WorldWideScience

Sample records for relevant federal laws

  1. 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…

  2. 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…

  3. Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

    Science.gov (United States)

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

    This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

  4. Source index A: Federal law, without agreements under international law. As of December 31, 1994

    International Nuclear Information System (INIS)

    1995-01-01

    The Federal Law Catalogue and relevant sources - BGBl. III - is the basis of the source index A, which from 1st January 1966 onwards publishes the sources of laws and statutes announced in the Federal Law Gazette, part I and part II, as well as in the Federal Gazette. The source index A covers the sources of all statutes and amendments since 1st January 1964. Official directives, however, are not always announced in the Federal Law Gazette, or in the promulgation section of the Federal Gazette, but rather in the official journals of the Federal Ministries, and in the announcement section of the Federal Gazette. This also applies to amendments or cancellations of directives first published in the Federal Law Gazette or in the promulgation section of the Federal Gazette. As the latter and the official journals on the ministries are not scanned for the source index A, there is no guarantee as to complete coverage of directives. Subject scope 75 covers acts and directives relating to mining, nuclear energy, electricity, gas and power supply. (orig.) [de

  5. WORKER PROTECTION: Federal Contractors and Violations of Labor Law

    National Research Council Canada - National Science Library

    1995-01-01

    ... of Federal Contract Compliance Programs (OFCCP). Federal law and an executive order place greater responsibilities on federal contractors compared with other employers In some areas of workplace activity...

  6. 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

  7. 40 CFR 270.3 - Considerations under Federal law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 26 2010-07-01 2010-07-01 false Considerations under Federal law. 270... Considerations under Federal law. The following is a list of Federal laws that may apply to the issuance of... applicable law requires consideration or adoption of particular permit conditions or requires the denial of a...

  8. 40 CFR 122.49 - Considerations under Federal law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Considerations under Federal law. 122... Conditions § 122.49 Considerations under Federal law. The following is a list of Federal laws that may apply... must be followed. When the applicable law requires consideration or adoption of particular permit...

  9. 7 CFR 501.14 - Non-Federal law enforcement.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 6 2010-01-01 2010-01-01 false Non-Federal law enforcement. 501.14 Section 501.14...-Federal law enforcement. Research Center special policemen may be deputized by State or local law... State or local law enforcement agency, the facilities or services of such State or local law enforcement...

  10. 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

  11. 40 CFR 144.4 - Considerations under Federal law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 22 2010-07-01 2010-07-01 false Considerations under Federal law. 144... (CONTINUED) UNDERGROUND INJECTION CONTROL PROGRAM General Provisions § 144.4 Considerations under Federal law. The following is a list of Federal laws that may apply to the issuance of permits under these rules...

  12. 40 CFR 258.3 - Consideration of other Federal laws.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 24 2010-07-01 2010-07-01 false Consideration of other Federal laws... CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS General § 258.3 Consideration of other Federal laws. The owner... rules, laws, regulations, or other requirements. ...

  13. 36 CFR 8.4 - Federal and State labor laws.

    Science.gov (United States)

    2010-07-01

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

  14. 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…

  15. Confederation and federation in the general theory of law and state and in positive law

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  16. 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...

  17. 20 CFR 650.2 - Federal law requirements.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Federal law requirements. 650.2 Section 650.2 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR STANDARD FOR APPEALS... Security Act requires that a State law include provision for: Such methods of administration * * * as are...

  18. 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…

  19. 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 ...

  20. 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

  1. Agreements concluded by the Federal Republic of Germany under international law in the field of environmental protection. Annex: Treaties with the GDR. (Source index in the Federal Law Gazette, part II). (As of September 15, 1987)

    International Nuclear Information System (INIS)

    Lohse, S.

    1987-01-01

    This compilation contains all agreements under international law in the field of environmental protection, the FRG has joined and that have been published and/or announced in the Federal Law Gazette, part II. The summary is of September 15, 1987. The classification is made according to the subjects: waste management law, pollution abatement law, nuclear law and energy and mining law and within these according to the date of treaty/agreement. For easier access, there are a chronological index, an index of the contracting states and an index of the places of contract. In the annex the relevant treaties with the German Democratic Republic are indicated. (orig./HP) [de

  2. 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...

  3. 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

  4. 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.

  5. 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....

  6. Federal Law "On Prosecutor's Office of the Russian Federation": Conditions of Adoption and Development Trends

    Directory of Open Access Journals (Sweden)

    Boris V. Korobeynikov

    2015-12-01

    Full Text Available Adoption of the Federal Law "On Prosecutor's Office of the Russian Federation" in 1992 took place in a tough fight in the time of privatization and restructuring. At this time, revealed numerous violations. Prosecution authorities stood on the position of the rule of law and the interests of the state, has become a serious obstacle to the forces that destroy the state and its economy. In the 90 years of the twentieth century, the prosecutor's office declined status in the society, which is reflected in the text of the new Constitution of the Russian Federation (1993, containing only one, 129 article devoted to the prosecuting authorities, while there were five (Article in the Constitution of the USSR of such articles . 164, 165, 166, 167, 168. Also, the law "On the Prosecutor's Office of the Russian Federation" does not include an article on the problems of supervision in this direction, as well as Art. 30 "to arrest". These changes to the law the prosecutor's office indicate the desire of the legislator to downplay the independence of the prosecution and its role in countering the massive violation of the law of the initial period of "perestroika". The role of politics in the legal regulation of the activities of the prosecutor's office is determined by the law "On the Prosecutor's Office of the Russian Federation" and the insertion in the amended. The activities of the prosecution authorities, the powers of prosecutors are regulated by criminal procedure, civil procedure, arbitration procedure and other legislation, which varies due to the effects of many political reasons.

  7. 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

  8. 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

  9. 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...

  10. Confederation and federation in the general theory of law and state and in positive law (part one

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  11. Draft of a Federal Mining Law (BBergG). [German Federal Republic

    Energy Technology Data Exchange (ETDEWEB)

    1977-01-01

    Standardization and rearrangement is proposed for all the mining laws in the Federal Republic of Germany, especially of the regulations concerning prospecting and mining of natural resources. The draft provides; 1) creation of a modern, elastic system of concessions for particularly important natural resources withdrawn from the landed property; smoothing of the existing system of mineral rights; 2) development of the instruments of mining law adapted to the special requirements of mining natural resources in view of preventive and current control of the operation and its supervision; 3) first-time authorizations for federal safety and labor protection decrees; 4) reformation of the relationship with the employer's liability insurances and, resulting therefrom, improvement of the accident prevention measures; 5) stronger embodiment of damage-preventing measures in mining-damage law; improvement of the extent of liability and the protection of those damaged; 6) accounting for related new engineering developments (underground tankless storage); 7) final regulation for prospecting and mining of natural resources in the range of the continental shelf; 8) relief of mining law from alien legal matters as well as liquidation of antiquated institutes of mining law.

  12. 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.

  13. 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.

  14. The Russian Federation legislation. The new laws. Prospects for international cooperation

    International Nuclear Information System (INIS)

    Lebedev, A. YE.

    2002-01-01

    Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on U tilization of atomic energy ; Amendments to Articles 50 of the Federal Law on E nvironmental protection ; The new Federal Law O n Special ecological programs for the clean- up of areas, contaminated by radiation . (author)

  15. The Russian Federation legislation. The new laws. Prospects for international cooperation

    Energy Technology Data Exchange (ETDEWEB)

    Lebedev, A. YE. [Department of project management TENEX, 26, Staromonetnyi Per., 109180 Moscow (Russian Federation)

    2002-07-01

    Survey of the regulatory basis for the international cooperation of the Russian Federation in the area of foreign commercial and research spent fuel management. Analysis of the latest legislative amendments. Complex approach and environmental priorities of the new legislative initiatives (three Federal laws): Amendments to Articles 1, 47 and 64 of the Federal Law on {sup U}tilization of atomic energy{sup ;} Amendments to Articles 50 of the Federal Law on {sup E}nvironmental protection{sup ;} The new Federal Law {sup O}n Special ecological programs for the clean- up of areas, contaminated by radiation{sup .} (author)

  16. 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...

  17. Questions concerning constitutional law - Laender administration on behalf of the Federal Government

    International Nuclear Information System (INIS)

    Badura, P.

    1991-01-01

    The lecture deals with the interpretation of regulations on competence and organisation in the federal system the Laender administration on behalf of the Federal Government and the federal principles governing the formation of state - the legal relationship between the Federation and the Laender; the competence of the supreme federal authority for subject matters in executing federal law on behalf of the Federal Government. The following concluding statement is given: While extensive, the scope of the Federal Government in influencing the execution of federal law through the Laender in the case of the Laender administration on behalf of the Federal Government has its limits both in law and practice. In the case of atomic energy administration this situation may appear as an execution deficit from the point of view of the Federal Government. If at all desirable, redress is only conceivable via an amendment to Paragraph 85 of the Basic Law or to the specific constitutional regulations - possibly in the strengthening of the Federation through the instruments of Paragraph 85 of the Basic Law: authorization of the supreme federal authority to execute the federal law if there is an urgent public interest in this. (orig./HSCH) [de

  18. 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.

  19. 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...

  20. 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.

  1. [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.

  2. 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 ...

  3. 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...

  4. 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...

  5. 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.

  6. Problems concerning the Federal Government-Laender relationship in nuclear law

    International Nuclear Information System (INIS)

    Lange, K.

    1990-01-01

    The Atomic Energy Act is characterized by extremely extensive powers of decision and sole responsibility of the executive. Its profile is determined by discretionary assessment powers in connection with the interpretation of the given preconditions of pertinent legal standards and by judically not verifiable assessment possibilities in connection with legal consequences. In this situation, the authority to instruct, given to the Federal Government within the framework of the execution of Federal laws by Laender according to the instructions of the Federal Government pursuant to section 85 III Basic Law, is of special, far-reaching significance. The article investigates the limitatations of the Federal Government's power to instruct Laender to carry out activities underlying Federal laws: The burden has to be bearable for the Laender, the directions have to be absolutely clear. The fruitlessness of a Federal Government-Laender court case, in which a Land turns to the Federal Constitutional Court because of an instruction which, in the Land's eyes, would lead it to act unlawfully, does not principally exclude a Land from seeking legal protection in the administrative courts of law. It can only be hoped that the Federal Government will make use of its powers to instruct Laender with the necessary sensitivity, also in those cases when Laender, according to an appropriate decision of the Federal Constitutional Court, cannot enforce by legal proceedings the state's obligation to act in line with legal order. (orig./HSCH) [de

  7. 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...

  8. 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...

  9. 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.

  10. 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...

  11. 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...

  12. 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,…

  13. 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.

  14. 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…

  15. 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...

  16. 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...

  17. 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

  18. 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

  19. 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

  20. 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...

  1. 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...

  2. 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...

  3. 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...

  4. 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.

  5. 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...

  6. 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

  7. 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…

  8. [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.

  9. [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

  10. 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

  11. The law concerning the environmental impact assessment. Vol. 1. Collection of regulations with an introduction to EIA law

    International Nuclear Information System (INIS)

    Peters, H.J.

    1995-01-01

    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) [de

  12. 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

  13. 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)

  14. 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...

  15. 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.

  16. 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.

  17. 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

  18. 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...

  19. 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

  20. 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...

  1. Federal Act Amending Law Relating to Children (Children's Law Amendment Act), 15 March 1989.

    Science.gov (United States)

    1989-01-01

    Among other things, this Austrian Act provides the following with respect to the law relating to parents and children: 1) in cases where both parents have been given joint custody of a child and one of the parents has died or disappeared or custody has been withdrawn from that parent, the other parent has full custody; 2) in cases where one parent has custody and that parent dies or disappears or custody has been withdrawn, the court will determine whether the other parent should have sole custody or custody with others, or whether the grandparents should be given custody; 3) parents lacking full legal capacity have no right or duty to represent or manage the estate of their child; 4) the status of children born in marriage and children born outside of marriage is generally to be the same; 5) the legal representative of a child born outside of marriage has the responsibility to establish the paternity of the child, unless such establishment would be detrimental to the well-being of the child; 6) paternity is established through acknowledgement or a court decision; 7) acknowledgement is effected by means of a sworn statement and can be opposed by either the mother or the child within 1 year of being made aware of litigation if the paternity of the child has already been established, proper forms have not been followed, the acknowledgement is unclear, or a person without legal capacity has made the acknowledgement; 8) a person who has made an acknowledgement can contest it on the grounds that it was made through deception, error, or fear, or on the ground of existence of circumstances denying paternity; he can bring such a suit within 1 year of discovery of these grounds; 9) a mother has custody of her child born outside of marriage, and rules about the support and custody of children born inside and outside of marriage are in general to be the same; 10) a court can give the unmarried parents of a child joint custody when they live together in a lasting household

  2. 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.

  3. 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.

  4. 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.

  5. 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

  6. 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...

  7. 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.

  8. 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

  9. 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.

  10. 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

  11. 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.)

  12. 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.

  13. 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.

  14. 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

  15. 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

  16. 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

  17. 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.

  18. 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

  19. 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.

  20. 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.

  1. 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...

  2. 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…

  3. 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.

  4. 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.

  5. 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.

  6. 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)

  7. 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…

  8. 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...

  9. 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

  10. 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

  11. 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,…

  12. 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...

  13. Relevant Skills for Criminal Accounting Expertise: The Perception of Federal Police Experts and Delegates

    Directory of Open Access Journals (Sweden)

    Carlos Roberto dos Santos Filho

    2017-03-01

    Full Text Available This research aimed to identify which skills are considered most relevant to the practice of criminal accounting expertise in Brazil. As in international research, the skills perceived as most relevant were written communication, deductive analysis and critical thinking. Among the less relevant skills were the interview and the solution and negotiation of conflicts. In the second part, while experts and delegates jointly consider written communication to be the most present skills, delegates diverge from experts in terms of critical thinking and serenity. In addition, the respondents indicated skills that had not been investigated, and the most cited skills were proactivity, objectivity and updating. In the light of forensic accounting, the research method used was the survey, using a predefined questionnaire with open and closed questions, which 144 respondents answered. The study was divided into three parts: the first about the perceived relevance of the skills, the second about the perceived practical application of skills and the third part allowed the respondents to contribute with suggestions of skills that were considered relevant but did not figure among the skills investigated. The study contributes to the establishment of curricular guidelines for undergraduate and postgraduate courses related to the training of skills considered relevant for the training of future professionals and for the improvement of criminal accounting experts. Finally, we observe that the skills investigated and suggested can contribute to all areas of accounting expertise.

  14. 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

  15. 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

  16. 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...

  17. 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.

  18. 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.

  19. Failure to Obtain Computed Tomography Imaging in Head Trauma: A Review of Relevant Case Law.

    Science.gov (United States)

    Lindor, Rachel A; Boie, Eric T; Campbell, Ronna L; Hess, Erik P; Sadosty, Annie T

    2015-12-01

    The objectives were to describe lawsuits against providers for failing to order head computed tomography (CT) in cases of head trauma and to determine the potential effects of available clinical decision rules (CDRs) on each lawsuit. The authors collected jury verdicts, settlements, and court opinions regarding alleged malpractice for failure to order head CT in the setting of head trauma from 1972 through February 2014 from an online legal research tool (WestlawNext). Data were abstracted onto a standardized data form. The performance of five CDRs was evaluated. Sixty relevant cases were identified (52 adult, eight children). Of 48 cases with known outcomes, providers were found negligent in 10 cases (six adult, four pediatric), settled in 11 cases (nine adult, two pediatric), and were found not liable in 27 cases. In all 10 cases in which providers were found negligent, every applicable CDR studied would have indicated the need for head CT. In all eight cases involving children, the applicable CDR would have suggested the need for head CT or observation. A review of legal cases reported in a major online legal research system revealed 60 lawsuits in which providers were sued for failing to order head CTs in cases of head trauma. In all cases in which providers were found negligent, CT imaging or observation would have been indicated by every applicable CDR. © 2015 by the Society for Academic Emergency Medicine.

  20. 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

  1. 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.

  2. 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.

  3. 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

  4. 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...

  5. 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.)

  6. Federal Law Enforcement in Bi-National Perspective: The United States FBI and the Mexican PFM

    Science.gov (United States)

    2014-09-01

    de Ciencias Penales INCLE International Narcotics Control and Law Enforcement IT information technology LISSSTE Ley del Instituto de Seguridad y...Instituto Nacional de Ciencias Penales—INACIPE).195 However, if the video on Youtube.com is an indication of the seriousness with which ministerial

  7. Brief Highlights of Major Federal Laws and Order on Sex Discrimination in Employment.

    Science.gov (United States)

    Employment Standards Administration (DOL), Washington, DC. Women's Bureau.

    The following laws and order are explained in this pamphlet: (1) Equal Pay Act of 1963 (concerns prohibiting employers from paying workers of one sex less than workers of the other sex for equal work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions), (2) Title VII of the Civil…

  8. 31 CFR 103.100 - Information sharing between Federal law enforcement agencies and financial institutions.

    Science.gov (United States)

    2010-07-01

    ... FOREIGN TRANSACTIONS Special Information Sharing Procedures To Deter Money Laundering and Terrorist... money laundering—(1) In general. A law enforcement agency investigating terrorist activity or money... suspected based on credible evidence of engaging in, terrorist activity or money laundering; include enough...

  9. 77 FR 57949 - Federal Acquisition Regulation; Positive Law Codification of Title 41

    Science.gov (United States)

    2012-09-18

    ... establishment and use of electronic commerce in Federal acquisition as required by 41 U.S.C. 2301. 4.502... previously approved under the Office of Management and Budget Control Number 1215-0017, titled: Records to be... executive means the individual appointed pursuant to 41 U.S.C. 1702(c) who is responsible for management...

  10. Revolution by the Law. Transformation of the Czechoslovak Federal Assembly 1989-1990

    Czech Academy of Sciences Publication Activity Database

    Roubal, Petr

    2015-01-01

    Roč. 55, č. 3 (2015), s. 60-83 ISSN 0353-0329 R&D Projects: GA ČR(CZ) GAP410/11/0423 Institutional support: RVO:68378114 Keywords : Czechoslovak Federal Assembly * the Velvet Revolution * Civic Forum Subject RIV: AB - History

  11. Stewards of the Public Trust: Federal Laws that Serve Servicemembers and Student Veterans

    Science.gov (United States)

    McGrevey, Michael; Kehrer, Darryl

    2009-01-01

    Student services professionals are committed to helping students, including the new generation of military servicemembers. However, navigating the maze of federal programs and policies designed to help these deserving individuals requires special knowledge. This chapter assists campus administrators by providing information, first, on the rich…

  12. 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...

  13. 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…

  14. Geothermal energy and the law. I. The Federal Lands Management Program

    Energy Technology Data Exchange (ETDEWEB)

    Stone, C.D.; McNamara, J.

    1975-09-30

    A broad range of problems in the legal and institutional environment which hampers the development of the geothermal industry is discussed. The topics include: the development of geothermal energy; pre-leasing procedures--public vs. private assessment; exploratory permits and related strategies; the rate of geothermal leasing-past and future; compensation strategies; lessee qualifications; lands available for leasing; noncompensatory lease terms; ongoing leasehold and production requirements; problems of ''secondary'' geothermal uses; and water law conflicts. (LBS)

  15. Compendium of federal and state radioactive materials transportation laws and regulations: Transportation Legislative Database (TLDB)

    International Nuclear Information System (INIS)

    1989-10-01

    The Transportation Legislative Database (TLDB) is an on-line information service containing detailed information on legislation and regulations regarding the transportation of radioactive materials in the United States. The system is dedicated to serving the legislative and regulatory information needs of the US Department of Energy and other federal agencies; state, tribal, and local governments; the hazardous materials transportation industry; and interested members of the general public. In addition to the on-line information service, quarterly and annual Legal Developments Reports are produced using information from the TLDB. These reports summarize important changes in federal and state legislation, regulations, administrative agency rulings, and judicial decisions over the reporting period. Information on significant legal developments at the tribal and local levels is also included on an as-available basis. Battelle's Office of Transportation Systems and Planning (OTSP) will also perform customized searches of the TLDB and produce formatted printouts in response to specific information requests

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

    Science.gov (United States)

    Bennett, B

    2009-03-01

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

  17. The law governing the nuclear licensing procedure in Brazil and in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Andrade Da Costa Lima, W.

    1984-01-01

    The two first parts of this thesis separately describe the framework of the legal system of the two countries in the field of nuclear energy, whereas the third part goes into details which are explained in order to prepare the subsequent comparative analysis. The comparison covers the structural set-up of the bodies of the national atomic energy provisions, the structure of the various nuclear licensing procedures, the role and competences of experts and their opinions, and the role and competence of jurisdiction. The most profound difference is found in the fact that Brazilian administrative law does not include jurisdiction of an administrative court, and this for constitutional reasons. The civil courts only have competence to examine acts of administration with regard to their legality. The procedure for licensing nuclear installations or equipment is determined by the central licensing authority within the framework of its competency. So far, there have been no attempts in Brazil to seek judicial remedy or to start an action to set aside decisions taken in the nuclear licensing procedure. Furthermore, there are no means in Brazilian law to stop licensing whenever the requirements of Art. 7, section 1, no. I-IV of Lei 6189 are met. The licensing authority has no scope of discretion. Applicants for a licence in Brazil will have no problems in finding out which regulations are applicable to their particular case. The concrete definition of details, however, always is a time-consuming and expensive process. (orig./HSCH) [de

  18. Economic impact of the Federal Plant Health Law on the mexican market for persian lemon

    OpenAIRE

    Herbert Ruíz, Marlene; Mora Flores, José Saturnino; Martínez Damián, Miguel Ángel; García Mata, Roberto

    2010-01-01

    La globalización comercial exige que los mercados mundiales de productos agroalimentarios, realicen prácticas de inocuidad en sus productos libres de contaminantes químicos, biológicos y físicos. En este contexto, México modificó el 26 de julio de 2007 la Ley Federal de Sanidad Vegetal, la cual ahora tiene como objetivo la aplicación, verificación y certificación de los sistemas de reducción de riesgos de contaminación en la producción y empaque de vegetales. El objetivo de este trabajo fue a...

  19. The Relevance of History of Biology to Teaching and Learning in the Life Sciences: The Case of Mendel's Laws

    Science.gov (United States)

    Dagher, Zoubeida R.

    2014-01-01

    Using Mendel's laws as a case in point, the purpose of this paper is to bring historical and philosophical perspectives together to help students understand science as a human endeavor. Three questions as addressed: (1) how did the Mendelian scheme, principles, or facts become labeled as laws, (2) to what extent do Mendel's laws exhibit…

  20. The remaining risk to be accepted with test facilities and prototype plants, and the relevant legal provisions of nuclear law

    International Nuclear Information System (INIS)

    Mayinger, T.

    1995-01-01

    The first chapter explains the provisions laid down in nuclear law to assure that precaution is taken to prevent damage resulting from the operation of nuclear power reactors, in order to set a line for comparison with the relevant legal provisions relating to test facilities and prototype plants. The comparative analysis shows that the means and methods of precaution are defined to comprise three approaches, namely measures taken to avert danger, measures taken to prevent danger, and measures for (remaining) risk minimization. All three approaches are intended to prevent occurrence of specifically nuclear events. The second chapter characterizes power reactors, prototype plant and test facilities and develops criteria for distinction. The third chapter establishes the systematics for comparison, showing whether and how the mandatory precaution to prevent damage defined for power reactors, prototype plant, and test facilities can be distinguished from each other, the results being represented in a systematic survey of licensing requirements as laid down in section 7, sub-section 2 ATG (Atomic Energy Act). (orig./HP) [de

  1. [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.

  2. Procedures for permission under atomic energy laws in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Kuhnt, D.

    1980-01-01

    The selection of proper locations by the enterprisers responsible for projects is usually accompanied in recent years by the active location policy of the state. The application for the permission of locations and projects shall be filed to one or more ministries of the province where the facilities are to be installed. The papers describing the projects, especially safety reports and summaries shall be attached to the applications. The applications shall be published on a bulletin of the government office or daily newspapers, and every person has access to the applications, the safety reports and the summaries for two months. When objections are lodged within the period, closed hearings are held to examine the protests with attendance of the objector, the enterpriser of the project and the government office which has joined the decision. Following the phase of public participation and after the confirmation of facts highly important to the decision, fact examination is carried out with cooperation of specialists by the government office authorized for permission. As a special feature of the procedures under Atomgesetz, the government office is not necessarily obliged to give permission considering the safety policy, even when the pre-requisites of permission are all fulfilled. In other respects, permission may be offered for each partial installation of the facilities and various stages of operation by particular administrative measures (partial permission). The experiences of past 20 years indicate the virtual defects of the laws applied, and the amendment is urgently required. (Okada, K.)

  3. 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

  4. 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.

  5. [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.

  6. 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.

  7. 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).

  8. 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

  9. 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…

  10. 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

  11. 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

  12. 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.

  13. Where Theory and Law Meet: Trends in Establishment Clause Jurisprudence in the US Federal Courts and Implications for Science Education

    Science.gov (United States)

    King, Lance E.; Southerland, Sherry A.

    2013-01-01

    In this study, federal court opinions and writings of legal scholars, spanning 63 years of establishment clause jurisprudence in the US federal courts were analysed in an effort to determine dominant trends in judicial philosophy that are of significance to science educators. The study's findings suggest that the dominant legal theory underpinning…

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

    Energy Technology Data Exchange (ETDEWEB)

    Hempling, Scott [National Regulatory Research Inst., Silver Spring, MD (United States); Elefant, Carolyn [Law Offices of Carolyn Elefant, Washington, DC (United States); Cory, Karlynn [National Renewable Energy Lab. (NREL), Golden, CO (United States); Porter, Kevin [Exeter Associates, Inc., Golden, CO (United States)

    2010-01-01

    This report details how state feed-in tariff (FIT) programs can be legally implemented and how they can comply with federal requirements. The report describes the federal constraints on FIT programs and identifies legal methods that are free of those constrains.

  15. 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

  16. Cyberspace as a Theater of Conflict: Federal Law, National Strategy and the Departments of Defense and Homeland Security

    Science.gov (United States)

    2007-06-01

    short period of time. When web search organizations canvas the web looking for sites to catalog, they will discover your systems and create registry... Fingerprint & DNA Databases, INTERPOL & National Law Enforcement Communication Systems, Firearms Registration Records, Drivers License, Birth

  17. 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.

  18. 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)

  19. The transfer of the nuclear supervision into the federal self-administration in the view of the constitutional law

    International Nuclear Information System (INIS)

    Burgi, M.

    2005-01-01

    The paper is focussed on the question of a possible transfer of the nuclear supervision from the federal executive administration into a federal self-administration. The discussed topics include the characterization of the nuclear supervision tasks, the relation between administrative tasks and the type of administration, an assessment of the precondition of centrality with respect to the nuclear supervision and a possible accomplishment of the so called centrality

  20. On the authority of the Federal Government to give directions in nuclear law licensing procedures - prerequisites and legal protection

    International Nuclear Information System (INIS)

    Wagner, H.

    1987-01-01

    Due to the differences about the future energy policies between the big political parties there is a growing confrontation between the Federal Government and some Laender about granting licences for the erection and operation of nuclear plants. On this background the author deals with the legal problem if a Land was directed by the Federal Government to grant the atomic licence and the Land would file an appeal. (WG) [de

  1. [Opinion of medical and law students of Federal University of Rio Grande do Norte about abortion in Brazil].

    Science.gov (United States)

    Medeiros, Robinson Dias de; Azevedo, George Dantas de; Oliveira, Emilly Auxiliadora Almeida de; Araújo, Fábio Aires; Cavalcanti, Francisco Jakson Benigno; Araújo, Gabriela Lucena de; Castro, Igor Rebouças

    2012-01-01

    To analyze and compare the knowledge and opinions of Law and Medical students regarding the issue of abortion in Brazil. This was a cross-sectional study involving 125 graduate students from the class of 2010. Of these, 52 were medical students (MED group) and 73 law students (LAW group). A questionnaire was applied based on published research about the topic. Dependent variables were: monitoring the abortion debate, knowledge concerning situations where abortion is permitted under Brazilian law, opinion about situations that agree with extending legal permission to terminate pregnancy and prior knowledge of someone who has undergone induced abortion. Independent variables were: sex, age, household income and graduation course. χ² and Fisher's exact tests, with the level of significance set at 5%. Most interviewees reported monitoring the debate on abortion in Brazil (67.3% of the MED group and 70.2% of the LAW group, p>0.05). When assessing knowledge on the subject, medical students had a significantly higher percentage of correct answers than law students (100.0 and 87.5%, respectively; p=0.005) regarding the legality of abortion for pregnancies resulting from rape. Elevated percentages of correct responses were also recorded for both groups in relation to pregnancies that threaten the life of the mother (94.2 and 87.5% for MED and LAW groups, respectively), but without statistical significance. A significant percentage of respondents declared they were in favor of extending legal abortion to other situations, primarily in cases of anencephaly (68%), pregnancy severely harming the mother's physical health (42.1%) or that of the fetus in cases of severe congenital malformation (33.7%). Results showed a satisfactory knowledge on the part of law and medical school graduate students regarding the legality of abortion in Brazil, combined with a favorable trend towards extending legal permission to other situations not covered by the law. It is important to

  2. 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

  3. 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.

  4. 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.)

  5. 28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false The roles and responsibilities of federal... OF STATE TRAFFICKING IN PERSONS Victims of Severe Forms of Trafficking in Persons § 1100.29 The roles... in persons, and are familiar with the rights, services, and protections such victims are to be...

  6. 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.

  7. Panel: How relevant are the developments in the USA and their causes to the future situation of nuclear power in the Federal Republic of Germany

    Energy Technology Data Exchange (ETDEWEB)

    Barthelt, K; Kraemer, H; Schill, H; Mueller, W D; Radtke, G

    1984-01-01

    Recently the question has been increasingly discussed not only in the public but also among experts, whether nuclear energy still has its economic lead over other sources of energy and whether it will be able to keep it in the future in order to fulfil the expectations which have been placed in it. One important issue in this discussion is the fact that no new nuclear power plant has been ordered in the USA for the past five years. On the contrary, a considerable number of nuclear power plants already ordered or under construction have been postponed until an indefinite period of time or have been canceled altogether. Will this development have an effect on the Federal Republic of Germany with the ''usual'' time lag. Or is this a very special American situation. On this subject the journal ''atomwirtschaft'' organizes a colloquium in Duesseldorf on October 26, 1983 under the title ''Will nuclear energy remain economic. US-cancellations - a warning sign.'' After an address on principles a group of experts discusses the fact how relevant the developments in the USA and their causes are to the future situation of nuclear energy in the Federal Republic of Germany.

  8. 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

  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.

  10. [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.

  11. 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

  12. 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).

  13. Regulations in the Federal Republic of Germany. Exceptions to the law against competitive restrictions. Regulierung in der Bundesrepublik Deutschland. Die Ausnahmebereiche des Gesetzes gegen Wettbewerbsbeschraenkungen

    Energy Technology Data Exchange (ETDEWEB)

    Krakowski, M

    1988-01-01

    As a result of other countries' experiences, the Federal Republic has also been affected by the debate about regulation and deregulation. The discussion is centred particularly on exceptions to the law against competitive restrictions. This anthology aims to assist in clarifying the debate and gives a systematic account of the exceptions, including the theoretical justifications for regulation. Special weight is given to the description and explanation of the current status of regulation. The nature and scope of today's regulation can only be understood when its historical development is included in the examination. It is against this background that the authors make suggestions either for deregulation or for reformulation. The different chapters deal with: The theoretical basis of regulation, regulation in the areas of: The networked energy industry, telecommunications, traffic, banks, insurance markets. (orig./HSCH).

  14. Regulations in the Federal Republic of Germany. Exceptions to the law against competitive restrictions. Regulierung in der Bundesrepublik Deutschland. Die Ausnahmebereiche des Gesetzes gegen Wettbewerbsbeschraenkungen

    Energy Technology Data Exchange (ETDEWEB)

    Krakowski, M.

    1988-01-01

    As a result of other countries' experiences, the Federal Republic has also been affected by the debate about regulation and deregulation. The discussion is centred particularly on exceptions to the law against competitive restrictions. This anthology aims to assist in clarifying the debate and gives a systematic account of the exceptions, including the theoretical justifications for regulation. Special weight is given to the description and explanation of the current status of regulation. The nature and scope of today's regulation can only be understood when its historical development is included in the examination. It is against this background that the authors make suggestions either for deregulation or for reformulation. The different chapters deal with: The theoretical basis of regulation, regulation in the areas of: The networked energy industry, telecommunications, traffic, banks, insurance markets. (orig./HSCH).

  15. 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.

  16. 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

  17. Experimental determination of Henry's law constants of difluoromethane (HFC-32 and the salting-out effects in aqueous salt solutions relevant to seawater

    Directory of Open Access Journals (Sweden)

    S. Kutsuna

    2017-06-01

    Full Text Available Gas-to-water equilibrium coefficients, KeqS (in M atm−1, of difluoromethane (CH2F2, a hydrofluorocarbon refrigerant (HFC-32, in aqueous salt solutions relevant to seawater were determined over a temperature (T range from 276 to 313 K and a salinity (S range up to 51 ‰ by means of an inert-gas stripping method. From the van't Hoff equation, the KeqS value in water, which corresponds to the Henry's law constant (KH, at 298 K was determined to be 0.065 M atm−1. The salinity dependence of KeqS (the salting-out effect, ln(KH∕KeqS, did not obey the Sechenov equation but was proportional to S0. 5. Overall, the KeqS(T value was expressed by ln(KeqS(T  =  −49.71 + (77.70 − 0.134  ×  S0. 5  ×  (100∕T + 19.14  ×  ln(T∕100. By using this equation in a lower-tropospheric semi-hemisphere (30–90 °S of the Advanced Global Atmospheric Gases Experiment (AGAGE 12-box model, we estimated that 1 to 4 % of the atmospheric burden of CH2F2 resided in the ocean mixed layer and that this percentage was at least 4 % in the winter; dissolution of CH2F2 in the ocean may partially influence estimates of CH2F2 emissions from long-term observational data of atmospheric CH2F2 concentrations.

  18. 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.

  19. 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…

  20. 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

  1. 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.…

  2. 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

  3. 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

  4. Problems of causality in environmental penal law. The relevance of causality problems on the environmental sector from the view of penal law. Kausalitaetsprobleme im Umweltstrafrecht. Die strafrechtliche Relevanz der Schwierigkeiten naturwissenschaftlicher Kausalfeststellung im Umweltbereich

    Energy Technology Data Exchange (ETDEWEB)

    Kleine-Cosack, E.

    1988-01-01

    The 'classic' elements of an offence against human health or property are not applicable in environmental law, owing to problems of causality. The new environmental penal law therefore focuses on the 'capability' of any act to damage human health, animal health, vegetation, water, air, or soil. It remarks doubtful whether this approach is more efficient. Further, there is still the problem of assessing damage. The book discusses causality problems in environmental penal law. Causality in a given case is discussed from the view of general causality laws and problems of proof. Other possible causes of damage must be excluded. The author discusses: Interdependences between scientific and penal causality, the problems of successful and potential offences, the relationship between individual and universal objects of legal protection, and procedural issues (e.g. the binding effect of experts' opinions on a given subject). (orig./HSCH).

  5. The Law of Federal Employment.

    Science.gov (United States)

    1991-08-01

    been decided against him or her in the criminal trial. The MSPB’s adoption of such administrative collateral estoppel or issue preclusion has been...Cir. 1985). The court’s opinion in Otherson, set out in part below, contains an excellent discussion of collateral estoppel (issue preclusion...Systems Protection Board (MSPB) held that the doctrine of issue preclusion, also known as collateral estoppel , forbade him from relitigating the facts

  6. 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.

  7. 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

  8. 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)

  9. Repensando a relação entre Estado, direito e desenvolvimento: os limites do paradigma rule of law e a relevância das alternativas institucionais Rethinking the relation between state, law and development

    Directory of Open Access Journals (Sweden)

    Mario Gomes Schapiro

    2010-06-01

    Full Text Available Assumindo a primazia da abordagem institucionalista na agenda contemporânea do desenvolvimento, este artigo procurará discutir alguns de seus limites, descritivos e normativos, no que tange, em especial, ao sistema financeiro. particularmente, procurar-se-á sugerir que os programas de difusão do rule of law têm se constituído em um paradigma estreito do papel exercido pelo direito, segundo a qual cabe ao ambiente jurídico cumprir, apenas e tão somente, a função de garantidor dos interesses de investidores privados, entendidos como atores centrais de um modelo de financiamento baseado em transações de mercado. o texto sugere que o paradigma rule of law, como estratégia de promoção do desenvolvimento, tem dificuldade em lidar com a existência de alternativas institucionais de organização econômica e financeira, para além de um modelo de mercado baseado em atores atomizados e carentes de segurança jurídica. um exemplo disso, que escapa do instrumental tradicional, é o modelo brasileiro de financiamento, que, apesar de ter vivenciado inúmeras reformas institucionais, dedicadas a elevar o nível de proteção de investidores, ainda concentra em um banco de desenvolvimento - o BNDES - grande parte do financiamento de longo prazo do país. o artigo assume, portanto, que, sim, o direito e as instituições, de fato, importam para o desenvolvimento, mas há uma variedade de possibilidades e funções a serem exercidas pelos arranjos institucionais e ferramentas jurídicas - muito além do que supõem os programas de Rule of Law. uma bem sucedida organização institucional baseada em um banco de desenvolvimento é um exemplo disso.Taken the prevalence of institutionalist and Rule of Law approach in the contemporary debate on economic development, this paper intends to discuss some theoretical limits of this literature, either positive or normative, mainly in its application to discussions related to the financial sector. this

  10. 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.

  11. 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.

  12. Third-party protection and residual risk in Atomic Energy Act. On legally dogmatic classification of paragraph 7 Atomic Energy Act in the jurisprudence of the Federal Constitutional Law and Federal Administrative Court

    International Nuclear Information System (INIS)

    Arndt, Hans-Wolfgang

    2012-01-01

    On 25th June 2009, the Council of the European Union has passed the directive 2009/71/EURATOM on a common framework for nuclear safety of nuclear installations. At first, the 12th Law amending the Atomic Energy Act supplements the Atomic Energy Act by regulations which implement the directive 2009/71/EURATIM into national law. In addition, paragraph 7 Atomic Energy Act introduces a new substantive obligation of the operators of nuclear power plants. The author of the contribution reports on whether paragraph 7 Atomic Energy Act provides additional nuclear protection or reduces the potential protection by law and jurisprudence.

  13. Implementation of the provisions of the European social charter on the right to protection of youth from the danger of causing physical and psychological harm in the process of their labor in the labor law of the Russian Federation

    Directory of Open Access Journals (Sweden)

    Marina Eduardovna Kandel

    2015-06-01

    Full Text Available Objective to analyze special measures and safeguards enshrined in the provisions of Art. 7 of the European Social Charter which provides protection of children and adolescents from the danger of causing physical or psychological harm in the process of their labor and its implementation in the Labor Law of the Russian Federation in connection with acceptance of obligations under Art. 7 of the European Social Charter. Methods comparative legal research method was applied. Results the comparative legal analysis was carried out of the implementation of measures and warranties expressed in Art. 7 of the European Social Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of their employment within the Russian Labor Law investigation was made of the degree of compliance of norms of the Russian Labor Law with the specified provisions of the Charter and the requirements of European Convention the necessary measures are listed to fill up the norms and gaps in the Russian Labor Law. Scientific novelty for the first time the article presents a comprehensive comparative legal study on the implementation of measures and safeguards embodied in Art. 7 of the Charter which guarantee the right of children and adolescents to be protected from the danger of causing physical and psychological harm in the process of labor activity in the Russian norms of Labor Law the degree of their compliance with the Charter is determined practical steps are offered to reform the Russian legislation with the aim of implementation of the assumed Charter obligations by the Russian Federation. Practical value the measures for the protection of children proposed by the author can be used in scientific legislative and lawenforcement practice in Russia. nbsp

  14. 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...

  15. 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...

  16. 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)

  17. 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 ...

  18. 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

  19. 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

  20. Spent nuclear fuel reprocessing and international law. Germany's obligations under international law in matters of spent fuel reprocessing and the relevant contracts concluded with France and the United Kingdom

    International Nuclear Information System (INIS)

    Heintschel v Heinegg, W.

    1999-01-01

    The review presented is an excerpt from an expert opinion written by the author in December last year, in response to changes in nuclear energy policy announced by the new German government. The reprocessing of spent nuclear fuels from German power reactors in the reprocessing facilities of France (La Hague) and the UK (Sellafield) is not only based on contracts concluded by the German electric utilities and the French COGEMA or the British BNFL, but has been agreed as well by an exchange of diplomatic notes between the French Ministry of Foreign Affairs and the German ambassador in Paris, the German Foreign Ministry and the French ambassador as well as the British ambassador in Bonn. The article therefore first examines from the angle of international law the legal obligations binding the states involved, and Germany in particular, in matters of spent fuel reprocessing contracts. The next question arising in this context and discussed by the article is that of whether and how much indemnification can be demanded by the reprocessing companies, or their governments, resp., if Germany should discontinue spent fuel reprocessing and thus might be made liable for breach of the bilateral agreements. (orig/CB) [de

  1. Age-related changes relevant to health in women: design, recruitment, and retention strategies for the Longitudinal Assessment of Women (LAW) study.

    Science.gov (United States)

    Khoo, Soo Keat; O'Neill, Sheila; Travers, Catherine; Oldenburg, Brian

    2008-01-01

    The primary aim was to assess the age-related changes that occur in older women. This paper describes the study rationale and methods, recruitment, and retention strategies. The Longitudinal Assessment of Women (LAW) Study was a longitudinal, observational, and multidisciplinary evaluation of a population-based cohort of urban-living women, aged between 40 and 80 years at recruitment and randomly invited from a district in Brisbane (a city in Australia) via the electoral roll. Five hundred eleven women were recruited and stratified into four age groups (40-49, 50-59, 60-69, 70-79 years) and were assessed on three or four occasions each year, using interviews and diagnostic instruments (echocardiography, applination tonometry, dual-energy x-ray absorptiometry [DEXA]) Retention strategies included flexibility, accessibility, personalized attention, and feedback. From a sample frame of 1598 names, there were 1082 respondents, of whom 511 (47%) were successfully recruited from those eligible to participate. Recruitment was quickest for the oldest age group, 70-79 years, and slowest for the age group 40-49 years; all age groups achieved their required quota. A scheduling program was developed to minimize the number of visits and maximize the use of allocated time. The largest dropout was seen in year 1 of the study, with very few thereafter. Of the 9 deaths, cancer was the cause in 7. The retention rate after 5 years was 95.5%. The design of the present study, with careful attention to coordination and a personal approach, facilitated the completion of a 5-year study, enabling a collection of a set of wide-ranging data from almost all the women recruited. The information thus collected will form the basis of cross-linking analysis of the risk factors associated with health problems in aging women.

  2. Developments of the climate protection law and the climate change policy 2014-2015. Pt. 2. Federal government, federal states and municipalities; Entwicklungen des Klimaschutzrechts und der Klimaschutzpolitik 2014/2015. T. 2. Bund, Bundeslaender und Kommunen

    Energy Technology Data Exchange (ETDEWEB)

    Staesche, Uta [Hochschule fuer Wirtschaft und Recht (HWR), Berlin (Germany). Inst. fuer Klimaschutz, Energie und Mobilitaet (IKEM)

    2015-08-14

    According to the motto of the energy transition the Federal Government set herself targets in the areas of greenhouse gas emissions, renewable energy and energy efficiency. Main emphasis of its climate change policy is the implementation of the 2014/15 Action Programme Climate Protection 2020. A key measure discussed here is the climate contribution of the German electricity sector, is now being implemented in a significantly modified form. With a view on the long-term climate objectives prepares the federal government the national climate change plan 2050; the federal government promote locally climate protection within the framework of the National Climate Protection Initiative (NKI) in a Variety of projects. On the level of the federal states intensifies clearly the trend of the legal protection of federal climate protection targets. In addition to the federal levels are also the municipalities still active in various climate protection projects. [German] Unter dem Leitwort der Energiewende hat sich die Bundesregierung Ziele in den Bereichen Treibhausgasemissionen, erneuerbare Energien und Energieeffizienz gesetzt. Schwerpunkt ihrer Klimaschutzpolitik bildet 2014/15 die Umsetzung des Aktionsprogramms Klimaschutz 2020. Als eine zentrale Massnahme wurde hier der Klimabeitrag des deutschen Stromsektors diskutiert, der nun in deutlich abgewandelter Form umgesetzt wird. Mit Blick auf die langfristigen Klimaschutzziele bereitet die Bundesregierung den nationalen Klimaschutzplan 2050 vor; Klimaschutz vor Ort foerdert sie im Rahmen der Nationalen Klimaschutzinitiative (NKI) in einer Vielzahl von Projekten. Auf Ebene der Bundeslaender verstaerkt sich deutlich der Trend der gesetzlichen Absicherung von Landesklimaschutzzielen. Neben den ueberregionalen Ebenen sind auch die Kommunen weiterhin in vielfaeltigen Klimaschutzprojekten aktiv.

  3. 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

  4. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  5. Los Derechos de las Personas Incapacitadas Bajo la Ley Federal. Seccion 504 de la Ley de Rehabilitacion de 1973 (Handicapped Persons's Rights under Federal Law. Section 504 of the Rehabilitation Act of 1973).

    Science.gov (United States)

    Office for Civil Rights (ED), Washington, DC.

    This Spanish-language pamphlet explains Section 504 of the Rehabilitation Act of 1973, which outlaws disability discrimination in programs receiving federal funds and the extensive regulations stemming from Section 504. The rights and responsibilities of handicapped persons are related to the following issues: eligibility for coverage under the…

  6. 676. Federal Law of 15 December 1978 forbidding the use of nuclear fission for the purposes of providing energy in Austria

    International Nuclear Information System (INIS)

    1978-01-01

    This Act was passed by the Federal Parliament following the negative result of the Austrian Referendum on nuclear energy of 5th November 1978. The Act which comprises only two sections stipulates in Section 1 that installations in which for the purposes of providing energy, electrical energy is produced by means of nuclear fission, shall not be built in Austria. Section 1 also provides that isofar as such installations already exist, they shall not be operated. In section 2, it is stated that this Act is binding on the Federal Government. (NEA) [fr

  7. 20 CFR Appendix to Subpart K of... - List of Types of Income Excluded Under the SSI Program as Provided by Federal Laws Other Than the...

    Science.gov (United States)

    2010-04-01

    ... or by reference to the statutes. We update this list periodically. However, when new Federal statutes... Services Program or the Energy Crisis Assistance Program as authorized by section 222(a)(5) of the Economic... the same course of study and an allowance for books, supplies, transportation, and miscellaneous...

  8. 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...

  9. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  10. 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.

  11. 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…

  12. 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.

  13. 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

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

    OpenAIRE

    Mariya Riekkinen

    2016-01-01

    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 parti...

  15. Forms of the cooperation principle in environmental law in the Federal Republic of Germany. Formen des Kooperationsprinzips im Umweltrecht der Bundesrepublik Deutschland

    Energy Technology Data Exchange (ETDEWEB)

    Mueggenborg, H J

    1990-01-01

    The cooperation principle is not a legal principle, as in the case of the social state principle or the principle of the democratic constitutional state. In order that the cooperation principle may not degenerate to cheating and accompliceship, legal limitations are necessary. Work on this subject from the point of view of legal science has started late. The contribution investigates the various forms of the cooperation principle: Technical control boards as instruments to relieve the state; committees under private and public law for setting up technical standards, advisory bodies of public administration; organized hearings; environment protection officers in industry. It also investigates the legal admissibility of concerted actions, advantages and disadvantages, effects on legal protection, legal and actual conditions. - The positive sides of cooperation should succeed in order that environmental protection may profit. (orig./HP).

  16. Case law

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin brings together the texts of the following case laws: Canada: - Judgment of the Federal Court of Canada sending back to a joint review panel for reconsideration the environmental assessment of a proposed new nuclear power plant in Ontario. France : - Conseil d'etat, 24 March 2014 (Request No. 358882); - Conseil d'etat, 24 March 2014 (Request No. 362001). Slovak Republic: - Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; - Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. United States: - Initial Decision of the Atomic Safety and Licensing Board Ruling in Favour of Nuclear Innovation North America, LLC (NINA) Regarding Foreign Ownership, Control or Domination

  17. 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

  18. 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.)

  19. 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

  20. 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

  1. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

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

  2. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  3. 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.

  4. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  5. 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...

  6. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

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

  7. 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.

  8. 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...

  9. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation

    International Nuclear Information System (INIS)

    Raffarin, J.P.; Villepin, D. de

    2002-01-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  10. Case law

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak

  11. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  12. 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.

  13. 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.

  14. 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

  15. 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

  16. 論美國專利訴訟之專家證人資格―以美國聯邦巡迴上訴法院與聯邦證據規則第702條有關之判決為中心 Qualification of Expert Witnesses in United States Patent Litigation: A Review of Federal Circuit Case Law Regarding Rule 702 of the Federal

    Directory of Open Access Journals (Sweden)

    陳秉訓 Ping-Hsun Chen

    2014-06-01

    monetary remedies. While expert witnesses play an important role in patent litigation, fewer studies explore the relevant case law about the qualification of experts or the admissibility of expert opinions. So, this paper is intended to address Federal Circuit case law regarding those issues. While Title 35 of the United States Code speaks nothing about expert witnesses, Rule 702 of the Federal Rules of Evidence is the only statutory basis for the requirements of qualified experts. In this paper, the case law review begins by examining the judicial interpretation of Rule 702. Three U.S. Supreme Court cases and several Federal Circuit cases will be analyzed. Then, this paper focuses on two categories of experts: technical experts and damages experts. Cases related to either category will be discussed. While Rule702 requires an expert to have “scientific, technical, or other specialized knowledge,” it is opt to a district court judge to admit or exclude expert witnesses or expert opinions as evidence heard by a jury. Besides, the Federal Circuit’s review standard is an abuse of discretion. So, a district court judge usually has much leeway. Furthermore, based on the analysis of the Federal Circuit cases, this article provides legal principles or propositions related to expert testimony.

  17. 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.

  18. Case Law

    International Nuclear Information System (INIS)

    2014-01-01

    This section treats of the following case laws sorted by country: 1 - Germany: Federal Administrative Court confirms the judgments of the Higher Administrative Court of the Land Hesse: The shutdown of nuclear power plant Biblis blocks A and B based on a 'moratorium' imposed by the Government was unlawful; List of lawsuits in the nuclear field. 2 - Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant. 3 - United States: Judgment of the Nuclear Regulatory Commission resuming the licensing process for the Department of Energy's construction authorisation application for the Yucca Mountain high-level radioactive waste repository; Judgment of the Licensing Board in favour of Shaw AREVA MOX Services regarding the material control and accounting system at the proposed MOX Facility; Dismissal by US District Court Judge of lawsuit brought by US military personnel against Tokyo Electric Power Company (TEPCO) in connection with the Fukushima Daiichi nuclear power plant accident

  19. 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…

  20. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  1. 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.

  2. Case law

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

    This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The

  3. 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...

  4. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  5. 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.

  6. 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.

  7. 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...

  8. 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

  9. Case law

    International Nuclear Information System (INIS)

    Anon.

    2008-01-01

    The first point concerns the judgement of the federal Administration Court on the standing of third parties regarding attacks at interim storage facilities (2008). In its judgement handed down on 10. april 2008, the german Federal Administrative Court overrules a decision of a Higher Regional Administrative Court and declares that residents in the vicinity of an interim storage facility may challenge the licence for that facility on the grounds that the necessary protection has not been provided against disruptive action or other interference by third parties. The second point concerns the judgement of the European Court of justice of a member State to fulfill obligations under directive 96/29 EURATOM (2007): the united kingdom imposed to intervene only if a situation of radioactive contamination results from a present or past activity for the exercise of which a licence was granted. The national legislation does not oblige the authorities to take measures in circumstances in which radioactive contamination results from a past practice which was not the subject of a such licence. The United Kingdom Government admitted the validity of the Commission claims adding that further legislation to transpose that article (article 53) into national laws is in the process of being drawn up. The third point is relative to judgement of the US court of Appeals on licensing of the L.E.S. uranium enrichment facility (2007), on appeal to the Federal Court of Appeals for the district of Columbia, the joint petitioners objected to the Nuclear regulatory Commission (NRC) issuing to the Louisiana Energy Services, L.P. (L.E.S.) Uranium enrichment Facility in New Mexico on several grounds: the NRC violated the Atomic Energy Act by supplementing the environmental impact statement after hearing closed; the NRC violated the National Environmental Policy Act by insufficiently analysing the environmental impact of depleted uranium waste from the L.E.S. facility; the NRC violated the Atomic

  10. Federalism Lives.

    Science.gov (United States)

    Howard, A. E. Dick

    1987-01-01

    Examines the concept of federalism in terms of its past history and its encouraging future. Calls for a revival of concern for federalism not simply as a convenient administrative arrangement but as a fundamental constitutional value. (BSR)

  11. 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.

  12. Understanding Federalism.

    Science.gov (United States)

    Hickok, Eugene W., Jr.

    1990-01-01

    Urges returning to the original federalist debates to understand contemporary federalism. Reviews "The Federalist Papers," how federalism has evolved, and the centralization of the national government through acts of Congress and Supreme Court decisions. Recommends teaching about federalism as part of teaching about U.S. government…

  13. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  14. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  15. 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

  16. Bio fuels in the framework of law of the World Trade Organization under special consideration of their ecologically relevant properties; Biokraftstoffe im Rechtsregime der WTO unter besonderer Beruecksichtigung ihrer umweltrelevanten Eigenschaften

    Energy Technology Data Exchange (ETDEWEB)

    Kahl, Hartmut

    2008-07-01

    The increasing world market for bio fuels urgently needs a framework of law which regulates the conflict potentials of the cultivation of energy plant. Under this aspect, the author of the contribution under consideration reports on the trade with bio fuels in the World Trade Organization and discusses the legal negotiability of sustainability criteria for the production of bio fuel. Apart from the creation of a specific duty nomenclature for the new product line, straight in the agrarian sector the regulations of the world trade law for national subsidies are to be considered. With bio fuels from non-ecologic production, the contract texts permit import-controlling and marketing-adjusting measures to the World Trade Organization while the extraterritorial employment of the genetic engineering only is limited controllable by according to commercial law instruments. The mutual obligations of some members of the World Trade Organization also can play a role in the public procurement department if bio fuels become the criterion with the national placing of orders. For developing countries, the World Trade Organization law plans some special arrangements which facilitate their participation in the bio fuel trade. The contribution under consideration is addressed to lawyers, decision makers and advisors in politics and authority practice.

  17. 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'.

  18. 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...

  19. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    Raffarin, J.P.; Villepin, D. de

    2002-07-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  20. 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

  1. 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.

  2. 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

  3. 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.

  4. Comparing Efficacy of Online and In-person Versions of a Training on U.S. Federal Wage and Hour, Child Labor Laws and Hazardous Occupations Orders for Secondary School Professionals

    Directory of Open Access Journals (Sweden)

    Derek G. Shendell

    2016-04-01

    Full Text Available Background: The New Jersey Safe Schools Program (NJSS offers courses required for secondary school vocational-career-technical education teachers to become school-sponsored structured learning experience supervisors. The Federal Wage and Hour and Child Labor Laws, Regulations and Hazardous Order Course (FWH was originally conducted in-person by U.S. Department of Labor-Wage and Hour Division from 2005-summer 2013, at which time NJSS began conducting this course in-person (October 2013-April 2015. Beginning March 2015, this course was conducted online; beta-/pilot tests were conducted winter 2014-15. Starting in May 2015, this course was offered exclusively online. This paper analyzes data from the in-person and online versions of the FWH, including overall course evaluation data comparing two versions with similar questions/constructs.Methods: NJSS modifications to FWH included adding information regarding the Fair Labor Standards Act’s Section 14(c and supplemental case studies. The online version included information/resources provided during the in-person training plus assessments to supplement each module; the online version was split into modules to allow participants scheduling flexibility. Participants were allowed multiple possible attempts to achieve a minimum passing grade of 70%, excluding two ungraded activities (crossword puzzles simply completed. Descriptive statistics evaluated user satisfaction with the online compared to the in-person version of FWH, and performance on aforementioned online assessments replacing in-person discussions/interactions.Results: Between October 2013-April 2015, 160 participants completed the training in-person; 156 had complete data. Between April-November 2015, 78 participants completed the training online; 74 participants had complete data. Other enrolled participants were in progress (not done as of 12/23/2015. Overall satisfaction was similarly high for in-person and online versions of FWH; over

  5. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  6. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

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

  7. 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.

  8. The new radiation protection law. What does it mean for radiography? From the view of a Federal state authority; Das neue Strahlenschutzgesetz. Was bedeutet dies fuer die Radiographie? Aus dem Blick einer Landesbehoerde

    Energy Technology Data Exchange (ETDEWEB)

    Lorenz, Joachim [Saechsisches Staatsministerium fuer Umwelt und Landwirtschaft, Dresden (Germany)

    2017-08-01

    As a consequence of the implementation of the guideline 2013/59/EURATOM the German environmental ministry BMUB has revised the radiation protection law. The contribution discusses the impact of the revised law on the radiation protection authority in Saxonia. The new requirements concerning the application of radioactive materials for radiographic testing are summarized.

  9. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  10. 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...

  11. 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...

  12. 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

  13. 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...

  14. Federal Investment

    Science.gov (United States)

    Campbell, Sheila; Tawil, Natalie

    2013-01-01

    The federal government pays for a wide range of goods and services that are expected to be useful some years in the future. Those purchases, called investment, fall into three categories: physical capital, research and development (R&D), and education and training. There are several economic rationales for federal investment. It can provide…

  15. 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...

  16. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  17. 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

  18. 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...

  19. 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...

  20. 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...

  1. 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...

  2. 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.

  3. The transfer of the nuclear supervision into the federal self-administration in the view of the constitutional law; Die Ueberfuehrung der Atomaufsicht in die Bundeseigenverwaltung aus verfassungsrechtlicher Sicht

    Energy Technology Data Exchange (ETDEWEB)

    Burgi, M. [Bochum Univ. (Germany)

    2005-07-01

    The paper is focussed on the question of a possible transfer of the nuclear supervision from the federal executive administration into a federal self-administration. The discussed topics include the characterization of the nuclear supervision tasks, the relation between administrative tasks and the type of administration, an assessment of the precondition of centrality with respect to the nuclear supervision and a possible accomplishment of the so called centrality.

  4. Federal Lands

    Data.gov (United States)

    Department of Homeland Security — This map layer consists of federally owned or administered lands of theUnited States, Puerto Rico, and the U.S. Virgin Islands. Only areas of 640 acres or more are...

  5. 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

  6. 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

  7. 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.

  8. Protection provided by criminal law against hazards of nuclear energy and the harmful effects of ionizing radiation. Also a survey of the history of definition of offences against the atomic energy law and radiation protection law in the Federal Republic of Germany. Der strafrechtliche Schutz vor den Gefahren der Kernenergie und den schaedlichen Wirkungen ionisierender Strahlen. Zugleich eine Darstellung der historischen Entwicklung der Kernenergie- und Strahlendelikte in der Bundesrepublik Deutschland

    Energy Technology Data Exchange (ETDEWEB)

    Reinhardt, M

    1989-01-01

    The subjects, principles and purpose of the atomic energy law and the radiation protection law are set out, and criminal offences under atomic energy law are outlined explaining the legal terminology applied. The peaceful uses of nuclear energy and radioactive materials are briefly discussed, primarily looking at the hazards involved and the protective role of criminal law principles that have been developed in connection with the atomic energy law and its application in practice. The draft version of the 16th criminal law amendment act - Act to combat environmental delinquency - is discussed, which aims at adoption of all criminal offences under atomic energy law by the Criminal Code. The book furthermore presents considerations about basic features of delinquency under atomic energy and radiation protection law, revealing elements and facts of offences defined, and particular problems resulting thereof. The question arises, e.g., whether an incorporation of the provisions into the Special Annex to the Criminal Code, in sections 27 and 28, is a wise and suitable decision. The book finally discusses the development of definition of criminal offences by a de lege feranda approach, referring to (1) the Chernobyl reactor accident, (2) the Nuclear Safeguards agreements, and (3) the definition of maximum permissible radiation dose. (HP).

  9. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

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

  10. Case law

    International Nuclear Information System (INIS)

    Anon.

    1999-01-01

    This paper gives and analyses three examples of case law: decision rejecting application to close down Tomari nuclear power plant (Japan); judgement by the Supreme Administrative Court on the closing of Barsebaeck (Sweden); litigation relating to the Department of Energy's obligations under the Nuclear Waste Policy Act to accept spent nuclear fuel and high-level radioactive waste (United States). (A.L.B.)

  11. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  12. Space Law and China

    Science.gov (United States)

    Tronchetti, Fabio

    2017-08-01

    Over the past few years, China has made remarkable achievements in the space sector and become one of the most relevant players in the outer space domain. Highlights of this process have been the deployment in orbit of the first Chinese space station, Tiangong-1, on September 29, 2011; and the landing of the Yutu rover on the lunar surface on December 14, 2013. While technological developments have occurred at such a rapid pace, the same cannot be said of the regulatory framework governing Chinese space activities, which still lays at its infant stage. Indeed, unlike other major space-faring countries, China lacks comprehensive and uniform national space legislation; as of now, China has enacted two low-level administrative regulations addressing the issues of launching and registration of space objects. With the growth of the Chinese space program, such a lack of a structured national space law is beginning to show its limits and to create concerns about its negative impact on business opportunities and the ability of China to fully comply with international obligations. One should keep in mind that the international space treaties (China is part to four international space law treaties) are not self-executing, thus requiring States to adopt domestic measures to ensure their effective implementation. Importantly, Chinese authorities appear to be aware of these issues; as stated by the secretary-general of the Chinese National Space Administration (CNSA) in 2014, national space law has been listed in the national legislation plan and the CNSA is directly engaged in such a process. However, questions remain as to how this drafting process will be conducted and what legal form and content the law will have. For example, China could either decide to proceed with a gradual approach, consisting in the adoption of laws addressing selected issues to be eventually assembled into one single law; or to directly move to the adoption of one comprehensive law. In any case, if

  13. 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

  14. 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)

  15. 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.

  16. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

    The legal aspects of radiation protection in the Netherlands are described. Radiation protection is regulated mainly in the Nuclear Energy Law. The Arbo Law also has some sections about radiation protection. The interaction between both laws is discussed. (Auth.)

  17. PingFederate

    Data.gov (United States)

    US Agency for International Development — PingFederate Server provides Identity Federation and Single Sign On Capabilities. Federated identity management (or identity federation) enables enterprises to...

  18. Environmental Law

    Science.gov (United States)

    2005-09-01

    in litigation, which may require the Department of the Interior to introduce Mexican grey wolves onto White Sands Missile Range, New Mexico, although...first reservation of federal land was Yellowstone National Park in 1872. B. The first preservation statute was the Antiquities Act of 1906. 16 U.S.C

  19. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  20. 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...

  1. Creeping Federalization

    DEFF Research Database (Denmark)

    Sweeney, Richard J.

    2003-01-01

    that make taxharmonization difficult to impose. Other types of harmonization have a less clear-cut costbenefitanalysis. A federal commercial code that is uniform across member states reducestransaction and information costs, compared to leaving important code issues to memberstates; further, many states may...

  2. Criminal law

    International Nuclear Information System (INIS)

    Silva, J.M. da.

    1979-01-01

    Facts concerning the application of atomic energy are presented and those aspects which should be under tutelage, the nature and guilt of the nuclear offenses and the agent's peril are presented. The need of a specific chapter in criminal law with adequate legislation concerning the principles of atomic energy is inferred. The basis for the future elaboration this legislation are fixed. (A.L.S.L.) [pt

  3. About criminal-law character of objective aspect of unlawful occupation of motorcar and other transport vehicle without the aim of stealing and proposals on improvement of the 166 section of the criminal Code of Russian Federation

    OpenAIRE

    Kolesnikov, Roman

    2009-01-01

    In the article the problem of criminal code constituents demarcation of Russia providing responsibility for the unlawful occupation of motorcar and other transport vehicle without the of stealing (overtaking) and theft while committing the object of crime is transport vehicle are considered. The concepts: «occupation», «overtaking», «using» are analyzed. The proposals on improvement of criminal law are formulated.

  4. 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

  5. Environmental Law

    Science.gov (United States)

    2002-06-01

    district engineer, or the Chief of Engineers. But see United States v. Mango , No. 96-CR-327, 1998 WL 106238 (N.D.N.Y. Mar. 5, 1998) (a dredge and...Section 9 of the ESA prohibits a wide range of conduct deemed threatening to species, including importing, exporting , removing, taking, damaging... exporting listed species). C. "Citizen suits" can also be brought against a federal agency for violations of the ESA. V-24 1. Under the ESA, "any person

  6. Operational Law Handbook,2007

    National Research Council Canada - National Science Library

    2007-01-01

    ...), human rights, rules of engagement, emergency essential civilians supporting military operations, contingency contractor personnel, foreign and deployment, criminal law, environmental law, fiscal law...

  7. 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...

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. 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...

  13. 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...

  14. Federal databases

    International Nuclear Information System (INIS)

    Welch, M.J.; Welles, B.W.

    1988-01-01

    Accident statistics on all modes of transportation are available as risk assessment analytical tools through several federal agencies. This paper reports on the examination of the accident databases by personal contact with the federal staff responsible for administration of the database programs. This activity, sponsored by the Department of Energy through Sandia National Laboratories, is an overview of the national accident data on highway, rail, air, and marine shipping. For each mode, the definition or reporting requirements of an accident are determined and the method of entering the accident data into the database is established. Availability of the database to others, ease of access, costs, and who to contact were prime questions to each of the database program managers. Additionally, how the agency uses the accident data was of major interest

  15. Russian Federation

    International Nuclear Information System (INIS)

    2001-01-01

    In the Russian Federation (RF), management of radioactive wastes will be carried out within the framework of the Federal Target Program for management of radioactive wastes and used nuclear materials for the period 1996-2005. The agency within the RF responsible for this program is the Ministry of Russian Federation on Atomic Energy. Current radioactive waste disposal activities are focused on creating regional repositories for wastes generated by radiochemical production, nuclear reactors, science centers, and from other sources outside of the nuclear-fuel cycle (the latter wastes are managed by Scientific and Industrial Association, 'RADON'). Wastes of these types are in temporary storage, with the exception of non-fuel cycle wastes which are in long term storage managed by SAI 'RADON'. The criteria for segregating between underground or near-surface disposal of radioactive waste are based on the radiation fields and radionuclide composition of the wastes. The most progress in creating regional repositories has been made in the Northwest region of Russia. However, development of a detailed design has begun for a test facility in the Northeast for disposal of radioactive wastes generated in Murmansk and Arkhangelsk provinces. The feasibility study for construction of this facility is being evaluated by state monitoring organizations, the heads of administrations of the Arkhangelsk and Murmansk provinces, and Minatom of Russia

  16. 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

  17. Nuclear law

    International Nuclear Information System (INIS)

    Bringuier, P.

    2009-01-01

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

  18. Case law

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  19. 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

  20. 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...

  1. 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.

  2. Case law

    International Nuclear Information System (INIS)

    Anon.

    2008-01-01

    Canada: Brunswick News Inc. versus Her Majesty the Queen in the Right of the Province of New Brunswick denying release of nuclear power feasibility study: A superior court in Canada has made an important decision with regard to freedom of information legislation and protection of confidential commercial information. It denied a provincial newspaper company access to a feasibility study concerning the construction of a second nuclear power reactor in New Brunswick. U.S.A.: In the Court of federal Claims, plaintiffs Carolina Power and Light Company and Florida power corporation (collectively Progress Energy) claimed damages of U.S.D. 91 029 704 from defendant U.S. Department of Energy (D.O.E.), under the terms of D.O.E. standard contract for Disposal of spent nuclear fuel and/or high level waste. D.O.E. liability was previously established and the amount of damages was the sole issue in this case.Germany: in 2005, the federal Ministry for the Environment, Nature Conservation and Nuclear Safety (B.M.U.) instructed the regulatory and supervisory body of the federal state Baden-Wurtemberg to issue an order, which required the operator to shut its plant, without delay or further orders, in case of not obviously insignificant non-compliance with technical limits, measures or other specific safety-related requirements deemed to control incidents. The operator was further required to inform the regulatory and supervisory body immediately if it was no longer able to demonstrate the controllability of design basis accidents. In the judgement of the Federal Administrative court, the instruction to stop operation is too ambiguous since it does not specify with technical criteria should compel operators to shut their reactors.The court rules that, in compliance with the principle that administrative decisions must be precise, clear and unambiguous, an order to terminate operations must clearly state when and for what reasons an operator has this duty. a global obligation to

  3. Why relevance theory is relevant for lexicography

    DEFF Research Database (Denmark)

    Bothma, Theo; Tarp, Sven

    2014-01-01

    This article starts by providing a brief summary of relevance theory in information science in relation to the function theory of lexicography, explaining the different types of relevance, viz. objective system relevance and the subjective types of relevance, i.e. topical, cognitive, situational...... that is very important for lexicography as well as for information science, viz. functional relevance. Since all lexicographic work is ultimately aimed at satisfying users’ information needs, the article then discusses why the lexicographer should take note of all these types of relevance when planning a new...... dictionary project, identifying new tasks and responsibilities of the modern lexicographer. The article furthermore discusses how relevance theory impacts on teaching dictionary culture and reference skills. By integrating insights from lexicography and information science, the article contributes to new...

  4. 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.

  5. 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...

  6. 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. ...

  7. Fiscal Federalism

    DEFF Research Database (Denmark)

    Feng, Xingyuan; Ljungwall, Christer; Guo, Sujian

    2013-01-01

    China's central–local relations have been marked by perpetual changes amidst economic restructuring. Fiscal decentralization on the expenditure side has been paralleled by centralization on the revenue side, accompanied by political centralization. Hence, our understanding of China's fiscal...... relations is not without controversy. This paper aims to make a theoretical contribution to the ongoing debate on ‘fiscal federalism’ by addressing crucial questions regarding China's central–local fiscal relations: first, to what extent do Chinese central–local fiscal relations conform to fiscal federalism...

  8. 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...

  9. 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...

  10. Nuclear Law

    International Nuclear Information System (INIS)

    Wiesbauer, Bruno

    1978-01-01

    This book is the first attempt of a comprehensive compilation of national Austrian Nuclear Law (Nuclear Liability Act; Radiation protection Act, Radiation Protection Ordinance, Security Control Act, Act on the uses of Nuclear Energy - Zwentendorf Nuclear Power Plant) and the most important international agreements to which Austria is a party. Furthermore, the book contains the most important Nuclear Liability Conventions to which Austria is not yet a party, but which are applicable in neighbouring; the Paris Convention served as a model for the national Nuclear Liability Act and may be used for its interpretation. The author has translated a number of international instruments into German, such as the Expose des Motifs of the Paris Convention. (NEA) [fr

  11. 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...

  12. 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

  13. 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.

  14. 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...

  15. 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...

  16. Case law

    International Nuclear Information System (INIS)

    Anon.

    2007-01-01

    Concerning the France, the judgement of the European Court of Human Rights on the Right to a fair Trial, in the litigation Collectif Stop Melox and Mox versus France (2007) and the decision of the Council of State Quashing a decree concerning a nuclear installation in Brennilis, for the want of public information and consultation (2007) are reported. For South Africa, the judgment of the Cape High Court in the case of Mc donald and others versus Minister of Minerals and Energy and others (2007) is reported. United Kingdom states the decision of the Wick Sheriff Court Fining UKAEA for plutonium exposure (2007). Concerning Usa the judgment of the US Court of Appeals on environment Analysis of the effects of terrorism (2006) and the vacatur of US Court of Federal Claims Decision regarding Price-Anderson Compensation of Costs in a private Tort Claim (2007) are reported. (N.C.)

  17. Deep learning relevance

    DEFF Research Database (Denmark)

    Lioma, Christina; Larsen, Birger; Petersen, Casper

    2016-01-01

    train a Recurrent Neural Network (RNN) on existing relevant information to that query. We then use the RNN to "deep learn" a single, synthetic, and we assume, relevant document for that query. We design a crowdsourcing experiment to assess how relevant the "deep learned" document is, compared...... to existing relevant documents. Users are shown a query and four wordclouds (of three existing relevant documents and our deep learned synthetic document). The synthetic document is ranked on average most relevant of all....

  18. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  19. Mexican renewable electricity law

    Energy Technology Data Exchange (ETDEWEB)

    Ruiz-Mendoza, B.J.; Sheinbaum-Pardo, C. [Institute of Engineering of the National Autonomous University of Mexico, Circuito Exterior s/n, Edificio 12 Bernardo Quintana, Piso 3, Cubiculo 319, Ciudad Universitaria, Delegacion Coyoacan, CP 04510, Mexico D.F. (Mexico)

    2010-03-15

    Two renewable electricity bills have been proposed in Congress since 2005 in Mexico. The first one was rejected by the Senate and the second one was approved by both the House of Representatives and the Senate in October 2008. Our objective is to explain the nature of both bills and to analyze each of them bearing in mind the Mexican electricity sector management scheme. In the Mexican electricity sector single-buyer scheme, the state-owned companies (Comision Federal de Electricidad and Luz y Fuerza del Centro) are responsible of the public services and the private sector generates electricity under six modalities: self-supply, cogeneration, independent production, small production, export, and import, which are not considered a public service. This scheme has caused controversies related to the constitutionality of the 1992 Power Public Services Law that allowed this scheme to be implemented. Both bills, the rejected one and the approved one, were formulated and based on that controversial law and their objectives are linked precisely more to the controversial issues than to the promotion of renewable electricity technologies; consequently, the gap among environmental, economic and social issues related with sustainability notion is wider. (author)

  20. Mexican renewable electricity law

    International Nuclear Information System (INIS)

    Ruiz-Mendoza, B.J.; Sheinbaum-Pardo, C.

    2010-01-01

    Two renewable electricity bills have been proposed in Congress since 2005 in Mexico. The first one was rejected by the Senate and the second one was approved by both the House of Representatives and the Senate in October 2008. Our objective is to explain the nature of both bills and to analyze each of them bearing in mind the Mexican electricity sector management scheme. In the Mexican electricity sector single-buyer scheme, the state-owned companies (Comision Federal de Electricidad and Luz y Fuerza del Centro) are responsible of the public services and the private sector generates electricity under six modalities: self-supply, cogeneration, independent production, small production, export, and import, which are not considered a public service. This scheme has caused controversies related to the constitutionality of the 1992 Power Public Services Law that allowed this scheme to be implemented. Both bills, the rejected one and the approved one, were formulated and based on that controversial law and their objectives are linked precisely more to the controversial issues than to the promotion of renewable electricity technologies; consequently, the gap among environmental, economic and social issues related with sustainability notion is wider. (author)

  1. 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...

  2. Case law

    International Nuclear Information System (INIS)

    Anon.

    2000-01-01

    This article reviews the judgements and law decisions concerning nuclear activities throughout the world during the end of 1999 and the first semester 2000. In Belgium a judgement has allowed the return of nuclear waste from France. In France the Council of State confirmed the repeal of an authorization order of an installation dedicated to the storage of uranium sesquioxide, on the basis of an insufficient risk analysis. In France too, the criminal chamber of the French Supreme Court ruled that the production in excess of that authorized in the licence can be compared to carrying out operations without a licence. In Japan the Fukui district court rejected a lawsuit filed by local residents calling for the permanent closure, on safety grounds, of the Monju reactor. In the Netherlands, the Council of State ruled that the Dutch government had no legal basis for limiting in time the operating licence of the Borssele plant. In Usa a district court has rejected a request to ban MOX fuel shipment. (A.C.)

  3. 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

  4. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    The bibliography contains 1235 references to publications covering the following subject fields: general environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (HP) [de

  5. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    The bibliography contains 1160 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig./HP) [de

  6. 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.

  7. The punishment of gene doping - The relation between WADA prohibited lists, German Medicinal Products Act, German Doping Agents Amounts Ordinance, and Basic Law of the Federal Republic of Germany.

    Science.gov (United States)

    Parzeller, Markus

    2011-10-01

    The genetic constitution of athletes influences efficiency. Knowledge of genetic influences provides an opportunity for medical diagnostic and therapeutic attempts. Beside risks and therapeutic aspects, however, the possibilities of abuse for gene doping purposes in sports also exist. Genetic screening or gene therapy may have an advantage for athletes who use these methods. In juridical comments, it is pointed out that gene doping so far plays no role in sports, but that the legislator must consider a development in this area. Preventing abuse requires legal regulations. These regulations can include sanctions. This paper deals with the gene doping prohibition of the World Anti-Doping Agency (WADA) as confirmed and accepted by the monitoring group according to Articles 10 and 11 of the European Anti-Doping Convention by the Council of Europe, the prohibition of (gene) doping in sports of the German Medicinal Products Act (Arzneimittelgesetz - AMG) and the German Doping Agents Amounts Ordinance (Dopingmittel-Mengen-Verordnung-DmMV) of the German Federal Ministry of Health (BMG). The comprehensibility of the doping ban on the norm addressee was tested with a questionnaire. In connection with legal regulations of the German constitution, gene doping is discussed and problems which may arise by a state doping prohibition are pointed out. Copyright © 2011 John Wiley & Sons, Ltd.

  8. 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.

  9. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

    , treaty law is only one of many sources of the law that governs international relations, the others being customary international law and principles of law. The main conclusion of this chapter is that states may have to wake up to the limitations of the UNCLOS and that this will require understanding...... the relative role of this treaty among other sources of international law....

  10. The French nuclear law

    International Nuclear Information System (INIS)

    Ito, Hiroshi

    2013-01-01

    The nuclear law had been out of the environmental law. The act on the transparency and the security of the nuclear matter was enacted in 2006 and set in the code of the environment in 2012. It means that the nuclear law is part of the environmental law and that it is advanced. I will report the French nuclear law. (author)

  11. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  12. Opinião de estudantes dos cursos de Direito e Medicina da Universidade Federal do Rio Grande do Norte sobre o aborto no Brasil Opinion of Medical and Law students of Federal University of Rio Grande do Norte about abortion in Brazil

    Directory of Open Access Journals (Sweden)

    Robinson Dias de Medeiros

    2012-01-01

    legalidade do aborto no Brasil, aliado a uma tendência favorável à ampliação do permissivo legal para outras situações não previstas em lei. Ressalta-se a importância da inclusão dessa temática nos currículos de graduação e do desenvolvimento de estratégias de ensino interprofissional.PURPOSE: To analyze and compare the knowledge and opinions of Law and Medical students regarding the issue of abortion in Brazil. METHODS: This was a cross-sectional study involving 125 graduate students from the class of 2010. Of these, 52 were medical students (MED group and 73 law students (LAW group. A questionnaire was applied based on published research about the topic. Dependent variables were: monitoring the abortion debate, knowledge concerning situations where abortion is permitted under Brazilian law, opinion about situations that agree with extending legal permission to terminate pregnancy and prior knowledge of someone who has undergone induced abortion. Independent variables were: sex, age, household income and graduation course. Statistical analysis: χ² and Fisher's exact tests, with the level of significance set at 5%. RESULTS: Most interviewees reported monitoring the debate on abortion in Brazil (67.3% of the MED group and 70.2% of the LAW group, p>0.05. When assessing knowledge on the subject, medical students had a significantly higher percentage of correct answers than law students (100.0 and 87.5%, respectively; p=0.005 regarding the legality of abortion for pregnancies resulting from rape. Elevated percentages of correct responses were also recorded for both groups in relation to pregnancies that threaten the life of the mother (94.2 and 87.5% for MED and LAW groups, respectively, but without statistical significance. A significant percentage of respondents declared they were in favor of extending legal abortion to other situations, primarily in cases of anencephaly (68%, pregnancy severely harming the mother's physical health (42.1% or that of the fetus

  13. 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...

  14. 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...

  15. 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...

  16. 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...

  17. 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.

  18. 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.)

  19. 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

  20. 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...

  1. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  2. Law and Intergenerational Relationships.

    Science.gov (United States)

    Doron, Israel; Lowenstein, Ariela; Biggs, Simon

    2017-03-01

    In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared. Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

  3. Tenancy Law Denmark

    DEFF Research Database (Denmark)

    Edlund, Hans Henrik

    2003-01-01

    Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

  4. 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.)

  5. 78 FR 36237 - Proposed Information Collection; Federal Fish and Wildlife Permit Applications and Reports-Native...

    Science.gov (United States)

    2013-06-17

    ...--Native Endangered and Threatened Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice... requested in accordance with various Federal wildlife conservation laws, including: Endangered Species Act.... [[Page 36238

  6. 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...

  7. 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.

  8. 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...

  9. 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...

  10. 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...

  11. 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...

  12. HIV / AIDS and the law.

    Science.gov (United States)

    1997-09-01

    Since HIV is sexually transmitted, people living with AIDS and HIV (PWA/PHA) risk being stigmatized as immoral and promiscuous and they are often discriminated against in society. To this effect, the South African AIDS Law Project and Lawyers for Human Rights have developed a comprehensive resource manual detailing human rights with a special emphasis on issues relevant to PWA/PHA. The concept of the manual aimed to look at the legal and human rights questions that have been raised by the HIV/AIDS epidemic; inform people living with HIV/AIDS about their rights and the law; provide people working in businesses, trade unions, and nongovernmental organization with information about correct and incorrect responses to HIV/AIDS; and give victims of discrimination ideas on how to fight back. This manual initially introduces basic facts about HIV and AIDS and then describes the legal system and the Bill of Rights within the new South African Constitution. The main areas of focus in the manual include: 1) patient's medical rights, 2) employment rights, 3) women's rights, 4) the rights of lesbians and gay men, 5) the rights of youth and children, 6) the rights of prisoners, 7) social support for PWA, 8) HIV/AIDS and insurance law, 9) power of attorney and making wills, 10) criminal law, and 11) legal remedies, such as using the law to protect one's rights.

  13. 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...

  14. 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…

  15. 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...

  16. [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.

  17. 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.

  18. Nuclear law and radiological accidents

    International Nuclear Information System (INIS)

    Frois, F.

    1998-01-01

    Nuclear activities in Brazil, and particularly the radiological accident of Goiania, are examined in the light of the environmental and nuclear laws of Brazil and the issue of responsibility. The absence of legislation covering radioactive wastes as well as the restrictions on Brazilian States to issue regulations covering nuclear activities are reviewed. The radiological accident and its consequences, including the protection and compensation of the victims, the responsibility of the shareholders of the Instituto Goiano de Radioterapia, operator of the radioactive source, the provisional storage and the final disposal at Abadia de Goias of the radioactive waste generated by the accident are reviewed. Finally, nuclear responsibility, the inapplicability of the Law 6453/77 which deals with nuclear damages, and the state liability regime are analysed in accordance with the principles of the Brazilian Federal Constitution. (author)

  19. Environmental protection and procedural law

    International Nuclear Information System (INIS)

    Mutschler, U.

    1978-01-01

    For the power industry which is 'independent of licensing', the Ule/Laubinger statement as well as its discussion on the 52th German legal experts' day are of considerable importance. It is therefore absolutely necessary to critically investigate the statements of this expert's opinion and the considerations on which they are based. This investigation is limited to those licensing procedures which in the terminology of experts, are 'similar to the plan approval procedure'. This applies mainly to the procedures according to paragraph 4 ff of the Federal Act on the Protection Against Nuisances and paragraph 7 of the Atomic Energy Law: Preliminaries publication of documents, inspection of files, public hearing, taking of evidence, persons with special responsibilities, administrative proceedings, actions by associations. The deficiencies in the execution of environmental procedural law is briefly mentioned. The notes in the article refer only to air pollution. (orig./HP) [de

  20. Democratic contract law

    NARCIS (Netherlands)

    Hesselink, M.W.

    2015-01-01

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

  1. Investigating Coulomb's Law.

    Science.gov (United States)

    Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

    1998-01-01

    Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

  2. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  3. 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

  4. 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.

  5. Law across nations

    DEFF Research Database (Denmark)

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

  6. Environmental laws in health care.

    Science.gov (United States)

    Ruff, G G

    1992-11-01

    Federal and state regulations regarding the management and disposal of medical waste are currently quite extensive and will only become more comprehensive in the future. The public's heightened awareness and concerns over infectious diseases and discoveries of medical waste on beaches in New Jersey, Alabama, and other states, as well as medical waste being found in open trash bins and at public landfills, has brought to the public's attention the need for governmental intervention into this growing area of concern. Because regulations originating from the local, state, and federal levels have the potential to significantly affect hospitals, it is important that a specific person or department within the organization have a clearly designated responsibility to stay informed and follow up on these regulations. The designated person or department must work closely with the hospital's attorney to make sure that he or she stays current on environmental laws and keeps the institution adequately advised of its legal responsibilities.

  7. International Investment Law and EU Law

    DEFF Research Database (Denmark)

    regional economic integration agreements, International Competition Law, International Investment Regulation, International Monetary Law, International Intellectual Property Protection and International Tax Law. In addition to the regular annual volumes, EYIEL Special Issues routinely address specific...... current topics in International Economic Law. The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence...... for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude...

  8. Ronald Reagan's "New Federalism."

    Science.gov (United States)

    Parker, Joseph B.

    1982-01-01

    Describes how changes in federal fiscal policies affect the federal government's relationship to state and local government. Franklin D. Roosevelt's and Ronald Reagan's formulas for "New Federalism" are compared. (AM)

  9. 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...

  10. 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...

  11. 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.

  12. 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.

  13. 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...

  14. 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 ...

  15. 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...

  16. 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,…

  17. Property law in Jersey

    OpenAIRE

    MacLeod, Rebecca Frances

    2012-01-01

    Jersey law, and within it Jersey property law, has received little academic attention. This thesis seeks to examine, and provide a systematic account of, the Jersey law of property. Specific aspects of substantive law are explored. From these, general observations about the nature and structure of property law are made. Unsurprisingly, given the small size of the island, Jersey has a relatively limited amount of indigenous legal material to offer, much of it in French. Inevitab...

  18. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

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

  19. Europeanisation of private law and English law

    OpenAIRE

    Beale, Hugh

    2003-01-01

    To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

  20. 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...

  1. 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

  2. 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.).

  3. 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.)

  4. Design Basis Knowledge Management for Plant Life Management and Long Term Operation. RWM in the Design Basis Knowledge Management. New Practice of Knowledge Management in the Context of the Entry into Force of the Federal Law No. 190-FZ of July 11, 2011 on RWM

    International Nuclear Information System (INIS)

    Rakitskaya, Tatiana

    2013-01-01

    Knowledge management in conditions when lifetime of engineering constructions exceed the life of the generation of specialists: • RW management is not the final stage of another cycle but a separate technological cycle of practice; • RW management is the only for the time present kind of practice for which the principle of lifecycle implementation (including RW disposal) is legislatively set; • RW management cycle is the most “protracted” technological cycle and it rises in other technological cycles of nuclear power engineering and industry. That is why it is the cycle to specify the aspect and time scale in elaboration of the management model in lifetime management logics; • During such long life cycles as the cycle of a RW repository administrative decisions must be taken with the participation of all stakeholders. Due to the entry into force of the Federal Law “On RW management …” № 190-FZ of 11.07.2011 in the sphere of RW management two circuits of the management system are being formed and complex design projects and knowledge management projects are being realized

  5. 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.

  6. 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.

  7. 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...

  8. 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…

  9. 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)

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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.

  15. 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.

  16. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    head of traditional central government, the headman was the head of the ward, and the family head exercised leadership at family level.13 Accordingly, the nature of traditional governance in South Africa was that of an unspecialised legal system where the king or chief was creator of laws, the executor of laws and the judge ...

  17. 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.

  18. RUSSIAN LAW SUBJECTS

    Directory of Open Access Journals (Sweden)

    D.N. Bakhrakh

    2006-03-01

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

  19. 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...

  20. Making Deferred Taxes Relevant

    NARCIS (Netherlands)

    Brouwer, Arjan; Naarding, Ewout

    2018-01-01

    We analyse the conceptual problems in current accounting for deferred taxes and provide solutions derived from the literature in order to make International Financial Reporting Standards (IFRS) deferred tax numbers value-relevant. In our view, the empirical results concerning the value relevance of

  1. Parsimonious relevance models

    NARCIS (Netherlands)

    Meij, E.; Weerkamp, W.; Balog, K.; de Rijke, M.; Myang, S.-H.; Oard, D.W.; Sebastiani, F.; Chua, T.-S.; Leong, M.-K.

    2008-01-01

    We describe a method for applying parsimonious language models to re-estimate the term probabilities assigned by relevance models. We apply our method to six topic sets from test collections in five different genres. Our parsimonious relevance models (i) improve retrieval effectiveness in terms of

  2. Federal Student Loan Programs

    Science.gov (United States)

    Federal Student Aid, US Department of Education, 2014

    2014-01-01

    For those needing a loan to attend college, think federal aid first. Federal student loans usually offer borrowers lower interest rates and have more flexible repayment terms and options than private student loans. This brief report answers the following questions about federal aid: (1) What is a federal student loan?; (2) What is a private…

  3. 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)

  4. 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...

  5. 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...

  6. Alternative Fuels Data Center: Federal Laws and Incentives for Hydrogen

    Science.gov (United States)

    agricultural equipment projects. For more information, see the Clean Agriculture website. Point of Contact include transit improvements, travel demand management strategies, congestion relief efforts (such as high and strategies. For more information, see the Ports Initiative website. Point of Contact Jennifer

  7. The Law of Federal Labor-Management Relations

    Science.gov (United States)

    1993-11-01

    is not only proper, but may be construed as an obligation of agency management. Agencies should be concerned with the maximum exercise of the franchise ...543 (1964). Operating Engineers, Local 150 v. Flair Builders, Inc., 406 U.S. 487 (1972). Nolde Brothers, Inc. v. Bakery Workers, Local 358, 430 U.S

  8. Alternative Fuels Data Center: Federal Laws and Incentives for Electricity

    Science.gov (United States)

    and 49 U.S. Code 47136a) Advanced Technology Vehicle (ATV) and Alternative Fuel Infrastructure Manufacturing Loan Program website and the Alternative Fuel Infrastructure fact sheet. (Reference 42 U.S. Code vehicles and infrastructure. Projects supported with CMAQ funds must demonstrate emissions reductions, be

  9. 24 CFR 58.5 - Related Federal laws and authorities.

    Science.gov (United States)

    2010-04-01

    ... radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the... section 3 (16 U.S.C. 469a-1). (b) Floodplain management and wetland protection. (1) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR, 1977 Comp., p. 117, as interpreted in HUD...

  10. The Law of Federal Labor-Management Relations

    Science.gov (United States)

    2001-12-04

    practices. Generally speaking, the most accurate and reliable test at this time for confirming the presence of cocaine, marijuana , opiates, amphetamines...certain areas. However, the Union wants more indoor smoking areas as well an enclosed ventilated outside area which will provide protection from the...elements. The Employer wants smoking to be prohibited indoors , except for areas already agreed to, but contends it will provide adequate outside

  11. A Case for Criminal Enforcement of Federal Environmental Laws

    Science.gov (United States)

    1989-02-19

    enforcement scheme can actually contribute to improper disposal. Szasz , Corporations. Organized Crime. and the Disposal of Hazardous Waste: An...the Syndicate Control Mystiaue, 1 Nat’l Envtl. Enforcement J. 3 (Dec. 1986). 150. See Szasz , supra note 79. 151. United States v. MacDonald & Watson

  12. Alternative Fuels Data Center: Federal Laws and Incentives for Biodiesel

    Science.gov (United States)

    SmartWay Transport Partnership is a market-based public-private collaboration between the U.S operate vehicle fleets, the public, and other interested entities about the benefits of biodiesel use Biodiesel Printable Version Share this resource Send a link to Alternative Fuels Data Center

  13. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  14. By Law Established

    DEFF Research Database (Denmark)

    Christoffersen, Lisbet

    2017-01-01

    An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017......An analysis of the degree and content of statutory law regulation of Nordic Lutheran majority churches in 2017...

  15. Civil Law Glossary.

    Science.gov (United States)

    Update on Law-Related Education, 1997

    1997-01-01

    Presents a glossary of civil law terms originally compiled for journalists by the American Bar Association. Defines many essential civil law concepts and practices including compensatory damages, jurisdiction, motion to dismiss, discovery, and remedy. (MJP)

  16. Community Notification Laws

    National Research Council Canada - National Science Library

    Speck, Michael B

    2007-01-01

    .... Furthermore, a false sense of security and reductions in incest reporting continue to victimize children, which results in further sex offender laws passed by legislatures without empirical data supporting such laws...

  17. Themes in nuclear law

    International Nuclear Information System (INIS)

    2003-01-01

    The nuclear law was analyzed during a workshop. The main aspects were: the law of population to access to information on nuclear energy and the relationship between the Regulator Organism and the nuclear power plants managers

  18. 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.

  19. 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

  20. Approaching comparative company law

    OpenAIRE

    Donald, David C.

    2008-01-01

    This paper identifies some common errors that occur in comparative law, offers some guidelines to help avoid such errors, and provides a framework for entering into studies of the company laws of three major jurisdictions. The first section illustrates why a conscious approach to comparative company law is useful. Part I discusses some of the problems that can arise in comparative law and offers a few points of caution that can be useful for practical, theoretical and legislative comparative ...

  1. On crystallization of law

    Directory of Open Access Journals (Sweden)

    Szmodis Jenő

    2014-01-01

    Full Text Available The article introduces the problem of autonomy of law. The paper examines the medieval origins of legal positivism from a historical approach, sketching the main theories concerning the emergence of law, and phrasing some preliminary consideration for a historical and philosophical view of the problem of the birth of law. As a result of reasoning the article suggests some legal historical and human ethological ideas relating to the phenomena of crystallization of the law.

  2. 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....

  3. 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.

  4. LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    is still on the increase.8 It is forecast that the world will face a 40 per cent .... the legal context entails.27 Renowned property law scholars, like Underkuffler, argue ..... operation of law.53 The classic examples of Roman law res publicae were ...

  5. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC

  6. Contract law as fairness

    NARCIS (Netherlands)

    Klijnsma, J.

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is

  7. Transnational Constitutional Law

    NARCIS (Netherlands)

    Zumbansen, P (Peer); K.I. Bhatt (Kinnari)

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its

  8. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  9. 77 FR 42339 - Improving Contracting Officers' Access to Relevant Integrity Information

    Science.gov (United States)

    2012-07-18

    ... contracting officers' access to relevant information about contractor business ethics in the Federal Awardee... ability to evaluate the business ethics of prospective contractors and protect the Government from...

  10. 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)

  11. Unjust enrichment in business law

    OpenAIRE

    Vydrová, Zuzana

    2016-01-01

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

  12. Culturally Relevant Cyberbullying Prevention

    OpenAIRE

    Phillips, Gregory John

    2017-01-01

    In this action research study, I, along with a student intervention committee of 14 members, developed a cyberbullying intervention for a large urban high school on the west coast. This high school contained a predominantly African American student population. I aimed to discover culturally relevant cyberbullying prevention strategies for African American students. The intervention committee selected video safety messages featuring African American actors as the most culturally relevant cyber...

  13. Scaling law in laboratory astrophysics

    International Nuclear Information System (INIS)

    Xia Jiangfan; Zhang Jie

    2001-01-01

    The use of state-of-the-art lasers makes it possible to produce, in the laboratory, the extreme conditions similar to those in astrophysical processes. The introduction of astrophysics-relevant ideas in laser-plasma interaction experiments is propitious to the understanding of astrophysical phenomena. However, the great difference between laser-produced plasma and astrophysical objects makes it awkward to model the latter by laser-plasma experiments. The author presents the physical reasons for modeling astrophysical plasmas by laser plasmas, connecting these two kinds of plasmas by scaling laws. This allows the creation of experimental test beds where observation and models can be quantitatively compared with laboratory data

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. LAW OCRACY ELOPMENT LAW DEMOCRACY & DEVELOPMENT

    African Journals Online (AJOL)

    HP27975994114

    to health care services dovetails with the international law approach to assessing compliance with the ..... with extended opening hours) are well distributed across the city.40 Availability of .... often constitutes a de facto denial of access to care.

  2. Human law and computer law comparative perspectives

    CERN Document Server

    Hildebrandt, Mireille

    2014-01-01

    This book probes the epistemological and hermeneutic implications of data science and artificial intelligence for democracy and the Rule of Law, and the challenges posed by computing technologies traditional legal thinking and the regulation of human affairs.

  3. A common law agenda for labour law

    OpenAIRE

    Hough, Barry; Spowart-Taylor, Ann

    1999-01-01

    This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national ...

  4. Determining authority of Dutch case law

    NARCIS (Netherlands)

    Winkels, R.; de Ruyter, J.; Kroese, H.

    2011-01-01

    In this paper we present the results of two studies to see whether the analysis of the network of citations between cases can be used as an indication of the relevance and authority in the Dutch legal system. Fowler e.a. have shown such results for the US common law system, but given the different

  5. 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

  6. 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.

  7. 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.

  8. 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

  9. 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

  10. 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

  11. Federal Fleet Report

    Data.gov (United States)

    General Services Administration — Annual report of Federal agencies' motor vehicle fleet data collected in the Federal Automotive Statistical Tool (FAST), a web-based reporting tool cosponsored by...

  12. Federal Register in XML

    Data.gov (United States)

    National Archives and Records Administration — The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and...

  13. 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.

  14. 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.

  15. The Limits to Relevance

    Science.gov (United States)

    Averill, M.; Briggle, A.

    2006-12-01

    Science policy and knowledge production lately have taken a pragmatic turn. Funding agencies increasingly are requiring scientists to explain the relevance of their work to society. This stems in part from mounting critiques of the "linear model" of knowledge production in which scientists operating according to their own interests or disciplinary standards are presumed to automatically produce knowledge that is of relevance outside of their narrow communities. Many contend that funded scientific research should be linked more directly to societal goals, which implies a shift in the kind of research that will be funded. While both authors support the concept of useful science, we question the exact meaning of "relevance" and the wisdom of allowing it to control research agendas. We hope to contribute to the conversation by thinking more critically about the meaning and limits of the term "relevance" and the trade-offs implicit in a narrow utilitarian approach. The paper will consider which interests tend to be privileged by an emphasis on relevance and address issues such as whose goals ought to be pursued and why, and who gets to decide. We will consider how relevance, narrowly construed, may actually limit the ultimate utility of scientific research. The paper also will reflect on the worthiness of research goals themselves and their relationship to a broader view of what it means to be human and to live in society. Just as there is more to being human than the pragmatic demands of daily life, there is more at issue with knowledge production than finding the most efficient ways to satisfy consumer preferences or fix near-term policy problems. We will conclude by calling for a balanced approach to funding research that addresses society's most pressing needs but also supports innovative research with less immediately apparent application.

  16. 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.

  17. 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...

  18. Relevant Subspace Clustering

    DEFF Research Database (Denmark)

    Müller, Emmanuel; Assent, Ira; Günnemann, Stephan

    2009-01-01

    Subspace clustering aims at detecting clusters in any subspace projection of a high dimensional space. As the number of possible subspace projections is exponential in the number of dimensions, the result is often tremendously large. Recent approaches fail to reduce results to relevant subspace...... clusters. Their results are typically highly redundant, i.e. many clusters are detected multiple times in several projections. In this work, we propose a novel model for relevant subspace clustering (RESCU). We present a global optimization which detects the most interesting non-redundant subspace clusters...... achieves top clustering quality while competing approaches show greatly varying performance....

  19. ACHP | Unified Federal Review

    Science.gov (United States)

    Search skip specific nav links Home arrow Unified Federal Review Three logos: 1) Executive Office of the Homeland Security. Unified Federal Environmental and Historic Preservation Review Process Please visit the new location for the Unified Federal Review located here: http://www.fema.gov/environmental-historic

  20. Framing Canadian federalism

    National Research Council Canada - National Science Library

    Saywell, John; Anastakis, Dimitry; Bryden, Penny E

    2009-01-01

    ... the pervasive effects that federalism has on Canadian politics, economics, culture, and history, and provide a detailed framework in which to understand contemporary federalism. Written in honour of John T. Saywell's half-century of accomplished and influential scholarly work and teaching, Framing Canadian Federalism is a timely and fitting t...

  1. An Analysis of the Massachusetts Healthcare Law.

    Science.gov (United States)

    Stephens, James H; Ledlow, Gerald R; Sach, Michael V; Reagan, Julie K

    2017-01-01

    Healthcare in the United States has been one topic of the debates and discussion in the country for many years. The challenge for affordable, accessible, and quality healthcare for most Americans has been on the agenda of federal and state legislatures. There is probably no other state that has drawn as much individual attention regarding this challenge as the state of Massachusetts. While researching the topic for this article, it was discovered that financial and political perspectives on the success or failure of the healthcare model in Massachusetts vary depending on the aspect of the system being discussed. In this article the authors give a brief history and description of the Massachusetts Healthcare Law, explanation of how the law is financed, identification of the targeted populations in Massachusetts for which the law provides coverage, demonstration of the actual benefit coverage provided by the law, and review of the impact of the law on healthcare providers such as physicians and hospitals. In addition, there are explanations about the impact of the law on health insurance companies, discussion of changes in healthcare premiums, explanation of costs to the state for the new program, reviews of the impact on the health of the insured, and finally, projections on the changes that healthcare facilities will need to make to maintain fiscal viability as a result of this program.

  2. Energy law and the environment

    Energy Technology Data Exchange (ETDEWEB)

    Rosemary Lyster; Adrian Bradbrook [University of Sydney, Sydney, NSW (Australia)

    2006-08-15

    The current unsustainable practices worldwide in energy production and consumption have led to a plethora of environmental problems. Until recently environmental law largely overlooked the relevance of energy production and consumption; energy was seen to be of little significance to the advancement of sustainable development. This has changed since 2000 with the global concern attached to climate change, the publication by the United Nations of the World Energy Assessment and the detailed consideration given to this issue at the World Summit on Sustainable Development in Johannesburg in 2002. Australia has been seen to be lagging behind the other major industrialised nations of the world in addressing sustainable energy issues. Contents are: Overview of energy production and use in Australia; 2. Energy technologies and sustainable development; 3. Energy, international environmental law and sustainable development; 4. Evaluating Australian government initiatives relating to energy, climate change and the environment; 5. Sustainable energy in the Australian electricity and gas sectors; 6. State government initiatives relating to energy and the environment; 7. A sustainable energy law future for Australia. 2 apps.

  3. 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...

  4. 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...

  5. Equalizing Military and Civilian Law Enforcement Certification

    Science.gov (United States)

    2012-03-20

    an Active Shooter Lesson 2: Psychology of an Active Shooter Lesson 3: Physiological Stress of a Patrolman Lesson 4: Police Intelligence Fusion...MPs are migratory by nature and by mission, they require professional credentials regarding federal and state laws, the Uniform Code of Military...their preceding MP training or experience – for employment. For instance, the State of Louisiana POST Council stresses the following minimum training

  6. Unity of Command for Federal Consequence Management

    Science.gov (United States)

    2013-09-01

    143  A.  A REVITALIZED EMERGENCY SUPPORT FUNCTION LEADERSHIP GROUP...Group (ESFLG) needs to be revitalized and become the nexus for the federal interagency operational response to disasters. The ESFLG would provide a...amended (50 U.S.C. App . § 2251 et seq). Public Law 81–920. It was repealed in its entirety in 1994 by The National Defense Authorization Act for Fiscal

  7. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

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

  8. Dentistry and criminal law.

    Science.gov (United States)

    Khoury, B S; Khoury, J N

    2017-09-01

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

  9. Is Information Still Relevant?

    Science.gov (United States)

    Ma, Lia

    2013-01-01

    Introduction: The term "information" in information science does not share the characteristics of those of a nomenclature: it does not bear a generally accepted definition and it does not serve as the bases and assumptions for research studies. As the data deluge has arrived, is the concept of information still relevant for information…

  10. Zipf's law, power laws and maximum entropy

    International Nuclear Information System (INIS)

    Visser, Matt

    2013-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified. (paper)

  11. Transnational Constitutional Law

    OpenAIRE

    Zumbansen, P (Peer); Bhatt, Kinnari

    2018-01-01

    textabstractThis chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them ‘in context’ with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships ...

  12. Labor Laws and Innovation

    OpenAIRE

    Viral V. Acharya; Ramin P. Baghai; Krishnamurthy V. Subramanian

    2013-01-01

    Can stringent labor laws be efficient? Possibly, if they provide firms with a commitment device to not punish short-run failures and thereby incentivize the pursuit of value-maximizing innovative activities. In this paper, we provide empirical evidence that strong labor laws indeed appear to have an ex ante positive incentive effect by encouraging the innovative pursuits of firms and their employees. Using patents and citations as proxies for innovation and a time-varying index of labor laws,...

  13. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  14. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  15. 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

  16. 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

  17. 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

  18. 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.

  19. Is Contract Law Necessary?

    OpenAIRE

    SCHWARTZ, Alan

    2010-01-01

    This lecture was delivered on 17 March 2010. Alan Schwartz, Sterling Professor of Law; Professor of Management, Yale University This Lecture argues that much of the contract law in the cases (the US, the UK and Canada) and in the codes (Europe and Latin America) is unnecessary. To say that a law is unnecessary is to say that it does not perform a useful social function. The argument below thus sets out the functions that contract laws today are thought to serve, and then shows that many of...

  20. Outlines of environmental Law

    International Nuclear Information System (INIS)

    Salzwedel, J.

    1982-01-01

    In this omnibus, ten members of the working group for environmental law attempt to present the respective fields of environmental law in a consistent context, and to show the autonomy of each subject-matter as well as their interdependence and interrelationships. In the long run, the complexity of basic facts of natural science, technology and that of practical execution will require subject-specific penetration and application. Relationships between systems have to be realized to an increasing extent. Structures of law and administration have to be harmonized, and statements on the environmental impact of projects have to be made possible on the whole. Fundamental issues of environmental law are dealt with in the chapters entitled 'Concept and levels of applications of environmental law' and 'Environmental law in general'. The international, supranational and constitutional conditions given in advance of any environmental legislation increasingly gaining in importance are presented in the chapter on 'International environmental law', 'Basics of European Law' and on 'Constitutional Fundamentals'. The necessity of interdisciplinary cooperation becomes evident in those contributions concerning individual fields of environmental law. (orig./HSCH) [de