INIS)

Thomas, J.; Wiedemann, R.

1980-07-01

The Federal Act for Protection against Nuisances contains all legal provisions related to pollution, noise, convulsions and shocks, thermal effects and similar effects on the environment. Apart from provisions of the actual Act for Protection against Nuisances, provisions related to nuisances are to be found in a number of legal fields. The authors provide a handy, completable survey on all relevant laws, ordinances, administrative regulations and directives issued by the Government of the federation and its individual states, and on the authorities responsible for their execution. The manual helps improve the transparency of legal provisions and adminstrative competences. (HSCH) [de

[The federal participation law : New requirements for needs assessment with special emphasis on medical rehabilitation services].

Science.gov (United States)

Schubert, Michael; Schian, Marcus; Viehmeier, Sarah

2016-09-01

The federal participation law (Bundesteilhabegesetz - BTHG) is one of the largest efforts in the last 15 years to reform the legal participation rights of people with disabilities. In particular, a number of enhancements are planned in the overall benefits law in Part 1 of Book IX in the Social Code (Sozialgesetzbuch - SGB), which applies to all rehabilitation carriers including general provisions and standards for needs assessment. This paper deals with the implications of these provisions and interacting standards, based on the draft bill of April 2016.The discussion takes place against the background of the regulatory objectives formulated in the ministerial draft itself, jurisprudential expertise on the effects of the current legal norms of the SGB IX as well as relevant professional political developments and statements by various stakeholders.The analysis shows a clear political commitment to increase the requirements for needs assessment in the overall law of the SGB IX and to express these more effectively. The draft bill seeks not only to modify procedures subsequent to the application for rehabilitation benefits, but also to precisely set out provisions on instruments for needs assessment in a new § 13. Common principles for these instruments of needs assessment should increase the cooperation, coordination and convergence among rehabilitation carriers.Nevertheless, with regard to the proposed regulatory texts, there is doubt that the objectives set by the draft bill itself will be achieved. For example, the required common principles for needs assessment are to be agreed upon based on the existing special legislation for the different rehabilitation carriers, without the SGB IX setting its own binding standards or framework principles. In addition, it lacks clear legal guidelines for the professional practice to make use of the bio-psycho-social model of the WHO and the ICF in the process of needs assessment. As a consequence the ICF cannot

Natural gas: federal versus state competence; Competencia federal versus competencia estadual

Energy Technology Data Exchange (ETDEWEB)

Fonseca, Rodrigo Garcia da; Correia, Andre de Luizi [Wald Associados Advogados, Rio de Janeiro, RJ (Brazil)

2008-07-01

This article highlights the difficulties in regulating the natural gas sector in Brazil, which has hindered the development of the full potential of this industry. It analyzes the partition of competencies between the federative entities according to the Federal Constitution, the 'Law of oil' and the project of the 'Law of gas'.

Aligning the Effective Use of Student Data with Student Privacy and Security Laws

Science.gov (United States)

Winnick, Steve; Coleman, Art; Palmer, Scott; Lipper, Kate; Neiditz, Jon

2011-01-01

This legal and policy guidance provides a summary framework for state policymakers as they work to use longitudinal data to improve student achievement while also protecting the privacy and security of individual student records. Summarizing relevant federal privacy and security laws, with a focus on the Family Educational Records and Privacy Act…

Perception of the judiciary law by the law-maker

Directory of Open Access Journals (Sweden)

Valeriy V. Lazarev

2016-01-01

Full Text Available Objective to develop conceptualtheoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation. Methods universal dialectic method of cognition as well as the general scientific and private research methods based on it. Results the necessity to analyze the fundamental precedent judicial decisions for the possible implementation of the legal positions of courts into legislative acts. The problem is not confined to the perception of provisions created by the constitutional charter courts. The paper shows the main directions of future activities on the implementation idea. The operation of the Department is shown which was created at the Institute for Legislation and Comparative Law at the Government of the Russian Federation entrusted with the relevant functions. Scientific novelty the mechanism of implementation of judiciary decisions in the Russian legislation has been developed and introduced into scientific circulation. Practical significance the findings of this paper can be used in scientific legislative and lawenforcement activities and the educational process of institutions of higher education.

A baseline understanding of state laws governing e-cigarettes.

Science.gov (United States)

Gourdet, C K; Chriqui, J F; Chaloupka, F J

2014-07-01

Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Health care law versus constitutional law.

Science.gov (United States)

Hall, Mark A

2013-04-01

National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

Cato Guldberg and Peter Waage, the history of the Law of Mass Action, and its relevance to clinical pharmacology.

Science.gov (United States)

Ferner, Robin E; Aronson, Jeffrey K

2016-01-01

We have traced the historical link between the Law of Mass Action and clinical pharmacology. The Law evolved from the work of the French chemist Claude Louis Berthollet, was first formulated by Cato Guldberg and Peter Waage in 1864 and later clarified by the Dutch chemist Jacobus van 't Hoff in 1877. It has profoundly influenced our qualitative and quantitative understanding of a number of physiological and pharmacological phenomena. According to the Law of Mass Action, the velocity of a chemical reaction depends on the concentrations of the reactants. At equilibrium the concentrations of the chemicals involved bear a constant relation to each other, described by the equilibrium constant, K. The Law of Mass Action is relevant to various physiological and pharmacological concepts, including concentration-effect curves, dose-response curves, and ligand-receptor binding curves, all of which are important in describing the pharmacological actions of medications, the Langmuir adsorption isotherm, which describes the binding of medications to proteins, activation curves for transmembrane ion transport, enzyme inhibition and the Henderson-Hasselbalch equation, which describes the relation between pH, as a measure of acidity and the concentrations of the contributory acids and bases. Guldberg and Waage recognized the importance of dynamic equilibrium, while others failed to do so. Their ideas, over 150 years old, are embedded in and still relevant to clinical pharmacology. Here we explain the ideas and in a subsequent paper show how they are relevant to understanding adverse drug reactions. © 2015 The British Pharmacological Society.

Introduction to planning law

International Nuclear Information System (INIS)

Ronellenfitsch, M.

1986-01-01

The author surveys the planning law in the Federal Republic of Germany. He deals with general regulations of the administrative procedure and land-use planning procedure and the main special rules of planning law, according to the Atomic Energy Act, the Nuclear Installation Ordinance and the Federal Act on the Protection against Nuisances. (WG) [de

Environmental law

International Nuclear Information System (INIS)

Anon.

1980-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

The understanding of law professionals from the Federal District about drug users under the current new law / A compreensão dos operadores de direito do Distrito Federal sobre o usuário de drogas na vigência da nova lei

Directory of Open Access Journals (Sweden)

Maria Fátima Olivier Sudbrack

2010-01-01

Full Text Available Drugs users have been receiving contradictory treatments thereby promoting their stigma besides hiding and limiting the understanding of the phenomenon. The objective of this study was to investigate how the District Attorneys and Judges are considering and applying the new law which legislates on the conduct of drug use in Brazil. Eleven Law professionals from the Federal District participated in semi-structured interviews divided in three areas: the point of view in relation to the user of drugs, how the law is being applied, and how they conceive the work of the multidisciplinary teams. The results showed very heterogeneous positions, showing that there is no unanimity on the understanding of the new law. For some, there is a shared belief that drugs abuse is a public health problem, for others, it is believed that the user must receive a punishment for his/her illegal act. An effective and efficient interdisciplinary dialogue should allow a reflective action aiming at favoring those who come to justice.

Legal relevance of the purpose of contract in German law

Directory of Open Access Journals (Sweden)

Dudaš Atila

2013-01-01

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

Putting article 52a of the Federal Emission Control Law into practice at VEAG

International Nuclear Information System (INIS)

Eitz, W.; Moschke, H.J.

1995-01-01

Operators of installations subject to licensing were already obliged under Article 5 of the Federal Emission Control Law (BImSchG) to provide an environmentally acceptable organisation of their company. The provisions don't go so far as to prescribe the kind of organisation required, i.e., they don't intervene in companies' freedom of organisation. Nevertheless, environment-friendliness of a plant requires not only modern environmental engineering but also an efficient operational organisation. The authors elucidate operational aspects to the shaping of environment management at Vereinigte Energiewerke AG (Veag). (orig.) [de

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

Science.gov (United States)

Ford, Roderick Dwayne

2014-01-01

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

Nevada Nuclear Waste Storage Investigations: A review of requirements for biological information in federal, state, and local environmental laws and regulations

International Nuclear Information System (INIS)

Collins, E.; O'Farrell, T.P.

1987-01-01

Biological information concerning Yucca Mountain collected since 1980 is evaluated to determine if it is sufficient to satisfy the requirements of the various federal, state, and local laws and regulations that pertain to environmental protection or to development of waste repositories. The pertinent requirements of each law are summarized, missing information is identified, and recommendations are made for studies to fill these gaps. 11 refs., 2 figs., 1 tab

Temporal association between federal gun laws and the diversion of guns to criminals in Milwaukee.

Science.gov (United States)

Webster, Daniel W; Vernick, Jon S; Bulzacchelli, Maria T; Vittes, Katherine A

2012-02-01

The practices of licensed gun dealers can threaten the safety of urban residents by facilitating the diversion of guns to criminals. In 2003, changes to federal law shielded gun dealers from the release of gun trace data and provided other protections to gun dealers. The 14-month period during which the dealer did not sell junk guns was associated with a 68% reduction in the diversion of guns to criminals within a year of sale by the dealer and a 43% increase in guns diverted to criminals following sales by other dealers. The laws were associated with a 203% increase in the number of guns diverted to criminals within a year of sale by the gun store, which was the focus of this study. Policies which affect gun dealer accountability appeared to influence the diversion of guns to criminals.

3 CFR 13496 - Executive Order 13496 of January 30, 2009. Notification of Employee Rights Under Federal Labor Laws

Science.gov (United States)

2010-01-01

...' productivity is enhanced when workers are well informed of their rights under Federal labor laws, including the... collective bargaining agreements as defined in 5 U.S.C. 7103(a)(8) and purchases under the simplified... will take such action with respect to any such subcontract as may be directed by the Secretary of Labor...

Legal instruments for groundwater protection. A systematic analysis of EU law and German federal law and state law; Rechtliche Instrumente des Grundwasserschutzes. Eine systematische Analyse des EG-, Bundes- und Landesrechts

Energy Technology Data Exchange (ETDEWEB)

Kotulla, M.

1999-07-01

In Germany, the groundwater quality is endangered by a great variety of anthropogenic activities. Although it is widely accepted that the situation calls for quick action and implementation of legal provisions for efficient, nationwide protection of this essential natural resource, the legislature so far remained disappointingly inactive. This is why the author of the study presented in this book examines existing German federal and state law as well as EU law in order to reveal the possibilities offered by those bodies of law. The author analyses the many, splintered legal provisions under public law that are applicable today in Germany in absence of a proper code of environmental law, for their capability of being applied for protection of the groundwater. The legal instruments are identified and evaluated for the given purpose, and approaches for harmonisation or maybe optimisation are elaborated. (orig./CB) [German] Das Grundwasser in der Bundesrepublik Deutschland ist von einer Vielzahl zivilisatorischer Aktivitaeten bedroht. Strategien fuer einen prinzipiell flaechendeckend wirksamen Schutz dieser Naturressource werden zwar mittlerweile allenthalben gefordert, zeigen bislang aber nicht die erhoffte Wirkung. Vor diesem Hintergrund untersucht der Autor in dieser Studie die rechtlichen Moeglichkeiten, welche die bundesdeutsche Rechtsordnung unter Einbeziehung des einschlaegigen EG-Rechts zum Schutz des Grundwassers bereithaelt. Er analysiert primaer das in den letzten dreieinhalb Jahrzehnten zu einem unueberschaubaren Konglomerat angewachsene oeffentlich-rechtliche Umweltschutzregelwerk auf seine grundwasserschuetzende Eignung. Es gilt insbesondere, die diffus und querschnittartig ueber die verschiedensten Rechtsbereiche vertreuten Instrumentarien zu ermitteln und zu bewerten sowie - wo erforderlich - zu harmonisieren oder gar zu optimieren. (orig.)

The comparative analysis of 'Regulations on safety of radioactive waste management' of China and federal law 'On the management of radioactive waste' of Russian

International Nuclear Information System (INIS)

Yang Lili; Zhang Qiao'e; Fan Yun; Liu Ting; Gao Siqi

2012-01-01

In this article, the 'Regulations on safety of radioactive waste management' of China and Federal Law 'On the management of radioactive waste' of Russian were compared, from three aspects: overall legislative ideas, respective unique place and difference of common parts. Refining summed up should learn the contents of the Federal Law 'On the management of radioactive waste' of Russian, for the learning exchanges. (authors)

Challenge: Code of environmental law; Herausforderung Umweltgesetzbuch

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-07-15

Within the meeting ''Challenge: Code of environmental law'' at 16th February, 2007, in Berlin (Federal Republic of Germany) and organized by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Berlin, Federal Republic of Germany), the following lectures were held: (a) the new code of environmental law as a contribution to more modernness and efficiency in the environmental politics (Sigmar Gabriel); (b) The code of environmental law from the view of the economy (Martin Wansleben); (c) Significance of the code of environmental law from the view of jurisprudence (Michael Kloepfer); (d) Targets, content and utility of the code of environmental law: Summary of the panel discussion (Tanja Goenner, Klaus Mittelbach, Juergen Resch, Hans-Joachim Koch, Alfred Wirtz, Andreas Troge (moderator)); (e) Considerations to the coding of water law in the code of environmental law (Helge Wendenburg); (f) Considerations to the coding of water law: Summary of te discussion; (g) Considerations to the coding of nature conservation law (Jochen Flasbarth); (h) Considerations to the coding of nature conservation law: Summary of the discussion.

Elaboration of the international transfer mechanism of reduction in greenhouse gas emissions on the basis of the Russian federal law About agreements of products sharing'

International Nuclear Information System (INIS)

Toivonen, N.R.; Koulikovskaya, L.

2001-01-01

Suggestions for a comprehensive legal framework for the implementation in Russia of the flexibility mechanisms established under the Kyoto Protocol (i.e. joint implementation; clean development mechanism; international emissions trading) are proposed. It is suggested that the legal framework be established using the principles embodied in the existing Russian federal law, 'About agreements of product sharing' adopted in 1995. As a basic requirement, it is suggested that the new federal law must include the fundamental elements required to create possibilities for the Russian Federation to participate in the process of certified emission reductions (CER) transfer, emissions reduction unit (ERU) negotiation, and adjusted amount units (AAU) trading within the framework of the Kyoto Protocol implementation. The new law must also embody the basic procedures required to enter into agreements at the international, inter-regional and inter-sectoral levels. Failure to develop the legislative support and the legal framework to facilitate valid Russian participation in the implementation of the Kyoto Protocol will prevent many valuable initiatives and projects from being realized

Federated Identity Management

OpenAIRE

Chadwick, David W.

2009-01-01

Abstract. This paper addresses the topic of federated identity management. It discusses in detail the following topics: what is digital identity, what is identity management, what is federated identity management, Kim Camerons 7 Laws of Identity, how can we protect the users privacy in a federated environment, levels of assurance, some past and present federated identity management systems, and some current research in FIM.

Developments in environmental and engineering law in 1990

International Nuclear Information System (INIS)

Brandner, T.

1991-01-01

The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

F-Word or Blueprint for Institutional Reform? European Integration and the Continued Relevance of Federalism

Directory of Open Access Journals (Sweden)

Maximilian Conrad

2012-12-01

Full Text Available Federalist thought has historically been an important source of inspiration in European integration. Although the last few decades have witnessed a gradual decline of the concept’s relevance, the most recent developments in the wake of the Eurozone debt crisis have drawn renewed attention to shortcomings in the European Union’s institutional architecture as well as to the feasibility of federal solutions to such institutional shortcomings. This article explores the potential of federalist thought as a blueprint for institutional reform in the EU. Based on a brief introduction to the concept of federalism, the article contextualizes federalism in debates on the democratic deficit, the EU’s sources of legitimacy and the relationship between the union institutions and the member states. If shortcomings in institutional design are the source of the current (and future crises, then closer attention needs to be paid to the costs and benefits of federal reorganization in terms of democracy, legitimacy and sovereignty, particularly from the perspective of small states in the EU. Federal reorganization would not only improve the democratic character of EU decision making, but also strengthen the role of small states in the union. However, it also prompts a number of thorny questions, most importantly regarding the construction of a European demos and its relationship to deeply engrained ideas about the nation state as a more or less natural home of democracy.

Louisiana SIP: LAC 33:III Ch. 14 Subchap B, 1431 to 1434--Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws

Science.gov (United States)

Louisiana SIP: LAC 33:III Ch. 14 Subchap B, 1431 to 1434--Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Laws

The Golden Arches Meet the Hallowed Halls: Franchise Law and the Law School Curriculum.

Science.gov (United States)

Wright, Danaya

1995-01-01

A law school course in franchise law focuses on how various legal issues and categories interact within the context of the narrowly defined business relationship of a franchise. Four major topics included federal and state disclosure regulations, trademarks and service marks, common law contract issues, and antitrust law. Class exercises included…

30 CFR 944.30 - State-Federal Cooperative Agreement.

Science.gov (United States)

2010-07-01

... OSMRE's Western Field Operations office will work with DOGM to estimate the amount the Federal... applicable Federal laws may be specified in working agreements between OSMRE and the State, with the... Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these...

76 FR 72823 - Voluntary Mergers of Federal Home Loan Banks

Science.gov (United States)

2011-11-28

... corporate law, disclosure practices that are required under the federal securities laws, and the approval standards required under federal banking laws relating to mergers of insured depository institutions. D...

Procedural law problems with the construction of installations (plants) for the final storage of radioactive materials

International Nuclear Information System (INIS)

Hoppe, W.; Bunse, B.

1984-01-01

The underground exploration of the salt-mine Gorleben has to be permitted according to sec. 126 para. 3, 51 et seq. Federal Mining Act. There is, however, no need for carrying out a nuclear law procedure for the official approval of the plan because the construction of the exploration mine does not represent the construction of a final storage facility. The operation of exploration measures does not create legally relevant prejudices for procedures of the official approval of the plan according to Atomic Energy Law. (HP) [de

Legal bases of resource policy in the Federal Republic of Germany. A contribution towards law-related geography. Die rechtlichen Grundlagen der Ressourcenpolitik in der Bundesrepublik Deutschland. Ein Beitrag zur Rechtsgeographie

Energy Technology Data Exchange (ETDEWEB)

Graafen, R

1983-01-01

This work from the field of law-related geography deals with the legal regulations issued in the framework of resource policy and with their territorial effects. One of the purpose of law-related geography is to present those legal regulations which bear on territory in a manner easy to survey. The different legal forms to be considered (law, legal regulation, administrative regulation, statutes, law of the (European Community etc.) provide a means of approach. From the peculiarities of the individual legal forms it is possible to tell for instance in how far they possess validity as against citizens or only as against authorities, in how far they are cogent or only constitute recommendations, or whether citizens are allowed to participate in the precise definition of regulations, what standard of European Community law are immediately applied in the Federal Republic of Germany, or what the order of priority of legal regulations is. The study investigates above all the territory-related consequences of regional and land use planning, the federal mining law, energy policy with regard to black coal, brown coal, petroleum and naturel gas, of the planning of power plans sites, local supply concepts, transport infra-structure policy, the federal immission protection law and of regulations for the protection of nature or governing forest and water management. (orig./HSCH).

Getting the job done: Resolving state-federal conflicts in Superfund

Energy Technology Data Exchange (ETDEWEB)

Smith, R.; Silver, D.

1998-12-31

The American system of federalism creates frequent opportunities for clashes between state and federal environmental regulators.State and federal environmental laws overlap but are not easily reconciled. Most federal environmental law provides no clear answer as to how to reconcile differing mandates of state and federal environmental regulators. In this article, they will examine these state-federal conflicts as they played out in 1994 in the cleanup of contaminated sites in the state of Washington. This article describes the way a regional office of the Environmental Protection Agency and the state`s Department of Ecology developed a novel approach to managing the essential tension between overlapping state and federal cleanup laws.

New Russian law

International Nuclear Information System (INIS)

Anon.

1996-01-01

The information about the Russian Federation law dealing with population radiation safety signed by the President in January 1996 is given. The law is based on a new strategy of radiation protection including the mean efficient dose from all ionizing radiation sources as the main factor for evaluation of the safe level for the population. The norms stated in the law will become valid from January 1, 2000

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment

International Nuclear Information System (INIS)

Renneberg, W.

2005-01-01

The problem of the nuclear supervision, i.e. the question wether the federal executive administration can be considered a sustainable concept for the future within the framework of the atomic energy law is discussed in the paper. Without a complete refinancing of the nuclear supervision it is not possible to develop or at least keep a scientific and technical competence within the federal administration. In this context the results of the Kienbaum survey are reported. The objections and concerns with respect to the discussed federal self-administration model as alternative include possibly required changes of the constitutional law, aggravation of the loss of competence, the future of radiation protection, and interfaces to other fields of law, like emergency management

Federal securities law and the need to disclose the risk of canceling nuclear plant

International Nuclear Information System (INIS)

Sponseller, D.

1984-01-01

Almost every electric utility company involved in nuclear plant construction has experienced difficulty as a result of the deteriorating condition of the nuclear industry as a whole. The thrust of a growing number of lawsuits brought against electric companies for alleged violations of federal securities laws is that the companies failed to reveal cost overruns, delays, and the risk of cancellation and write-off of nuclear plants in their annual reports and registration statements. A review of several suits and the disclosure requirements of securities statutes concludes that, although investors have known about utility problems, they have just become aware this year that the entire financial viability of the electric companies is threatened

Consolidated Navy-Marines Environmental Law Deskbook. Revised

Science.gov (United States)

1994-05-01

Where the state law and Federal law are in direct conflict. See. Florida Lime and Avocado Growers, Inc. v. Paul, 373 U.S. 132, 142-43 (1963...California standards for avocados could be stricter than Federal standards). Although this might seem to be a frequent occurrence, courts are very reluctant... exportation , and taking of endangered and threatened species of plants and animals. Also, the ESA requires federal agencies to consult with FWS / NMFS

27 CFR 478.134 - Sale of firearms to law enforcement officers.

Science.gov (United States)

2010-04-01

... AMMUNITION Records § 478.134 Sale of firearms to law enforcement officers. (a) Law enforcement officers... complete Form 4473 or Form 5300.35. The law enforcement officer purchasing the firearm may purchase a...) In Federal law enforcement offices, the supervisor in charge of the office to which the Federal...

Reform of the energy law - state of considerations from the viewpoint of the Federal German Government. Energierechtsreform - Stand der Ueberlegungen aus der Sicht der Bundesregierung

Energy Technology Data Exchange (ETDEWEB)

Cronenberg, M

1991-05-01

The Federal German Government is pushing more entrepreneurial responsibility, more deregulation and more competition. Consequently, the option 'A' - boosting of governmental planning competence - is eliminated. To be realized is option 'C' - modernization of the law without fundamental change of its substance. Within, the meaning of option 'B' - boosting of the undertakers' and consumers' own responsibility by deregulation - it is necessary to carefully review each individual instance described in the law in order to decide whether it can be rendered superfluous by less stringent regulation of the market. With regard to ten problems, the article indicates the attitude taken by the Federal German ministry of economy in the light of talks so far held, e.g.: enlargement of the catalogue of targets by pollution abatement and careful management of resources; equal regulatory effort for electric power and gas; federally uniform approval procedure for overhead power transmission lines from 110 kV; energy-economic investments supervision etc. (HSCH).

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

Federal supervisory powers in administrative action on behalf of the Federal Government. Bundesaufsicht in der Bundesauftragsverwaltung

Energy Technology Data Exchange (ETDEWEB)

Tschentscher, T

1992-01-01

The Federal Government's authority to give instructions in matters of public administration pursuant to Art. 85 III GG has been gaining in significance over the last few years in the course of federal disputes about the licenses issued to the NUKEM company under atomic energy law, or about the licensing of the Kalkar fast breeder reactor. Proceeding from the above federal controversy about issues relating to atomic energy law, the author extends his study to the general constitutional level, investigating the provisions of the German constitution relating to the supervisory power and the authority to give instructions on the part of the Federal Government, and the rights and means of the Laender governments to defend their administrative rights. (orig.).

German Federal Constitutional Court decision of May 22, 1990. On the right of the Federal Government to issue instructions in the field of commission administration

International Nuclear Information System (INIS)

Anon.

1991-01-01

The Federal Constitutional Court discusses questions relating to the distribution of competence in the field of commission administration pursuant to Article 85 of the Basic Law ('Grundgesetz') in connection with a specific licensing procedure under atomic law (Kalkar). Under Art. 85 of the Basic Law executive competence is assigned irrevocably to the individual State, whereas substantive competence is always only assigned to the State insofar as it is not claimed by Federal Government. The decision further reviews questions of: Legal injury through federal instruction pursuant to Article 85 (3) of the Basic Law; a claimable right to the substantively lawful execution of the authority to instruct or even a right to sue for an injunction in the case of an infringement of the Constitution or of a basic right and associated boundary questions; the nedessity of clarity of instructions; and the obligation of Federal Government to act in a manner conducive to the promotion of the interests of the Federation as such. The Court also made it clear that the limits to the influence of the state on the rights of the individual derived from the principle of the Rule of Law do not apply to questions concerning competence in the Federation-State relationship. [Reference: Federal Constitutional Court 2 BvG 1/88, decision of May 22, 1990]. (RST) [de

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

Federal approaches to the regulation of noncigarette tobacco products.

Science.gov (United States)

Freiberg, Michael J A

2012-11-01

Under a grant funded by ClearWay Minnesota(SM) and in partnership with nationally recognized experts in tobacco product regulation, the Public Health Law Center investigated how laws at every level apply, or fail to apply, to noncigarette tobacco products--also called "other tobacco products." During the years 2010-2011, standard legal research techniques were used to identify and compile relevant statutes, regulations, decisions, pleadings, proposals, and related materials. Sources included standard commercial legal databases such as LexisNexis and Westlaw, online sources for pending rules and legislation, and direct contact with courts for legal pleadings and unpublished decisions. These legal authorities related to many aspects of the regulation, including price, flavorants, youth access, marketing restrictions, and product design of other tobacco products. Five of these products were used as case studies: dissolvable tobacco products, electronic cigarettes, little cigars, snus, and water pipes. Research during the years 2010-2011 revealed that the federal regulation of other tobacco products lags behind the regulation of more "traditional" tobacco products, such as cigarettes and moist snuff. Federal regulatory options to expand regulation of these products were identified. The article highlights several federal policy interventions that would address gaps in the regulation of other tobacco products. The FDA must determine whether these interventions will benefit public health and, if so, to what extent--the legal criteria for intervention under the federal Family Smoking Prevention and Tobacco Control Act. Copyright © 2012 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

On how AI & Law can help autonomous systems obey the law: a position paper

NARCIS (Netherlands)

Prakken, Hendrik

2016-01-01

In this position paper I discuss to what extent current and past AI & law research is relevant for research on autonomous intelligent systems that exhibit legally relevant behaviour. After a brief review of the history of AI & law, I will compare the problems faced by autonomous intelligent systems

Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

International Nuclear Information System (INIS)

Wuerkner, J.

1992-01-01

The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

75 FR 67433 - Federal Fiscal Year 2011 Annual List of Certifications and Assurances for Federal Transit...

Science.gov (United States)

2010-11-02

... or exceeds $25,000, (b) is for audit services, or (3) requires the consent of a Federal official, as... of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements... is authorized to consolidate the certifications and assurances required by Federal law or regulations...

77 FR 64819 - New Agency Information Collection Activity Under OMB Review: Office of Law Enforcement/Federal...

Science.gov (United States)

2012-10-23

...This notice announces that the Transportation Security Administration (TSA) has forwarded the new Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. TSA published a Federal Register notice, with a 60-day comment period soliciting comments, of the following collection of information on June 20, 2012, 77 FR 37062. The collection involves the reimbursement of expenses incurred by airport operators for the provision of law enforcement officers (LEOs) to support airport security checkpoint screening.

[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.

Theses on the systematization of environmental law (relevant to regional planning)

International Nuclear Information System (INIS)

Erbguth, W.

1987-01-01

The 'Central Institute for Regional Planning' (Zentralinstitut fuer Raumplanung) of the University of Muenster carried out an extensive study on the systematization of environmental law. Hence it follows that particularly in the field of atomic law and the law for the protection against nuisance a landwide homogeneous planning level is missing. (WG) [de

Environmental law. 3. rev. ed.

International Nuclear Information System (INIS)

Anon.

1985-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

Teaching Human Rights Law.

Science.gov (United States)

Berman, Howard R.

1985-01-01

The international community has developed a system of human rights law relevant to many areas of legal encounter, which American law schools have been slow to incorporate into curricula. Teaching human rights law provides an opportunity for law schools to enrich the learning process and contribute creatively to the respect for rights in society.…

EMTALA and patients with psychiatric emergencies: a review of relevant case law.

Science.gov (United States)

Lindor, Rachel A; Campbell, Ronna L; Pines, Jesse M; Melin, Gabrielle J; Schipper, Agnes M; Goyal, Deepi G; Sadosty, Annie T

2014-11-01

Emergency department (ED) care for patients with psychiatric complaints has become increasingly challenging given recent nationwide declines in available inpatient psychiatric beds. This creates pressure to manage psychiatric patients in the ED or as outpatients and may place providers and institutions at risk for liability under the Emergency Medical Treatment and Labor Act (EMTALA). We describe the patient characteristics, disposition, and legal outcomes of EMTALA cases involving patients with psychiatric complaints. Jury verdicts, settlements, and other litigation involving alleged EMTALA violations related to psychiatric patients between the law's enactment in 1986 and the end of 2012 were collected from 3 legal databases (Westlaw, Lexis, and Bloomberg Law). Details about the patient characteristics, disposition, and reasons for litigation were independently abstracted by 2 trained reviewers onto a standardized data form. Thirty-three relevant cases were identified. Two cases were decided in favor of the plaintiffs, 4 cases were settled, 10 cases had an unknown outcome, and 17 were decided in favor of the defendant institutions. Most patients in these 33 cases were men, had past psychiatric diagnoses, were not evaluated by a psychiatrist, and eventually committed or attempted suicide. The most frequently successful defense used by institutions was to demonstrate that their providers used a standard screening examination and did not detect an emergency medical condition that required stabilization. Lawsuits involving alleged EMTALA violations in the care of ED patients with psychiatric complaints are uncommon and rarely successful. Copyright © 2014 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

A compreensão dos operadores de direito do Distrito Federal sobre o usuário de drogas na vigência da nova lei The understanding of law professionals from the Federal District about drug users under the current new law

Directory of Open Access Journals (Sweden)

Luiza Barros Santoucy

2010-04-01

Full Text Available O usuário de drogas tem recebido tratamentos contraditórios que promovem sua estigmatização e clandestinidade e limitam a compreensão do fenômeno. O objetivo foi investigar como Promotores e Juízes estão entendendo e aplicando a nova lei que legisla sobre a conduta de usar e portar drogas no Brasil. Onze operadores do Direito do Distrito Federal (DF participaram de entrevistas semi-estruturadas divididas em três eixos: a visão em relação ao usuário de droga; como a lei vem sendo aplicada; e como concebe o trabalho da equipe multidisciplinar. As respostas demonstraram posições muito heterogêneas, denotando não haver ainda unanimidade quanto à compreensão da nova lei: se por um lado há uma crença compartilhada de que o uso de drogas é um problema de saúde pública, por outro, acredita-se que o usuário deve receber uma punição por seu ato ilegal. Um diálogo interdisciplinar efetivo permitiria uma atuação eficaz e reflexiva visando a beneficiar as pessoas que chegam à justiça.Drugs users have been receiving contradictory treatments thereby promoting their stigma besides hiding and limiting the understanding of the phenomenon. The objective of this study was to investigate how the District Attorneys and Judges are considering and applying the new law which legislates on the conduct of drug use in Brazil. Eleven Law professionals from the Federal District participated in semi-structured interviews divided in three areas: the point of view in relation to the user of drugs, how the law is being applied, and how they conceive the work of the multidisciplinary teams. The results showed very heterogeneous positions, showing that there is no unanimity on the understanding of the new law. For some, there is a shared belief that drugs abuse is a public health problem, for others, it is believed that the user must receive a punishment for his/her illegal act. An effective and efficient interdisciplinary dialogue should allow a

The Delinquencies of Juvenile Law: A Natural Law Analysis

Directory of Open Access Journals (Sweden)

Ellis Washington

2010-07-01

Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

76 FR 77432 - Coordination of Federal Authorizations for Electric Transmission Facilities

Science.gov (United States)

2011-12-13

... Federal law for Qualifying Projects as defined in the rule, as well as establish a process whereby... law or that have Federalism implications. Agencies are required to examine the constitutional and... Projects can request DOE assistance in the Federal authorization process. Also, the proposed rule provides...

7 CFR 1900.102 - Applicable law.

Science.gov (United States)

2010-01-01

... 7 Agriculture 12 2010-01-01 2010-01-01 false Applicable law. 1900.102 Section 1900.102 Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE... GENERAL Applicability of Federal Law § 1900.102 Applicable law. Loans made by FmHA or its successor agency...

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

Federal Funding Accountability and Transparency Act

Science.gov (United States)

Public Law 109-282, the Federal Funding Accountability and Transparency Act of 2006 as amended (FFATA), requires disclosure of all entities and organizations receiving Federal funds through a single publicly accessible website.

76 FR 68015 - Federal Acquisition Regulation; Notification of Employee Rights Under the National Labor...

Science.gov (United States)

2011-11-02

....), Notification of Employee Rights Under Federal Labor Laws. DATES: Effective Date: November 2, 2011. FOR FURTHER..., 2010, to implement E.O. 13496, Notification of Employee Rights Under Federal Labor Laws, as implemented... Federal labor laws, and the DOL has determined that the notice shall include employee rights under the...

The Konrad mine. No more recourse to law?

International Nuclear Information System (INIS)

Schneider, Horst

2010-01-01

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)

DNA-based identification of invasive alien species in relation to Canadian federal policy and law, and the basis of rapid-response management.

Science.gov (United States)

Thomas, Vernon G; Hanner, Robert H; Borisenko, Alex V

2016-11-01

Managing invasive alien species in Canada requires reliable taxonomic identification as the basis of rapid-response management. This can be challenging, especially when organisms are small and lack morphological diagnostic features. DNA-based techniques, such as DNA barcoding, offer a reliable, rapid, and inexpensive toolkit for taxonomic identification of individual or bulk samples, forensic remains, and even environmental DNA. Well suited for this requirement, they could be more broadly deployed and incorporated into the operating policy and practices of Canadian federal departments and should be authorized under these agencies' articles of law. These include Fisheries and Oceans Canada, Canadian Food Inspection Agency, Transport Canada, Environment Canada, Parks Canada, and Health Canada. These efforts should be harmonized with the appropriate provisions of provincial jurisdictions, for example, the Ontario Invasive Species Act. This approach necessitates that a network of accredited, certified laboratories exists, and that updated DNA reference libraries are readily accessible. Harmonizing this approach is vital among Canadian federal agencies, and between the federal and provincial levels of government. Canadian policy and law must also be harmonized with that of the USA when detecting, and responding to, invasive species in contiguous lands and waters. Creating capacity in legislation for use of DNA-based identifications brings the authority to fund, train, deploy, and certify staff, and to refine further developments in this molecular technology.

Mizan Law Review

African Journals Online (AJOL)

Mizan Law Review publishes peer reviewed scholarly articles that identify, ... legal and related principles, stipulations and concepts based on research findings. Mizan's ... Comment: Major Differences between the Revised 'Federal' and SNNP ...

International Treaties Tax Law in Brazilian Law

Directory of Open Access Journals (Sweden)

Milena Zampieri Sellmann

2016-06-01

Full Text Available International agreements are the primary source of obligations internationally, whi- ch generate reflections in national law. They have been extremely used in tax harvest because they avoid double taxation and reduce tax burden in international trade. They are formal sources of tax law, which the legislature is expressly recognized in Article 96 of the National Tax Code to set the “tax legislation” expression. Article 98 of the Code determines the supremacy of international tax agreements over national law. Against the odds, international tax agreements do not revoke or modify the national legislation, just limit the effectiveness of national law incompatible with them, with supra-legal hierarchy and infra-constitution. They are above national law, either after or before it is created, and are below the Federal Constitution, so agreements incompatible with it should not be approved by Congress and, if so, they will be subject to declaration of unconstitutionality by the Supreme Court. It is a reporting case the international agreement’s unconstitutio- nality after it is celebrated.

The Atomic Energy Law in the Federal Republic of Germany in 1981

International Nuclear Information System (INIS)

Ziegler, E.; Nobbe, U.

1982-01-01

Since nothing much was done in the way of legislation and ordinances to remove the uncertainties still prevailing from political quarters with regard to the legal bases of some questions of nuclear power, increased importance must be attributed to the other activities of the Bundestag and federal governments. Ever lengthier and more uncertain licensing procedures under the nuclear law have for years been adding to the construction time and thereby raising the cost while reducing the economic efficiency of nuclear power plants. In October 1981 the cabinet committee for the peaceful utilization of nuclear power has approved a catalogue of measures to accelerate these procedures in future. In the field of the administration of justice, supreme court rulings have contributed particularly to clarify the central questions related to court proceedings on nuclear construction licenses. Considerable uncertainty regarding the concept for radioactive waste disposal from nuclear power plants has been caused by administrative court rulings according to which the storage of spent-fuel elements beyond the decay time is not eligible for licensing for want of a legal basis. (orig./UA) [de

Exceptions to the Stark law: practical considerations for surgeons.

Science.gov (United States)

Satiani, Bhagwan

2006-03-01

The purpose of this study was to provide an understanding of the applicable legislative exceptions to prohibitions under the Stark law, which governs common legitimate business relationships in surgical practice. Stark I and II prohibits all referrals (and claims) for the provision of designated health services for federal reimbursement if a physician or immediate family member has any financial relationship with the entity. Regardless of intent (unlike the antikickback statute), any financial relationship is illegal unless specifically excepted by statute. These exceptions are relevant to ownership, compensation arrangements, or both. The most important ones relevant to surgeons are as follows: physician service exception (services rendered in an intragroup referral); in-office ancillary services exception (office-based vascular laboratory); the whole hospital exception (ownership interest in a hospital or department); lease exception (conditions that must be met for a lease not to be considered illegal); bona fide employment exception (important to academic medical centers); personal services arrangement exception (vascular laboratory medical directorship); physician incentive plans exception (if volume or value of referrals are an issue); hospital-affiliated group practice exception (physician services billed by a hospital); recruitment arrangement exception (inducements by hospitals to relocate); items/services exception (transcription services purchased from a hospital); fair market value exception (covers services provided to health care entities); indirect compensation arrangements (dealings between a hospital and entity owned by physicians); and academic medical centers exception (new phase II rules broaden the definition of academic medical centers and ease the requirement that practice plans be tax-exempt organizations, among other changes. Although expert legal advice is required for navigation through the maze of Stark laws, it is incumbent on surgeons

Government Contract Law (9th Edition)

Science.gov (United States)

1987-04-01

This Ninth Edition, like its predecessors, will serve as the textbook for the Government Contract Law taught at the School of Systems and Logistics...drawn from Government Contract Law -Cases, 1987 edition, for a rounded approach to the subject. This edition of the text includes coverage of the...Government Contract Law complements the Federal Acquisition Regulation and provides a preventive law treatment for contracting personnel. While it may

18 CFR 1314.4 - Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of...

Science.gov (United States)

2010-04-01

... rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and... FEDERAL RESERVE BANKS § 1314.4 Law governing the rights and obligations of TVA and Reserve Banks; law governing the rights of any Person against TVA and Reserve Banks; law governing other interests. (a) Except...

Synchronization and desynchronization in the Olami-Feder-Christensen earthquake model and potential implications for real seismicity

Directory of Open Access Journals (Sweden)

S. Hergarten

2011-09-01

Full Text Available The Olami-Feder-Christensen model is probably the most studied model in the context of self-organized criticality and reproduces several statistical properties of real earthquakes. We investigate and explain synchronization and desynchronization of earthquakes in this model in the nonconservative regime and its relevance for the power-law distribution of the event sizes (Gutenberg-Richter law and for temporal clustering of earthquakes. The power-law distribution emerges from synchronization, and its scaling exponent can be derived as τ = 1.775 from the scaling properties of the rupture areas' perimeter. In contrast, the occurrence of foreshocks and aftershocks according to Omori's law is closely related to desynchronization. This mechanism of foreshock and aftershock generation differs strongly from the widespread idea of spontaneous triggering and gives an idea why some even large earthquakes are not preceded by any foreshocks in nature.

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.

BROA: An agent-based model to recommend relevant Learning Objects from Repository Federations adapted to learner profile

Directory of Open Access Journals (Sweden)

Paula A. Rodríguez

2013-03-01

Full Text Available Learning Objects (LOs are distinguished from traditional educational resources for their easy and quickly availability through Web-based repositories, from which they are accessed through their metadata. In addition, having a user profile allows an educational recommender system to help the learner to find the most relevant LOs based on their needs and preferences. The aim of this paper is to propose an agent-based model so-called BROA to recommend relevant LOs recovered from Repository Federations as well as LOs adapted to learner profile. The model proposed uses both role and service models of GAIA methodology, and the analysis models of the MAS-CommonKADS methodology. A prototype was built based on this model and validated to obtain some assessing results that are finally presented.

77 FR 66483 - Public Comment on the Draft Federal Urban Design Element and the Draft Update to the Federal...

Science.gov (United States)

2012-11-05

... NCPC review required by law. The new Federal Urban Design Element provides policies that will guide the... public comment a draft new Federal Urban Design Element and draft revisions to the Preservation and... Features Element articulates policies that guide federal actions preserving Washington's historic character...

Concretization of rules of law in the field of environmental law

International Nuclear Information System (INIS)

Kunert, F.J.

1989-01-01

The article deals with the relation between administrative standardization and decisions on a particular case. The author discusses the question whether the legislator may assign the task of concretizing rules of law exclusively to the top executive powers who are entitled to issue administrative regulations, or whether this task may in certain cases be achieved by way of decisions on a particular case. The question is discussed against the background of the principles of exercise of discretion, and the character and functions of administrative regulations. The article is arranged in two parts, entitled as follows: Impulses given by the environmental law, and should standardization prevail over individual decisions in administrative law matters? The author explains the development of the practice of the courts referring to the Voerde judgment of the Federal Administrative Court, the Wyhl judgment of the Federal Constitutional Court, (1982), another judgment in the Wyhl case given by the Fed. Administrative Court in 1985, and the decision of the Lueneburg Higher Administrative Court in the case of the Buschhaus power plant. (RST) [de

Constitutional collisions of criminal law

Directory of Open Access Journals (Sweden)

Sergey M. Inshakov

2016-12-01

Full Text Available Objective to identify and resolve conflicts between the norms of constitutional and criminal law which regulate the issue of legal liability of senior officials of the state. Methods formallogical systematic comparativelegal. Results the article analyzes the embodiment of the principle of citizensrsquo equality under the law regarding the criminal responsibility of the President of the Russian Federation as one of the segments of the elite right other criminal and legal conflicts are considered associated with the creation of conditions for derogation from the principle of equality. Basing on this analysis the means of overcoming collisions between the norms of constitutional and criminal law are formulated. Scientific novelty in the article for the first time it has been shown that in the Russian criminal law there are exceptions to the principle of citizensrsquo equality under the law relating to the President of the Russian Federation the conflicts are identified between the norms of constitutional and criminal law regulating the issue of legal liability of senior officials of the state ways of overcoming conflicts are suggested. Practical significance the main provisions and conclusions of the article can be used in research and teaching in the consideration of issues of senior state officialsrsquo criminal liability.

3 CFR - Federal Benefits and Non-Discrimination

Science.gov (United States)

2010-01-01

.... Promoting Compliance with Existing Law Requiring Federal Workplaces to be Free of Discrimination Based on... 3 The President 1 2010-01-01 2010-01-01 false Federal Benefits and Non-Discrimination Presidential Documents Other Presidential Documents Memorandum of June 17, 2009 Federal Benefits and Non-Discrimination...

The local power supply in the German Federal Republic

International Nuclear Information System (INIS)

Tettinger, P.J.

1992-01-01

The article first examines the contours of the foundations of the communes' competence to act autonomously, which have been laid by constitutional jurisdiction and jurisprudence. Next, the limits that constitutional law sets to the communes' competence in the field of energy politics are scrutinized. These limits firstly result from the confinement of the communal administrative unions' competence to a local sphere, and secondly from the additional constraints of Federal law, particularly the Law Concerning the Power Economy, and of the law of the Laender, here primarily communal commercial law. It is concluded that the limits to the communal administrative unions' competence must be strictly observed and the constraints imposed by power law and communal commercial law respected. Under the present constitutional law the guarantee of communal autonomy at least provides no legal means of defying decisions and directives under the laws of the Federation or the Laender that apply supraregionally. (orig./HSCH) [de

Conference report 11th German atomic energy law symposium

International Nuclear Information System (INIS)

Anon.

2001-01-01

The 11 th German Atomic Energy Law Symposium organized by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) was held in Berlin on October 9 and 10, 2001. Approximately 250 participants from industry, politics, administration, science, and associations had accepted the invitation by BMU and discussed a variety of questions arising mainly out of the new nuclear energy policy of the federal government. In the introductory session, Federal Minister for the Environment Juergen Trittin sketched the framework of federal policy resulting from the criteria set forth by the federal government and the negotiations with the power utilities after the agreement on the future use of nuclear power had been signed. The following seven technical sessions dealt with basic constitutional matters as well as problems of public law and economic law stemming from the nuclear power policy of the federal government. Major points included the amendment to the Atomic Energy Act, interim storage, the redefined objectives of final storage, and problems relating to yardsticks by which to gauge safety, and problems of ensuring safety. Among other subjects, also the relationship between the federal government and the federal states in nuclear regulatory matters as well aspects of power economy and energy policy were debated. (orig.) [de

The Inverse Response Law: Theory and Relevance to the Aftermath of Disasters

Directory of Open Access Journals (Sweden)

Suzanne Phibbs

2018-05-01

Full Text Available The Inverse Care Law is principally concerned with the effect of market forces on health care which create inequities in access to health services through privileging individuals who possess the forms of social capital that are valued within health care settings. The fields of disaster risk reduction need to consider the ways in which inequities, driven by economic and social policy as well as institutional decision-making, create vulnerabilities prior to a disaster, which are then magnified post disaster through entrenched structural differences in access to resources. Drawing on key principles within the Inverse Care Law, the Inverse Response Law refers to the idea that people in lower socio-economic groups are more likely to be impacted and to experience disparities in service provision during the disaster response and recovery phase. In a market model of recovery, vulnerable groups struggle to compete for necessary services creating inequities in adaptive capacity as well as in social and wellbeing outcomes over time. Both the Inverse Care Law and the Inverse Response Law focus on the structural organisation of services at a macro level. In this article, the Inverse Care Law is outlined, its application to medical treatment following disasters considered and an explanation of the Inverse Response Law provided. Case studies from recent disasters, in London, New Zealand, Puerto Rico and Mexico City are examined in order to illustrate themes at work relating to the Inverse Response Law.

On the scope of the Federal Government to issue orders in plan approval procedures under para. 9b of the Atomic Energy Act as provided by article 85 section 3 of the Basic Law

International Nuclear Information System (INIS)

Ossenbuehl, F.

1991-01-01

Under Paragraph 9b of the Atomic Energy Act the Lower Saxonian Minister of the Environment has the competence for the plan approval procedure concerning the final disposal site Konrad. The plan approval procedure under atomic energy law is a unitary administrative procedure which makes further administrative procedures and administrative decisions superfluous on the strength of its unitary character and without impingement on constitutional law. In conducting the plan approval procedure the Lower Saxonican Minister of the Environment is acting within the framework of Laender administration on behalf of the Federation. To this extent he is subject to the orders of the Federal Minister of the Enviroment under Article 85 Section 3 of The Basic Law with respect to the formation of the procedure and procedural decisions as well as decisions on the merits pending. The concentrating effect of the plan approval procedure under atomic energy law also extends to permits under water law. (orig./HSCH) [de

Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law

International Nuclear Information System (INIS)

Degenhart, Christoph

2013-01-01

The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

Nuclear-industry employee protection provisions of federal law

International Nuclear Information System (INIS)

Fidell, E.R.; Marcoux, W.C.

1982-01-01

Legislation enacted by Congress in 1978 to provide protection for those employed in the construction or operation of civil nuclear projects who express concerns to employers or others about the propriety of procedures in their places of employment from the standpoint of safety is summarized. The authors describe some recent and anticipated developments in the implementation of the law and offer practical suggestions for the avoidance of particular problems under the law. They counsel that the prudent utility company or other firm involved with nuclear energy will see the statute as another reason for facilitating the flow of bona fide safety concerns rather than as a vehicle for the expression of generalized complaints by malcontents and a convenient shield for substandard performers in the work force

Federal/State Radiation Control Legislation, 1974

International Nuclear Information System (INIS)

Miller, L.A.

1975-07-01

A review is presented of Federal and State radiation control legislation for calendar year 1974, in Federal-State, subject, and status order. A brief description of each bill introduced in 1974 is included, plus existing laws or statutes governing radiation control. (auth)

46 CFR 201.20 - Attorneys at law.

Science.gov (United States)

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Attorneys at law. 201.20 Section 201.20 Shipping... PROCEDURE Appearance and Practice Before the Administration (Rule 2) § 201.20 Attorneys at law. Attorneys at law who are admitted to practice before the Federal courts or before the courts of any State or...

Nuclear energy as reflected in Constitutional Law

International Nuclear Information System (INIS)

Ossenbuehl, F.

1981-01-01

The author analyses the Federal Constitutional Court's decision on the Kalkar and Muehlheim-Kaerlich reactors with regard to its content relating to the Atomic Energy Law. He examines the Atomic Energy Law within the system in which power is shared: The legal provisio of the Atomic Energy Law, the application of undetermined legal terms, the involvement of extra-legislative bodies, the statements made on residual risks. He discusses the statutory obligation of the legislator to protect, and the protection of basic rights by means of participation in procedures, the effecting of basic rights protection by means of participation in procedures, the translation into action of basic rights protection by means of participation in procedures and the interpretation of the elementary (simple) Atomic Law by the Federal Constitutional Court with regard to the interpreation and application of the Atomic Energy Law in conformity with the Basic Law. Finally, he gives his opinion on the practical consequences the decision will have, and on its binding effects for current and future licensing procedures. (HSCH) [de

Changes in environmental law. [German Federal Republic]. Umweltrecht im Wandel

Energy Technology Data Exchange (ETDEWEB)

Mayer-Tasch, P C

1978-01-01

In this study the changing process of environmental law is depicted which is marked by the ecological crisis and the increasing pressure of the ecological movement. Main emphasis is laid on the analysis of the reform of the ecological licensing and voidance procedures which is in the centre of the discussion about (environmental) law policy as well as on the jurisprudential enforcement of the basic environmental right on life and physical integrity. The volume ends with a study on 'Nuclear Energy, Law and Judiciary Power' - a subject which is of immediate interest and special significance with its far-reaching political consequences for ecology, energy, and economics.

28 CFR 91.68 - Compliance with other Federal environmental statutes, regulations and executive orders.

Science.gov (United States)

2010-07-01

... OF JUSTICE (CONTINUED) GRANTS FOR CORRECTIONAL FACILITIES Environmental Impact Review Procedures for VOI/TIS Grant Program Other State and Federal Law Requirements § 91.68 Compliance with other Federal environmental statutes, regulations and executive orders. (a) Other Federal environmental laws. All projects...

Nuclear Law

International Nuclear Information System (INIS)

Pascal, Maurice.

1979-01-01

This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

Russian Contract Law for Foreigners

Directory of Open Access Journals (Sweden)

Andrey Shirvindt

2015-01-01

Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

Civil Law and Neuroscience

NARCIS (Netherlands)

de Kogel, C.H.; Schrama, W.M.; Smit, M.

2014-01-01

The relationship between the brain and human behaviour is receiving increasing attention in legal practice. Much has already been published about the role of neuroscience in criminal law, but surprisingly little is known about its role in civil law. In this contribution, the relevance of

The international law commission and international environmental law

International Nuclear Information System (INIS)

Ramcharan, B.G.

1975-01-01

If the oceans are destroyed through pollution there will be nothing left to manage. Protection against pollution is thus a fundamental aspect of ocean management. What legal principles are available for the protection of the oceans. This paper brings together the relevant practice of the foremost international body responsible for the codification and development of international law: the International Law Commission. It describes the work of the Commission concerning: 1) pollution of the high seas; 2) pollution of international watercourses; and 3) international responsibility for environmental hazards. It concludes by expressing the hope that the Commission will further study, codify and develop international environmental law

Environmental law. Important laws and ordinances for environmental protection. As of July 1, 1989. 5. rev. and enlarged ed.

International Nuclear Information System (INIS)

1989-01-01

This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment.The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (orig.) [de

INFLUENCE OF INTERNATIONALIZATION OF TAX LAW ON RUSSIAN TAX LAW ENFORCEMENT IN THE AREA OF CORPORATE TAXATION

Directory of Open Access Journals (Sweden)

Karina Ponomareva

2017-01-01

Full Text Available Subject. The influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation is considered in the article.The purpose of the paper is to analyze influence of internationalization of tax law on Russian tax law enforcement in the area of corporate taxation.Methodology. The author uses methods of theoretical analysis, particularly the theory of integrative legal consciousness, as well as legal methods, including formal legal method and methods of comparative law.Results, scope of application. The development of Russian tax legislation is influenced by acts of international organizations, primarily the Action Plan aimed at combating base erosion and profit shifting (BEPS.Trends of regulation of corporate taxation in relationships with participation of a foreign element are considered in the article. The main issues of realization of norms in the area of corporate direct taxation are brought into light, and namely, taxation of royalties, intra-group expenses, thin capitalization rules and transfer pricing. Tax agreements concluded by the Russian Federation do not contain special rules aimed at combating abuses (in contrast, for example, from European anti-avoidance rules.In recent years Russian tax law introduced institutions that had been established and applied in the tax law of foreign countries. These processes are moving forward and are characterized by frequent changes of legislation, which indicates that the concept of deoffshorization and implementation of the BEPS plan is not always elaborated at the stage of adoption of bills.Conclusions. The author comes to the conclusion that the most relevant and most controversial issues are taxation of payment of royalties, debt financing and intra-group expenses. The practice of applying the CFC rules is just starts forming. In addition, there is a tendency to increase the quality and quantity of information sources used by tax authorities to collect

75 FR 38999 - Federal Perkins Loan Program: Federal Family Education Loan Program and William D. Ford Federal...

Science.gov (United States)

2010-07-07

..., or Direct Loan Program, excluding PLUS loans made under the FFEL and Direct Loan Programs to parents... that repaid a parent PLUS loan. Employee means an individual who, under Federal tax law, is considered... Internal Revenue Code. Involuntary separation due to misconduct means termination from [[Page 39001...

Energy transition in federalism; Energiewende im Foederalismus

Energy Technology Data Exchange (ETDEWEB)

Mueller, Thorsten; Kahl, Hartmut (eds.)

2015-07-01

The conference transcript assemble the presentations of the 10th Wuerzburg discussions for environmental energy law. The contributions discuss the political development objectives of the Federal Government and Federal States as well as the coordination tasks between the different political levels, inter alia, of constitutional and European law perspective. [German] Der Tagungsband versammelt die Vortraege der 10. Wuerzburger Gespraeche zum Umweltenergierecht. Die Beitraege eroertern die politischen Ausbauziele des Bundes und der Laender sowie die Koordinierungsaufgaben zwischen den verschiedenen Politikebenen u.a. aus verfassungs- und europarechtlicher Perspektive.

Introduction of ecologically based heavy vehicle charges for road haulage. Assessment from the angle of German constitutional law and EU law: models, constraints, design options. Study of the report 200 96 130 UBA-FB-000217; Umweltorientierte Schwerverkehrsabgaben aus der Sicht des Verfassungs- und Europarechts: Modelle, Restriktionen, Gestaltungsoptionen. Studie zum Forschungsbericht 200 96 130 UBA-FB-000217

Energy Technology Data Exchange (ETDEWEB)

Klinski, S.

2001-10-01

The document contains a study commissioned by the German Federal Environment Office, (UBA), investigating the legal basis as well as constraints of new, ecologically based legislation envisaged by the German Federal Government for the transport sector. To put it in a nutshell: introduction of a kilometer-based road user charge for heavy goods vehicles, toll levels to be varied by vehicle weight and emission standards. Compliance with German constitutional law and the relevant law of the European Union is examined, and foreseeable non-compliance issues and conflicts in law are shown. Approaches will be outlined for solving legal obstacles by amending the German constitutional law and/or EU law and harmonizing the two legal systems. (orig./CB) [German] Aufgabe der Untersuchung ist es, im Einzelnen zu analysieren, welche Moeglichkeiten das uebergeordnete Verfasssungs- und Europarecht bereit haelt, um eine fuer das Territorium der Bundesrepublik geltende Schwerverkehrsabgabe zu erheben und diese moeglichst so auszugestalten, dass ein Maximum an umweltpolitisch motivierten Lenkungswirkungen und ein Minimum an umweltpolitisch bedenklichen Fehlsteuerungen erreicht werden kann. Soweit sich auf den beiden Ebenen des Verfassungs- und Euoparechts aus umweltpolitischer Sicht problematiche Restriktionen ergeben, werden Moeglichkeiten zur Aenderung des uebergeordneten Rechts erwogen. (orig./CB)

15 CFR 291.6 - Additional requirements; Federal policies and procedures.

Science.gov (United States)

2010-01-01

... and Foreign Trade NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT OF COMMERCE NIST... requirements; Federal policies and procedures. Recipients and subrecipients are subject to all Federal laws and Federal and Department of Commerce policies, regulations, and procedures applicable to Federal financial...

32 CFR 644.440 - Application of antitrust laws.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Application of antitrust laws. 644.440 Section... Application of antitrust laws. Section 207 of the Federal Property Act provides that real property and related... the antitrust laws. Prior to obligating the Government on any such disposal, the District Engineer...

Law status of journalists and bloggers in the newest information legislation of Russian Federation

Directory of Open Access Journals (Sweden)

Kapustina Anna Georgievna

2015-03-01

Full Text Available The author carries out a comparative analysis of Russian national rights and responsibilities of journalists and bloggers, distinguishes fundamental differences in the legal status of the subject of information relations, determines the trend of development of the Russian legislation activity regulation of participants of information relations in the Russian segment of the Internet. On August 1, 2014 the Law on bloggers entered into force that, on the one hand fixed the differences between journalism as a profession and the blogosphere as a kind of social activity. On the other hand, at the legislative level it has solved the problem of the responsible attitude to bloggers - often influential and popular sources of information - to the broadcasting of messages. It is obvious that in Russian Federation it is being actively formed a system of legal regulation of information relations on the Internet, existed for many years legal gaps in this area are gradually disappearing.

5 CFR 1201.125 - Administrative law judge.

Science.gov (United States)

2010-01-01

... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

Law Enforcement Support Office (LESO) 1999 National Conference

National Research Council Canada - National Science Library

Lytle, Michael

1999-01-01

The Law Enforcement Support Office (LESO) national conference was a three-day forum to inform and update federal, state and local law enforcement agents, of the DoD role supporting the National Drug Control Strategy...

30 CFR 906.30 - State-Federal cooperative agreement.

Science.gov (United States)

2010-07-01

.... Resolve conflicts and difficulties between other Federal agencies in a timely manner. 3. As soon as.... Publish notices of NEPA documents as required by Federal law and regulations. 5. Take the leadership role...

Relevance of international humanitarian law to the deployment of ...

African Journals Online (AJOL)

Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 6 (2015) >. Log in or Register to get access to full text downloads.

12 CFR 34.4 - Applicability of state law.

Science.gov (United States)

2010-01-01

... laws that obstruct, impair, or condition a national bank's ability to fully exercise its Federally... exercise of national banks' real estate lending powers: (1) Contracts; (2) Torts; (3) Criminal law; 2 2 But... and transfer of real property; (7) Taxation; (8) Zoning; and (9) Any other law the effect of which the...

Need for consent of a law extending the operating life of nuclear power plants

International Nuclear Information System (INIS)

Degenhart, Christoph

2010-01-01

The article deals with the question whether a law extending nuclear power plant life beyond the residual periods of time laid down in the law of April 22, 2002 requires consent of the Federal Council. The Atomic Energy Act needed the consent of the Federal Council pursuant to Article 87c, Basic Law, as its Section 24 determines that central functions of licensing and supervision be exercised by the federal states on behalf of the Federal Government. This has not changed after the current version of the norm. Increasing the residual quotas of electricity by amending Annex 3 of Sec.7, Para.1a, Atomic Energy Act, per se does not require consent. This is a substantive provision. Sec.24, Atomic Energy Act, does not need to be amended. The Federal Council, which consented to the original legislation, thus does not bear continued responsibility for the law. Every law must be treated as a separate entity in terms of legislative method. The Federal Council, with its first consent to the piece of legislation, ''approves'' this systemic shift. Renewed consent is required only in case of another systemic shift. This is the case when the provision about administrative responsibility takes on a very different meaning and impact no longer supported by the earlier consent. According to decisions by the Federal Constitutional Court, this expressly applies also to administration by commission. What is required is a comparison of administrative duties before and after entry into force of the amending law; mere quantitative shifts of administrative burdens do not cause a systemic shift. Whether the inclusion of backfitting obligations would be associated with regulations in administrative procedures has not been decided. In its ruling of May 4, 2010, the Federal Constitutional Court confirms that these do not require consent within the framework of Art.85 Para.1, Basic Law. (orig.)

Rule of law and legal epistemology

NARCIS (Netherlands)

Tjong Tjin Tai, Eric; Feteris, Eveline; Kloosterhuis, Harm; Plug, José; Smith, Carel

2016-01-01

In the positivistic conception of law, sources of law (statute, precedent) are strictly distinguished from other legal materials such as doctrine. Courts as well as academia are, however, beginning to recognise the legal relevance of doctrine and case law of lower courts. This acceptance of such

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment; Atomaufsicht - Bundesauftragsverwaltung oder Bundeseigenverwaltung? Aus der Sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Renneberg, W. [BMU, Bonn (Germany)]|[BMU, Berlin (Germany)

2005-07-01

The problem of the nuclear supervision, i.e. the question wether the federal executive administration can be considered a sustainable concept for the future within the framework of the atomic energy law is discussed in the paper. Without a complete refinancing of the nuclear supervision it is not possible to develop or at least keep a scientific and technical competence within the federal administration. In this context the results of the Kienbaum survey are reported. The objections and concerns with respect to the discussed federal self-administration model as alternative include possibly required changes of the constitutional law, aggravation of the loss of competence, the future of radiation protection, and interfaces to other fields of law, like emergency management.

31 CFR 800.102 - Effect on other law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Effect on other law. 800.102 Section... TAKEOVERS BY FOREIGN PERSONS General § 800.102 Effect on other law. Nothing in this part shall be construed..., or review provided by or established under any other provision of federal law, including the...

50 CFR 20.72 - Violation of State law.

Science.gov (United States)

2010-10-01

... export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.72 Violation of...

The Effects of Race and Sex Discrimination Laws

OpenAIRE

David Neumark; Wendy A. Stock

2001-01-01

The question of the effects of race and sex discrimination laws on relative economic outcomes for blacks and women has been of interest at least since the Civil Rights and Equal Pay Acts passed in the 1960s. We present new evidence on the effects of these laws based on variation induced first by state anti-discrimination statutes passed prior to the federal legislation and then by the extension of anti-discrimination prohibitions to the remaining states with the passage of federal legislation...

Gun laws and the involuntarily committed: a California road map.

Science.gov (United States)

Zahedi, Sohrab; Burchuk, Robert; Stone, David C; Kopelowicz, Alex

2009-01-01

The 2007 incident at Virginia Tech brought the question of gun ownership by the mentally ill to the forefront of public attention. Moreover, it underscored the potentially devastating consequences of the imperfect connection between federal and state laws that apply to the right of gun ownership by a psychiatric patient. The laws are complex, and, as demonstrated in this article, conflicting. We present a case report of an involuntarily committed patient in the state of California, and discuss details of state and federal laws that applied to him.

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...

31 CFR 91.14 - Penalties and other law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Penalties and other law. 91.14... CONDUCT IN OR ON THE BUREAU OF THE MINT BUILDINGS AND GROUNDS § 91.14 Penalties and other law. Whoever...). Nothing contained in the regulations in this part shall be construed to abrogate any other Federal laws or...

Relevance of the law of international organisations in resolving ...

African Journals Online (AJOL)

structures to resolve disputes between states. Uncertainty remains, however, on the availability of effective structures within the system to resolve disputes between international organisations. It is important to note that international organisations were, prior to 1945, not considered subjects of international law so as to be ...

Federalism and bioethics.

Science.gov (United States)

Von Hagel, Alisa

2014-01-01

The absence of comprehensive federal oversight of human biotechnologies in the United States continues to stimulate academic discourse on the relative merits of European-style regulatory agencies as compared to the current, decentralized approach. Many American bioethicists support the latter, maintaining that the key features of federalism--policy experimentation and moral pluralism--allows for the efficient regulation of these complex and contentious issues. This paper examines state-level regulation of oocyte donation to assess claims regarding the superiority of this decentralized regulatory approach. Further, this paper introduces an additional element to this examination of state law, which concerns the degree to which the health and safety of key participants is addressed at the state level. This inquiry assesses one facet of fertility medicine and biomedical research law, oocyte donation, an analysis that can be used to inform the broader discourse regarding the regulation of human biotechnologies and bioethical issues by the states.

16 CFR 0.14 - Office of Administrative Law Judges.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

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

Law no. 111/1996 on the safe deployment of nuclear activities was published in its original form in the Official Gazette of Romania, Part no. 267 of 29th October 1996. The complexity of this law prevents from performing a comprehensive analysis of the legal provisions thereof for which reason the author shall review only those aspects he consider to be relevant to the issues dealt with by this law. Furthermore, as the author intends his undertaking to be a comparative analysis of Law no. 111/1996 in its successive stages - from its issue till the present - he uses mostly the present tense even though the law has been amended and in some respects the changes are quite significant. The presentation contains the following three sections: 1. Passing of Law no. 111/1996 on the safe deployment of nuclear activities - a turning point in the development of the Romanian nuclear law; 2. The successive modifications of Law no. 111/1996 on safe deployment of nuclear activities; 3. Law no. 193/2003 for the modification and completion of Law no. 111/1996 on the safe deployment of nuclear activities - a key moment in the modernization of Romanian nuclear law and harmonization with the relevant international requirement. In conclusion, the issue of Law no. 111/1996 on safe deployment of nuclear activities represents a turning point in the development of Romanian nuclear law. From this moment on one may regard it as a modern area of the Romanian law, European in spirit. The pre-existent legal framework - namely the Law no. 61/1974 on the deployment of activities in the Romanian nuclear field - was no longer up to the existing standards and its replacement by a new, modern law, fully harmonized with the European and NATO accession requirements was a must. Such a new, European law was to fully guarantee the safe deployment of nuclear activities for exclusively peaceful purposes, so that the requirements regarding the nuclear safety, protection of professionally exposed personnel

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...

20 CFR 1002.2 - Is USERRA a new law?

Science.gov (United States)

2010-04-01

... reemployment rights for the past fifty years had been successful and that the large body of case law that had... regulations implementing the Act for Federal executive agencies (other than some Federal intelligence agencies). USERRA established a separate program for employees of some Federal intelligence agencies. ...

The Atomic Law, the German Bundesrat and the administrative organisation

International Nuclear Information System (INIS)

Burgi, Martin

2011-01-01

Soon, the Federal Constitutional Court (Karlsruhe, Federal Republic of Germany) will deal with both the Eleventh Amendment of the Atomic Energy Act effecting the extension of the operating period of nuclear power plants as well as with the Twelfth Amendment of the Atomic Energy Act which in particular contains some security-related regulations due to European legal occasion. The emphasis is on the Article 87c of the Basic Law. According to Article 87c of the Basic Law, the legislation in the field of nuclear law requires the consent of the German Bundesrat. The possible of approval of both laws is subject to certain administrative organization legal circumstances. The sober investigation and evaluation of these circumstances in the context of Article 83 et seq. of the Basic Law results to the conclusion that the two amending laws do not require the consent of the German Bundesrat.

Federalism as an Instrument for Unity and the Protection of Minorities

African Journals Online (AJOL)

Legesse Tigabu Mengie

principles of federalism across these federal systems cannot be done in a single ... 2 Michael Burgess (2006), Comparative Federalism: Theory and Practice, Routledge, pp. ... A federal system is also different from other forms of association like ... though the FDRE Constitution prevails over all federal and state laws and.

Environmental law. 6. rev. and enlarged ed.

International Nuclear Information System (INIS)

1991-01-01

This pocketbook contains major federal regulation on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environments law is devided as follows: Constitutional law on the environment. Common administative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters waste management, protection against nuisances, nuclear energy are radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. The transitional provisons required for estaslishing the unified Germany are given in an annex. (orig.) [de

Federal government information handbook formerly utilized sites remedial action program

International Nuclear Information System (INIS)

1980-01-01

This volume is one of a series produced under contract with the DOE, by Politech Corporation to develop a legislative and regulatory data base to assist the FUSRAP management in addressing the institutional and socioeconomic issues involved in carrying out the Formerly Utilized Sites Remedial Action Program. This Information Handbook series contains information about all relevant government agencies at the Federal and state levels, the pertinent programs they administer, each affected state legislature, and current Federal and state legislative and regulatory initiatives. This volume is a compilation of information about the Federal Government. It contains: a summary of the organization and responsibilities of agencies within the executive branch of the Federal government which may be relevant to FUSRAP activities; a brief summary of relevant Federal statutes and regulations; a description of the structure of the US Congress, identification of the officers, relevant committees and committee chairmen; a description of the Federal legislative process; a summary of legislation enacted and considered in the recently-adjourned 96th Congress; a description of the Federal budgetary process; a summary of the Carter Administration's comprehensive radioactive waste management program; and excerpts from the text of relevant Federal statutes and regulations

Federal government information handbook: formerly utilized sites remedial action program

International Nuclear Information System (INIS)

1980-01-01

This volume is one of a series produced under contract with the DOE, by Politech Corporation to develop a legislative and regulatory data base to assist the FUSRAP management in addressing the institutional and socioeconomic issues involved in carrying out the Formerly Utilized Sites Remedial Action Program. This Information Handbook series contains information about all relevant government agencies at the Federal and state levels, the pertinent programs they administer, each affected state legislature, and current Federal and state legislative and regulatory initiatives. This volume is a compilation of information about the Federal Government. It contains a summary of the organization and responsibilities of agencies within the executive branch of the Federal government which may be relevant to FUSRAP activities; a brief summary of relevant Federal statutes and regulations; a description of the structure of the US Congress, identification of the officers, relevant committees and committee chairmen; a description of the Federal legislative process; a summary of legislation enacted and considered in the recently-adjourned 96th Congress; a description of the Federal budgetary process; a summary of the Carter Administration's comprehensive radioactive waste management program; and excerpts from the text of relevant federal statutes and regulations

Federal government information handbook: formerly utilized sites remedial action program

Energy Technology Data Exchange (ETDEWEB)

1980-12-31

This volume is one of a series produced under contract with the DOE, by Politech Corporation to develop a legislative and regulatory data base to assist the FUSRAP management in addressing the institutional and socioeconomic issues involved in carrying out the Formerly Utilized Sites Remedial Action Program. This Information Handbook series contains information about all relevant government agencies at the Federal and state levels, the pertinent programs they administer, each affected state legislature, and current Federal and state legislative and regulatory initiatives. This volume is a compilation of information about the Federal Government. It contains a summary of the organization and responsibilities of agencies within the executive branch of the Federal government which may be relevant to FUSRAP activities; a brief summary of relevant Federal statutes and regulations; a description of the structure of the US Congress, identification of the officers, relevant committees and committee chairmen; a description of the Federal legislative process; a summary of legislation enacted and considered in the recently-adjourned 96th Congress; a description of the Federal budgetary process; a summary of the Carter Administration's comprehensive radioactive waste management program; and excerpts from the text of relevant federal statutes and regulations.

32 CFR 644.542 - Application of anti-trust laws.

Science.gov (United States)

2010-07-01

... 32 National Defense 4 2010-07-01 2010-07-01 true Application of anti-trust laws. 644.542 Section... PROPERTY REAL ESTATE HANDBOOK Disposal Sale Procedure § 644.542 Application of anti-trust laws. The Federal... tend to create or maintain a situation inconsistent with the anti-trust laws. Prior to obligating the...

View points on a not well known law, the nuclear law

International Nuclear Information System (INIS)

Arbousset, Herve; Lahorgue, Marie-Beatrice; Rambour, Muriel; Schellenberger, Thomas

2018-01-01

While indicating the relevant French decrees and laws which have been building up what can be called the nuclear law, this article first proposes a discussed overview of the evolution of this law between a decree published in 1963 and the law on energy transition, while noticing what went in the USA in this respect. Based on the example of the project of geological storage of nuclear wastes, the authors outline that this nuclear law is evolving out of standards as it is evolves in order to fit with the project, and not the other way. Therefore democratic anchoring is rather fragile. The author outlines the influence of new threats related to terrorism and their influence on the nuclear law. They also comment the issue of compensation for victims of French nuclear tests in Algeria and in French Polynesia, and notice that hope has been followed by disillusion and questions

Federal energy conservation programs pursuant to section 381 of the Energy Policy and Conservation Act (Public Law 94-163). Annual report to Congress

Energy Technology Data Exchange (ETDEWEB)

1979-02-21

This report provides an overview of the activities and achievements of the executive branch of the Federal Government in implementing the energy conservation requirements and provisions of section 381 of the Energy Policy and Conservation Act (EPCA) of 1975 (Public Law 94-163). The report describes Federal actions to develop procurement policies that promote energy conservation and efficiency, develop a Federal 10-Year Buildings Energy Conservation Plan, develop responsible public education and information programs, encourage energy conservation and energy efficiency, and promote vanpooling and carpooling arrangements. About half of the Nation's energy is used in our homes and automobiles. Another 48 percent is used by State and local governments, business and insutry, in providing needed goods and services. The Federal Government is the Nation's largest energy user, accouting for 2.2 percent of the total national energy used in 1977. This energy is used by nearly 6 million people in more than 400 thousand buildings and in the operation of more than 600 thousand vehicles. While energy conservation and energy efficiency measures alone cannot solve our immediate problems, they are an essential part of our transition to an era of scarce and expensive energy supplies.

Conservation Law Enforcement Program Standardization

National Research Council Canada - National Science Library

Rogers, Stan

2004-01-01

The ultimate goal of standardization is to develop a safe and effective program that is recognized within the USAF, DoD, and by other Federal and state law enforcement agencies, and the general public...

Ninth German symposium on atomic energy law

International Nuclear Information System (INIS)

Lukes, R.; Birkhofer, A.

1991-01-01

The symposium dealt with the forthcoming amendment to the Atomic Energy Law. There was an introductory presentation of the plans of the Federal Government for the amendment the aims attached to the amendment as seen by the Social Democratic Party and the revival of the nuclear option. The topics of the five work sessions were: questions concerning constitutional law - Laender administration on behalf of the Federal Government - subordinate legislation in the system of energy law; legislation on liability; financial security financing of decommissioning; licensing, supervision, retrofitting; waste disposal, ultimate waste disposal, fuel cycle. All lectures held in the work sessions and the reports on the discussions following them are included. Finally the amendment project was considered from the technological point of view and a resume was drawn. All 22 lectures have been seperately prepared for retrieval from the database. (HSCH) [de

Affirmative Action in Federal Employment: Reconciling Government Policy with Federal Law and the Constitution

National Research Council Canada - National Science Library

Willson, Stephanie

2003-01-01

...), "Instructions for the Development and Submission of Federal Affirmative Employment Multi-Year Program Plans, Annual Accomplishment Reports, and Annual Plan Updates for FY 1988 through FY 1992" MD...

Site provision planning for nuclear power plants and other large-scale projects with environmental relevance in the FRG

International Nuclear Information System (INIS)

Blumel, W.

1977-01-01

As regards conflicts in interest in connection with site planning and site decisions, the author evolves the following theses: 1) Site provision planning by the Federal Government as in Baden-Wuerttemberg and North Rhine-Westphalia; 2) clarification of the Federal Government's competences; 3) prompt and adequate participation of those concerned; 4) increased influence of the Federal Government, e.g. basic site planning by the Federal government and authority of the Federal government to issue directives (section 85 Basic Law) to the Laender regarding site provision planning; 5) solutions to the problems of citizen participation and the question of legal protection; 6) standardization of a design and hearing procedure at an early date within the area planning laws of the Federal government, the area planning laws to be open to further development. (HP) [de

Islamic law of tort

OpenAIRE

Mohamad, Abdul Basir Bin

1997-01-01

The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

International Nuclear Information System (INIS)

Anon.

1984-01-01

The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP) [de

77 FR 58150 - Granting of Relief; Federal Firearms Privileges (2011R-13T)

Science.gov (United States)

2012-09-19

... the disabilities imposed by Federal laws by the Director of ATF with respect to the acquisition...: The Attorney General is responsible for enforcing the provisions of the Gun Control Act of 1968 (GCA... subsidiary of NGC), is granted relief from the disabilities imposed by Federal laws with respect to the...

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

Overview of hazardous-waste regulation at federal facilities

International Nuclear Information System (INIS)

Tanzman, E.; LaBrie, B.; Lerner, K.

1982-05-01

This report is organized in a fashion that is intended to explain the legal duties imposed on officials responsible for hazardous waste at each stage of its existence. Section 2 describes federal hazardous waste laws, explaining the legal meaning of hazardous waste and the protective measures that are required to be taken by its generators, transporters, and storers. In addition, penalties for violation of the standards are summarized, and a special discussion is presented of so-called imminent hazard provisions for handling hazardous waste that immediately threatens public health and safety. Although the focus of Sec. 2 is on RCRA, which is the principal federal law regulating hazardous waste, other federal statutes are discussed as appropriate. Section 3 covers state regulation of hazardous waste. First, Sec. 3 explains the system of state enforcement of the federal RCRA requirements on hazardous waste within their borders. Second, Sec. 3 discusses two peculiar provisions of RCRA that appear to permit states to regulate federal facilities more strictly than RCRA otherwise would require

Overview of hazardous-waste regulation at federal facilities

Energy Technology Data Exchange (ETDEWEB)

Tanzman, E.; LaBrie, B.; Lerner, K.

1982-05-01

This report is organized in a fashion that is intended to explain the legal duties imposed on officials responsible for hazardous waste at each stage of its existence. Section 2 describes federal hazardous waste laws, explaining the legal meaning of hazardous waste and the protective measures that are required to be taken by its generators, transporters, and storers. In addition, penalties for violation of the standards are summarized, and a special discussion is presented of so-called imminent hazard provisions for handling hazardous waste that immediately threatens public health and safety. Although the focus of Sec. 2 is on RCRA, which is the principal federal law regulating hazardous waste, other federal statutes are discussed as appropriate. Section 3 covers state regulation of hazardous waste. First, Sec. 3 explains the system of state enforcement of the federal RCRA requirements on hazardous waste within their borders. Second, Sec. 3 discusses two peculiar provisions of RCRA that appear to permit states to regulate federal facilities more strictly than RCRA otherwise would require.

41 CFR 102-74.426 - May a woman breastfeed her child in a Federal building or on Federal property?

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false May a woman breastfeed... woman breastfeed her child in a Federal building or on Federal property? Yes. Public Law 108-199, Section 629, Division F, Title VI (January 23, 2004), provides that a woman may breastfeed her child at...

Federally mandating motorcycle helmets in the United States.

Science.gov (United States)

Eltorai, Adam E M; Simon, Chad; Choi, Ariel; Hsia, Katie; Born, Christopher T; Daniels, Alan H

2016-03-09

Motorcycle helmets reduce both motorcycle-related fatalities and head injuries. Motorcycle crashes are a major public health concern which place economic stress on the U.S. healthcare system. Although statewide universal motorcycle helmet laws effectively increase helmet use, most state helmet laws do not require every motorcycle rider to wear a helmet. Herein, we propose and outline the solution of implementing federal motorcycle helmet law, while addressing potential counterarguments. The decision to ride a motorcycle without a helmet has consequences that affect more than just the motorcyclist. In an effort to prevent unnecessary healthcare costs, injuries, and deaths, public health efforts to increase helmet use through education and legislation should be strongly considered. Helmet use on motorcycles fits squarely within the purview of the federal government public health and economic considerations.

16 CFR 305.23 - Effect on other law.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Effect on other law. 305.23 Section 305.23 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULE CONCERNING... Effect on other law. This regulation supersedes any State regulation to the extent required by section...

16 CFR 240.2 - Applicability of the law.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Applicability of the law. 240.2 Section 240.2 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.2 Applicability of the law. (a) The...

The pricing relevance of insider information; Die Preiserheblichkeit von Insiderinformationen

Energy Technology Data Exchange (ETDEWEB)

Kruse, Dominik

2011-07-01

The publication attempts to describe the so far discussion concerning the feature of pricing relevance and to develop it further with the aid of new research approaches. First, a theoretical outline is presented of the elementary regulation problem of insider trading, its historical development, and the regulation goals of the WpHG. This is followed by an analysis of the concrete specifications of the law. In view of the exemplarity of US law, a country with long experience in regulation of the capital market, the materiality doctrine of US insider law is gone into in some detail. The goals and development of the doctrine are reviewed in the light of court rulings. The third part outlines the requirements of German law in order to forecast the pricing relevance of insider information, while the final part presents a critical review of the current regulations on pricing relevance. (orig./RHM)

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

Acoustofluidics 10: Scaling laws in acoustophoresis

DEFF Research Database (Denmark)

Bruus, Henrik

2012-01-01

In Part 10 of the thematic tutorial series “Acoustofluidics – exploiting ultrasonic standing waves forces and acoustic streaming in microfluidic systems for cell and particle manipulation”, we present and analyze a number of scaling laws relevant for microsystem acoustophoresis. Such laws...

78 FR 62367 - Changes To Implement the Patent Law Treaty

Science.gov (United States)

2013-10-21

... Office 37 CFR Parts 1, 3 and 11 Changes To Implement the Patent Law Treaty; Final Rule #0;#0;Federal... 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends...

The Treaty of Maastricht and energy law

International Nuclear Information System (INIS)

Tettinger, P.J.; Pielow, J.C.

1994-01-01

In December 1993 a German-Spanish colloquy on topical questions of community law as well as national and supra-national energy law was held at the Institute of Mining and Energy Law at Bochum. Discussions centered around the constitutional issues surrounding the treaty establishing the European Union of 7th February 1992, which came into force on 1st November 1993, and its implications for the national regulatory systems in the energy economy. Against this background the most recent developments in energy law and energy policy in Spain and the Federal Republic of Germany were described. (orig./HP) [de

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment

International Nuclear Information System (INIS)

Cloosters, W.

2005-01-01

The paper is focussed on the organization of the supervising authorities in the framework of the atomic energy law in Germany. The topics discussed include the distribution of administrative competences within the nuclear supervision, the practical experience of nuclear reactor supervision, the considerations of transferring the nuclear supervision from the federal executive administration into a federal self-administration, and an evaluation of the reform considerations

Order to initiate a plan approval procedure under atomic energy law - final waste disposal site Salzgitter ('Konrad' pit)

International Nuclear Information System (INIS)

Anon.

1991-01-01

The extend and limits up to which an order under Article 85 III of the Basic Law is binding follows directly from the competential rights the Basic Law assigns to the Federal Government and the state governments. An infringement of these rights can only be asserted before the Federal Constitutional Court as a Federal Government-State Government conflict. 2. On the interpretation and application of Article 85 III of the Basic Law. (orig.) [de

Business Law

OpenAIRE

Marson, James; Ferris, Katy

2016-01-01

Marson & Ferris provide a thorough account of the subject for students. Essential topics are introduced by exploring current and pertinent examples and the relevance of the law in a business environment is considered throughout. This pack includes a supplement which considers the effects of the Consumer Rights Act 2015.

Atomic energy laws in Germany

International Nuclear Information System (INIS)

Lukes, R.H.P.

1980-01-01

The regulations of German atomic energy laws are based in large on the fundamental law of the Federal Republic of Germany-the constitution. Atomgesetz of 1959, as amended on October 31, 1976, constitutes the core of atomic energy laws (Atomrecht), and is supplemented by orders (Verordnungen). The Federal Republic has the right to legislate Atomrecht, and the enforcement of such laws and orders is entrusted to each province. The peaceful uses of radioactive materials are stipulated by Atomgesetz and orders. Atomgesetz seeks two objects, first it is to enable the handling of radioactive substances for the acquisition of energy, medical treatment, food treatment and the harmless examination of things by radioactive materials, and secondly to ensure the protection from danger in the handling of such materials. The control of radioactive materials by the state including imports and exports, storage and possession, disposal and processing, etc., is established by the law to secure the protection from danger of atomic energy. The particular indemnification responsibility for the harm due to radiation is defined in Atomgesetz, and only the owners (Inhaber) of atomic energy facilities are liable for damage. The violation of the regulations on the transaction of radioactive materials is punished by fines up to 100,000 German marks of imprisonment of less than five years. Orders are established on roentgen ray, the protection from radiation, the treatment of foods by electron beam, gamma ray, roentgen ray or ultraviolet ray and the permission of medicines. The regulations of the EURATOM treaty have legality as Atomrecht. (Okada, K.)

76 FR 72023 - Notice of Meeting of the Advisory Committee on International Law

Science.gov (United States)

2011-11-21

... International Law A meeting of the Advisory Committee on International Law will take place on Thursday, December 8, 2011, from 9:30 a.m. to approximately 5:30 p.m., at the George Washington University Law School...; federalism and international law; and the possibility of a new Restatement of Foreign Relations Law. Members...

20 CFR 404.952 - Consolidated hearing before an administrative law judge.

Science.gov (United States)

2010-04-01

... before us. (2) If the administrative law judge decides to hold the hearing on both claims, he or she... law judge. 404.952 Section 404.952 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.952 Consolidated hearing before an...

48 CFR 252.222-7002 - Compliance with local labor laws (overseas).

Science.gov (United States)

2010-10-01

... labor laws (overseas). 252.222-7002 Section 252.222-7002 Federal Acquisition Regulations System DEFENSE... CLAUSES Text of Provisions And Clauses 252.222-7002 Compliance with local labor laws (overseas). As prescribed in 222.7201(a), use the following clause: Compliance with Local Labor Laws (Overseas) (JUN 1997...

48 CFR 52.233-4 - Applicable Law for Breach of Contract Claim.

Science.gov (United States)

2010-10-01

... Provisions and Clauses 52.233-4 Applicable Law for Breach of Contract Claim. As prescribed in 33.215(b), insert the following clause: Applicable Law for Breach of Contract Claim (OCT 2004) United States law... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Applicable Law for Breach...

12 CFR 591.3 - Loans originated by Federal savings associations.

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Loans originated by Federal savings... PREEMPTION OF STATE DUE-ON-SALE LAWS § 591.3 Loans originated by Federal savings associations. (a) With regard to any real property loan originated or to be originated by a Federal savings association, as a...

27 CFR 46.94 - Relation to State and municipal law.

Science.gov (United States)

2010-04-01

... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

The concession contractual quantity limit agreements in the light of energy law and cartel law; Konzessionsvertragliche Mengengrenzvereinbarungen im Lichte von Energierecht und Kartellrecht

Energy Technology Data Exchange (ETDEWEB)

Hoech, Thomas; Kalwa, Feh [Kanzlei Hoech und Partner, Dortmund (Germany)

2009-12-15

In the year 2009, the Federal Cartel Office (Bonn, Federal Republic of Germany) reached to two decisions on the cartel legal validity of quantity limit agreements in franchise agreements and on their handling with the survey and calculation of concession deliveries. In both cases, the Federal Cartel Office proceeds from an offence against paragraph 19 sect. 1 GWB (law against the restriction of competition) and paragraph 19 sect. 2 GWB. Under this aspect, the authors of the contribution under consideration report on different legal questions. The question arises whether paragraph 19 GWB is applicable to the decided facts at all, or whether the exclusion regulation paragraph 111 sect. 1 of the Energy Economy Law (EnWG) intervenes. The authors describe the right of concession delivery and the two resolutions of the Federal Cartel Office. Afterwards, these resolutions are appreciated regarding to the raised legal questions.

Abortion law across Australia--A review of nine jurisdictions.

Science.gov (United States)

de Costa, Caroline; Douglas, Heather; Hamblin, Julie; Ramsay, Philippa; Shircore, Mandy

2015-04-01

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law. © 2015 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

A proposal for amending administrative law to facilitate adaptive management

Science.gov (United States)

Craig, Robin K.; Ruhl, J.B.; Brown, Eleanor D.; Williams, Byron K.

2017-01-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states' parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized 'adaptive management track' of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

Legal protection against instructions in the execution of Federal atomic energy laws

International Nuclear Information System (INIS)

Winter, G.

1985-01-01

The distribution of competencies between Federal Government and Land Governments with regard to nuclear installations licensing has been characterized until recently by a cooperative approach. The Federal Government used to give a statement prior to the first partial construction license and the first partial operating license, but the statements never had the character of instructions. The problem discussed in the contribution in hand arose when some of the Land Governments started to develop opinions and strategies in atomic energy policy that are contradictory to the policy adopted by the Federal Government, so that the question now to be answered is whether and to what extent a Land may claim judicial protection against instructions of the Federal Government. Two aspects are discussed: When is an instruction unlawful, and if so, is there the possibility of resorting to the courts, and to which court. The author makes a distinction between self-created unlawfulness of instructions, and unlawfulness created by third parties. In the first case, the author states the Federal Constitutional Court to be competent, in the latter case the Federal Administrative Court. (orig./HSCH) [de

46 CFR 560.5 - Receipt of relevant information.

Science.gov (United States)

2010-10-01

... 46 Shipping 9 2010-10-01 2010-10-01 false Receipt of relevant information. 560.5 Section 560.5... FOREIGN PORTS § 560.5 Receipt of relevant information. (a) In making its decision on matters arising under... submissions should be supported by affidavits of fact and memorandum of law. Relevant information may include...

Relevancy of Law No. 10 Year 2009 about Tourism Towards Creative Economy as a New Platform Of Tourism Development in Indonesia

Directory of Open Access Journals (Sweden)

Akiko Nada Atsmara

2014-01-01

Full Text Available It is necessary for human beings to become as creative as possible in order to maintain their viability. It can be said that human creativity emerges ever since the existence of humans on planet earth itself. Since year 2011 until now, Indonesia is the only country in the world having a big institution that uses the term creative economy that is the Ministry of Tourism and Creative Economy, formerly known as Ministry of Culture and Tourism. The emergence of the term Creative Economy itself hints that within the tourism development in Indonesia, the government is seeking to optimize creative economy sector, besides the country’s natural and cultural heritage. On the other hand, up until now Indonesia still uses the Law No. 10 Year 2009 about Tourism as a platform in Indonesia’s tourism development. This matter of course brings up challenges about several issues such as why does the government of Indonesia emphasizes on creative economy in their tourism development and is Law No. 10 Year 2009 about Tourism still relevant towards the development of creative economy in Indonesia. This research is based on a qualitative type, descriptive approach, and emphasize on the literature study.Keywords: Law No. 10 Year 2009, Creative Economy, Tourism Development

German nuclear law day 2004 - a conference report

International Nuclear Information System (INIS)

Anon.

2005-01-01

Topical issues of nuclear law constituted the main subjects discussed at the 2004 German Nuclear Law Day organized in Berlin on November 11 to 12, 2004. The agenda included actual issues potentially arising from the topics final storage of nuclear waste, financing a new site search for a repository, and supervision of nuclear installations. Experts from the administration of justice, the federal and state governments, law offices, universities, and the industry discussed the matters in 14 lectures. (orig.)

76 FR 47288 - Notice of Final Federal Agency Actions on Proposed Highway in California

Science.gov (United States)

2011-08-04

... highway project will be barred unless the claim is filed on or before January 31, 2012. If the Federal law... following highway project in the State of California: The addition of bus rapid transit stations and... actions by the Federal agencies, and the laws under which such actions were taken, are described in the...

Safety requirements laid down in the Atomic Energy Law and in the Law on Immission Control

International Nuclear Information System (INIS)

Hansmann, K.

1981-01-01

The paper deals with safety requirements relating to installations, laid down in the Atomic Energy Law and in the Law on Immission Control. Actually it is a matter of how the safety requirements of sect. 7 of the Atomic Energy Law can be compared with those laid down in the sections 5 and 6 of the Federal Act for the Protection Against Nuisances. In the process, three comparative levels are examined: 1. The normative conditions concerning the licencability of hazardous installations, 2. those demands that go way beyond that in order to reduce residual risks, and 3. the licensing authorities' scope of discretion. (orig./HP) [de

E-health in Switzerland: The laborious adoption of the federal law on electronic health records (EHR) and health information exchange (HIE) networks.

Science.gov (United States)

De Pietro, Carlo; Francetic, Igor

2018-02-01

Within the framework of a broader e-health strategy launched a decade ago, in 2015 Switzerland passed a new federal law on patients' electronic health records (EHR). The reform requires hospitals to adopt interoperable EHRs to facilitate data sharing and cooperation among healthcare providers, ultimately contributing to improvements in quality of care and efficiency in the health system. Adoption is voluntary for ambulatories and private practices, that may however be pushed towards EHRs by patients. The latter have complete discretion in the choice of the health information to share. Moreover, careful attention is given to data security issues. Despite good intentions, the high institutional and organisational fragmentation of the Swiss healthcare system, as well as the lack of full agreement with stakeholders on some critical points of the reform, slowed the process of adoption of the law. In particular, pilot projects made clear that the participation of ambulatories is doomed to be low unless appropriate incentives are put in place. Moreover, most stakeholders point at the strategy proposed to finance technical implementation and management of EHRs as a major drawback. After two years of intense preparatory work, the law entered into force in April 2017. Copyright © 2017 The Author(s). Published by Elsevier B.V. All rights reserved.

29 CFR 825.702 - Interaction with Federal and State anti-discrimination laws.

Science.gov (United States)

2010-07-01

..., therefore, not an “eligible” employee under FMLA) may not be denied maternity leave if the employer normally..., DEPARTMENT OF LABOR OTHER LAWS THE FAMILY AND MEDICAL LEAVE ACT OF 1993 Effect of Other Laws, Employer... under that act. Thus, the leave provisions of the [FMLA] are wholly distinct from the reasonable...

The Relevance of Business Law Education for Future Accountants: A New Zealand Perspective

Science.gov (United States)

McCourt, Alison; Low, Mary; Tappin, Ella

2013-01-01

The importance of business law education is emphasised by the fact that there is a compulsory commercial law topic in the academic requirements for a chartered accountants' programme of study. However, researchers over time have pointed out that there was a gap between the legal awareness and understanding expected of graduate accountants and the…

Review and prospects of Atomic Energy Law

International Nuclear Information System (INIS)

Hartkopf, G.

1983-01-01

At the 7th German Symposium on Atomic Energy Law which took place on March 16th, 1983 in Goettingen the Undersecretary of State of the Federal Ministery of the Interior, Dr. Guenter Hartkopf, delivered the opening speech. The speech deals with the conditions set by constitutional law and ethics, improvement of nuclear liability, guide line for incident response, participation of the public in licensing procedures under atomic energy law, necessary measures to prevent damage, the concept of waste management. Also in future the safety of the citizens has absolute priority. (orig./HSCH) [de

Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

International Nuclear Information System (INIS)

Sellner, D.

1980-01-01

The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

Legislative duty of care in the context of the energy turnaround. Constitutional issues of the 13th amendment to the Nuclear Energy Law; Gesetzgeberische Sorgfaltspflichten bei der Energiewende. Verfassungsfragen der 13. AtG-Novelle

Energy Technology Data Exchange (ETDEWEB)

Degenhart, Christoph

2013-11-01

The present publication shows how the Thirteenth Law Amending the Nuclear Energy Law, whose enactment on 31 July 2011 (Federal Law Gazette I p. 1704), during the aftermath of the events of Fukushima, by accelerating the phaseout of nuclear energy, has given rise to a number of constitutional issues in regard to the manner in which it came about as well as to its content. The law is founded essentially on an observation made by the Ethics Commission called in by the Federal Chancellor that not the risk itself had changed but rather its perception. The present study, which is based on a legal opinion commissioned by E.ON AG, investigates whether this observation can legitimately serve as the foundation of such a momentous legislative decision and whether the legislature, in establishing the relevant facts of the case, acted within the bounds of its lawful capacity to make assessments and forecasts and hence in accord with its constitutional duties. It is dedicated to exploring whether the legislature made proper use of its discretionary powers, whether the law, with all its follow-on effects, does justice to the proportionality principle, and whether due consideration was given in its enactment to the constitutional requirement to weigh the arguments of a case against each other.

Firearm Safety Locks: Federal Agency Implementation of the Presidential Directive

National Research Council Canada - National Science Library

1998-01-01

... deaths among children ages 5 to 14. In order to have the federal government serve as an example of gun safety, the President required that a safety lock device be provided with each handgun issued to federal law enforcement officers...

Do coverage mandates affect direct-to-consumer advertising for pharmaceuticals? Evidence from parity laws.

Science.gov (United States)

Nathenson, Robert; Richards, Michael R

2018-01-29

Direct-to-consumer advertising (DTCA) for prescription drugs is a relatively unique feature of the US health care system and a source of tens of billions of dollars in annual spending. It has also garnered the attention of researchers and policymakers interested in its implications for firm and consumer behavior. However, few economic studies have explored the DTCA response to public policies, especially those mandating coverage of these products. We use detailed advertising expenditure data to assess if pharmaceutical firms increase their marketing efforts after the implementation of relevant state and federal health insurance laws. We focus on mental health parity statutes and related drug therapies-a potentially ripe setting for inducing stronger consumer demand. We find no clear indication that firms expect greater value from DTCA after these regulatory changes. DTCA appears driven by other considerations (e.g., product debut); however, it remains a possibility that firms respond to these laws through other, unobserved channels (e.g., provider detailing).

48 CFR 1253.222 - Application of labor laws to Government acquisitions.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Application of labor laws... DEPARTMENT OF TRANSPORTATION CLAUSES AND FORMS FORMS Prescription of Forms 1253.222 Application of labor laws... application of labor laws, as specified in (TAR) 48 CFR 1222.406-9: Form DOT F 4220.7, Employee Claim for Wage...

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.

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.

The promotion and control functions of atomic energy law

International Nuclear Information System (INIS)

Roser, T.

1998-01-01

The question about the purpose of atomic energy law may sound superfluous in Germany, a country where a highly differential legal framework for the peaceful utilization of nuclear power has existed for nearly 40 years in the Basic Law, the Atomic Energy Act, and its ordinances, and a comprehensive body of case laws. Yet, it is justified in view of the declared intention of the German federal government to establish an environmental code into which atomic energy law, hitherto an independent branch of the law, would be integrated, and it is justified also in view of persistent complaints that the present rules and regulations stifled investment activities. A look into some codes of law may help answer the question. Already in 1959, the authors of the Atomic Energy Act outlined the purposes of the legislation in relatively clear terms in Section 1. Besides the two foreign policy aspects of security and loyalty under treaties, which do not concern us in this connection, the key purposes of atomic energy law are stated there as promotion and protection. The protection purpose, which implies the need to protect life, health, and property from the hazards of nuclear energy and harmful effects of ionizing radiation, ranks second in the Act. In accordance with the ruling in 1972 of the Federal Administrative Court, however, it should rank at the top. (orig.) [de

Mexico - The Federal Procurement System : Challenges and Opportunities

OpenAIRE

World Bank

2007-01-01

The World Bank carried out the first country procurement assessment review (CPAR) jointly with the Government in 2001, focusing on the features and performance of the federal procurement system. Based on the action plan included in the 2001 CPAR, the government reformed federal procurement laws and regulations in 2005 and furthered the development of Government Procurement Electronic Syste...

European media law

NARCIS (Netherlands)

Castendyk, O.; Dommering, E.; Scheuer, A.

2008-01-01

European Union legislation concerning electronic communications media is firmly established as an essential part of the law in the field in Europe. From relevant provisions of the European Convention of Human Rights and the EC Treaty to numerous directives, the most recent being the Audiovisual

On the Rule of Law in the Context of Russian Foreign Policy

Directory of Open Access Journals (Sweden)

Elena Lukyanova

2015-01-01

Full Text Available The article is an attempt to analyze the Russian school of law features and history of development over the last century, characterized by the priority of the positivist theory of law over the natural law approach. In particular, the author examines the differences in interpretation of such concepts as ‘rule of law,’ ‘rule by law’ and ‘Law-Bound State’ by Russian and foreign lawyers and concludes that these concepts are mixed and misunderstood. Based on the differences of interpretation, the author concludes that there is a significant difference in mentality not only between Russian and foreign lawyers, but also between lawyers in Russia: law enforcers on the one hand and human rights activists, advocates and some independent scientists on the other and, consequently, there are specific criteria for the specialist selection in competent state bodies. As an example of the differences of interpretation, the author analyzes in detail the decision of the Russian Federation Constitutional Court of March 19, 2014, on the constitutionality of the Treaty between the Russian Federation and the Republic of Crimea on the admission of the Republic of Crimea into the Russian Federation and the establishment of new subjects within the latter.

Federalism and Health Care

Directory of Open Access Journals (Sweden)

G. Alan Tarr

2011-10-01

Full Text Available President Barack Obama proposed a major overhaul of the American healthsystem, and in 2010 the U.S. Congress enacted his proposal, the PatientProtection and Affordable Care Act. Opponents of the Act challenged itsconstitutionality in federal court, claiming that it exceeds the powers grantedto the federal government under the Commerce Clause and the NecessaryProper Clause of the federal Constitution. Some courts have upheldthe law, but others have agreed with the critics, in particular ruling thatthe provision requiring citizens to buy health insurance is unconstitutional.Eventually the U.S. Supreme Court will rule on the issue. This article tracesthe controversy, surveys the interpretation of pertinent constitutional provisionsin past cases, analyzes the constitutional arguments presented byproponents and opponents of the Act, and concludes that the Act is constitutional.

Constitutionalization of Peruvian Law

Directory of Open Access Journals (Sweden)

César Landa

2013-12-01

Full Text Available Constitutionalizaton of Law’s different areas is a phenomenon gradually more ingrained in our cultural and legal framework. Maybe the best demonstration is the increasingly prominent role of the Constitutional Court (TC – Constitution’s Supreme Interpreter – in defining and redefining concepts, rights and legal principles touching a range of subjects, from TaxLaw to Human Rights. This is relevant to understand the Law and its current effects whether it is valued positively or negatively.

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

International Nuclear Information System (INIS)

Lukes, R.; Feldmann, F.J.; Knueppel, H.C.

1980-01-01

This report gives a detailed account of the way risks and risk assessment are treated in civil law, criminal law and public law, with a special emphasis on industrial law, law on emission control and atomic energy law. The discussions mainly refer to probability of occurrence, relativity, limiting values, prevention of hazards, precautionary, safety measures, principles of radiological protection, list of accidents, 'residual risk', deterministic safety concept, probabilistic methods and the probabilistic approach in the legal system. As the determination of a standard of acceptability on the basis of probabilistic analyses is mainly a legal problem, and as this standard cannot be defined by technical experts in a legally binding way, it is to be regarded as a task of the legislature or the judicial authorities, e.g. the licensing authorities and the courts, which ought to accept this task and work out practicable solutions. This seems to be particularly true with regard to plant components and external effects. (orig./HSCH) [de

Mental health law profile: the United Arab Emirates.

Science.gov (United States)

Alhassani, Ghanem; Osman, Ossama T

2015-08-01

There are two federal laws in the UAE from 1981 that are specific to people with mental illnesses and disabilities. Efforts are presently being made to develop other laws addressing the protection of the vulnerable population, including women, children and the elderly. A new updated Mental Health Act is needed to keep in line with the UAE's major leaps achieved in healthcare.

Mental health law profile: the United Arab Emirates

OpenAIRE

Alhassani, Ghanem; Osman, Ossama T.

2015-01-01

There are two federal laws in the UAE from 1981 that are specific to people with mental illnesses and disabilities. Efforts are presently being made to develop other laws addressing the protection of the vulnerable population, including women, children and the elderly. A new updated Mental Health Act is needed to keep in line with the UAE’s major leaps achieved in healthcare.

Private law

DEFF Research Database (Denmark)

working and researching in the key areas of law, security and privacy in IT, international trade and private law. Now, in 2010 and some seven conferences later, the event moves to Barcelona and embraces for the first time the three conference tracks just described. The papers in this work have all been...... blind reviewed and edited for quality. They represent the contributions of leading academics, early career researchers and others from an increasing number of countries, universities and institutions around the world. They set a benchmark for discussion of the current issues arising in the subject area...... and continue to offer an informed and relevant contribution to the policy making agenda. As Chair of the Conference Committee, I am once more very proud to endorse this work "Private Law: Rights, Duties & Conflicts" to all those seeking an up to date and informed evaluation of the leading issues. This work...

The federal law of the Revenue Agency responsibility, the national oil industry and the determination of the average price of the Mexican mixture for export: implications and limitations; La ley federal de responsabilidad hacendaria, la industria petrolera nacional y la determinacion del precio promedio de la mezcla mexicana de exportacion: implicaciones y limitaciones

Energy Technology Data Exchange (ETDEWEB)

Baltierra, Lauro; Huerta, Carlos E.; Ruiz Alarcon, Fluvio Cesar [LX legislatura, Camara de Diputados, Mexico, D.F. (Mexico)

2006-11-15

The present article refers to the implications that result from the promulgation, in April, 2006, of the Ley Federal de Presupuesto y Responsabilidad Hacendaria (Federal Law of Budget and Revenue Agency Responsibility) in the national oil industry and in the country's economy, when allowing a financing process of the sector, as well as the implications that are originated of the immovable fixation of the petroleum price by legal enforcement. As this limits the constitutional powers of the House of Representatives when denying the faculty, that exerted until the expedition of the Law, of evaluating the estimations of the Federal Executive with respect to the average price of the Mexican mixture for export. In the first section a balance is made of how the Presupuesto de Egresos de la Federacion projects itself as an instrument to restrain the public investment in the oil sector. In the second section aspects related to the estimation of the oil price from the Ley Federal de Presupuesto y Resposabilidad Hacendaria (Federal Law of Budget and Revenue Agency Responsibility) are taken care of, indicating the inconsistency that means to establish a formula for the determination of the same. In the third section, the sub-valuation of the crude prices is addressed as a key factor for the discretional use of the oil surpluses. In the fourth section, the General Criteria of Economic Policy for year 2007 are analyzed, that according to the new Federal Law of Budget and Revenue Agency Responsibility was sent to the House of Representatives by the Federal Executive in the month of April. Finally, the estimations of the Mexican mixture for export for 2007 are presented, that to the consideration of the authors, will oscillate between 50 and 51 dollars as annual average. [Spanish] El presente articulo refiere las repercusiones que resultan de la promulgacion, en abril de 2006, de la Ley Federal de Presupuesto y Responsabilidad Hacendaria en la industria petrolera nacional y

European atomic (nuclear) law and Austria

International Nuclear Information System (INIS)

Heitzinger, R.

2000-05-01

The dissertation investigates the question, how the Austrian membership in the European Community works out to the Austrian Atomic Nonproliferation Law, which is a simple federal law. By the day of the Austrian accession to the European Community, the whole law of the European Community became part of the Austrian Legal Order. Also part of the primary right, the constitutional law of the European Community, is the contract for founding the European Atomic Energy Community, which also became part of the Austrian Legal Order. In 1978 Austria decided after the plebiscite of November the 5th against the opening of the nuclear power station in Zwentendorf. The result of this plebiscite was the Austrian Atomic Nonproliferation Law, a simple federal law from December the 15th, BGBl 676/1978. To continue their atomic politics, forbidding the use of nuclear powerstations for producing energy, after becoming a member of the European Community, Austria and the members of the European Community signed the Fourth Common Declaration at September the 23rd in 1993 for the use of the contract for founding the European Atomic Energy Community. This Common Declaration is neither a part of the accession of the contract, nor a part of the accessions to the acts of the contract of the European Community, and also not a part of the primary right of the European Community. It is only an agreement between the signatory states, which can be characterized as a part of the context. The sphere of the context, where the Fourth Common Declaration could be important, restrains to the secondary right of the European Community. This means, that the opinion on the rage of application is a decision of the executive bodies of the European Community. Consequently is to say, that the declaration, that the continuance of the Austrian Atomic Nonproliferation Law is save, can't resist an analysis in the law of nations. (author)

A proposal for amending administrative law to facilitate adaptive management

Science.gov (United States)

Craig, Robin K.; Ruhl, J. B.; Brown, Eleanor D.; Williams, Byron K.

2017-07-01

In this article we examine how federal agencies use adaptive management. In order for federal agencies to implement adaptive management more successfully, administrative law must adapt to adaptive management, and we propose changes in administrative law that will help to steer the current process out of a dead end. Adaptive management is a form of structured decision making that is widely used in natural resources management. It involves specific steps integrated in an iterative process for adjusting management actions as new information becomes available. Theoretical requirements for adaptive management notwithstanding, federal agency decision making is subject to the requirements of the federal Administrative Procedure Act, and state agencies are subject to the states’ parallel statutes. We argue that conventional administrative law has unnecessarily shackled effective use of adaptive management. We show that through a specialized ‘adaptive management track’ of administrative procedures, the core values of administrative law—especially public participation, judicial review, and finality— can be implemented in ways that allow for more effective adaptive management. We present and explain draft model legislation (the Model Adaptive Management Procedure Act) that would create such a track for the specific types of agency decision making that could benefit from adaptive management.

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement

International Nuclear Information System (INIS)

Renneberg, W.

2005-01-01

One year ago, Federal Minister for the Environment Juergen Trittin expressed doubt about the long-term viability of the federal states' acting on behalf of the federal government in the field of atomic energy law administration. An alternative to this type of administration was mentioned, namely direct execution by the feral government, and a thorough examination was announced. This was to show which type of administration would achieve maximum safety for the residual operating lives of nuclear power plants. Kienbaum Management Consultants were commissioned to evaluate the current status and potential alternative structures. That study was performed within the framework of one of the key projects in reactor safety of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), namely the reform of nuclear administration. Further steps to be taken by the BMU by the end of this parliamentary term are presented. The federal state are to be approached in an attempt to conduct an unbiased discussion of the pros and cons of the alternatives to administration by the federal states on behalf of the federal government. Questions will be clarified which need to be examined in depth before direct administration by the federal government can be introduced. These include constitutional matters and matters of costing in financing the higher-level federal authority as well as specific questions about the organization of that authority. The purpose is to elaborate, by the end of this parliamentary term, a workable concept of introducing direct federal administration of nuclear safety. (orig.)

Toward a harmonized approach to animal welfare law in Canada.

Science.gov (United States)

Fraser, David; Koralesky, Katherine E; Urton, Geoff

2018-03-01

Animal protection law in Canada varies across the country. Federal animal protection law exists in the Criminal Code, in regulations for the transport of animals, and in regulations for humane handling and slaughter at abattoirs that are inspected by the Canadian Food Inspection Agency. Provincial animal protection laws often include provisions that i) describe a duty of care toward animals; ii) prohibit causing or permitting animal "distress;" iii) specify exemptions from prosecution; and iv) reference various national and other standards. Inconsistencies lead to duplication of effort, create difficulty in working across jurisdictions, and may erode public trust. A more consistent approach might be achieved by i) referencing a common suite of standards in provincial statutes; ii) citing the federal transport and humane slaughter regulations in provincial regulations; iii) establishing agreements so provincial authorities may enforce federal regulations; iv) wider and more uniform adoption of enforcement tools that require people to take immediate action to protect animal welfare; v) developing new standards; and vi) national consultation to define frequently used terms.

26 CFR 31.6402(a)-3 - Refund of Federal unemployment tax.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Refund of Federal unemployment tax. 31.6402(a... Provisions of Subtitle F, Internal Revenue Code of 1954) § 31.6402(a)-3 Refund of Federal unemployment tax... 3301 of the Federal Unemployment Tax Act or a corresponding provision of prior law, or (b) Interest...

Effects of Climate Change on Federal Hydropower. Report to Congress

Energy Technology Data Exchange (ETDEWEB)

None

2013-08-01

This is a formal Department of Energy report to Congress. It outlines the findings of an assessment directed by Congress in Section 9505 of the SECURE Water Act of 2009 (Public Law 111-11), the US Department of Energy (DOE), in consultation with the federal Power Marketing Administrations (PMAs) and other federal agencies, including federal dam owners, has prepared a comprehensive assessment examining the effects of climate change on water available for hydropower at federal facilities and on the marketing of power from these federal facilities.

The Konrad mine. No more recourse to law?; Schacht Konrad. Auf dem Rechtsweg am Ende?

Energy Technology Data Exchange (ETDEWEB)

Schneider, Horst

2010-01-15

The constitutional guarantee in Article 19, Para. 4 of the Basic Law, expressed as a fundamental right, implies that everybody whose rights were violated by public action may have recourse to law. These constitutional principles, of course, also apply to the execution of atomic laws and to resorting to courts of law against actions by federal and state authorities under the Atomic Energy Act. This guaranteed recourse to law may, even if possibilities of so-called immediate execution of decisions by authorities are employed, lead to proceedings dragging on for years but, in the end, will result in legal certainty. The plans approval decision about construction and operation of the Konrad Mine as a repository for radioactive waste was passed in May/June 2002 and, as expected, became the subject of litigation. In late March 2007, the Federal Administrative Court rejected the complaints on very detailed grounds. This constituted the end of the legal measures open under administrative law. In the German system of legal redress, this then leaves everybody the possibility to bring a complaint for unconstitutionality to the Federal Constitutional Court, provided a violation of basic rights is claimed. This approach was taken by 2 complaining parties. The complaint for unconstitutionality by the city of Salzgitter was rejected in a decision of non-acceptance in February 2008. On November 26, 2009, the Federal Constitutional Court reported that it had unanimously decided not to accept the complaint of unconstitutionality on November 10. This decision of non-acceptance by the Federal Constitutional Court must be seen both in a confirmatory light 'after Konrad' and in a sense of anticipation 'before Gorleben'. This completes the possibilities of having recourse to law in Germany. The only course remaining open is to appeal to the European Court of Human Rights, which is what the private prosecutor had announced earlier. (orig.)

The Role of States in Cleanup of Hazardous Waste at Federal Facilities

Science.gov (United States)

1993-09-01

law. In this case the plaintiffs were engaged in the business of growing, packing, and marketing avocados in Florida. They brought suit in federal court...production, marketing and distribution of electric power in the Pacific Northwest. The Council’s responsibility was to develop a plan for... Avocado Growers, Inc. v. Paul.’-9 In this case the Supreme Court set forth a three-part test to determine if a state law had been preempted by a federal

14th German nuclear law symposium

International Nuclear Information System (INIS)

Burgi, Martin

2013-01-01

Nuclear law is still relevant and topical. The nuclear power phase-out in response to the nuclear accident of Fukushima and the turnaround in German energy policy raise new legal issues. In several lectures of practioners and scientists the 14th German Nuclear Law Symposium examined questions regarding the retrofitting of nuclear power plants, their decommissioning and disposal, the current developements in the European nuclear and radiation protection law and the search for a final nuclear waste repository. The nuclear law provides examples for central challenges of administrative law, such as the independence of authorities and the protection of third parties. The discussions between the almost 150 participants are documented in several reports.

75 FR 6703 - Notice of Rights and Protections Available Under the Notification and Federal Employee...

Science.gov (United States)

2010-02-10

... Antidiscrimination Laws and Whistleblower Protection Laws sections. Disciplinary Actions Under the existing laws... existing laws or permits an agency to take unfounded disciplinary action against a federal employee or to... Commission. ACTION: No FEAR Act Notice. SUMMARY: The National Indian Gaming Commission (NIGC) is publishing...

The Nuclear Safety Convention - does it confirm existing German law, and update international law?

International Nuclear Information System (INIS)

Lindemann, C.

1995-01-01

Some selected examples are discussed that are intended to answer the question of whether the NSC in its essence represents a development in confirmation of existing German nuclear law, and whether, assuming its coming into effect, this Convention will mean a step forward in the development of international law. The author examines the value of this codification of international law as such, and some of the obligations and standards such as retrofitting measures or shutdown of reactors below safety standard, and continues with briefly discussing the relationship between the NSC and nuclear liability law, the planned provisions for radiological protection in Art. 15, and the obligations for transboundary notification of safety-relevant events. These stipulations are analysed in comparison to existing international law, and with a view to their implementation under German law. Some provisions of the NSC that are based on standards of international technical guidance are compared with German regulatory guides. (orig./HP) [de

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.

European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

Directory of Open Access Journals (Sweden)

Arif Riza

2016-11-01

Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

16 CFR 304.4 - Application of other law or regulation.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Application of other law or regulation. 304.4 Section 304.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS RULES AND REGULATIONS UNDER THE HOBBY PROTECTION ACT § 304.4 Application of other law or...

A Chemically Relevant Model for Teaching the Second Law of Thermodynamics.

Science.gov (United States)

Williamson, Bryce E.; Morikawa, Tetsuo

2002-01-01

Introduces a chemical model illustrating the aspects of the second law of thermodynamics which explains concepts such as reversibility, path dependence, and extrapolation in terms of electrochemistry and calorimetry. Presents a thought experiment using an ideal galvanic electrochemical cell. (YDS)

Law for the expanion of renewable energies. German Renewable Energy Act 2014 - EEG 2014. Special volume to volume 2. 3. new rev. and enl. ed.

International Nuclear Information System (INIS)

Saecker, Franz Juergen

2015-01-01

No field of law is currently so intense in motion as the energy law. The amendment of 2014 has been for one of the most important tools for implementing the energy transition in Germany, the EEG, a ''fundamental reform'' (as in the title of the Law of 07.21.2014). In the present additional special volume of Berlin commentary on energy law EEG 2014 is explained with all its serious changes by respected academics and practitioners; the possibility of the draft amendment to the federal government is already taken into account by 01.04.2015. Particular attention will be the new rules for tendering promoting of greenfield installations. Questions of auditing which have the great practical importance under the amended regulations for placement exemption under paragraph paragraph 60 ff. EEG 2014, for the first time commented on by auditors. Besides dogmatic foundations of comment therefore provides an important aid in practical issues of relevance levy burden and its exceptions. [de

Basic copyright law for use of materials in childbirth education classes.

Science.gov (United States)

Philipsen, Nayna C

2005-01-01

Copyright is federal law that creates a monopoly to protect the property rights of authors and creators and their original works. Copyright law creates an exception for classroom use, but educators must always give full attribution for any work they use in teaching.

Law of the energy economy. A practical manual. 4. new rev. ed.

International Nuclear Information System (INIS)

Schneider, Jens-Peter; Theobald, Christian

2013-01-01

This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

Health care reform and federalism.

Science.gov (United States)

Greer, Scott L; Jacobson, Peter D

2010-04-01

Health policy debates are replete with discussions of federalism, most often when advocates of reform put their hopes in states. But health policy literature is remarkably silent on the question of allocation of authority, rarely asking which levels of government ought to lead. We draw on the larger literatures about federalism, found mostly in political science and law, to develop a set of criteria for allocating health policy authority between states and the federal government. They are social justice, procedural democracy, compatibility with value pluralism, institutional capability, and economic sustainability. Of them, only procedural democracy and compatibility with value pluralism point to state leadership. In examining these criteria, we conclude that American policy debates often get federalism backward, putting the burden of health care coverage policy on states that cannot enact or sustain it, while increasing the federal role in issues where the arguments for state leadership are compelling. We suggest that the federal government should lead present and future financing of health care coverage, since it would require major changes in American intergovernmental relations to make innovative state health care financing sustainable outside a strong federal framework.

26 CFR 1.162-22 - Treble damage payments under the antitrust laws.

Science.gov (United States)

2010-04-01

... 26 Internal Revenue 2 2010-04-01 2010-04-01 false Treble damage payments under the antitrust laws... Corporations § 1.162-22 Treble damage payments under the antitrust laws. (a) In general. In the case of a... Federal antitrust laws or enters a plea of guilty or nolo contendere to an indictment or information...

48 CFR 3053.222-70 - Application of labor laws to Government acquisitions.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Application of labor laws... Prescription of Forms 3053.222-70 Application of labor laws to Government acquisitions. The following form is prescribed for use in connection with the application of labor laws, as specified in (HSAR) 48 CFR 3022.406-9...

COMPARATIVE ANALYSIS OF AVAILABILITY OF THE MEDICINES FOR PRIVILEGED CATEGORIES OF CITIZENS SUFFERING FROM DIABETES MELLITUS IN THE RUSSIAN FEDERATION AND UKRAINE BASED ON THE PHARMACEUTICAL LAW

Directory of Open Access Journals (Sweden)

Shapovalov VV (Jr

2015-04-01

pharmaceutical law. In the study researched the particularities of legal documents in the Ukraine and Russian Federation aimed at organizing rules regulating circulation of the drugs used in the pharmacotherapy of diabetes. Found that pharmaceutical law in the field of public administration in the Russian Federation and Ukraine is the foundation and guarantor in protecting the rights of states declared the privileged category of people suffering from diabetes mellitus on unrestricted access to essential drugs. Established that the Ministry of Healthcare of Ukraine and the Ministry of Healthcare of Russian Federation must provide scientific advice for the prevention of diabetes mellitus; update in accordance to the European standards and directives, standards of diagnosis, clinical protocols and rules of care for patients suffering from diabetes mellitus; raise public awareness about the global epidemic of diabetes; analyze forensic and pharmaceutical practice as a result of violations of the rights of patients with diabetes to ensure preferential (free drugs. Ensuring the rights of patients with diabetes mellitus and providing vital medicines of all classification and legal groups, should base solely on the norms of medical and pharmaceutical law, the Constitution and laws of Ukraine. This will enable to the government to control the process of the licensing conditions for the implementation of activities related to the circulation of drugs among the healthcare facilities (pharmacies and hospitals.

Federal Recognition of the Rights of Minority Language Groups.

Science.gov (United States)

Leibowitz, Arnold H.

Federal laws, policies, and court decisions pertaining to the civil rights of minority language groups are reviewed, with an emphasis on political, legal, economic, and educational access. Areas in which progress has been made and those in which access is still limited are identified. It is argued that a continuing federal role is necessary to…

ABOUT THE RECENT INTERPRETATION OF CJEU IN THE MATTER OF UNFAIR TERMS OF CONSUMER CREDIT CONTRACTS RELEVANT MEANINGS FOR THE NATIONAL CASE LAW

Directory of Open Access Journals (Sweden)

Gina Orga-Dumitriu

2014-11-01

Full Text Available The original formula established by the EU legislator for the repression of unfair terms (by the use of the criteria for the establishment of the abusive character – the lack of negotiation of the clause, the significant unbalance between the rights and obligations of the parties and the infringement, by the professional, of the good faith requirement was consolidated by the developments made at case law level through the exercise, by the Court in Luxembourg, of its interpretative function. The study starts with a diachronic view of the solutions that highlighted the manifest tendency of CJEU to provide the effective protection of consumers by the admission of the judicial control performed ex officio over the unfair terms in Océano Grupo, Mostaza Claro and Cofidis, such judgments being also reconfirmed on occasion of the ulterior interventions from Pannon GSM, Asturcom Telecomunicaciones and Pénzügyi Lízing or, with particular reference to the consumer credit contracts, in Banco Español de Crédito and, lately, in Aziz (I. Afterwards, following a general description of the casuistic background of the disputes between credit consumers and banks in Romania (II, the analysis of the juridical meanings of the interpretations related to the recent Kásler case law from the 30th of April 2014, respectively Sánchez Morcillo and Abril García case laws from the 17th of July 2014 may not be extended also by the realistic assessment of the effects thereof in our national law and of the (potential implications that are relevant for the Romanian courts of law (III.

[German practice of involuntary commitment at both federal and state level after introduction of the Guardianship law (1992-2009)].

Science.gov (United States)

Valdes-Stauber, J; Deinert, H; Kilian, R

2012-05-01

Given the steady rise of psychiatric coercive measures in Germany, the question arises whether this development is significantly influenced by the corresponding legal basis or through epidemiological, socio-economic or socio-structural factors. Based on full surveys of the Federal Ministry of Justice we examined the development and associations of 10 indicators of coercive psychiatric measures over a period of 18 years. Time trends of all indicators have been descriptively analysed. Statistical associations between time trends and between involuntary and admissions economic indicators were analysed by regression models. All annual involuntary commitment rates have increased, judicial ordered physical restraint measures particularly strongly (848%). The rate of judicial rejections of applied involuntary measures showed the lowest increase. On the other hand, quotas of involuntary admissions remained stable. In former East Germany, the involuntary admission rates are only a third of those in the former West Germany. Results of regression analyses indicate an excess increase of physical coercive measures in psychiatric hospitals in relation to the increase of psychiatric admissions. In former East Germany the rate of involuntary admissions at the federal state level is negatively correlated with the average gross income. The continuous increase of coercive psychiatric measures in consequence to the change in the Guardianship law suggests that this change has influenced the practice. The differences at federal and state levels, and the sharper rise in the former East Germany by lower rates in comparison to the former West Germany need an explanation, as well as the fact that the rate of involuntary admissions is associated at least in the former East Germany with economic conditions. © Georg Thieme Verlag KG Stuttgart · New York.

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.

Atlantic Forest scenarios under the parameters of forestry laws

Directory of Open Access Journals (Sweden)

Liliane Garcia da Silva

Full Text Available ABSTRACT Remote sensing allows for identification of regularities and irregularities in land use and land coverage (LULC change in relation to environmental legislation. The aim of this study was to delimit scenarios in the permanent preservation areas (PPAs according to the Brazilian forestry law, with or without consolidated uses in the basin of Capivari River and the State of Rio de Janeiro in the Atlantic Forest biome. Mapping and analysis were performed on LULC in areas of permanent preservation using the following data: RapidEye-REIS satellite scenes acquired in 2012 and Bhattacharyya distance classifier and hydrography of the basin and digital elevation model (1:25.000 using Spring and ArcGIS software. The legal scenarios adopted were as follows: I Federal Law N°. 4,771/1965 and the National Council for the Environment (CONAMA N°. 303/2002; II Federal Law N°. 12,651/2012; and III Federal Law N°. 12,651/2012 and N°. 12,727/2012. The classification presented an excellent overall accuracy of 91.15% and a Kappa Index of 0.86 in relation to the samples of the six multipurpose classes having the anthropic uses of agriculture, burned pasture, exposed soil and urbanization, which were present with conflicting uses for Scenarios I, II and III. The new forest legislation for the PPAs of Scenario III impacted the reduction of 68% compared to Scenario I, which corroborates with the concerns on the conservation of water and soil resources.

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

Handbook on German-Russian energy law; Handbuch zum deutsch-russischen Energierecht

Energy Technology Data Exchange (ETDEWEB)

Saecker, Franz Juergen (ed.) [Freie Univ. Berlin (Germany)

2010-07-01

The handbook under consideration offers a comparative presentation of the energy law in Russia and in the Federal Republic of Germany and would like to promote an approach of the energy legal regulations of the two states and the European Union. The handbook covers the entire legal problems from the exploration over the production and transport from energy resources up to the processing and consumption. The handbook considers not only the energy economy law, the energy antitrust law, the energy contractual law and the energy environment law, but also refers to the atomic law and the mining law in the presentation of the energy right.

Considerations on post-production obligations in terms of Atomic Energy Law

International Nuclear Information System (INIS)

Rebentisch, M.

1992-01-01

The article describes and evaluates the laws concerning the decommissioning and dismantling of nuclear power plants and offers suggestions for possible new regulations. The contribution examines fundamental legal aspects, the instrumentalization of post-production obligations in terms of atomic energy laws, especially the question as to how to bring the Atomic Energy Law into accord with the Federal Emission Control Law within the realm of decommissioning laws, licences for safe confinement and dismantling of a plant, and in addition questions on making financial provisions for decommissioning. (orig./HSCH) [de

Enforcement, Integration, and the Future of Immigration Federalism

Directory of Open Access Journals (Sweden)

Cristina Rodriguez

2017-06-01

Full Text Available The federal government has a monopoly over the terms of immigration law, and it superintends the nation’s singular immigration enforcement bureaucracy. But our federalism nonetheless provides a vital playing field for sharp debates over the status of immigrants in American life. The forms of state and local involvement in immigration policy are varied, but they fall into two basic categories of mutually dependent and re-enforcing policies: enforcement federalism and integration federalism. Whereas enforcement federalism concerns the extent to which localities should assist or resist federal removal policies, integration federalism encompasses measures designed to assist immigrants, regardless of status, to plant roots and acculturate to life in the United States. Both forms of immigration federalism take shape through a wide variety of intergovernmental relations, not only between the federal government on the one hand and states and localities on the other, but also between states and the cities within them — an increasingly important dimension of immigration federalism today. These relations have important legal characteristics, and constitutional and statutory law bring them into being and mediate them. But the nature of any given intergovernmental dynamic will be shaped just as much by a combination of ideology and institutional imperatives. These elements can either unite the center and the periphery in common cause or produce the sort of conflict that has made immigration federalism a high-profile issue for decades. Given the density of the intergovernmental dynamics that shape the country’s immigration policy, developing a comprehensive strategy for immigration federalism requires more than a predilection toward or away from centralization of government authority. It requires a clear view on the appropriate metes and bounds of immigration enforcement, as well as a set of beliefs about the proper place in the social order of

Road Transportation and Traffic Law Enforcement in Nigeria: A case ...

African Journals Online (AJOL)

Road Transportation and Traffic Law Enforcement in Nigeria was established in order to reduce the increasing road crashes and fatalities as well as making road users comply with traffic Laws and regulations as a counter measure, which remain as a great challenge in Nigeria. This paper discussed the roles of the Federal ...

Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

Science.gov (United States)

Marcin, Raymond B.

Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

New data on intimate partner violence and intimate relationships: Implications for gun laws and federal data collection.

Science.gov (United States)

Sorenson, Susan B; Spear, Devan

2018-02-01

Age at first marriage has risen substantially and birth rates are at a record low; people are spending more time in relationships that, by comparison, have fewer emotional, financial, and legal commitments. Little research has examined intimate partner violence (IPV) prevalence in current and former adult (vs. adolescent) dating relationships. Such information is relevant to federal firearms policies that are based on the nature of an intimate relationship. We examined assaultive behaviors by the type and status of the relationship - current spouse, former spouse, current boyfriend or girlfriend, and former boyfriend or girlfriend - in 31,206 IPV incidents responded to by Philadelphia police in 2013. Over 80% of the IPV incidents involved individuals in non-marital relationships. Incidents involving current boyfriends or girlfriends had the highest percentage of violent behaviors (e.g., punch, strangle). They also were more likely than current spouses to use bodily weapons (hands, fists, or feet) or non-gun weapons (knives, bats, etc.) (AOR = 1.19 and 1.43, respectively), to injure their victims (AOR = 1.37), and to be arrested (AOR = 1.46). Former unmarried partners had the highest odds of stalking their intimate (AOR = 3.37) and violating a restraining order (AOR = 2.61). Gun use was similar across relationship type. A growing portion of the population is not protected by federal policies designed to keep guns out of the hands of abusers. Current boyfriends and girlfriends are a risk to their intimates. Federal data collection practices and firearm policies merit updating to more fully take into account dating, same-sex marriage, and other partnerships. Copyright © 2018 Elsevier Inc. All rights reserved.

MAKING FEDERALISM WORK? THE POLITICS OF INTERGOVERNMENTAL COLLABORATION AND THE PPACA.

Science.gov (United States)

Rocco, Philip

2015-01-01

The Patient Protection and Affordable Care Act (PPACA) is a complex piece of legislation that requires a high level of collaboration between actors at multiple levels of government, federal and state, to successfully implement its provisions. However, the polarized political environment in which the law was passed has created roadblocks for implementation, with Republican governors claiming that they will not negotiate with federal agencies over many of the law's key details. Though the decisions of governors and of state legislatures are critical for policy implementation, much of the effort will require administrators at multiple levels of government, and often with different preferences, to collaborate with one another to set policy priorities and oversee the operation of key features of the law. This paper reports on the results of a recent in-depth survey of state-level administrators that examines the extent of state-federal collaboration to implement health reform. Using qualitative and quantitative indicators, I find that state administrators' engagement in collaborative activity is generally robust. Even so, state administrators' perceptions of their relationship with federal agents appear to vary by the partisan compositions of their respective states, suggesting that political conflict over the reform may pose some dilemmas for future implementation efforts.

Online Law Dictionaries

DEFF Research Database (Denmark)

Nielsen, Sandro

2012-01-01

Online dictionaries that assist users in writing legal texts in English as a foreign language are important lexicographic tools. They can help law students bridge the factual and linguistic gaps between the two legal universes involved. However, existing online law dictionaries with English...... as the target language primarily focus on terms, but students also need to write the remainder of the texts in factually and linguistically correct English. It is therefore important to have a sound theoretical foundation before embarking on a dictionary project that aims to help law students communicate...... in English as a foreign language. The function theory of lexicography offers an appropriate basis as it focuses on three key concepts: user needs, user competences, and user situations. It is proposed that online dictionaries should be designed to satisfy the lexicographically relevant user needs...

A ASSISTÊNCIA EDUCACIONAL NO SISTEMA PENITENCIÁRIO FEDERAL – A PENITENCIÁRIA FEDERAL EM PORTO VELHO/RO. EDUCATIONAL ASSISTANCE IN FEDERAL PRISON SYSTEM – A FEDERAL PRISON IN PORTO VELHO/RO, BRAZIL

Directory of Open Access Journals (Sweden)

Stephane Silva de Araujo.

2013-05-01

Full Text Available No Brasil, a educação é um direito de todos. Assim, a Lei de Execução Penal Brasileira determina a obrigatoriedade de o Estado garantir este direito também às pessoas privadas de liberdade. A fim de executar a política educacional e providenciar o cumprimento de outros preceitos legais, em 2009, o Sistema Penitenciário Federal lotou Pedagogos com formação de nível superior em seu quadro funcional. Considerando os instrumentos normativos existentes, os mencionados profissionais constituíram parcerias com instituições educacionais para que o direito à educação de qualidade fosse efetivado no interior das Penitenciárias Federais. Este artigo apresenta um relato de experiência acerca da Assistência Educacional desenvolvida na Penitenciária Federal em Porto Velho/Rondônia, com alguns dos presos considerados mais perigosos do país. Tem-se como objetivo focalizar a inserção da Educação no interior de uma Penitenciária Federal, através de parcerias que vêm sendo executadas e alcançam atualmente índices diversos das demais prisões brasileiras, proporcionando assim, gradual inserção social dos apenados.In Brazil, education is a right for all. Thus, the Brazilian criminal law determines the obligation of the State to guarantee this right also to people who are deprived of freedom. To implement educational policy and provide compliance with other law principles, in 2009, the Federal Prison System brought educators with top-level training to its staff. Considering the existing rules, the aforementioned professionals formed partnerships with educational institutions so that the right for quality education was guaranteed within Federal Prisons. This article presents an experience report about the work of Educational Assistance developed at the federal prison of Porto Velho, Rondônia, Brazil, where some of the inmates are considered the most dangerous in the country. The aim is to focus on the insertion of Education within a

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...

31 CFR 210.3 - Governing law.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Governing law. 210.3 Section 210.3 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

1992 yearbook of environmental and technology-related law

International Nuclear Information System (INIS)

Schroeder, M.

1992-01-01

The 1992 and sixth edition of this yearbook contains papers on environmental and technology-related law in the European Communities and the Federal Republic of Germany including among other things information on the latest jurisdiction by the European Court of Justice; insurability of environmental damage; scientific aspects of limit values. There are also treatises on non-German and comparative as well as international environmental and technology- related law which deal among other things with atomic and immission protection law and on harmonization and codification from a general point of view. Finally, some papers report on developments of national and European environmental and technology-related law. Three of the fifteen contributions have been abstracted separately. (HSCH) [de

Assessment of the Effects of Climate Change on Federal Hydropower

Energy Technology Data Exchange (ETDEWEB)

Sale, Michael J. [M.J. Sale and Associates, Hanson, MA (United States); Shih-Chieh, Kao [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Ashfaq, Moetasim [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Kaiser, Dale P. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Martinez, Rocio [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Webb, Cindy [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Wei, Yaxing [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States)

2012-10-01

As directed by Congress in Section 9505 of the SECURE Water Act of 2009 (Public Law 111-11), the US Department of Energy (DOE), in consultation with the federal Power Marketing Administrations (PMAs) and other federal agencies, including federal dam owners, has prepared a comprehensive assessment examining the effects of climate change on water available for hydropower at federal facilities and on the marketing of power from these federal facilities. This Oak Ridge National Laboratory report, referred to as the “9505 Assessment,” describes the technical basis for the report to Congress that was called for in the SECURE Water Act.

50 CFR 20.73 - Violation of foreign law.

Science.gov (United States)

2010-10-01

..., any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.73 Violation of...

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...

Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

Science.gov (United States)

Kohler, Stefan; Minkner, Philipp

2014-01-03

Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

Environmental impact statement law and environmental impact statement administration regulation

International Nuclear Information System (INIS)

Feldmann, F.J.

1991-01-01

The contribution does not deal with the question - as might be suggested by the heading - that the execution of the environmental impact statement law might be uncertain if there are no further accompanying legal transformatory acts. Putting the environmental impact statements into action is concerned in partiuclar with procedural provisions regarding the Federal Act on Protection against Nuisances and the Atomic Energy Act. The author deals with aspects of the environmental impact statement law and the state-of-the-art achieved so far. He also deals with legislative intent, with further points of putting the law into practice, i.e. the information requirements in the administrative provisions and the integrating aspect, the amalgamating aspect, the requirements made on the state of the environment, and the significance of administrative provisions. Also treated are legal procedures in the Federal Laender and on an international level. (RST) [de

48 CFR 252.228-7006 - Compliance with Spanish laws and insurance.

Science.gov (United States)

2010-10-01

... 48 Federal Acquisition Regulations System 3 2010-10-01 2010-10-01 false Compliance with Spanish... CLAUSES Text of Provisions And Clauses 252.228-7006 Compliance with Spanish laws and insurance. As prescribed at 228.370(e), use the following clause: Compliance with Spanish Laws and Insurance (DEC 1998) (a...

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...

INDONESIAN SALVAGE LAW WITHIN THE FRAMEWORK OF CONTEMPORARY MARITIME LAW

Directory of Open Access Journals (Sweden)

Dhiana Puspitawati

2015-12-01

Full Text Available Located in a strategic position, that is between two great oceans and two land masses have made Indonesia a centre of international trade and shipping. In fact, 90% of international trades are carried out through the ocean. It is therefore crucial to assure that the activities in carrying goods across the ocean are incident free. However, if accident happens, assistance from professionals to preserve items of property is desirable. In such, salvage law emerged. This paper discusses comprehensively Indonesian salvage law within the framework of contemporary maritime law. While Indonesian maritime law is mostly based on its national law on the carriage of goods by the sea, in fact, the development of maritime law is highly affected by international practices which are largely based on international conventions and regulations. This research finds that while Indonesian salvage law can be found in Book II Chapter VII article 545-568k Wetboek Van Koophandel or known as Kitab Undang-undang Hukum Dagang (KUHD, which focused narrowly on the value of salved property as the primary measures of success, yet Indonesian salvage law has not been developed in accordance with current international salvage law, which adopted a broader and more balanced approached in both commercial and environmental aspects. Although it is believed that such approached is “culturally unrecognized” in Indonesia, this research argued that since Indonesian waters are part of international waters, all process by waters including salvage should confirm the relevant international practices and regulations. While Indonesia has taken out salvage law from KUHD and regulates it within Act Number 17/2008 on navigation, however, such act only provides one article for salvage stating that salvage will be regulates further by Ministry Regulation. Untill this paper was written no such government regulation produced yet by Indonesia. Since Indonesian waters is the centre of international

Alternative Fuels Data Center: Federal Laws and Incentives for Ethanol

Science.gov (United States)

the Office of Management and Budget with opportunities to optimize federal fleet performance, reduce improvements, travel demand management strategies, congestion relief efforts (such as high occupancy vehicle advanced vehicles, fuel blends, fuel economy, hybrid vehicles, and idle reduction. Clean Cities provides

The nullum crimen sine iure principle in contemporary International Law

Directory of Open Access Journals (Sweden)

Hector Olásolo Alonso

2014-03-01

Full Text Available This paper deals with the evolution and current content of the nullum crimen sine iure principle in international law. It analyses the development of the nullum crimen principle from its definition as a principle of justice at the end of Second World War, to its current definition as an individual right imposing a limitation upon States’ sovereignty. The article also explains that, nowadays, the nullum cri- men principle requires for the relevant conduct to be a crime at the time of its com- mission, according to any of the sources of criminal law in the relevant national or international legal system. No written law is necessarily required. As a result, accessibility and foreseability are the main elements of the nullum crimen principle in current international law.

Evolution of municipal law in 2014-2016.

Directory of Open Access Journals (Sweden)

Yury Blagov

2017-01-01

Full Text Available УДК 342The subject. This article is devoted the municipal reform 2014-2016. The reform of state are institutes of territorial organization, organizational principles, competency bases of local self-government.The purpose of this paper is to show that the municipal reform 2014-2016 is directed on limiting local self-government and the subordination of local self-government to state authorities of the subjects of Russia.Methodology. The author uses a dialectical method, a method of analysis and synthesis, a formal legal method, a comparative legal method.Results, scope. Urban districts with intracity and intercity division areas – two new municipalities have been legally introduced. In science municipal law formed two points of view on the admissibility and feasibility of separating the urban district in the inner city areas. According to the first point of view, the separation of large urban districts in the inner city areas is acceptable and appropriate. According to the second point of view, the separation of large urban districts in the inner city areas is unacceptable and inappropriate. The author adheres to the second point of view, since the introduction of a two-tier model of local government organization would violate the principle of unity of municipal economy, will lead to the rupture of a single urban space on the organizational and financial sustainability areas dependent city district, will lead to a sharp increase in the number of deputies and municipal employees, unnecessary increase financial expenses.Municipal and regulatory policy in the sphere of organizational principles of local self-government is aimed at the maximum limit of direct elections of the population of the local self-government, which leads to their further alienation from the local authorities (the direct election of saved only 11 urban districts (13 %, which are the administrative centers of the subject of the Russian Federation. In addition, the actual

Tort Suits Against Federal Contractors: An Overview of the Legal Issues

Science.gov (United States)

2011-04-07

Although tort law “exists on a spectrum of culpability,”16 most plaintiffs seeking recovery bring their tort suits based on a theory of negligence ...in contract terms and performance. Other contractors have asserted that state tort law claims against them are preempted under the Federal Tort ...based its decision on the “discretionary function” exception to the FTCA, some lower courts have found that state tort law claims may also be

Tratados internacionais em matéria tributária e sua relação com o direito interno no Brasil The impact of the international treaties on tax law on the Brazilian law

Directory of Open Access Journals (Sweden)

Gustavo Mathias Alves Pinto

2008-06-01

Full Text Available Este artigo tem como objetivo apresentar os principais aspectos a respeito do tratamento oferecido aos tratados internacionais em matéria tributária no ordenamento jurídico brasileiro. Para tal, o artigo analisa as características desses tratados enquanto fonte de direito internacional, seu posicionamento hierárquico perante a constituição federal e legislação infraconstitucional, bem como a jurisprudência mais relevante a respeito da matéria. Ao final, pretende-se demonstrar que, nos casos específicos sobre os quais tais instrumentos versarem, estes prevalecem sobre o ordenamento interno em razão do princípio da autolimitação da soberania no tocante à imposição tributária.The following article presents the main aspects of the interaction between tax treaties and national law within the brazilian legal system. The article analyses the characteristics of such treaties as sources of international law, their hierarchy before the constitution and legislation, as well as the relevant jurisprudence on the subject. The article aims at demonstrating that, regarding the specific situations addressed in its body, the tax treaty takes precedence over the national law, based on the principle of selflimitation of taxation power.

New laws on population urged.

Science.gov (United States)

1976-12-03

A workshop on ''Population and the Law'' sponsored by the Family Planning Organization of the Philippines and the International Planned Parenthood Federation recommended the following changes in Philippine law to implement family planning: legalization of abortion for women whose life or health are endangered by pregnancy and those who become pregnant despite contraceptives; delaying age of marriage to 18; extension of family planning incentives and maternity leave to women in government service; allow trained nurses and midwives to dispense contractives; legalize sterilization; include sterilization in medicare benefits; specify by law which contraceptive drugs may be dispensed by nonphysicians and nonpharmacists in rural areas; legalize premarital family planning counseling; declare family planning materials tax exempt; encourage reluctant doctors to practice sterilization through professional regulatory agencies; extend industrial family planning services to women living near the plant; launch massive information drives to advise young people of the hazards of premarital sex; strict enforcement of abortion laws in areas where illegal abortion still exists; grant women equal rights in area of consent for sterilization; and eliminate the stigma of illegitimacy for those born out of wedlock.

The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice

International Nuclear Information System (INIS)

Leidinger, Tobias

2014-01-01

With its decision on December 20 th , the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27 th 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

78 FR 24794 - Notice of Final Federal Agency Actions on the Proposed Presque Isle Bypass in Aroostook County...

Science.gov (United States)

2013-04-26

... advised to file their claim no later than the business day preceding this date. If the Federal law that... northeast from U.S. Route 1 immediately north of Cambridge Road in Westfield, Maine, continuing north for 7....6 miles is in Westfield, Maine. The actions by the Federal agencies, and the laws under which such...

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 importance of procedural defects in Atomic Law

International Nuclear Information System (INIS)

Ossenbuehl, F.

1981-01-01

The Muelheim-Kaerlich decision of the Federal Constitutional Court has brought about a 'revaluation' of procedural requirements. This has caused some insecurity in the application of procedural requirements, e.g. whether a license under Nuclear Law, granted without public participation in spite of procedural requirements, can be revolved on the basis of this procedural defect alone. The answer depends on the applicability of Sect. 46 VwVfG (Act on Procedural Rules) in Nuclear Law. (orig.) [de

The Second Look in European Union Competition Law

DEFF Research Database (Denmark)

Sørensen, Jakob B; Torp, Kristian

2017-01-01

Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

75 FR 57597 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

Science.gov (United States)

2010-09-21

... Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal... railroad safety laws and regulations are necessary because many of FRA's civil penalties have not been..., et al. Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a...

Developments in environmental and engineering law in 1990. Section VI. Atomic energy and radiation protection law

International Nuclear Information System (INIS)

Brandner, T.

1991-01-01

Section VI is devoted to the development of atomic and radiation protection law in the period between 1.1.1990-31.1.1991. Through the debate on the greenhouse effect, nuclear power has recently become more attractive again as an energy carrier. Legislation took place in the EC (import conditions after the Chernobyl accident, maximum radioactivity values in animal feeds) and in Germany (statutory order on the establishment of a Radiation Protection Register, special provisions for the acceded territories of the former GDR). The following individual questions are discussed: Federal supervision - decision of the Federal Constitutional Court of 22.5.1990 on the fast breeder reactor with regard to the right to issue orders; nuclear disposal - decision of the Federal Administrative Court on the Gorleben salt dome with regard to planning procedure. (HSCH) [de

77 FR 43127 - Federal Employees Health Benefits Program: Medically Underserved Areas for 2013

Science.gov (United States)

2012-07-23

... OFFICE OF PERSONNEL MANAGEMENT Federal Employees Health Benefits Program: Medically Underserved... determination of the States that qualify as Medically Underserved Areas under the Federal Employees Health... law that mandates special consideration for enrollees of certain FEHB plans who receive covered health...

78 FR 50119 - Federal Employees Health Benefits Program: Medically Underserved Areas for 2014

Science.gov (United States)

2013-08-16

... OFFICE OF PERSONNEL MANAGEMENT Federal Employees Health Benefits Program: Medically Underserved... determination of the states that qualify as Medically Underserved Areas under the Federal Employees Health... law that mandates special consideration for enrollees of certain FEHB plans who receive covered health...

STATE`S EVIDENCE AND FUNDAMENTAL RIGHTS OF THE PASSIVE SUBJECT OF CRIMINAL PERSECUTION AS A RESULT OF THE REGULATION INSERTED IN LAW 12.850/2013

Directory of Open Access Journals (Sweden)

Américo Bedê Freire Júnior

2017-05-01

Full Text Available The Criminal Law - and the Procedural Law that takes care of its effectiveness - works, at the same time, as a mechanism available to the State to realize its punitive power and as a limit to the exercise of this same power. This second meaning represents what has been called the humanization of criminal law, marked by the understanding of several rights and guarantees intended to protect the subject of criminal prosecution. The institute of state`s evidence, as an unorthodox method, used especially in the fight against organized crime, raised expressive mistrust in the doctrine about its compatibility with the current system of rights and guarantees designed in the Federal Constitution, so that references to the institute as police practice, exceptional, responsible for the involution of Criminal Law, are very common. However, especially since the advent of the new legislation to combat organized crime, the state`s evidence has gained new theoretical and practical inspiration in Brazil, with wide acceptance of jurisprudence, recommending that it be appreciated with accuracy not only its theoretical aspects, but also the criticisms relevance.

Smoke-Free Laws and Direct Democracy Initiatives on Smoking Bans in Germany: A Systematic Review and Quantitative Assessment

Directory of Open Access Journals (Sweden)

Stefan Kohler

2014-01-01

Full Text Available Background: Germany’s 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. Methods: We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. Results: The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens’ or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman’s ρ = 0.51, p = 0.04. Conclusions: The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

48 CFR 212.504 - Applicability of certain laws to subcontracts for the acquisition of commercial items.

Science.gov (United States)

2010-10-01

... laws to subcontracts for the acquisition of commercial items. 212.504 Section 212.504 Federal... PLANNING ACQUISITION OF COMMERCIAL ITEMS Applicability of Certain Laws to the Acquisition of Commercial Items 212.504 Applicability of certain laws to subcontracts for the acquisition of commercial items. (a...

Federal tax effects on the financial attractiveness of renewable versus conventional power plants

International Nuclear Information System (INIS)

Hill, L.J.; Hadley, S.W.

1995-01-01

In this paper, we examine the effects of federal tax laws on the financial attractiveness of seven renewable and four conventional electric power generating technologies adopted by investor owned utilities (IOUs) and non-utility electricity generators (NUGs). The results show that federal income tax laws applicable to renewable generating technologies generally provide very attractive financial incentives for the adoption of these technologies by IOUs and NUGs. If an IOU and NUG is subject to the alternative minimum tax, however, it may not be able to take full advantage of these financial incentives. (author)

Nuclear Law Bulletin No. 92 - Volume 2013/2

International Nuclear Information System (INIS)

Chennoufi, F.; Pelzer, N.; Martirosyan, A.; Cook, H.; Fischer, D.; Clark, S.; Rothschild, T.; Touitou-Durand, F.; Guezou, O.; Manson, S.; Tafili, V.; Bolger, I.; Majerus, P.; Sieczak, K.; Sousa-Ferro, M.; Pospisil, M.; Skraban, A.; Portmann-Bochsler, F.; Shvytai, V.; Puig, D.; Durand, A.; Rivera, S.; Reyners, P.; Ryan-Taix, V.

2013-01-01

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 twice a year in both English and French, it features topical articles written by renowned legal experts, covers nuclear legislative developments worldwide and reports on relevant case law, bilateral and international agreements and regulatory activities of international organisations. The topical articles of this issue deal with: - Uranium mining and production: A legal perspective on regulating an important resource by Lisa Thiele; - Turkish nuclear legislation: Developments for a nuclear newcomer by Erinc Ercan and Horst Schneider; - Nuclear law and environmental law in the licensing of nuclear installations by Christian Raetzke

Foreshocks and aftershocks in the Olami-Feder-Christensen model

International Nuclear Information System (INIS)

Hergarten, Stefan; Neugebauer, Horst J.

2002-01-01

With the help of numerical simulations we show that the established Olami-Feder-Christensen earthquake model exhibits sequences of foreshocks and aftershocks; this behavior has not been recognized in previous studies. Our results are consistent with Omori's empirical law, but the exponents predicted by the model are lower than observed in nature. The occurrence of foreshocks and aftershocks can be attributed to the nonconservative character of the Olami-Feder-Christensen model

Immigration Federalism as Ideology: Lessons from the States

Directory of Open Access Journals (Sweden)

Lina Newton

2015-11-01

Full Text Available Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and justifies social policy devolution by advancing frames of intergovernmental conflict, state-level policy pragmatism, and federal ineffectiveness.

5 CFR 2423.31 - Powers and duties of the Administrative Law Judge at the hearing.

Science.gov (United States)

2010-01-01

... review will cause undue harm to a party or the public. (2) If the motion is granted, the Judge or... Law Judge at the hearing. 2423.31 Section 2423.31 Administrative Personnel FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL...

10 CFR 603.575 - Repayment of Federal cost share.

Science.gov (United States)

2010-01-01

... Business Evaluation Accounting, Payments, and Recovery of Funds § 603.575 Repayment of Federal cost share. In accordance with the Energy Policy Act of 2005 (Public Law 109-58), section 988(e), the contracting...

[Protecting the labor rights of female nurses: an introduction to relevant laws and the challenges still ahead].

Science.gov (United States)

Chiu, Hui-Ju; Cheng, Su-Fen; Lee, Ya-Ling

2015-02-01

The Gender Equality in Employment Act was enacted to protect gender equality in the workplace. Increasingly tight controls over operating costs by employers and the increasingly heavy workloads of nurses pose major challenges to the labor rights of female nurses. This article introduces the labor rights of female nurses as stated in relevant laws and regulations such as the Gender Equality in Employment Act, the Labor Standards Act, the Labor Insurance Act, Regulations on Leave-Taking for Workers, Regulations on Implementing Unpaid Parental Leave for Raising Children Pension Act, and the Employment Insurance Act. In addition, this paper introduces three judicial decisions that highlight domestic judicial practice with regard to labor rights in nursing. It is hoped that nurses may gain a better understanding of their rights and challenges from these judicial decisions. Finally, this article makes recommendations to help nurses overcome the difficulties in implementing labor rights. It is hoped that this article helps increase the general awareness among nurses of their labor rights and encourages nurses to pursue and secure their rightful labor rights from their employer.

Legal and Administrative Feasibility of a Federal Junk Food and Sugar-Sweetened Beverage Tax to Improve Diet.

Science.gov (United States)

Pomeranz, Jennifer L; Wilde, Parke; Huang, Yue; Micha, Renata; Mozaffarian, Dariush

2018-02-01

To evaluate legal and administrative feasibility of a federal "junk" food (including sugar-sweetened beverages [SSBs]) tax to improve diet. To assess food definitions and administration models, we systematically searched (1) PubMed (through May 15, 2017) for articles defining foods subject to taxes, and legal and legislative databases as well as online for (2) US federal, state, and tribal junk food tax bills and laws (January 1, 2012-February 28, 2017); SSB taxes (January 1, 2014-February 28, 2017); and international junk food tax laws (as of February 28, 2017); and (3) federal taxing mechanisms and administrative methods (as of February 28, 2017). Articles recommend taxing foods by product category, broad nutrient criteria, specific nutrients or calories, or a combination. US junk food tax bills (n = 6) and laws (n = 3), international junk food laws (n = 2), and US SSB taxes (n = 10) support taxing foods using category-based (n = 8), nutrient-based (n = 1), or combination (n = 12) approaches. Federal taxing mechanisms (particularly manufacturer excise taxes on alcohol) and administrative methods provide informative models. From legal and administrative perspectives, a federal junk food tax appears feasible based on product categories or combination category-plus-nutrient approaches, using a manufacturer excise tax, with additional support for sugar and graduated tax strategies.

Technology transfer: federal legislation that helps businesses and universities

Science.gov (United States)

Oaks, Bill G.

1992-05-01

In 1980, Congress enacted the Stevenson-Wydler Technology Innovation Act to encourage federal laboratories to `spin off' their technology to industry, universities, and state and local governments. The law reflected Congressional concern for the economic well-being of the nation and the need for the United States to maintain its technological superiority. Almost half the nation's research is conducted in federal laboratories. Other legislation, the Small Business Innovation Development Act of 1982 and the National Cooperative Research Act of 1984, was followed by the Technology Transfer Act of 1986 that strengthened and consolidated policy concerning the technology transfer responsibilities of the federal labs. The law allows the labs to directly license their patents and permits the issuance of exclusive licenses. It allows the labs to enter into cooperative research and development agreements with industry, universities, and state and local governments. It institutionalized the Federal Laboratory consortium which, to that point in time, had been a formal but largely unrecognized body. Under the provisions of the law, the United States Air Force Rome Laboratory located in Rome, New York, as the Air Force lead laboratory in photonics research entered into an agreement with the Governor of the State of New York to collaborate in photonics research and development. Subsequent to that agreement, the state established the not-for-profit New York State Photonics Development Corporation in Rome to facilitate business access to Rome Laboratory's photonics research facilities and technologies. Rome Laboratory's photonics research and development program is described in this paper. The Technology Transfer Act of 1986 is summarized, and the roles and missions of the New York State Photonics Development Corporation is explained.

Nuclear Law Bulletin No. 99. Volume 2017/1

International Nuclear Information System (INIS)

Burns, Stephen G.; Lamm, Vanda; Pelzer, Norbert; Popov, A.; ); Chirtes, A.P.; ); Raetzke, C.; Chennoufi, F.; Beyens, M.; Vandeputte, G.; Saric, J.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Pavlovic, P.; Skraban, A.; Carroll, S.; Averbach, A.; Brown, O.; Irving, I.; Joyner, D.

2017-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with 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: 'Reformed and reforming: Adapting the licensing process to meet new challenges'; 'Reflections on the development of international nuclear law'; and 'Facing the challenge of nuclear mass tort processing'

36 CFR 60.2 - Effects of listing under Federal law.

Science.gov (United States)

2010-07-01

... administered as a planning tool. Federal agencies undertaking a project having an effect on a listed or... buildings may benefit from the investment tax credit provisions of the Revenue Act of 1978. The Economic... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Effects of listing under...

77 FR 24337 - Establishing Policies for Addressing Domestic Violence in the Federal Workforce

Science.gov (United States)

2012-04-23

...--Establishing Policies for Addressing Domestic Violence in the Federal Workforce #0; #0; #0; Presidential... Policies for Addressing Domestic Violence in the Federal Workforce Memorandum for the Heads of Executive... Against Women Act in 1994 (Public Law 103-322), domestic violence remains a significant problem facing...

Criminal and Legal Tax System Protection of the Russian Federation and the Ukraine

Directory of Open Access Journals (Sweden)

Stepanenko D. Yu.

2013-10-01

Full Text Available The comparative law analysis of criminal law protection of the tax system of the Russian Federation and the Ukraine is presented in the article; some recommendations for improvement of the Russian and Ukrainian criminal legislations have been formulated on this basis as well

1977 guidebook to California taxes with special emphasis on relationship to Federal taxes

Energy Technology Data Exchange (ETDEWEB)

Bock, R.S.

1977-01-01

This book is designed to be a quick reference work on California State taxes. With this in mind, the amount of detail is kept to a minimum by assuming that the reader has some knowledge of Federal taxes that are generally similar to the major California taxes (or that he has access to the wealth of information about Federal taxes that is readily available). The book explains the four major California taxes (personal income tax, tax on corporate income, inheritance tax, and gift tax), whenever possible, in terms of the comparable Federal taxes. Differences between the two laws are pointed out, and cross-references make it possible to trace from a given provision in one law to a comparable provision in the other. Special attention is given to subjects peculiar to the California law. In addition to the major State taxes, the book provides general information about other taxes levied by the State. Property taxes are also discussed briefly, because of their statewide impact, although they are imposed by local governmental units.

A Comparison of Child Protection Law Between Indonesia and Malaysia

OpenAIRE

Jauhari, Iman

2014-01-01

This paper aims to compare child protection law between Indonesia and Malaysia especially in terms of family law (marriage), child definition and age limit, as well as other foundational principles. Content analysis method of a variety of relevant references is used and a comparative approach to child protection law in Indonesia and Malaysia is taken. There are many similarities between childprotection law in Malaysia and Indonesia, in which both systems specify the state, family, and parents...

48 CFR 12.504 - Applicability of certain laws to subcontracts for the acquisition of commercial items.

Science.gov (United States)

2010-10-01

... laws to subcontracts for the acquisition of commercial items. 12.504 Section 12.504 Federal Acquisition... Applicability of Certain Laws to the Acquisition of Commercial Items and Commercially Available Off-The-Shelf Items 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial items. (a...

Case law

International Nuclear Information System (INIS)

Anon.

2002-01-01

Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

The reprocessing plant as a problem of international law

International Nuclear Information System (INIS)

Guendling, L.

1987-01-01

The planned construction of the reprocessing plant creates problems with regard to transfrontier environmental protection, due to the potential hazards involved, and these problems institute obligations of the Federal Republic of Germany under contractual law and under customary international law. Particularly under customary international neighbour law the F.R.G. is obliged to prevent and abstain from transfrontier activities entailing environmental effects with considerable damaging potential in the neighbouring states, which also includes the duty of providing for protection against accidents. It is, however, a clear fact that the states decided the peaceful uses of atomic energy to be admissible, and accept the risk of possible catastrophic damage. The interpretation of existing international laws has to take this fact into account. (orig./HSCH) [de

Recent developments in 1985 in the field of atomic energy law and radiation protection law

International Nuclear Information System (INIS)

Ziegler, E.

1986-01-01

The paper reviews the amendments made and those that are in preparation, as e.g. an amendment of the Radiation Protection Ordinance, of the Nuclear Installations Ordinance, and supplementing provisions to the Nuclear Financial Security Ordinance that had to be made in the wake of the new nuclear liability provisions. Further activities reported include those of the German Bundestag, particularly in the field of advanced reactors, nuclear fuel reprocessing, and waste management. As to the application of the law, the author discusses the executive - Federal Government and Laender Governments - and the judiciary, and principle decisions of the Federal Administrative Court concerning concept outline licences and the obligation to take precautionary measures for prevention of damage. (HSCH) [de

Powerful subjects of tax law enforcement

Directory of Open Access Journals (Sweden)

Igor Dementyev

2017-01-01

Full Text Available УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.

The Federal Depository Library Program (FDLP), Academic Libraries, and Access to Government Information

Science.gov (United States)

Jaeger, Paul T.; Bertot, John Carlo; Shuler, John A.

2010-01-01

The electronic environment has significantly shifted library capabilities and user expectations for the delivery of government information and services. At the same time, many laws of the federal government have pushed for the creation and distribution of government information through electronic channels. However, the Federal Depository Library…

48 CFR 12.505 - Applicability of certain laws to contracts for the acquisition of COTS items.

Science.gov (United States)

2010-10-01

... laws to contracts for the acquisition of COTS items. 12.505 Section 12.505 Federal Acquisition... Items 12.505 Applicability of certain laws to contracts for the acquisition of COTS items. COTS items.... In addition, the following laws are not applicable to contracts for the acquisition of COTS items: (a...

Complying with the Federal Facilities Compliance Act

International Nuclear Information System (INIS)

Pavetto, C.S.; Watmore, A.S.

1994-01-01

The Federal Facilities Compliance Act (FFCA), signed into law on October 6, 1992, amended the Resource Conservation and Recovery Act (RCRA) to place significant additional environmental compliance responsibilities on federal facilities. The federal government has expressly waived sovereign immunity regarding hazardous waste enforcement action taken against these facilities by the states and the EPA. An exception exists for mixed waste violations. The FFCA defines mixed waste as hazardous waste, as defined by RCRA, combined with source, special nuclear or by-product material that is subject to the Atomic Energy Act of 1954. As the majority owner of mixed waste in the United States, the Department of Energy (DOE) must satisfy several new requirements under the FFCA for their facilities. This paper reviews the FFCA's requirements and how they apply to and may affect the DOE and other federal facilities. Included in the review are responsibilities of federal agencies involved and the role of the EPA and the states. In addition, this paper discusses the intent of the FFCA to encourage development of federal facility agreements (FFA) between federal agencies, the EPA and state environmental regulatory agencies

Legal aspects of radioactive waste disposal from the mining law point of view

International Nuclear Information System (INIS)

Kuehne, G.

1992-01-01

The contribution discusses the scope of the regulations laid down by the Mining Laws, the plan-of-working procedures stipulated by these laws, the significance of the clause which watches over the conservation of resources ('Rohstoffsicherungsklausel', Paragraph 48/I/p, 2 BBergG) as a clause watching over the availability of repositories, and the responsibilities of the Government and the Lands for administrative procedures within the Mining Laws. The deficiencies of the system with regard to the administrative synchronization of the Atomic Energy Laws and the Mining Laws suggest a reform of the Atomic Energy Law. Although the elimination of such deficiencies has never been the subject of the respective preparatory discussions the reform intends to relieve the Government of any obligation laid down by Paragraph 9a, section 3 of the Atomic Energy Law by putting repository installation and operation into private hands. In view of this target one must be aware of the fact that the Federal Government may have to succumb to the Lands when it comes to executing the regulations of the Mining Laws. A solution of that kind cannot be recommended in view of the fact that one plans to treat every case by applying one kind of licensing procedure in accordance with paragraph 7 of the Atomic Energy Laws and to extend the Government's authority to issue directives (section 85, 3 of the Basic Law for the Federal Republic of Germany) to legal matters which are wound up by the very Lands. (orig./HSCH) [de

Aims and procedures used for the evaluation of research results in the field of nuclear safety with regard to the application of the Atomic Energy Law. Vol. 1

International Nuclear Information System (INIS)

Adomat, B.

1985-01-01

The purpose of this review, being executed for the Minister of the Interior of the German Federal Republic is to inform all parties involved in the licensing procedure as well as the consulting councils on the newest nuclear safety research results and the status of their verification in a precise, short manner. In addition experts opinions are given with regard to the relevance of these research results to nuclear rules and guidelines as well as to the execution of the Atomic Law. Each report is a short evaluation of a final research report. These evaluations are executed by specialists, who are acquainted with the technical aspects of the licensing procedure of nuclear power plants in the German Federal Republic. (orig.) [de

Standards and laws for indoor air quality in Russia

International Nuclear Information System (INIS)

Bitkolov, N.; Musijchuk, Y.

1997-01-01

The air quality of indoor air in Russia, including the special problems of air quality with regard to radioactive contamination, is determined by a number of statutes, standards and regulations. All these are based on the biological principles that the maximum allowable concentrations of pollutants (MAC) and the prescribed radioactive safety dose limits should not be exceeded. The standards cover the air in the working zones of all ministries and departments, and are for trade unions, public and cooperative organisations and foundations. The basic Russian law for air quality is 'The Law on Environmental Nature Protection' (19.2.1991) which assures the right to health protection from adverse environmental effects. In the field of radioactive safety 'The Federal Law on Radioactive Safety' (9.1.1996) is the primary law and in accordance with it, every citizen living in Russia has the right to protection for the present and future generations from health-related deleterious effects of atomic radiation. The laws on air quality are part of the Russian Federation legal system and are secured in the Constitution. The air quality must be controlled by the Goscomgidromet and the Sunepidnadzor of Russia. In compliance with these laws everybody has the right to a favourable environment and the duty to protect, preserve and maintain it. The air environment is unique and common to all, thus economic cooperation dictates that a dedicated approach to air quality and air quality regulations would be the most appropriate way to preserve it. It appears judicious to join forces in the name of European ecological safety. To do this, it is necessary to combine the national means and secure. (author) 4 figs

The accounting law and the Globalisation Era

Directory of Open Access Journals (Sweden)

Gheorghe LEPĂDATU

2010-06-01

Full Text Available The accounting law appeared as a new procedure together with the globalisation period and the knowledge economy. The accounting information relevance for company patrimony approach is both an economic theoretical issue and an accounting law one. Apart from the norms regarding significance breakeven and economic axiom, contractual aspects are also important. The most precise, organized and significant data can be obtained only from accounting. In this way, managers and administrators would like to get information ignoring the real capacity of accounting as much as possible. For this kind of situations, it is the accounting law that puts things into light.

The Vulnerable Subject of Negligence Law

OpenAIRE

Stychin, C.

2012-01-01

The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law...

29 CFR 570.129 - Relation to other laws.

Science.gov (United States)

2010-07-01

... Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION General Statements of Interpretation of the Child Labor... employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance...

Naval Law Review, Volume 50, 2004

National Research Council Canada - National Science Library

Noone, Gregory P; Fleming, Christian P; Morean, Robert P; Danner, Jr., John V; Fluhr, Jr., Philip N; Shapiro, Jonathan I; Hodgkinson, Sandra L; Romero, Joseph; Yim, Anthony; Galvin, Joseph E

2004-01-01

...: Issues in Modern Warfare," by Commander Gregory P. Noone, et al. This article discusses the history of the treatment of prisoners of war, the law of armed conflict as it pertains to them, and relevant U.S. policy...

Nuclear Law Bulletin No. 96. Volume 2015/2

International Nuclear Information System (INIS)

Reynolds, M.; Thiele, L.; Touitou-Durand, F.; Pelzer, N.; Tafili, V.; Manually, Y.; Adomaityte, U.; Adamczyk, K.; Nowacki, T.; Chiripus, V.; Pistekova, Z.; Skraban, A.; Knopp Pisi, S.; Hoang, V.; Rothschild, T.; Durand, A.; Rivera, S.R.; Salter, I.

2015-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with 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 'Treaty implementation applied to conventions on nuclear safety' and 'Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents'. (authors)

Problems of Public Initiatives Realization in the Russian Federation

Directory of Open Access Journals (Sweden)

Guziy A. E.

2013-10-01

Full Text Available The article reads about the institute of public initiatives in the Russian Federation. The comparative law analysis of this form of democracy with the analogous institute in the United States of America has been conducted.

Capital Punishment: An Overview of Federal Death Penalty Statutes

National Research Council Canada - National Science Library

Bazan, Elizabeth B

2005-01-01

With the passage of P.L. 103-322, the Violent Crime Control and Law Enforcement Act of 1994, the federal death penalty became available as a possible punishment for a substantial number of new and existing civilian offenses...

PROBLEMATIC ASPECTS OF INTERNATIONAL COOPERATION OF THE RUSSIAN FEDERATION ON THE FIGHT AGAINST CYBERCRIME

OpenAIRE

MAKUSHEV DMITRY IVANOVICH

2016-01-01

The article is devoted to topical issues of international cooperation of the Russian Federation and foreign countries in combating cybercrime. The author offers measures in international law on the improvement of cooperation between law enforcement agencies of foreign countries in the fight against computer crimes.

Religious Values and Conflict of Laws

Directory of Open Access Journals (Sweden)

Sara Tonolo

2016-02-01

Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

Case law

International Nuclear Information System (INIS)

2013-01-01

This section reports on 7 case laws from 4 countries: - France: Conseil d'Etat decision, 28 June 2013, refusing to suspend operation of the Fessenheim nuclear power plant; - Slovak Republic: New developments including the Supreme Court's judgment in a matter involving Greenpeace Slovakia's claims regarding the Mochovce nuclear power plant; New developments in the matter involving Greenpeace's demands for information under the Freedom of Information Act; - Switzerland: Judgment of the Federal Supreme Court in the matter of the Departement federal de l'environnement, des transports, de l'energie et de la communication (DETEC) against Ursula Balmer-Schafroth and others on consideration of admissibility of a request to withdraw the operating licence for the Muehleberg nuclear power plant; - United States: Judgment of the Court of Appeals for the District of Columbia Circuit granting petition for writ of mandamus ordering US Nuclear Regulatory Commission (NRC) to resume Yucca Mountain licensing; Judgment of the Court of Appeals for the Second Circuit invalidating two Vermont statutes as preempted by the Atomic Energy Act; Judgment of the NRC on transferring Shieldalloy site to New Jersey's jurisdiction

Nuclear Law Bulletin No. 97. Volume 2016/1

International Nuclear Information System (INIS)

Fischer, D.; Saric, J.; Touitou-Durand, F.; Mannully, Y.; Parle, M.; Adomaityte, U.; Majerus, P.; Adamczyk, K.; Nowacki, T.; Pavlovic, P.; Dovale Hernandez, I.; Ammon, B.; Popov, A.; Drillat, C.; Reynaers Kini, E.

2016-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with 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 'Nuclear third party liability in Germany' and 'Towards nuclear disarmament: State of affairs in the international legal framework'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

Documentation of the Federal Financial System Process at the Defense Finance and Accounting Service Indianapolis Center

National Research Council Canada - National Science Library

Gimble, Thomas

1997-01-01

...) and the Federal Financial Management Act of 1994 (Public Law 103-356). Public Law 103-356 requires DoD and other Government agencies to prepare consolidated financial statements for FY 1996 and each succeeding year...

A review of state regulations that exceed those of the federal Resource Conservation and Recovery Act (RCRA)

International Nuclear Information System (INIS)

Coutant, C.C.; Heckman, C.L.

1988-04-01

This report identifies and provides information on state hazardous waste management programs and regulations in states where the US Department of Energy (DOE) has facilities. The objective is to describe for the DOE defense program and its contractors how state requirements are more stringent than the federal regulations under the Resource Conservation and Recovery Act (RCRA). DOE defense programs are located in 13 of the 50 states. Most of these states have regulations that are essentially equivalent to the federal RCRA requirements as they existed prior to the 1984 amendments, but their regulations are, in most instances, more stringment than the federal requirements. Differences are both substantive and procedural, and they are summarized and tabulated herein. All but three of these 13 states have been granted Final Authorization from the US Environmental Protection Agency (EPA) to operate their own hazardous waste management program in accord with the federal RCRA program prior to the 1984 amendments; two of the three others have some stage of Interim Authorization. EPA currently administers all of the provisions of the 1984 amendments, including requirements for corrective action under Sect. 3004(u). Two states, Colorado and Tennessee, have been granted revisions to their Final Authorizations delegating responsibility for the hazardous wastes. Responsible state agencies (with appropriate telephone numbers) are indicated, as are the relevant laws and current regulatory statutes

Administrative law risks of the governmental and municipal procurement system

Directory of Open Access Journals (Sweden)

Dyuzhikov Sergey, A.

2015-09-01

Full Text Available The paper deals with the administrative law risks of the Russian system of public procurement. The authors analyze the foregoing risks in the view of the correlation of risk situations, risk actions (omission and administrative law prohibitions. The authors are considering problems of the subject and some other characteristics essential to the administrative offenses in terms of the most systemic risk in this sphere – an information risk. The materials on law practice open to general use generated in more than 25 entities of the Russian Federation were used in the paper while preparing.

Nuclear supervision - federal executive administration or federal self-administration. From the view of an optimum task fulfillment; Atomaufsicht - Bundesauftragsverwaltung oder Bundeseigenverwaltung? Aus der sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Cloosters, W. [MSGV Schleswig-Holstein, Kiel (Germany)

2005-07-01

The paper is focussed on the organization of the supervising authorities in the framework of the atomic energy law in Germany. The topics discussed include the distribution of administrative competences within the nuclear supervision, the practical experience of nuclear reactor supervision, the considerations of transferring the nuclear supervision from the federal executive administration into a federal self-administration, and an evaluation of the reform considerations.

Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

Science.gov (United States)

Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

2017-12-01

(1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.

Law of the energy economy. A practical manual. 4. new rev. ed.; Recht der Energiewirtschaft. Praxishandbuch

Energy Technology Data Exchange (ETDEWEB)

Schneider, Jens-Peter [Freiburg Univ. (Germany); Theobald, Christian (ed.)

2013-07-01

This manual presents the laws governing the electricity and gas markets, a field that has evolved at ever greater speed since the onset of liberalisation. Its content is of practical relevance and well-founded, yet nonetheless readily comprehensible to the layman. Following introductory sections on the technical and economic as well as national and European foundations of energy law are a wealth of contributions offering detailed analyses of the regulation of market structures; planning and licensing of energy infrastructure and energy installations; granting of municipal concessions to energy supply companies; trade in energy and emission permits as well as grid operation and grid utilisation; energy regulatory authorities and procedures; promotion of renewable energy, cogeneration and energy saving. The manual consistently takes account of the relevant regulations of cartel, municipal, environmental, tax, contractual and financial market law. Links to energy law proper are duly covered wherever practically relevant. The following legislation in particular has been incorporated in this new edition: 2011 amendment to the Energy Economy Law (unbundling, transmission system operator, grid development plans, modernisation in metrology, new consumer rights); 2012 amendment to the Nuclear Energy Law; Grid Expansion Acceleration and Transmission System Law of 2011 (NABEG); Renewable Energy Law of 2012; and Cogeneration Law of 2012.

Federalism in Nepal: Divergent Perception and Convergent Requirement for Democratic Consolidation

Science.gov (United States)

2013-03-01

without a law for sexual harassment , and one study says that there are still about 85 discriminatory laws and 137 discriminatory legal provisions.147...procedures because federalization and democratization of the state are mutually supportive, a lesson learned from India and Spain. Only political...supportive, a lesson learned from India and Spain. Only political understanding at the highest possible levels and compromise of political interests

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 second laws of quantum thermodynamics.

Science.gov (United States)

Brandão, Fernando; Horodecki, Michał; Ng, Nelly; Oppenheim, Jonathan; Wehner, Stephanie

2015-03-17

The second law of thermodynamics places constraints on state transformations. It applies to systems composed of many particles, however, we are seeing that one can formulate laws of thermodynamics when only a small number of particles are interacting with a heat bath. Is there a second law of thermodynamics in this regime? Here, we find that for processes which are approximately cyclic, the second law for microscopic systems takes on a different form compared to the macroscopic scale, imposing not just one constraint on state transformations, but an entire family of constraints. We find a family of free energies which generalize the traditional one, and show that they can never increase. The ordinary second law relates to one of these, with the remainder imposing additional constraints on thermodynamic transitions. We find three regimes which determine which family of second laws govern state transitions, depending on how cyclic the process is. In one regime one can cause an apparent violation of the usual second law, through a process of embezzling work from a large system which remains arbitrarily close to its original state. These second laws are relevant for small systems, and also apply to individual macroscopic systems interacting via long-range interactions. By making precise the definition of thermal operations, the laws of thermodynamics are unified in this framework, with the first law defining the class of operations, the zeroth law emerging as an equivalence relation between thermal states, and the remaining laws being monotonicity of our generalized free energies.

Ward Valley and the Federal Low-Level Radioactive Waste Policy Act

International Nuclear Information System (INIS)

Pasternak, A.D.

1996-01-01

In his State of the Union Address delivered on 23 January 1996, President Clinton said, speaking generally, open-quotes Passing a law - even the best possible law - is only a first step. The next step is to make it work.close quotes The president is right, of course; faithful execution of any law is the key. Unfortunately, this lesson appears lost on his own administration when it comes to making the Low-Level Radioactive Waste Policy Act work. That act is one of the most important environmental laws of the 1980s. It was designed by Congress and the state governors to assure both sufficient disposal capacity for low-level radioactive waste (LLRW) and regional equity in the siting of new disposal facilities. Former Congressman Morris Udall (D-Ariz.), who was chairman of the House Interior Committee and a congressional environmental leader, was author of the act. No state has done more to make the law work than California. No state has made more progress toward developing a new disposal facility for low-level radioactive waste as mandated by the act. But further progress, that is, actual construction and operation of a disposal facility, has been stymied by the federal administration, which has refused to convey federal desert lands to California for use as the site of the proposed disposal facility

The Federal Health Office in 1990. An information brochure

International Nuclear Information System (INIS)

1991-01-01

The Federal Health Office is the central research institution in the Federal Republic of Germany in the public health sector. Its task is to recognize and assess health hazards, contain such hazards within the framework of its legal competencies, and to provide scientific advice also on such health hazards as arise from the environment. The FHO's research activities are in the fields of health protection and consumer health protection, environmental hygiene, drug safety, and preventive medicine. - Executive tasks have been conferred on the Federal Health Office under the law on drugs and narcotic drugs, epidemics, particides and the use of chemicals, and genetic engineering. (orig./UT) [de

Competing Transnational Regimes under WTO Law

Directory of Open Access Journals (Sweden)

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.

EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

Directory of Open Access Journals (Sweden)

Radu-Daniel LOGHIN

2014-06-01

Full Text Available In respect to financial reporting, statutory accounting standards and regulations form only a part of the normative landscape. Considering the case of common law countries, besides these classic sources of norms and practices there is an alternative base for exercising the professional judgement of the accountant, the case law precedents which drive and supplement in cases accounting regulations. For the purpose of this paper, goodwill accounting is explored from a normative perspective which draws from case law precedents in Zimbabwe and South Africa, two emerging common law countries which share a rich common law heritage, resulting in a set of findings relevant to the understanding of the nature of goodwill as well as an understanding of the factors which lead to early adoption of International Accounting Standards.

E-Commerce in Europe - Relevant Law when Concluding a Contract on the Internet

Czech Academy of Sciences Publication Activity Database

Matejka, Ján; Štědroň, B.

2004-01-01

Roč. 4, č. 1 (2004), s. 45-49 ISSN 1213-4678 R&D Projects: GA AV ČR KJB7068402 Institutional research plan: CEZ:AV0Z7068917 Keywords : e- commerce * contract law * information society Subject RIV: AG - Legal Sciences

Nuclear Law Bulletin No. 98. Volume 2016/2

International Nuclear Information System (INIS)

Wetherall, Anthony C.; Soedersten, Anna; Berger, Marjorie; Paez, M.R.; Touitou-Durand, F.; Pelzer, N.; Adomaityte, U.; Majerus, P.; Nowacki, T.; Pospisil, M.; Skraban, A.; Noelliste, N.E.; Popov, A.; Drillat, C.; Reynaers Kini, E.

2016-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with 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 'Strengthening the international legal framework for nuclear security: Better sooner rather than later'; 'Brexit, Euratom and nuclear proliferation'; and 'McMunn et al. v Babcock and Wilcox Power Generation Group, Inc., et al.: The long road to dismissal'

76 FR 12135 - Publication Procedures for Federal Register Documents During a Funding Hiatus

Science.gov (United States)

2011-03-04

... Public Law 101-508, 104 Stat. 1388 (31 U.S.C. 1341), the Office of the Federal Register (OFR) announces... more Federal agencies, the OFR will remain open to accept and process documents authorized to be... as those related to the constitutional duties of the President, food and drug inspection, air traffic...

39 CFR 3060.40 - Calculation of the assumed Federal income tax.

Science.gov (United States)

2010-07-01

... Federal income tax. (a) The assumed Federal income tax on competitive products income shall be based on the Postal Service theoretical competitive products enterprise income statement for the relevant year... 39 Postal Service 1 2010-07-01 2010-07-01 false Calculation of the assumed Federal income tax...

Safety philiosophies in technology-related law discussed for the example of atomic energy law

International Nuclear Information System (INIS)

Rossnagel, A.

1993-01-01

In practice, legal ruling and its technical implementation stand isolated side by side. Taking the example of atomic energy law, the reasons for this situation and the significance of the deficit in the legal control of technology are examined. It is discussed how the controlling capacity of the law can be increased through the legal implementation of safety philosophies for technology. The paper deals with the problematic realtionship between technical and legal norms, with safety philosophies in the sense of mental approaches, safety concepts or safety postulates and their legal significance, and with the safety philosophy adhered to by the authorities and courts. The following learning processes in safety philosophy are described: new concepts of protection within the field of determinism, probabilistic safety concepts as well as concepts for the reduction of damage potential. Altogether it can be stated that the safety philosophy currently adhered to in Federal German licensing practice is not the only possible one; rather, that there are many different ways of conceptualizing, stipulating and checking technical safety. At least in the field of atomic energy law, this insight has a twofold significance: de lege lata there are several ways of operationalizing the licence requirements laid down in Article 7 of the Atomic Energy Law and the legally defined requirements for a licence withdrawal with the aid of technical licensing criteria. In all cases the legal wording is indeterminate and does not prescribe any specific safety philosophy. De lege ferenda it must be noted that amendments to the Atomic Energy Law entail a regularization of safety philosophy. This is a political necessity if the Atomic Energy Law is to be developed further and thus maintained as a modern security law. (orig.) [de

Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

Directory of Open Access Journals (Sweden)

TARASENKO, Elena

2013-11-01

Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

Federal Privacy Laws That Apply to Children and Education. Safeguarding Data

Science.gov (United States)

Data Quality Campaign, 2014

2014-01-01

This table identifies and briefly describes the following federal policies that safeguard and protect the confidentiality of personal information: (1) Family Educational Rights and Privacy Act (FERPA); (2) Protection of Pupil Rights Amendment (PPRA); (3) Health Insurance Portability and Accountability Act (HIPAA); (4) Children's Online Privacy…

Liability and damages in Japanese nuclear law

International Nuclear Information System (INIS)

Hoshino, E.

1981-01-01

The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

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.

The evolution of scientific and technological research and law

International Nuclear Information System (INIS)

Frowein, J.A.

1979-01-01

The author considers how research findings have been included in established law. In parts law refers to the state of art or to the state of science and technology (Federal Act for Protection Against Nuisances, Atomic Energy Law). The problem is how to determine this 'state'. Furthermore, problems are discussed which result from setting limits to research work, primarily from limits set by fundamental rights (genetic engineering, experiments with human subjects). Finally, the author examines to what extent research contributes to the further development of the legal system. Apart from the creation of new legal fields (laws relating to outer space, laws relating to the protection of data), there is the issue of fundamental changes occurring in the legal system, to be seen in the introduction of the liability for dangers and the producer liability. The legal system has the task to re-define the principle of human dignity again and again, and to protect it against a variety of dangers. (orig./HSCH) [de

Quantitative law describing market dynamics before and after interest-rate change

International Nuclear Information System (INIS)

Petersen, Alexander M.; Wang Fengzhong; Stanley, H. Eugene; Havlin, Shlomo

2010-01-01

We study the behavior of U.S. markets both before and after U.S. Federal Open Market Commission meetings and show that the announcement of a U.S. Federal Reserve rate change causes a financial shock, where the dynamics after the announcement is described by an analog of the Omori earthquake law. We quantify the rate n(t) of aftershocks following an interest-rate change at time T and find power-law decay which scales as n(t-T)∼(t-T) -Ω , with Ω positive. Surprisingly, we find that the same law describes the rate n ' (|t-T|) of 'preshocks' before the interest-rate change at time T. This study quantitatively relates the size of the market response to the news which caused the shock and uncovers the presence of quantifiable preshocks. We demonstrate that the news associated with interest-rate change is responsible for causing both the anticipation before the announcement and the surprise after the announcement. We estimate the magnitude of financial news using the relative difference between the U.S. Treasury Bill and the Federal Funds effective rate. Our results are consistent with the 'sign effect', in which 'bad news' has a larger impact than 'good news'. Furthermore, we observe significant volatility aftershocks, confirming a 'market under-reaction' that lasts at least one trading day.

Quantitative law describing market dynamics before and after interest-rate change.

Science.gov (United States)

Petersen, Alexander M; Wang, Fengzhong; Havlin, Shlomo; Stanley, H Eugene

2010-06-01

We study the behavior of U.S. markets both before and after U.S. Federal Open Market Commission meetings and show that the announcement of a U.S. Federal Reserve rate change causes a financial shock, where the dynamics after the announcement is described by an analog of the Omori earthquake law. We quantify the rate n(t) of aftershocks following an interest-rate change at time T and find power-law decay which scales as n(t-T)∼(t-T)(-Ω) , with Ω positive. Surprisingly, we find that the same law describes the rate n'(|t-T|) of "preshocks" before the interest-rate change at time T . This study quantitatively relates the size of the market response to the news which caused the shock and uncovers the presence of quantifiable preshocks. We demonstrate that the news associated with interest-rate change is responsible for causing both the anticipation before the announcement and the surprise after the announcement. We estimate the magnitude of financial news using the relative difference between the U.S. Treasury Bill and the Federal Funds effective rate. Our results are consistent with the "sign effect," in which "bad news" has a larger impact than "good news." Furthermore, we observe significant volatility aftershocks, confirming a "market under-reaction" that lasts at least one trading day.

Quantitative law describing market dynamics before and after interest-rate change

Science.gov (United States)

Petersen, Alexander M.; Wang, Fengzhong; Havlin, Shlomo; Stanley, H. Eugene

2010-06-01

We study the behavior of U.S. markets both before and after U.S. Federal Open Market Commission meetings and show that the announcement of a U.S. Federal Reserve rate change causes a financial shock, where the dynamics after the announcement is described by an analog of the Omori earthquake law. We quantify the rate n(t) of aftershocks following an interest-rate change at time T and find power-law decay which scales as n(t-T)˜(t-T)-Ω , with Ω positive. Surprisingly, we find that the same law describes the rate n'(|t-T|) of “preshocks” before the interest-rate change at time T . This study quantitatively relates the size of the market response to the news which caused the shock and uncovers the presence of quantifiable preshocks. We demonstrate that the news associated with interest-rate change is responsible for causing both the anticipation before the announcement and the surprise after the announcement. We estimate the magnitude of financial news using the relative difference between the U.S. Treasury Bill and the Federal Funds effective rate. Our results are consistent with the “sign effect,” in which “bad news” has a larger impact than “good news.” Furthermore, we observe significant volatility aftershocks, confirming a “market under-reaction” that lasts at least one trading day.

41 CFR 102-75.765 - What does the term “law enforcement” mean?

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false What does the term âlaw enforcementâ mean? 102-75.765 Section 102-75.765 Public Contracts and Property Management Federal Property Management Regulations System (Continued) FEDERAL MANAGEMENT REGULATION REAL PROPERTY 75-REAL PROPERTY DISPOSAL Surplus Real Property Disposal...

The „Collateral Estoppel” Theory in International Law

Directory of Open Access Journals (Sweden)

Claudia ANDRIŢOI

2011-08-01

Full Text Available The objectives of the article are represented by the fact that the interdependence of the two legal orders, internal and international, refers to the fact that, international law without internal law signifies federalization, which the contrary situation signifies the impossibility of establishing an international community. The rules of international law are applied to national court according to national constitutions and for domestic purposed. According to the theory of the act of state, even if it would seem that, at least internal acts of implementation of international rules are subjected to internal jurisdictions, the resolutions implemented often touch the problem of security and public order that escapes the judicial competencies. But, sometimes, the refuse of controlling the resolutions of the SC has been justified according to the UN Charta supremacy. In this case, national courts have been in the position of interpreting the CS resolutions. In conclusion it results that international law will efficiency the application of positive law being at least, an instrument of interpreting, and, on the other side, national law represents an exclusive means of transposing international regulation on a state plan.

24 CFR 291.520 - Eligible law enforcement officers.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Eligible law enforcement officers. 291.520 Section 291.520 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-OWNED...

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement; Atomaufsicht - Bundesautragsverwaltung oder Bundeseigenverwaltung aus der Sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Renneberg, W. [Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit, Bonn (Germany)

2005-01-01

One year ago, Federal Minister for the Environment Juergen Trittin expressed doubt about the long-term viability of the federal states' acting on behalf of the federal government in the field of atomic energy law administration. An alternative to this type of administration was mentioned, namely direct execution by the feral government, and a thorough examination was announced. This was to show which type of administration would achieve maximum safety for the residual operating lives of nuclear power plants. Kienbaum Management Consultants were commissioned to evaluate the current status and potential alternative structures. That study was performed within the framework of one of the key projects in reactor safety of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), namely the reform of nuclear administration. Further steps to be taken by the BMU by the end of this parliamentary term are presented. The federal state are to be approached in an attempt to conduct an unbiased discussion of the pros and cons of the alternatives to administration by the federal states on behalf of the federal government. Questions will be clarified which need to be examined in depth before direct administration by the federal government can be introduced. These include constitutional matters and matters of costing in financing the higher-level federal authority as well as specific questions about the organization of that authority. The purpose is to elaborate, by the end of this parliamentary term, a workable concept of introducing direct federal administration of nuclear safety. (orig.)

78 FR 59974 - Publication Procedures for Federal Register Documents During a Funding Hiatus

Science.gov (United States)

2013-09-30

... Public Law 101-508, 104 Stat. 1388 (31 U.S.C. 1341), the Office of the Federal Register (OFR) announces... hiatus affecting one or more Federal agencies, the OFR will remain open to accept and process documents... activities such as those related to the constitutional duties of the President, food and drug inspection, air...

Afriforum v Malema: The limits of law and complexity | Buitendag ...

African Journals Online (AJOL)

More specifically, by reading the judgment through an autopoietic systems theory lens, some points of criticism on the judgment in particular and the law in general become apparent. It is contended ... An attempt is made to open law to considerations external to what it traditionally considers to be relevant to its operation.

Case law

International Nuclear Information System (INIS)

2016-01-01

This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas

Three Essays on Law Enforcement and Emergency Response Information Sharing and Collaboration: An Insider Perspective

Science.gov (United States)

Treglia, Joseph V.

2013-01-01

This dissertation identifies what may be done to overcome barriers to information sharing among federal, tribal, state, and local law enforcement agencies and emergency responders. Social, technical, and policy factors related to information sharing and collaboration in the law enforcement and emergency response communities are examined. This…

LAWS ON SEX DISCRIMINATION IN EMPLOYMENT--FEDERAL CIVIL RIGHTS ACT, TITLE VII. STATE FAIR EMPLOYMENT PRACTICES LAWS.

Science.gov (United States)

Women's Bureau (DOL), Washington, DC.

TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT (1964) PROHIBITS DISCRIMINATION ON THE BASIS OF SEX IN ADDITION TO THE USUAL GROUNDS OF RACE, COLOR, RELIGION, AND NATIONAL ORIGIN. IT COVERS PRIVATE EMPLOYMENT AND LABOR ORGANIZATIONS ENGAGED IN INDUSTRIES AFFECTING COMMERCE, AS WELL AS EMPLOYMENT AGENCIES. IT IS UNLAWFUL FOR EMPLOYERS TO REFUSE TO HIRE,…

Multidisciplinary Assessment of Citizenship Approach in Modern Law and Problem of “Denaturalisation” on the Basis of Law and Communication

Directory of Open Access Journals (Sweden)

Ayhan Dolunay

2017-09-01

Full Text Available Through the provision of general definition for the concepts of “modernisation” with many dimensions and “law”1 as there is no main consensus on the doctrine, our study discussed the concept of “modern law” reached through the related impacts” and addressed the issue of “denaturalisation”, which is defined as “against the modern law system” in the field of “cizitezenship law” as one of the modern law domains covering various concepts within, and is not under the scope of European Convention on Nationality and Turkish Law, however is covered under the applicable citizenship law of the Turkish Republic of Northern Cyprus and under the new law on citizenship aiming the revision of existing law and elaborated that the related issue is not only constitute a question of law but also with another significant aspect harms the communication and relationship between state-individual and state and other states/international organizations. Consequently, our study delivered concrete proposals to eliminate/prevent the divergences caused by the relevant organisation regarding the legal, communication and other domains of social sciences.

Medical support for law enforcement-extended operations incidents.

Science.gov (United States)

Levy, Matthew J; Tang, Nelson

2014-01-01

As the complexity and frequency of law enforcement-extended operations incidents continue to increase, so do the opportunities for adverse health and well-being impacts on the responding officers. These types of clinical encounters have not been well characterized nor have the medical response strategies which have been developed to effectively manage these encounters been well described. The purpose of this article is to provide a descriptive epidemiology of the clinical encounters reported during extended law enforcement operations, as well as to describe a best practices approach for their effective management. This study retrospectively examined the clinical encounters of the Maryland State Police (MSP) Tactical Medical Unit (TMU) during law enforcement extended operations incidents lasting 8 or more hours. In addition, a qualitative analysis was performed on clinical data collected by federal law enforcement agencies during their extended operations. Forty-four percent of missions (455/1,047) supported by the MSP TMU lasted 8 or more hours. Twenty-six percent of these missions (117/455) resulted in at least one patient encounter. Nineteen percent of patient chief complaints (45/238) were related to heat illness/ dehydration. Fifteen percent of encounters (36/238) were for musculoskeletal injury/pain. Eight percent of patients (19/238) had nonspecific sick call (minor illness) complaints. The next most common occurring complaints were cold-related injuries, headache, sinus congestion, and wound/laceration, each of which accounted for 7 percent of patients (16/238), respectively. Analysis of federal law enforcement agencies' response to such events yielded similar clinical encounters. A wide range of health problems are reported by extended law enforcement operations personnel. Timely and effective treatment of these problems can help ensure that the broader operations mission is not compromised. An appropriate operational strategy for managing health complaints

Right, laws, regulations and technical building systems; Recht, Gesetze, Verordnungen und Technische Gebaeudesysteme

Energy Technology Data Exchange (ETDEWEB)

Kranz, H.R. [Siemens AG, Karlsruhe (Germany)

1995-12-31

Chapter 23 of the anthology about building control gives an overview of the laws and regulations in the field of technical building systems. The following fields are discussed: license regulations in the field of building trade, communication law, environmental responsibility law, building right, European directives, laws and regulations of the Federal Government and the Laender. (BWI) [Deutsch] Kapitel 23 des Sammelbandes ueber Building Control gibt einen Ueberblick ueber Recht, Gesetze und Verordnungen im Bereich der Technischen Gebaeudesysteme. In diesem Zusammenhang kommen folgende Bereiche in Frage: Lizenzrecht im Bauwesen; Fernmelderecht; Umwelthaftungsgesetz; Baurecht; Europaeische Richtlinien; Gesetze und Verordnungen des Bundes und der Laender. (BWI)

The Impact of the Iowa Franchise Law on Restaurant Franchisor Expansion Strategy,

Science.gov (United States)

1997-06-18

the federal and state level to attempt to prevent franchisor abuses. The 1992 Iowa Franchise Law has been called the most controversial and restrictive...its 1995 Amendments on restaurant franchisor expansion strategy, litigation with franchisees, and operational changes. The study sought information...from US restaurant franchisors who may have been impacted by the law. The research instrument consisted of a self-administered questionnaire, which was

Noul mecanism de întărire a statului de drept la nivelul Uniunii Europene: în direcţia unui model federal ? (The new mechanism of strenghtening the rule of law at the European Union level: to a federal model ?

Directory of Open Access Journals (Sweden)

Radu CARP

2014-05-01

Full Text Available During the last years the commitment towards democracy and the rule of law of certain EU Member States as Romania and Hungary was seriously damaged. The EU could not rely until recently on any mechanism to intervene, except Article 7 of the Treaty on European Union, meaning the suspension of votes in the European Council, a sanction that has not been applied so far. The President of the European Commission rightly assessed in 2012 that the EU does not have anything between the “soft power” of political persuasion and the “nuclear option” of Article 7. This situation is changed since the European Commission adopted in March 2014 a new framework for strengthening the rule of law in EU Member States. This mechanism is based on the adoption of measures preliminary to the application of Article 7. The article describes this new mechanism and considers that it contributes to the federal model based on more political integration between EU Member States. The relationship of this mechanism with the Cooperation and Verification Mechanism is also analysed.

Environmental Issues in a Federation: The Case of Malaysia

Directory of Open Access Journals (Sweden)

Muhammad Yusuf Saleem

2005-12-01

Full Text Available Abstract: From a constitutional perspective, the responsibilities over environmental issues cannot be precisely divided between federal and state governments. Environmental problems could only be dealt with successfully, as the Malaysian case exemplify, through a concurrent jurisdiction. The responsibility for the implementation of environmental laws is left to the states which because of their nearness to the source of environmental problems are in a better position to monitor violations. However, interstate environmental problems must be addressed jointly by federal and state governments.

Nuclear Law Bulletin No. 95. Volume 2015/1

International Nuclear Information System (INIS)

2015-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with 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 'Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella'; 'Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna'; 'Nuclear arbitration: Interpreting non-proliferation agreements'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

Using information technology to help business students learn about contract law

Directory of Open Access Journals (Sweden)

John S. Edwards

1995-12-01

Full Text Available Almost all business students study law. However, business students have a different perspective on law from that of law students. A common problem, therefore, in legal courses for business students is how to provide a sufficiently wide-ranging, practically relevant programme without the sacrifice of intellectual depth. At Aston Business School, one approach adopted has been to supplement lectures with role-play exercises, rather than conventional tutorials.

Settlement of Tax Disputes in the Russian Federation and Germany

OpenAIRE

Anastasiya Alexandrovna Konyukhova

2015-01-01

This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority tha...

eContracting according to Dutch law

NARCIS (Netherlands)

Schaub, M.Y.

2002-01-01

The European Union is working on a legislative framework affecting e-commerce. The goal is to ensure the prosperous development of e-commerce within the Internal Market. Since these legislative initiatives have not led to full harmonisation, national law remains relevant. For example the e-commerce

An empirical analysis of fiscal federalism implementation and of cost accounting in Italian public administrations

Directory of Open Access Journals (Sweden)

Pina Puntillo

2012-09-01

Full Text Available The concept of cost has been introduced in Italian Administration since the early nineties. There is a copious legislation referring directly or indirectly, to the need, as well as to the utility of measuring the costs of public administration, in deference, to a renewed interpretation of the constitutional principle of Good Performance in pursuance of Article. 97 of the Italian Constitution. The most recent and probably the most significant intervention at institutional level, is the implementation of fiscal federalism as provided by Law. 42, 2009. The core features of fiscal federalism are the transition from historical expenditure to standard costs as a criterion for determining financial needs of public bodies, together with the attempt to establish more meaningful accountability mechanisms, both to policy makers and to public management. The measurement of standard costs represents one of the pillars of fiscal federalism and it will be pursued using the mechanism of "best practice". Full implementation of fiscal federalism, therefore, requires the verification of the operating costs of all public administrations. According to statutory law, regions are also required to provide verification of operating costs, for the successful pursuing of fiscal federalism. The present research is going to assess the level of diffusion of cost accounting in Italian regional public administrations. The methodology used for this paper includes the analysis of regional law as well as interviews to the officials of accounting and auditing offices

29 CFR 2704.307 - Decision of administrative law judge.

Science.gov (United States)

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Decision of administrative law judge. 2704.307 Section 2704.307 Labor Regulations Relating to Labor (Continued) FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS Procedures for Considering...

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

12 CFR 544.5 - Federal mutual savings association bylaws.

Science.gov (United States)

2010-01-01

... by the association. (3) Corporate governance procedures. A Federal mutual association may elect to follow the corporate governance procedures of the laws of the state where the main office of the... corporate governance procedures, and shall file a copy of such bylaws, which are effective upon adoption...

75 FR 77727 - Federal Acquisition Regulation; HUBZone Program Revisions

Science.gov (United States)

2010-12-13

... officer. Response: If the contracting officer is notified of possible contractor violations of Federal law...) * * * * * (d)(1) Contractors acting in good faith may rely on written representations by their subcontractors... award of a HUBZone contract, a HUBZone small business concern must be a HUBZone small business concern...

41 CFR 102-36.285 - May we charge for personal property transferred to another federal agency?

Science.gov (United States)

2010-07-01

... Property Management Federal Property Management Regulations System (Continued) FEDERAL MANAGEMENT... general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or... corporation. (b) You may charge for direct costs you incurred incident to the transfer, such as packing...

State-federal interactions in nuclear regulation

Energy Technology Data Exchange (ETDEWEB)

Pasternak, A.D.; Budnitz, R.J.

1987-12-01

The Atomic Energy Act of 1954 established, and later Congressional amendments have confirmed, that except in areas which have been explicitly granted to the states, the federal government possesses preemptive authority to regulate radiation hazards associated with the development and use of atomic energy. Since the passage of the original Act, numerous decisions by the courts have reaffirmed the legitimacy of federal preemption, and have defined and redefined its scope. In this study, the aim is to explore the underlying issues involved in federal preemption of radiation-hazard regulation, and to recommend actions that the Department of Energy and other agencies and groups should consider undertaking in the near term to protect the preemption principle. Appropriate roles of the states are discussed, as well as recent state-level activities and their rationale, and several current arenas in which state-federal conflicts about regulation of hazards are being played out. The emphasis here is on four particular arenas that are now important arenas of conflict, but the issues discussed are far broader in scope. These four arenas are: state-level moratorium activity; emergency planning for reactors; conflicts arising from state financial regulation; and inroads in federal preemption through litigation under state law.

State-federal interactions in nuclear regulation

International Nuclear Information System (INIS)

Pasternak, A.D.; Budnitz, R.J.

1987-12-01

The Atomic Energy Act of 1954 established, and later Congressional amendments have confirmed, that except in areas which have been explicitly granted to the states, the federal government possesses preemptive authority to regulate radiation hazards associated with the development and use of atomic energy. Since the passage of the original Act, numerous decisions by the courts have reaffirmed the legitimacy of federal preemption, and have defined and redefined its scope. In this study, the aim is to explore the underlying issues involved in federal preemption of radiation-hazard regulation, and to recommend actions that the Department of Energy and other agencies and groups should consider undertaking in the near term to protect the preemption principle. Appropriate roles of the states are discussed, as well as recent state-level activities and their rationale, and several current arenas in which state-federal conflicts about regulation of hazards are being played out. The emphasis here is on four particular arenas that are now important arenas of conflict, but the issues discussed are far broader in scope. These four arenas are: state-level moratorium activity; emergency planning for reactors; conflicts arising from state financial regulation; and inroads in federal preemption through litigation under state law

1998 federal technical standards workshop: Proceedings

Energy Technology Data Exchange (ETDEWEB)

NONE

1998-10-01

The theme for the 1998 workshop was Standards Management -- A World of Change and Opportunities. The workshop`s goal was to further the implementation of the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) through the sharing of standards management success stories, lessons learned, and emerging initiatives within the Executive Branch of the Federal Government. The target audience for this workshop included agency/department and contractor personnel and representatives of standards developing organizations that either used technical standards in their work for the Federal Government of participated in standards writing/management activities in support of the missions and programs of Federal agencies/departments. As with previous standards workshops sponsored by the DOE, views on the technical subject areas under the workshop theme were solicited from and provided by agency Standards Executives and standards program managers, voluntary standards organizations, and the private sector. This report includes vugraphs of the presentations.

26 CFR 1.6050M-1 - Information returns relating to persons receiving contracts from certain Federal executive agencies.

Science.gov (United States)