WorldWideScience

Sample records for relevant state laws

  1. 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)

  2. Radioactive waste management: a summary of state laws and administration

    International Nuclear Information System (INIS)

    1983-09-01

    This is the second update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the first update (15 April 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. The Administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. In a number of states, Boards of Health or similar boards are lead agencies, so they have been listed in that section. Each board's administrative agency is listed under it. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs, and a legislative contact. Many legislatures do not set a date for session adjournment, so the date listed represents a combination of information provided by the states and by the history of past sessions. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and this disposition. In general, the information in this report is accurate as of July 15, 1983

  3. 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.

  4. State Gun Law Environment and Youth Gun Carrying in the United States.

    Science.gov (United States)

    Xuan, Ziming; Hemenway, David

    2015-11-01

    Gun violence and injuries pose a substantial threat to children and youth in the United States. Existing evidence points to the need for interventions and policies for keeping guns out of the hands of children and youth. (1) To examine the association between state gun law environment and youth gun carrying in the United States, and (2) to determine whether adult gun ownership mediates this association. This was a repeated cross-sectional observational study design with 3 years of data on youth gun carrying from US states. The Youth Risk Behavior Survey comprises data of representative samples of students in grades 9 to 12 from biennial years of 2007, 2009, and 2011. We hypothesized that states with more restrictive gun laws have lower rates of youth gun carrying, and this association is mediated by adult gun ownership. State gun law environment as measured by state gun law score. Youth gun carrying was defined as having carried a gun on at least 1 day during the 30 days before the survey. In the fully adjusted model, a 10-point increase in the state gun law score, which represented a more restrictive gun law environment, was associated with a 9% decrease in the odds of youth gun carrying (adjusted odds ratio [AOR], 0.91 [95% CI, 0.86-0.96]). Adult gun ownership mediated the association between state gun law score and youth gun carrying (AOR, 0.94 [ 95% CI, 0.86-1.01], with 29% attenuation of the regression coefficient from -0.09 to -0.07 based on bootstrap resampling). More restrictive overall gun control policies are associated with a reduced likelihood of youth gun carrying. These findings are relevant to gun policy debates about the critical importance of strengthening overall gun law environment to prevent youth gun carrying.

  5. A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

    Science.gov (United States)

    Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

    2008-02-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

  6. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  7. 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…

  8. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Mangement Program

    International Nuclear Information System (INIS)

    1983-05-01

    This is the first quarterly update of Radioactive Waste Management: A Summary of State Laws and Administration. Because states have been very active on waste management issues, the whole report is being reissued in this update. It covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. The administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs and a legislative contact. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and their disposition. In general, the information in this report is accurate as of 15 April 1983

  9. State laws on tobacco control--United States, 1998.

    Science.gov (United States)

    Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

    1999-06-25

    State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

  10. State cigarette minimum price laws - United States, 2009.

    Science.gov (United States)

    2010-04-09

    Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

  11. State-level school competitive food and beverage laws are associated with children's weight status.

    Science.gov (United States)

    Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F; Mâsse, Louise C; Moser, Richard P; Perna, Frank

    2014-09-01

    This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. We use the Classification of Laws Associated with School Students (CLASS) database of state codified law(s) relevant to school nutrition. States were classified as having strong, weak, or no competitive food laws in 2005 based on strength and comprehensiveness. Parent-reported height and weight along with demographic, behavioral, family, and household characteristics were obtained from the 2007 National Survey of Children's Health. Bivariate and logistic regression analyses estimated the association between states' competitive food laws and children's overweight and obesity status (body mass index [BMI]-for-age ≥85th percentile). Children (N = 16,271) between the ages of 11-14 years with a BMI for age ≥5th percentile who attended public school were included. Children living in states with weak competitive food laws for middle schools had over a 20% higher odds of being overweight or obese than children living in states with either no or strong school competitive food laws. State-level school competitive food and beverage laws merit attention with efforts to address the childhood obesity epidemic. Attention to the specificity and requirements of these laws should also be considered. Published 2014. This article is a U.S. Government work and is in the public domain in the USA.

  12. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

  13. 42 CFR 422.378 - Relationship to State law.

    Science.gov (United States)

    2010-10-01

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

  14. Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

    Science.gov (United States)

    Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

    2009-03-01

    Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

  15. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

    ... interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption determination. (b) Exemptions—(1) Application. A state may apply to the Board for an exemption from the... LEASING (REGULATION M) § 213.9 Relation to state laws. (a) Inconsistent state law. A state law that is...

  16. A switched state feedback law for the stabilization of LTI systems.

    Energy Technology Data Exchange (ETDEWEB)

    Santarelli, Keith R.

    2009-09-01

    Inspired by prior work in the design of switched feedback controllers for second order systems, we develop a switched state feedback control law for the stabilization of LTI systems of arbitrary dimension. The control law operates by switching between two static gain vectors in such a way that the state trajectory is driven onto a stable n - 1 dimensional hyperplane (where n represents the system dimension). We begin by briefly examining relevant geometric properties of the phase portraits in the case of two-dimensional systems to develop intuition, and we then show how these geometric properties can be expressed as algebraic constraints on the switched vector fields that are applicable to LTI systems of arbitrary dimension. We then derive necessary and sufficient conditions to ensure stabilizability of the resulting switched system (characterized primarily by simple conditions on eigenvalues), and describe an explicit procedure for designing stabilizing controllers. We then show how the newly developed control law can be applied to the problem of minimizing the maximal Lyapunov exponent of the corresponding closed-loop state trajectories, and we illustrate the closed-loop transient performance of these switched state feedback controllers via multiple examples.

  17. 28 CFR 104.42 - Applicable state law.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Applicable state law. 104.42 Section 104... OF 2001 Amount of Compensation for Eligible Claimants. § 104.42 Applicable state law. The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's...

  18. Decision-making authority and substance abuse treatment for adolescents: a survey of state laws.

    Science.gov (United States)

    Lallemont, Tori; Mastroianni, Anna; Wickizer, Thomas M

    2009-04-01

    State laws concerning decision-making authority for voluntary inpatient substance abuse (SA) treatment of minors may be a potential barrier to appropriate treatment. We sought to identify and classify relevant laws related to the provision of voluntary inpatient SA treatment to adolescents 12 to 17 years (minors) as an exploratory assessment to improve understanding of how these laws might affect treatment decisions. In summer 2006, we conducted a survey of statutes, regulations, and legal cases in the 50 states and the District of Columbia regarding the authority of parents (or guardians) and minors to make treatment decisions for voluntary inpatient SA treatment. All 50 states have laws applicable to voluntary inpatient SA treatment for adolescents, and the laws vary significantly throughout the nation. If a minor and parent disagree about SA treatment, some states defer to the decision-making authority of the minor, whereas other states defer to the parent. Most significantly, the majority of states fail to specify whether the minor's or the parent's decision will control in the event of a conflict. The lack of clarity in state laws regarding decision-making authority for voluntary inpatient SA treatment of minors may create a potential barrier to treatment for adolescents, especially those with more serious SA problems. This lack of clarity could lead to confusion among parents, adolescents, healthcare professionals, and treatment facilities, and ultimately could result in a failure to treat adolescents in need of medical attention. Policymakers should ensure that state laws clearly specify procedures to enable treatment if a conflict arises between adolescents and parents, including procedures to ensure that the due process rights of adolescents are protected.

  19. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

    ... other interested party may request that the Board determine whether a state law is inconsistent with the.... (e) Exemption for state-regulated transactions—(1) Applications. A state may apply to the Board for... OPPORTUNITY ACT (REGULATION B) § 202.11 Relation to state law. (a) Inconsistent state laws. Except as...

  20. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

    The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

  1. A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

    Science.gov (United States)

    Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

    2014-01-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

  2. 45 CFR 98.3 - Effect on State law.

    Science.gov (United States)

    2010-10-01

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

  3. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

  4. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states

  5. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

    ... inconsistent, a creditor may not make disclosures using the inconsistent term or form. (2)(i) State law... also explain that the State law provisions apply only after expiration of the time period for... TRUTH IN LENDING (REGULATION Z) Miscellaneous § 226.28 Effect on State laws. (a) Inconsistent disclosure...

  6. Techniques for analyzing the impacts of certain electric-utility ratemaking and regulatory-policy concepts. Regulatory laws and policies. [State by state

    Energy Technology Data Exchange (ETDEWEB)

    None

    1980-08-01

    This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.

  7. 27 CFR 478.58 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... business or activity contrary to State or other law. The holder of such a license is not by reason of the... ammunition business or activity in violation of the provisions of any State or other law. Similarly... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 478.58...

  8. American State Gun Law Strength and State Resident Differences in Neuroticism Levels

    Directory of Open Access Journals (Sweden)

    Stewart J. H. McCann

    2016-04-01

    Full Text Available Relations between state gun law strength and state-aggregated levels of Republican leaning, gun ownership, and resident Big Five neuroticism (based on 619,397 residents nationally were determined in a state-level analysis of the 50 American states using multiple regression strategies with state socioeconomic status, white population percent, and urban population percent statistically controlled. In a standard hierarchical model with state gun law strength as the criterion, the three demographic variables accounted for 44.4% of the variance and the Big Five accounted for another 21.9%. When the Big Five entered stepwise after the demographics, neuroticism was the sole significant personality predictor, accounting for another 13.4% of the variance. Greater state gun law strength was associated with higher state resident neuroticism. Further hierarchical regression analyses showed that state Republican leaning and gun ownership could account separately and jointly for significant variance in state gun law strength but not with state resident neuroticism controlled.

  9. 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.

  10. 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

  11. Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

    Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

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

    Directory of Open Access Journals (Sweden)

    Américo Bedê Freire Júnior

    2017-05-01

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

  13. 32 CFR 634.41 - Compliance with State laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 634.41 Section 634.41 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with State laws. (a) Installation commanders...

  14. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Interaction with State laws. 825.701 Section 825.701 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... Agreements on Employee Rights Under FMLA § 825.701 Interaction with State laws. (a) Nothing in FMLA...

  15. 27 CFR 555.62 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 555.62...

  16. Green energy laws and Republican legislators in the United States

    International Nuclear Information System (INIS)

    Coley, Jonathan S.; Hess, David J.

    2012-01-01

    The policy context for green energy laws in the United States has changed over the past few years, because the Republican Party has increasingly opposed renewable electricity and other green energy policies. In this study, we draw on a database of 6071 votes on RPS (renewable portfolio standards) and PACE (Property-Assessed Clean Energy) laws by individual state legislators in the United States to examine the circumstances shaping Republican votes for green energy laws from 2007–2011. We find that votes on these laws are indeed increasingly partisan, with Republicans supporting RPS laws especially less than Democrats. However, Republicans' support for these laws is higher in states with weaker fossil fuel industries. Furthermore, Republicans tend to support the laws where median household income is lower, environmental organizations are weaker, labor-environmental coalitions are absent, and the proportion of Democrats in the legislature is lower, suggesting a reactive effect against green energy policies in more progressive settings. - Highlights: ► We analyze Republican votes for state RPS and PACE laws from 2007–2011. ► Support for RPS laws declined, while support for PACE laws remained steady. ► Support for both laws is lower in states with strong fossil fuel industries. ► Support for both laws is lower in more Democratic legislatures.

  17. 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...

  18. The Necessary Predication between State and Law

    Directory of Open Access Journals (Sweden)

    Daniel Nunes Pereira

    2017-02-01

    Full Text Available This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes, phenomenologically (Schmitt’s Political Theology and normatively (Hans Kelsen’s Legal Positivism based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

  19. Association between state school nutrition laws and subsequent child obesity.

    Science.gov (United States)

    Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

    2016-09-01

    Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

  20. State-wide Regulation of Smoking Law in Lagos state Nigeria?

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

    Awareness of the State Regulation of smoking law was low however ,many of the workers support many aspects of the law. They however, believed the law would negatively impact revenue. Mechanisms to educate these workers and deal with their misconceptions of the perceived negative effects of the law should be implemented. Monitoring the awareness and support of these workers for smoke-free legislation is essential, in line with the guidelines for Article 8 of the WHO FCTC.

  1. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  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. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  4. 20 CFR 601.2 - Approval of State unemployment compensation laws.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Approval of State unemployment compensation... unemployment compensation laws. States may at their option submit their unemployment compensation laws for... Employment and Training Administration (ETA), one copy of the State unemployment compensation law properly...

  5. Correlates of state enactment of elementary school physical education laws.

    Science.gov (United States)

    Monnat, Shannon M; Lounsbery, Monica A F; Smith, Nicole J

    2014-12-01

    To describe variation in U.S. state elementary school physical education (PE) policies and to assess associations between state PE policy enactment and education funding, academic achievement, sociodemographic disadvantage, and political characteristics. U.S. state laws regarding school PE time, staffing, curriculum, fitness assessment, and moderate-to-vigorous physical activity (MVPA) in 2012 were classified as strong/specific, weak/nonspecific, or none based on codified law ratings within the Classification of Laws Associated with School Students (C.L.A.S.S.). Laws were merged with state-level data from multiple sources. Logistic regression was used to determine associations between state characteristics and PE laws (N=51). Laws with specific PE and MVPA time requirements and evidence-based curriculum standards were more likely in states with low academic performance and in states with sociodemographically disadvantaged populations. School day length was positively associated with enacting a PE curriculum that referenced evidence-based standards. School funding and political characteristics were not associated with PE laws. Limited time and high-stake testing requirements force schools to prioritize academic programs, posing barriers to state passage of specific PE laws. To facilitate PE policy enactment, it may be necessary to provide evidence on how PE policies can be implemented within existing time and staffing structures. Copyright © 2014 Elsevier Inc. All rights reserved.

  6. 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

  7. 7 CFR 766.155 - Conflict with State law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Conflict with State law. 766.155 Section 766.155... AGRICULTURE SPECIAL PROGRAMS DIRECT LOAN SERVICING-SPECIAL Homestead Protection Program § 766.155 Conflict with State law. If there is a conflict between a borrower's homestead protection rights and any...

  8. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

  9. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

  10. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Conflict with State law. 530.201 Section 530.201 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS EMPLOYMENT... Conflict with State law. No certificate will be issued pursuant to § 530.101 of subpart B above authorizing...

  11. Inequity between male and female coverage in state infertility laws.

    Science.gov (United States)

    Dupree, James M; Dickey, Ryan M; Lipshultz, Larry I

    2016-06-01

    To analyze state insurance laws mandating coverage for male factor infertility and identify possible inequities between male and female coverage in state insurance laws. We identified states with laws or codes related to infertility insurance coverage using the National Conference of States Legislatures' and the National Infertility Association's websites. We performed a primary, systematic analysis of the laws or codes to specifically identify coverage for male factor infertility services. Not applicable. Not applicable. Not applicable. The presence or absence of language in state insurance laws mandating coverage for male factor infertility care. There are 15 states with laws mandating insurance coverage for female factor infertility. Only eight of those states (California, Connecticut, Massachusetts, Montana, New Jersey, New York, Ohio, and West Virginia) have mandates for male factor infertility evaluation or treatment. Insurance coverage for male factor infertility is most specific in Massachusetts, New Jersey, and New York, yet significant differences exist in the male factor policies in all eight states. Three states (Massachusetts, New Jersey, and New York) exempt coverage for vasectomy reversal. Despite national recommendations that male and female partners begin infertility evaluations together, only 8 of 15 states with laws mandating infertility coverage include coverage for the male partner. Excluding men from infertility coverage places an undue burden on female partners and risks missing opportunities to diagnose serious male health conditions, correct reversible causes of infertility, and provide cost-effective treatments that can downgrade the intensity of intervention required to achieve a pregnancy. Copyright © 2016 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

  12. An empirically based steady state friction law and implications for fault stability.

    Science.gov (United States)

    Spagnuolo, E; Nielsen, S; Violay, M; Di Toro, G

    2016-04-16

    Empirically based rate-and-state friction laws (RSFLs) have been proposed to model the dependence of friction forces with slip and time. The relevance of the RSFL for earthquake mechanics is that few constitutive parameters define critical conditions for fault stability (i.e., critical stiffness and frictional fault behavior). However, the RSFLs were determined from experiments conducted at subseismic slip rates ( V   0.1 m/s) remains questionable on the basis of the experimental evidence of (1) large dynamic weakening and (2) activation of particular fault lubrication processes at seismic slip rates. Here we propose a modified RSFL (MFL) based on the review of a large published and unpublished data set of rock friction experiments performed with different testing machines. The MFL, valid at steady state conditions from subseismic to seismic slip rates (0.1 µm/s fault frictional stability with implications for slip event styles and relevance for models of seismic rupture nucleation, propagation, and arrest.

  13. 34 CFR 200.4 - State law exception.

    Science.gov (United States)

    2010-07-01

    ... law to adopt academic content standards, student academic achievement standards, and academic assessments applicable to all students enrolled in the State's public schools, the State may meet the...) If a State provides satisfactory evidence to the Secretary that neither the State educational agency...

  14. Use of Law Library resources by law students of Imo State University ...

    African Journals Online (AJOL)

    Academic law li braries are indispensable support for learning, research and general practice in the entire legal profession. This article sought to establish the level of usage students of Imo State University make of its law library and in particular, determine the leve l of organization of the resources, services available as well ...

  15. Men Who have Sex with Men Who Believe that Their State has a HIV Criminal Law Report Higher Condomless Anal Sex than Those Who are Unsure of the Law in Their State.

    Science.gov (United States)

    Horvath, Keith J; Meyer, Craig; Rosser, B R Simon

    2017-01-01

    We assessed the effects of beliefs about state HIV criminal law on condomless anal sex (CAS law(s) or where a HIV-related arrest, prosecution, or sentence enhancement (APSE) had occurred. Three-quarters of MSM reported that they were unsure of the law in their state. Men who believed there was a HIV law in their state but lived in states without any or a sex-specific HIV criminal law(s) had higher probabilities of CAS compared to those who were unsure of their state's law; men who believed there was a HIV law in their state and lived in a state where an APSE had occurred had higher probabilities of CAS compared to those who were unsure of their state's law. Correct knowledge of state law was not associated with CAS. Findings suggest that HIV criminal laws have little or counter-productive effects on MSM's risk behavior.

  16. Applicable law in investor-state arbitration: the interplay between national and international law

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

    This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

  17. Courts of customary law in the post-soviet states: history and the current situation

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

    Full Text Available Problem setting and relevance of the research topic. Research of courts of customary law is not a new trend in the domestic legal science. However, it should be noted that this issue was covered mainly in the historical and ethnographic aspect, and, as a rule, in relation to specific countries or peoples. Taking into account the fact that in some post-Soviet states the rules of the customary law have remained and take effect even under the current conditions, there is a need to study people’s judgment on the basis of historical experience, taking into account the fact that there is no special scientific research on this subject. Paper objective. On the basis of studying the courts of customary law that existed in the territory of the post-Soviet states, to reveal their diversity, special features and peculiarities of formation and to analyze the contemporary forms of the aforementioned courts. Paper main body. The courts of customary law existed in various nations and nationalities since ancient times. The identity of one or another traditional court depended on such facts as the territorial location of the community, the level of economic and cultural development, type of religion, etc. In this paper the organization of the traditional justice of post-Soviet states in the second half of the XIX century was studied, when the basic territorial boundaries of the Russian Empire were formed. It is within these boundaries the peoples lived, who subsequently became Soviet republics, and then independent states. The main characteristic features of traditional courts that existed in the territory of post-Soviet states have been emphasized (1 judicial procedure was not regulated in detail; (2 the rules of the customary law (adat rules were the basis of the justice; (3 members of the court were competent persons of the community; (4 the court was common for all members of the community; (5 disputes were resolved through reconciliation of the parties; (6

  18. State Maternity/Parental Leave Laws. Facts on Working Women No. 90-1.

    Science.gov (United States)

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

    The status of state maternity/parental leave laws throughout the United States is depicted in eight figures and three tables. Information is reported by state for maternity/parental leave laws, months of available leave, maternity/family illness laws, days of leave for family illness, temporary disability insurance laws, temporary disability…

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

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2016-01-01

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

  20. 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...

  1. 31 CFR 50.24 - Applicability of State law requirements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Applicability of State law requirements. 50.24 Section 50.24 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Mandatory Availability § 50.24 Applicability of State law requirements. (a...

  2. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Science.gov (United States)

    2010-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will not preempt any other state law if the OTS, upon review, finds that the law: (1) Furthers a vital... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What State laws affecting deposits are not...

  3. 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...

  4. Mass transport and the bootstrap current from Ohm's law in steady-state tokamaks

    International Nuclear Information System (INIS)

    Kim, J.-S.; Greene, J.M.

    1989-01-01

    The consequences of mass conservation and Ohm's law are examined for steady state Tokamaks. In a Tokamak, magnetofluid-dynamic waves rapidly equilibrate pressure and toroidal field along magnetic surfaces. As a result, the detailed current distribution is determined by the flux surface averaged poloidal and toroidal currents. The electrons that carry the plasma current are impeded in their motion by interactions with ions, which is resistivity and its generalizations, and by interactions with electrons, which is viscosity and its generalizations. The important viscous terms arise from the interaction between trapped and untrapped electrons, and so viscosity acts by impeding poloidal current. properly chosen, the results of neoclassical theory are The neoclassical viscous coefficient is here regarded as less likely than Spitzer conductivity to be experimentally relevant in a turbulent Tokamak. Thus, the toroidal Ohm's law is regarded as being more reliable than the poloidal Ohm's law. A combination of toroidal and poloidal Ohm's law, namely the component parallel to the magnetic field, eliminates the influence of plasma fueling, and directly relates the bootstrap current and the pressure gradient. The latter is the usual relation, but, since i

  5. Sociodemographic Disparities in Local Smoke-Free Law Coverage in 10 States.

    Science.gov (United States)

    Huang, Jidong; King, Brian A; Babb, Stephen D; Xu, Xin; Hallett, Cynthia; Hopkins, Maggie

    2015-09-01

    We assessed sociodemographic disparities in local 100% smoke-free laws prohibiting smoking in all indoor areas of nonhospitality worksites, restaurants, and bars in 10 states. We obtained data on local 100% smoke-free laws (US Tobacco Control Laws Database) and subcounty characteristics (2006-2010 American Community Survey) for Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, North Dakota, South Carolina, Texas, and West Virginia. Outcomes included (1) 100% smoke-free law covering restaurants, bars, and workplaces; (2) 100% smoke-free law covering restaurants, bars, or workplaces; and (3) number of venue types covered by 100% smoke-free laws (0-3). Sociodemographics included total population, urban status, percentage racial/ethnic minority, per capita income, percentage with high-school diploma, percentage with blue-collar jobs, and percentage of workers who live and work in the same locality. Across states, localities with less-educated residents, smaller proportions of workers living and working in the same locality, or both generally had lower odds of being covered by 100% smoke-free laws. Coverage varied across states for other sociodemographics. Disparities exist in local smoke-free law coverage. Identifying patterns in coverage can inform state efforts to address related disparities.

  6. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  7. State Firearm Laws and Interstate Transfer of Guns in the USA, 2006-2016.

    Science.gov (United States)

    Collins, Tessa; Greenberg, Rachael; Siegel, Michael; Xuan, Ziming; Rothman, Emily F; Cronin, Shea W; Hemenway, David

    2018-06-01

    In a cross-sectional, panel study, we examined the relationship between state firearm laws and the extent of interstate transfer of guns, as measured by the percentage of crime guns recovered in a state and traced to an in-state source (as opposed to guns recovered in a state and traced to an out-of-state source). We used 2006-2016 data on state firearm laws obtained from a search of selected state statutes and 2006-2016 crime gun trace data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. We examined the relationship between state firearm laws and interstate transfer of guns using annual data from all 50 states during the period 2006-2016 and employing a two-way fixed effects model. The primary outcome variable was the percentage of crime guns recovered in a state that could be traced to an original point of purchase within that state as opposed to another state. The main exposure variables were eight specific state firearm laws pertaining to dealer licensing, sales restrictions, background checks, registration, prohibitors for firearm purchase, and straw purchase of guns. Four laws were independently associated with a significantly lower percentage of in-state guns: a waiting period for handgun purchase, permits required for firearm purchase, prohibition of firearm possession by people convicted of a violent misdemeanor, and a requirement for relinquishment of firearms when a person becomes disqualified from owning them. States with a higher number of gun laws had a lower percentage of traced guns to in-state dealers, with each increase of one in the total number of laws associated with a decrease of 1.6 percentage points in the proportion of recovered guns that were traced to an in-state as opposed to an out-of-state source. Based on an examination of the movement patterns of guns across states, the overall observed pattern of gun flow was out of states with weak gun laws and into states with strong gun laws. These findings indicate that certain

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

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

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

  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. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

    McNeil, T.L.; Torpy, M.F.

    1979-06-01

    Basic information about the water laws of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, and West Virginia is summarized. References to state laws and court decisions that may be useful in assessing the legal availability of water for energy development are provided. (MCW)

  11. State gun safe storage laws and child mortality due to firearms.

    Science.gov (United States)

    Cummings, P; Grossman, D C; Rivara, F P; Koepsell, T D

    1997-10-01

    Since 1989, several states have passed laws that make gun owners criminally liable if someone is injured because a child gains unsupervised access to a gun. These laws are controversial, and their effect on firearm-related injuries is unknown. To determine if state laws that require safe storage of firearms are associated with a reduction in child mortality due to firearms. An ecological study of firearm mortality from 1979 through 1994. All 50 states and the District of Columbia. All children younger than 15 years. Unintentional deaths, suicides, and homicides due to firearms. Laws that make gun owners responsible for storing firearms in a manner that makes them inaccessible to children were in effect for at least 1 year in 12 states from 1990 through 1994. Among children younger than 15 years, unintentional shooting deaths were reduced by 23% (95% confidence interval, 6%-37%) during the years covered by these laws. This estimate was based on within-state comparisons adjusted for national trends in unintentional firearm-related mortality. Gun-related homicide and suicide showed modest declines, but these were not statistically significant. State safe storage laws intended to make firearms less accessible to children appear to prevent unintentional shooting deaths among children younger than 15 years.

  12. 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.

  13. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

    ... local laws. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political... of the Plant Protection Act, the regulations in this part preempt all State and local laws and... 360.400 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH...

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

    Directory of Open Access Journals (Sweden)

    O. L. Yevmieshkina

    2016-03-01

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

  15. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  16. Obtaining patient test results from clinical laboratories: a survey of state law for pharmacists.

    Science.gov (United States)

    Witry, Matthew J; Doucette, William R

    2009-01-01

    To identify states with laws that restrict to whom clinical laboratories may release copies of laboratory test results and to describe how these laws may affect pharmacists' ability to obtain patient laboratory test results. Researchers examined state statutes and administrative codes for all 50 states and the District of Columbia at the University of Iowa Law Library between June and July 2007. Researchers also consulted with lawyers, state Clinical Laboratory Improvement Amendments officers, and law librarians. Laws relating to the study objective were analyzed. 34 jurisdictions do not restrict the release of laboratory test results, while 17 states have laws that restrict to whom clinical laboratories can send copies of test results. In these states, pharmacists will have to use alternative sources, such as physician offices, to obtain test results. Pharmacists must consider state law before requesting copies of laboratory test results from clinical laboratories. This may be an issue that state pharmacy associations can address to increase pharmacist access to important patient information.

  17. Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.

    Science.gov (United States)

    Bachhuber, Marcus A; Saloner, Brendan; Cunningham, Chinazo O; Barry, Colleen L

    2014-10-01

    Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. Presence of a law establishing a medical cannabis program in the state. Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P = .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to

  18. State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

    Science.gov (United States)

    Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

    2017-06-01

    In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

  19. Lawful Permanent Residents Fiscal Year 2015 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  20. Lawful Permanent Residents Fiscal Year 2011 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  1. Lawful Permanent Residents Fiscal Year 2016 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  2. Lawful Permanent Residents Fiscal Year 2014 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  3. The welfare state and Baumol's law

    DEFF Research Database (Denmark)

    Paldam, Martin

    The paper considers a two-sector economy with a constant population: The public sector, with stable productivity, and a private sector, with productivity growth. Baumol's law says that such an economy has no steady state. It is demonstrated what this means. Two attempts to uphold a policy...

  4. Modified Van der Waals equation and law of corresponding states

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

    It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

  5. Suicide Rates and State Laws Regulating Access and Exposure to Handguns.

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

    Using previous research, we examined the impact of 4 handgun laws (waiting periods, universal background checks, gun locks, and open carrying regulations) on suicide rates. We used publicly available databases to collect information on statewide laws, suicide rates, and demographic characteristics for 2013. Each law was associated with significantly lower firearm suicide rates and the proportion of suicides resulting from firearms. In addition, each law, except for that which required a waiting period, was associated with a lower overall suicide rate. Follow-up analyses showed a significant indirect effect on overall suicide rates through the proportion of suicides by firearms, indicating that the reduced overall suicide rate was attributable to fewer suicide attempts, fewer handguns in the home, suicide attempts using less lethal means, or a combination of these factors. States that implemented any of these laws saw a decreased suicide rate in subsequent years, whereas the only state that repealed 1 of these laws saw an increased suicide rate. Our results were supportive of a potentially vital role in suicide prevention for state legislation that limits access and exposure to handguns.

  6. Engaging Non-State Security Providers: Whither the Rule of Law?

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

    Full Text Available The primacy of the rule of law has long been seen as one of the essential principles of security sector reform (SSR programming, and part of the larger gospel of SSR is that the accountability of security providers is best guaranteed by embedding security governance within a rule of law framework. Acknowledging the reality of non-state security provision, however, presents a challenge to thinking about SSR as merely the extension of the rule of law into the security realm, in large part because whatever legitimacy non-state security providers possess tends to be grounded in 'extralegal' foundations. This paper – more conceptual than empirical in its approach – considers the implications of hybrid forms of security governance for thinking about the relationship between SSR and rule of law promotion, and argues that the rule of law still provides a useful source of strategic direction for SSR programming.

  7. Irreversible thermodynamics, parabolic law and self-similar state in grain growth

    International Nuclear Information System (INIS)

    Rios, P.R.

    2004-01-01

    The formalism of the thermodynamic theory of irreversible processes is applied to grain growth to investigate the nature of the self-similar state and its corresponding parabolic law. Grain growth does not reach a steady state in the sense that the entropy production remains constant. However, the entropy production can be written as a product of two factors: a scale factor that tends to zero for long times and a scaled entropy production. It is suggested that the parabolic law and the self-similar state may be associated with the minimum of this scaled entropy production. This result implies that the parabolic law and the self-similar state have a sound irreversible thermodynamical basis

  8. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

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

    Science.gov (United States)

    2010-02-05

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

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

    Directory of Open Access Journals (Sweden)

    Ayhan Dolunay

    2017-09-01

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

  11. 12 CFR Appendix C to Part 230 - Effect on State Laws

    Science.gov (United States)

    2010-01-01

    ... depository institution may not make disclosures using the inconsistent term or take actions relying on the...) Inconsistent Requirements State law requirements that are inconsistent with the requirements of the act and this part are preempted to the extent of the inconsistency. A state law is inconsistent if it requires...

  12. 45 CFR 211.5 - Action under State law; appointment of guardian.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Action under State law; appointment of guardian... Action under State law; appointment of guardian. Whenever an eligible person is incapable of giving his... appointment of a legal guardian, to ensure the proper planning for and provision of such care and treatment. ...

  13. State Fragility and Structural Gender Inequality in Family Law: An Empirical Investigation

    Directory of Open Access Journals (Sweden)

    Donna Lee Bowen

    2015-10-01

    Full Text Available In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within the society. We demonstrate empirically that states with inequitable family law also exhibit higher levels of state fragility. Using standard indicators of state stability and security, our empirical results show that the ability to predict levels of state stability and security is significantly enhanced by examining a measure of Inequity in Family Law in addition to more conventional explanatory variables such as literacy rate, level of democracy, and civilizational influence.

  14. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  15. 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.

  16. 49 CFR 24.208 - Aliens not lawfully present in the United States.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Aliens not lawfully present in the United States... Requirements § 24.208 Aliens not lawfully present in the United States. (a) Each person seeking relocation... of an individual, that he or she is either a citizen or national of the United States, or an alien...

  17. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

    Full Text Available This article examines one aspect of the possible influence of Aristotle on Spinoza's thinking of state laws and their limitations.  In the Nicomachean Ethics, the Stagirite sets out a theory of the just city based on appropriate geometrical proportioning of justice, but then proposes the hypothesis of the most excellent man: someone so virtuous that they cannot be bound by the city's laws and so must be banished or elevated to monarch.  The article investigates how Spinoza's own conceptions of geometry and metaphysics inform his view of justice and laws in the city.  It indicates how, in continuing to posit the virtuous as someone both with a higher form of cognition of law, but who must nevertheless live in the city, Spinoza is likely to have been confronted with Aristotle's 'problem of excellence'.  The article examines Spinoza's initial and strikingly modern solution to the problem, but also indicates how Spinoza's own thinking on metaphysics and genetic geometry pushes him beyond this 'answer' in his later political work.

  18. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

    The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

  19. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010

    Science.gov (United States)

    Bachhuber, Marcus A.; Saloner, Brendan; Cunningham, Chinazo O.; Barry, Colleen L.

    2015-01-01

    IMPORTANCE Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. OBJECTIVE To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. DESIGN, SETTING, AND PARTICIPANTS A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. EXPOSURES Presence of a law establishing a medical cannabis program in the state. MAIN OUTCOMES AND MEASURES Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. RESULTS Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (−19.9%; 95% CI, −30.6% to −7.7%; P = .002), year 2 (−25.2%; 95% CI, −40.6% to −5.9%; P = .01), year 3 (−23.6%; 95% CI, −41.1% to −1.0%; P = .04), year 4 (−20.2%; 95% CI, −33.6% to −4

  20. 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

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

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

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

  2. 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...

  3. PRIVATE LAW EFFECTS OF THE NON-RECOGNITION OF STATES' EXISTENCE AND TERRITORIAL CHANGES

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2015-07-01

    Full Text Available The study presents an outline of the effects in private law (including private international law of the non-recognition of a state or a change of territory. Specifically, it addresses the question of what measures can another state take, in the field of private law, in order to give effect to its policy of not recognizing a state or a territorial annexation, and, in parallel, what are the means available to private parties with links to the unrecognized state or territory. The study is structured in two parts, namely 1 the effects in private law of the non-recognition of a state; and 2 the effect in private law of the non-recognition of an annexation of territory. I will make specific references in particular to the situation in Transnistria and Crimea, as examples of the two issues being addressed. The study intends to be a guide of past and present state practice at the legislative and judicial level, as well as presenting the connections between instruments of public international law, such as Sanctions Resolutions of the UN Security Council, and normative instruments of private law, such as rules of civil procedure, which must adapt to the policy of non-recognition adopted by (or imposed on states. The study also presents specific examples of situations or administrative practices which create practical problems, and result from the existence of a non-recognized entity or change of territory: issues like air traffic coordination, postal traffic, the change in the official currency of a territory, questions of citizenship etc., the aim being to present the reader with a full picture of the issues and intricacies resulting from irregularities existing at the level of the international community of states.

  4. Toward a physics-based rate and state friction law for earthquake nucleation processes in fault zones with granular gouge

    Science.gov (United States)

    Ferdowsi, B.; Rubin, A. M.

    2017-12-01

    Numerical simulations of earthquake nucleation rely on constitutive rate and state evolution laws to model earthquake initiation and propagation processes. The response of different state evolution laws to large velocity increases is an important feature of these constitutive relations that can significantly change the style of earthquake nucleation in numerical models. However, currently there is not a rigorous understanding of the physical origins of the response of bare rock or gouge-filled fault zones to large velocity increases. This in turn hinders our ability to design physics-based friction laws that can appropriately describe those responses. We here argue that most fault zones form a granular gouge after an initial shearing phase and that it is the behavior of the gouge layer that controls the fault friction. We perform numerical experiments of a confined sheared granular gouge under a range of confining stresses and driving velocities relevant to fault zones and apply 1-3 order of magnitude velocity steps to explore dynamical behavior of the system from grain- to macro-scales. We compare our numerical observations with experimental data from biaxial double-direct-shear fault gouge experiments under equivalent loading and driving conditions. Our intention is to first investigate the degree to which these numerical experiments, with Hertzian normal and Coulomb friction laws at the grain-grain contact scale and without any time-dependent plasticity, can reproduce experimental fault gouge behavior. We next compare the behavior observed in numerical experiments with predictions of the Dieterich (Aging) and Ruina (Slip) friction laws. Finally, the numerical observations at the grain and meso-scales will be used for designing a rate and state evolution law that takes into account recent advances in rheology of granular systems, including local and non-local effects, for a wide range of shear rates and slow and fast deformation regimes of the fault gouge.

  5. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-02-29

    ... Judgments, and (2) Choice of Law in International Commercial Contracts The Office of the Assistant Legal..., which meets April 17-20. Choice of law in international commercial contracts: A working group composed...-binding principles relevant to the choice of law in international commercial contracts. The draft...

  6. State aid in the Austrian electricity industry law

    International Nuclear Information System (INIS)

    Rehulka, J.

    2009-01-01

    The present work deals with the existence of State aid in the Austrian electricity industry and focuses on three selected areas of the Austrian legal system, which are examined for their compatibility with Community law. Subject of the first part of this work is a representation of the article 87 ff Treaty of Rome and its impact on Austrian provisions on the promotion of electricity from renewable energies or on the promotion of cogeneration energy. In this context, the first principles of the European state aid law and in particular the European Court are presented regarding the existence of State aid. Here, the Rsp of the Court in connection with the use of State resources in the Rs PreussenElektra Stardust Marine and Pearle is paid in connection with para-fiscal levies special attention. The evaluation of the Austrian support model is based on PreussenElektra, Stardust Marine and Pearle. Then the system of green electricity production in Austria represented. In addition to the Community law principles (green power directive, frameworks and guidelines for environmental aid) is here in particular the 'Oekostromgesetz' and treated it's novellas. It is an intensive discussion with the Commission's decisions on the compatibility of the green power and CHP funding and the funding of the countries with state aid rules. As part of this analysis is to attempt a classification of the Commission's practice in the Community legal system. The second part of the work deals with the determination of absorbed. System utilization rates and their distribution to the network operator. After a presentation of the Community legislation (EC regulations, the internal electricity market directives) and Rsp of the European Court of Justice (Case ADBHu, Ferring, Altmark Trans) to services of general economic interest is first attempted to determine the presence of these services in the 216 Austrian legislation. Here, the question will be, entrusted with services of general economic

  7. A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs

    Science.gov (United States)

    2009-12-01

    This study reviewed each State statute regarding drug-impaired driving as of December 2008. There : is a high degree of variability across the States in the ways they approach drug-impaired driving. : Current laws in many States contain provisions ma...

  8. Summarizing Simulation Results using Causally-relevant States

    Science.gov (United States)

    Parikh, Nidhi; Marathe, Madhav; Swarup, Samarth

    2016-01-01

    As increasingly large-scale multiagent simulations are being implemented, new methods are becoming necessary to make sense of the results of these simulations. Even concisely summarizing the results of a given simulation run is a challenge. Here we pose this as the problem of simulation summarization: how to extract the causally-relevant descriptions of the trajectories of the agents in the simulation. We present a simple algorithm to compress agent trajectories through state space by identifying the state transitions which are relevant to determining the distribution of outcomes at the end of the simulation. We present a toy-example to illustrate the working of the algorithm, and then apply it to a complex simulation of a major disaster in an urban area. PMID:28042620

  9. Privacy of genetic information: a review of the laws in the United States.

    Science.gov (United States)

    Fuller, B; Ip, M

    2001-01-01

    This paper examines the privacy of genetic information and the laws in the United States designed to protect genetic privacy. While all 50 states have laws protecting the privacy of health information, there are many states that have additional laws that carve out additional protections specifically for genetic information. The majority of the individual states have enacted legislation to protect individuals from discrimination on the basis of genetic information, and most of this legislation also has provisions to protect the privacy of genetic information. On the Federal level, there has been no antidiscrimination or genetic privacy legislation. Secretary Donna Shalala of the Department of Health and Human Services has issued proposed regulations to protect the privacy of individually identifiable health information. These regulations encompass individually identifiable health information and do not make specific provisions for genetic information. The variety of laws regarding genetic privacy, some found in statutes to protect health information and some found in statutes to prevent genetic discrimination, presents challenges to those charged with administering and executing these laws.

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

    Science.gov (United States)

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

    2012-08-01

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

  11. Minors' rights to consent to treatment: navigating the complexity of State laws.

    Science.gov (United States)

    Vukadinovich, David M

    2004-01-01

    State laws recognize that a competent adult patient has the right to consent to or refuse medical treatment. While the law is clear with regard to the right of competent adults, state statutes are more complicated when the patient is a minor. While the law should, and does, attempt to balance the rights and obligations of parents and guardians against the access and privacy rights of minors, complicated state statutory schemes often fail to simultaneously address those contrasting goals in a consistent and uniform manner. The result is a confusing set of seemingly arbitrary and sometimes conflicting provisions that require the detailed attention of healthcare providers to ensure legal compliance. With the aim of helping healthcare practitioners meet their legal obligations, this Article examines state laws governing minor's consent rights byfocusing on the instances in which a minor's parent, guardian, or other authorized adult is permitted to consent to treatment on behalf of a minor and the instances in which a minor is authorized to act independent of adult intervention.

  12. Demographic profile of states with human cloning laws: morality policy meets political economy.

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

    This analysis seeks to identify factors that may shape the policy stance - whether restrictive or permissive - that each state in the United States with a human cloning law in place takes toward human therapeutic cloning. The investigation also considers if cloning policy is more the product of morality politics or political economy. Results show that among states with human cloning policies in place, those with a greater biotechnological capacity, more permissive abortion laws, fewer Evangelical Protestants, and higher political liberalism rankings are more likely to have permissive cloning laws. A higher Roman Catholic population is strongly associated with permissive cloning laws, rather than restrictive cloning laws as originally supposed. Factors with morality policy and economic bases were both found to be associated with cloning policy outcomes. Results suggest that morality policies, though distinct in some ways, do share determinants with public policies based on political economy.

  13. Radioactive waste management: a summary of state laws and adminstration. Revision 4

    International Nuclear Information System (INIS)

    1984-06-01

    This is the fourth update of Radioactive Waste Management: a summary of State Laws and Administration. It completely replaces the third update (January 15, 1984). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: cover page; administrative; legislative; and applicable legislation. In general, the information in this report is accurate as of April 30, 1984

  14. A Content Analysis of Protective Factors within States' Antibullying Laws

    Science.gov (United States)

    Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

    2013-01-01

    State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

  15. The legal aspects of expedited partner therapy practice: do state laws and policies really matter?

    Science.gov (United States)

    Cramer, Ryan; Leichliter, Jami S; Stenger, Mark R; Loosier, Penny S; Slive, Lauren

    2013-08-01

    Expedited partner therapy (EPT) is a potential partner treatment strategy. Significant efforts have been devoted to policies intended to facilitate its practice. However, few studies have attempted to evaluate these policies. We used data on interviewed gonorrhea cases from 12 sites in the STD Surveillance Network in 2010 (n = 3404). Patients reported whether they had received EPT. We coded state laws relevant to EPT for gonorrhea using Westlaw legal research database and the general legal status of EPT in STD Surveillance Network sites from Centers for Disease Control and Prevention's Web site in 2010. We also coded policy statements by medical and other boards. We used χ tests to compare receipt of EPT by legal/policy variables, patient characteristics, and provider type. Variables significant at P < 0.10 in bivariate analyses were included in a logistic regression model. Overall, 9.5% of 2564 interviewed patients with gonorrhea reported receiving EPT for their partners. Receipt of EPT was significantly higher where laws and policies authorizing EPT existed. Where EPT laws for gonorrhea existed and EPT was permissible, 13.3% of patients reported receiving EPT as compared with 5.4% where there were no EPT laws and EPT was permissible, and 1.0% where there were no EPT laws and EPT was potentially allowable (P < 0.01). Expedited partner therapy was higher where professional boards had policy statements supporting EPT (P < 0.01). Receipt of EPT did not differ by most patient characteristics or provider type. Policy-related findings were similar in adjusted analyses. Expedited partner therapy laws and policies were associated with higher reports of receipt of EPT among interviewed gonorrhea cases.

  16. State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

    Science.gov (United States)

    Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

    2011-06-01

    State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  17. Drug Per Se Laws: A Review of their Use in States

    Science.gov (United States)

    2010-07-01

    This report summarizes a study of the implementation of drug per se laws in 15 States. These laws generally make it an : impaired-driving offense to drive with a measurable amount of certain drugs in ones system. The specific prohibited : drugs va...

  18. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

    ... on consumer rights as part of its program on private international law. Three proposals have been put... DEPARTMENT OF STATE [Public Notice 6255] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law...

  19. 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.

  20. Weaker gun state laws are associated with higher rates of suicide secondary to firearms.

    Science.gov (United States)

    Alban, Rodrigo F; Nuño, Miriam; Ko, Ara; Barmparas, Galinos; Lewis, Azaria V; Margulies, Daniel R

    2018-01-01

    Firearm-related suicides comprise over two-thirds of gun-related violence in the United States, and gun laws and policies remain under scrutiny, with many advocating for revision of the regulatory map for lawful gun ownership, aiming at restricting access and distribution of these weapons. However, the quantitative relationship between how strict gun laws are and the incidence of firearm violence with their associated mortality is largely unknown. We therefore, sought to explore the impact of firearm law patterns among states on the incidence and outcomes of firearm-related suicide attempts, utilizing established objective criteria. The National Inpatient Sample for the years 1998-2011 was queried for all firearm-related suicides. Discharge facilities were stratified into five categories (A, B, C, D, and F, with A representing states with the most strict and F representing states with the least strict laws) based on the Brady Campaign to prevent Gun Violence that assigns scorecards for every state. The primary outcomes were suicide attempts and in-hospital mortality per 100,000 populations by Brady state grade. During the 14-year study period, 34,994 subjects met inclusion criteria. The mean age was 42.0 years and 80.1% were male. A handgun was utilized by 51.8% of patients. The overall mortality was 33.3%. Overall, 22.0% had reported psychoses and 19.3% reported depression. After adjusting for confounding factors and using group A as reference, there were higher adjusted odds for suicide attempts for patients admitted in group C, D, and F category states (1.73, 2.09, and 1.65, respectively, all P gun laws, and these injuries tend to be associated with a higher mortality. Efforts aimed at nationwide standardization of firearm state laws are warranted, particularly for young adults and suicide-prone populations. III. Trauma Outcomes study. Copyright © 2017 Elsevier Inc. All rights reserved.

  1. 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.

  2. Blinking in quantum dots: The origin of the grey state and power law statistics

    Science.gov (United States)

    Ye, Mao; Searson, Peter C.

    2011-09-01

    Quantum dot (QD) blinking is characterized by switching between an “on” state and an “off” state, and a power-law distribution of on and off times with exponents from 1.0 to 2.0. The origin of blinking behavior in QDs, however, has remained a mystery. Here we describe an energy-band model for QDs that captures the full range of blinking behavior reported in the literature and provides new insight into features such as the gray state, the power-law distribution of on and off times, and the power-law exponents.

  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. Infectious disease-related laws: prevention and control measures

    Directory of Open Access Journals (Sweden)

    Mijeong Park

    2017-07-01

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

  5. Nuclear Law Bulletin No. 97. Volume 2016/1

    International Nuclear Information System (INIS)

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

    2016-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Nuclear third party liability in Germany' and 'Towards nuclear disarmament: State of affairs in the international legal framework'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  6. 24 CFR 3500.13 - Relation to State laws.

    Science.gov (United States)

    2010-04-01

    .... (1) The Secretary may not determine that a State law or regulation is inconsistent with any provision... affiliated business arrangements are inconsistent with RESPA or this part, the Secretary may not construe... that are inconsistent with RESPA or this part are preempted to the extent of the inconsistency. However...

  7. State Security Breach Response Laws: State-by-State Summary Table. Using Data to Improve Education: A Legal Reference Guide to Protecting Student Privacy and Data Security

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    Under security breach response laws, businesses--and sometimes state and governmental agencies--are required to inform individuals when the security, confidentiality or integrity of their personal information has been compromised. This resource provides a state-by-state analysis of security breach response laws. [The Data Quality Campaign has…

  8. The Dynamics of Marriage Law and Custom in the United States

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Wilson Whetmore

    2013-02-01

    Full Text Available This article examines changes in marriage laws and related cultural norms and values in the United States across the last several decades, and discusses correlating worldview shifts. It appears that the “traditional” worldview produced earlier laws, cultural norms and values, and changes to these have corresponded with a cultural worldview shift, first into “modernism” and then towards “postmodernism.” The implications of these worldview shifts for ongoing change to marriage law and custom are also analyzed.

  9. Handbook on Nuclear Law: Implementing Legislation (Spanish Edition)

    International Nuclear Information System (INIS)

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

    2012-01-01

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

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

    Science.gov (United States)

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

    2017-12-01

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

  11. 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

  12. Falling short: how state laws can address health information exchange barriers and enablers.

    Science.gov (United States)

    Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

    2018-06-01

    Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

  13. Case law: Canada, France, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    Canada: Appellate decision upholding nuclear regulatory licensing process and practices for consultation with aboriginal groups: Fond du Lac Denesuline First Nation v. Canada (Attorney General). France: Court of Appeal of Nimes regarding the SOCATRI incident in July 2008; Conseil d'Etat regarding the association Reseau 'Sortir du nucleaire'. Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Ltd on the repeal of the time limitation with respect to the operating licence for the Muehleberg nuclear power plant. United States: Judgement of a US District Court granting a permanent injunction against the State of Vermont in order to prevent certain State laws from prohibiting Vermont Yankee nuclear power plant's continued operation

  14. Non-state actors in control of territory as 'actors of protection' in international refugee law

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

    This article examines the concept of non-state ‘actors of protection’ in international refugee law. This concept breaks with traditional State-centric readings of international law, as it connotes that a non-state actor may offer ‘protection’ against persecution, comparable to that normally offered

  15. Comparing Interval Management Control Laws for Steady-State Errors and String Stability

    Science.gov (United States)

    Weitz, Lesley A.; Swieringa, Kurt A.

    2018-01-01

    Interval Management (IM) is a future airborne spacing concept that leverages avionics to provide speed guidance to an aircraft to achieve and maintain a specified spacing interval from another aircraft. The design of a speed control law to achieve the spacing goal is a key aspect in the research and development of the IM concept. In this paper, two control laws that are used in much of the contemporary IM research are analyzed and compared to characterize steady-state errors and string stability. Numerical results are used to illustrate how the choice of control laws gains impacts the size of steady-state errors and string performance and the potential trade-offs between those performance characteristics.

  16. 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

  17. [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.

  18. State laws prohibiting sales to minors and indoor use of electronic nicotine delivery systems--United States, November 2014.

    Science.gov (United States)

    Marynak, Kristy; Holmes, Carissa Baker; King, Brian A; Promoff, Gabbi; Bunnell, Rebecca; McAfee, Timothy

    2014-12-12

    Electronic nicotine delivery systems (ENDS), including electronic cigarettes (e-cigarettes) and other devices such as electronic hookahs, electronic cigars, and vape pens, are battery-powered devices capable of delivering aerosolized nicotine and additives to the user. Experimentation with and current use of e-cigarettes has risen sharply among youths and adults in the United States. Youth access to and use of ENDS is of particular concern given the potential adverse effects of nicotine on adolescent brain development. Additionally, ENDS use in public indoor areas might passively expose bystanders (e.g., children, pregnant women, and other nontobacco users) to nicotine and other potentially harmful constituents. ENDS use could have the potential to renormalize tobacco use and complicate enforcement of smoke-free policies. State governments can regulate the sales of ENDS and their use in indoor areas where nonusers might be involuntarily exposed to secondhand aerosol. To learn the current status of state laws regulating the sales and use of ENDS, CDC assessed state laws that prohibit ENDS sales to minors and laws that include ENDS use in conventional smoking prohibitions in indoor areas of private worksites, restaurants, and bars. Findings indicate that as of November 30, 2014, 40 states prohibited ENDS sales to minors, but only three states prohibited ENDS use in private worksites, restaurants, and bars. Of the 40 states that prohibited ENDS sales to minors, 21 did not prohibit ENDS use or conventional smoking in private worksites, restaurants, and bars. Three states had no statewide laws prohibiting ENDS sales to minors and no statewide laws prohibiting ENDS use or conventional smoking in private worksites, restaurants, and bars. According to the Surgeon General, ENDS have the potential for public health harm or public health benefit. The possibility of public health benefit from ENDS could arise only if 1) current smokers use these devices to switch completely

  19. State laws and the provision of family planning and abortion services in 1985.

    Science.gov (United States)

    Sollom, T; Donovan, P

    1985-01-01

    65 laws relating to fertility were enacted by the 49 state legislatures that held sessions in 1985. This was the largest enacted since 1973, and the 2nd largest total since. Some of the 1985 abortion laws are designed to protect abortion rights. Several states in the US took action to severely punish the perpetrators of violence against abortion clinics. Lesislation dealing with the delivery of family planning services was subjected to public funding restrictions in 1985. Attempts have been made recently on the federal level to prevent Title X recipients from being provided with information on abortion in their pregnancy counseling sessions. These actions are similar to some of the state laws attempting to reach the same end. Many states included funds for family planning in general appropriations bills. Differences among legislators regarding the right of minors to consent to reproductive health care have led to 2 patterns of response: 1) affirmation of the right of minors to receive family planning services on their own consent; or 2) laws mandating parental involvement in a minor's abortion decision. The most troubling aspect of the fertility related legislation endated in 1985 is the effort by a number of legislatures to attach restrictions on abortion counseling and referral to family planning appropriations bills. In 1985, state laws were enacted to regulate the disposal of fetal remains, to prohibit the use of fetal remains for commercial purposes and to impose criminal sanctions for causing the miscarriage of a fetus during a felony.

  20. Radioactive waste management: a summary of state laws and administration. Revision 3

    International Nuclear Information System (INIS)

    1984-02-01

    This is the third update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the second update (15 July 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. In general, the information in this report is accurate as of January 1, 1984

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

    Science.gov (United States)

    Ziebarth, Todd; Palmer, Louann Bierlein

    2018-01-01

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

  2. 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...

  3. Statutory Requirements of Teacher Contract Laws: A Comparison of the 50 States' Continuing Contract and Teacher Tenure Laws.

    Science.gov (United States)

    Gorkom, Kris Van

    This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…

  4. Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws.

    Science.gov (United States)

    Chimonas, Susan; Rozario, Natassia M; Rothman, David J

    2010-02-01

    To assess legislation requiring drug companies to report gifts to providers, and to evaluate the information obtained. Data included legislation in Vermont, Minnesota, Maine, Massachusetts, West Virginia, and the District of Columbia, and company disclosure data from Vermont. We evaluated the strengths and weaknesses of state legislation. We also analyzed 4 years of company disclosures from Vermont, assessing the value and distribution of industry-provider exchanges and identifying emerging trends in companies' practices. State legislation is publically available. We obtained Vermont's data through requests to the state's Attorney General's office. Of the state laws, only Vermont's yielded robust, publically available data. These data show gifting was dominated by a few major corporations, and Companies were especially generous to specialists in psychiatry, endocrinology/diabetes/metabolism, internal medicine, and neurology. Companies increasingly used loopholes in the law to avoid public scrutiny. Disclosure laws are an important first step in bringing greater transparency to physician-industry relationships. But flaws and weaknesses limit the states' ability to render physician-industry exchanges fully transparent. Future efforts should build on these lessons to render physician-industry relationships fully transparent.

  5. Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

    Science.gov (United States)

    Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

    2017-03-01

    Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

  6. 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

  7. 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...

  8. 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

  9. Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

    Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers…

  10. The Education of Law Librarians in the United States from the Library School Perspective

    Science.gov (United States)

    Jaeger, Paul T.; Gorham, Ursula

    2017-01-01

    In the United States, the occupation of law librarianship has existed longer than the American Library Association, and law librarians have their own professional organization that is now more than 100 years old. Throughout this history, however, the related issues of degree requirements and education standards for law librarians have been…

  11. The Development of Customary International Law by International Organizations

    DEFF Research Database (Denmark)

    Odermatt, Jed

    2017-01-01

    In his Fourth Report on the Identification of Customary International Law (2016), Special Rapporteur Michael Wood confirmed that ‘[i]n certain cases, the practice of international organizations also contributes to the expression, or creation, of rules of customary international law.......’ That the practice of international organizations can be relevant when identifying customary international law is relatively uncontroversial. The practice of states within international organizations such as the UN General Assembly, for example, may contribute to the development of custom. Yet, there is little...... discussion about whether and how the practice of international organizations as such may contribute to the development of customary international law. This contribution discusses the organization that is the most capable of contributing to the development of customary international law in its own right...

  12. 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.

  13. 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

  14. 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.…

  15. State aid for the adequacy of production in EU competition law

    OpenAIRE

    Domazet, Siniša

    2017-01-01

    State aid is essentially inadmissible in EU competition law. The paper deals with state aid for the adequacy of production. Research has shown that if the conditions contained in the guidelines on state aid for environmental protection and energy for the period 2014-2020 are fulfilled, this form of state aid will be permitted. It has been established that there is no practice of the European Commission in connection with this form of state aid. Recommendation to the Member States is to carry ...

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

    Science.gov (United States)

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

    2009-01-01

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

  17. 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.

  18. POLITIK HUKUM DALAM PUTUSAN HAKIM (The Politic of Law in a Verdict

    Directory of Open Access Journals (Sweden)

    Teguh Satya Bhakti

    2016-03-01

      A law (written law was never full, clear and complete set of community life, so it is always lagging behind follows the development of society. To keep abreast of it, the law should always be developed in order to remain update and relevant to the times. Implementation and development of legislation going through the verdict (jurisprudence in the judicial process. In other words, jurisprudence intended as legal development, to meet the legal needs of justice seeker. Implementation of the functions of law enforcement and justice as well as the function of legal discovery (rechtsvinding embodied in a verdict (jurisprudence, should refer to Pancasila as the norm of fundamental state (staatsfundamentalnorm or wisdom / genius of the national (national wisdom / national genius and 1945 as the basic law of the state, so that the decision reflects the sense of justice of the nation and the people of Indonesia as well. It declares a political manifestation of the law in a verdict.

  19. Authority of Pharmacists to Administer Human Papillomavirus Vaccine: Alignment of State Laws With Age-Level Recommendations.

    Science.gov (United States)

    Dingman, Deirdre A; Schmit, Cason D

    One strategy to increase the uptake of human papillomavirus (HPV) vaccine among adolescents is through the use of pharmacists. Our objectives were to (1) use a publicly available database to describe the statutory and regulatory authority of pharmacists to administer the HPV vaccine in the United States and (2) discuss how the current status of laws may influence achievement of the Healthy People 2020 goal of 80% HPV vaccination rate for teenagers aged 13-15. Using information from the Centers for Disease Control and Prevention's (CDC's) Public Health Law Program database, we identified state laws in effect as of January 1, 2016, giving pharmacists authority to administer vaccines. We used a standardized analysis algorithm to determine whether states' laws (1) authorized pharmacists to administer HPV vaccine, (2) required third-party authorization for pharmacist administration, and (3) restricted HPV vaccine administration by pharmacists to certain patient age groups. Of 50 states and the District of Columbia, 40 had laws expressly granting pharmacists authority to administer HPV vaccine to patients, but only 22 had laws that authorized pharmacists to vaccinate preadolescents aged 11 or 12 (ie, the CDC-recommended age group). Pharmacists were granted prescriptive authority by 5 states, and they were given authority pursuant to general (non-patient-specific) third-party authorization (eg, a licensed health care provider) by 32 states or patient-specific third-party authorization by 3 states. Most states permitted pharmacists to administer HPV vaccines only to boys and girls older than 11 or 12, which may hinder achievement of the Healthy People 2020 goal for HPV vaccination. Efforts should be made to strengthen the role of pharmacists in addressing this public health issue.

  20. A Physics-Based Rock Friction Constitutive Law: Steady State Friction

    Science.gov (United States)

    Aharonov, Einat; Scholz, Christopher H.

    2018-02-01

    Experiments measuring friction over a wide range of sliding velocities find that the value of the friction coefficient varies widely: friction is high and behaves according to the rate and state constitutive law during slow sliding, yet markedly weakens as the sliding velocity approaches seismic slip speeds. We introduce a physics-based theory to explain this behavior. Using conventional microphysics of creep, we calculate the velocity and temperature dependence of contact stresses during sliding, including the thermal effects of shear heating. Contacts are assumed to reach a coupled thermal and mechanical steady state, and friction is calculated for steady sliding. Results from theory provide good quantitative agreement with reported experimental results for quartz and granite friction over 11 orders of magnitude in velocity. The new model elucidates the physics of friction and predicts the connection between friction laws to independently determined material parameters. It predicts four frictional regimes as function of slip rate: at slow velocity friction is either velocity strengthening or weakening, depending on material parameters, and follows the rate and state friction law. Differences between surface and volume activation energies are the main control on velocity dependence. At intermediate velocity, for some material parameters, a distinct velocity strengthening regime emerges. At fast sliding, shear heating produces thermal softening of friction. At the fastest sliding, melting causes further weakening. This theory, with its four frictional regimes, fits well previously published experimental results under low temperature and normal stress.

  1. Efficacy of a physician's words of empathy: an overview of state apology laws.

    Science.gov (United States)

    Saitta, Nicole; Hodge, Samuel D

    2012-05-01

    Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.

  2. The threat in Iran and United States of America criminal law

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

    Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

  3. 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.

  4. 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...

  5. Review and Analysis of Laws Related to Strangulation in 50 States

    Science.gov (United States)

    Laughon, Kathryn; Glass, Nancy; Worrell, Claude

    2009-01-01

    Nonlethal strangulation of intimate partners has substantial direct health effects and is associated with an increased risk of later lethal violence by a partner or ex-intimate partner but can be difficult to prosecute under felony assault statutes. After review of state laws regarding assault, the authors identified 10 states with specific…

  6. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary

  7. Stuck in Neutral: Stalled Progress in Statewide Comprehensive Smoke-Free Laws and Cigarette Excise Taxes, United States, 2000–2014

    Science.gov (United States)

    King, Brian A.; Babb, Stephen D.

    2016-01-01

    Introduction Increasing tobacco excise taxes and implementing comprehensive smoke-free laws are two of the most effective population-level strategies to reduce tobacco use, prevent tobacco use initiation, and protect nonsmokers from secondhand smoke. We examined state laws related to smoke-free buildings and to cigarette excise taxes from 2000 through 2014 to see how implementation of these laws from 2000 through 2009 differs from implementation in more recent years (2010–2014). Methods We used legislative data from LexisNexis, an online legal research database, to examine changes in statewide smoke-free laws and cigarette excise taxes in effect from January 1, 2000, through December 31, 2014. A comprehensive smoke-free law was defined as a statewide law prohibiting smoking in all indoor areas of private work sites, restaurants, and bars. Results From 2000 through 2009, 21 states and the District of Columbia implemented comprehensive smoke-free laws prohibiting smoking in work sites, restaurants, and bars. In 2010, 4 states implemented comprehensive smoke-free laws. The last state to implement a comprehensive smoke-free law was North Dakota in 2012, bringing the total number to 26 states and the District of Columbia. From 2000 through 2009, 46 states and the District of Columbia implemented laws increasing their cigarette excise tax, which increased the national average state excise tax rate by $0.92. However, from 2010 through 2014, only 14 states and the District of Columbia increased their excise tax, which increased the national average state excise tax rate by $0.20. Conclusion The recent stall in progress in enacting and implementing statewide comprehensive smoke-free laws and increasing cigarette excise taxes may undermine tobacco prevention and control efforts in the United States, undercutting efforts to reduce tobacco use, exposure to secondhand smoke, health disparities, and tobacco-related illness and death. PMID:27309417

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

    Science.gov (United States)

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

    2014-05-01

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

  9. 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

  10. State review United States of America. Risks and risk assessment according to the law of the United States of America

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1980-01-01

    In the chapter 'Risk Assessment in Atomic Energy Law of the United States' of this report you find among other things the Atomic Energy Act, the approval conditions, General Design Criteria for Nuclear Power Plants, the defense-in-depth concept, probabilistic safety studies, probabilistic probability assessments in the case of external influences onto nuclear power plants, quantitative analyses of the consequences of conceivable accidents, reduction of radiation exposure, the National Environmental Policy Act, the environmental compatibility declaration, the so-called residual risk under the environmental aspect, the classification of the accidents into 9 types, new developments concerning accident analysis, effects of the nuclear fuel cycle on environment, indicial decisions. The chapter about 'Risk Assessment in Civil Law, Criminal Law and Law on Protection of the Environment', deals among other things with the Law on nuisance, the Clean Air Act, the Federal Environmental Pesticide Control Act. In 'Problems of the Cost-Efficiency-Analysis' the significance and purpose of this analysis, the availability of data and information, the monetary quantification of risks and costs, alternatives and the danger of misuse are illustrated. (HSCH) [de

  11. 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

  12. A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

    Science.gov (United States)

    Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

    2018-03-01

    To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

  13. The flaws in state 'apology' and 'disclosure' laws dilute their intended impact on malpractice suits.

    Science.gov (United States)

    Mastroianni, Anna C; Mello, Michelle M; Sommer, Shannon; Hardy, Mary; Gallagher, Thomas H

    2010-09-01

    Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings. These may actually discourage comprehensive disclosures and apologies and weaken the laws' impact on malpractice suits. Many could be resolved by improved statutory design and communication of new legal requirements and protections.

  14. Managing crime through migration law in Australia and the United States: a comparative analysis.

    Science.gov (United States)

    Hoang, Khanh; Reich, Sudrishti

    2017-01-01

    This article examines the intertwining of migration law and criminal law - termed 'crimmigration' by scholars - in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of 'risk management'. Drawing on the experience of the United States - where such a 'risk management' approach is entrenched - we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.

  15. 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

  16. Competition in energy markets - law and regulation in the European Union

    International Nuclear Information System (INIS)

    Cameron, Peter Duncanson; Brothwood, Michael

    2002-03-01

    Analysis of the origins, aims and implementation of the EU energy directives is essential to an understanding of the emerging internal market in energy in the European Union. This book provides a detailed and practical account of the legislation and the various developments in the Member States that are leading to a competitive energy market for the first time. It explains the legislation, EU case law and the relevant national laws, regulations and competence of the enforcing authorities. (Author)

  17. 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.

  18. State all-driver distracted driving laws and high school students'  texting while driving behavior.

    Science.gov (United States)

    Qiao, Nan; Bell, Teresa Maria

    2016-01-01

    Texting while driving is highly prevalent among adolescents and young adults in the United States. Texting while driving can significantly increase the risk of road crashes and is associated with other risky driving behaviors. Most states have enacted distracted driving laws to prohibit texting while driving. This study examines effects of different all-driver distracted driving laws on texting while driving among high school students. High school student data were extracted from the 2013 National Youth Risk Behavior Survey. Distracted driving law information was collected from the National Conference of State Legislatures. The final sample included 6,168 high school students above the restricted driving age in their states and with access to a vehicle. Logistic regression was applied to estimate odds ratios of laws on texting while driving. All-driver text messaging bans with primary enforcement were associated with a significant reduction in odds of texting while driving among high school students (odds ratio = 0.703; 95% confidence interval, 0.513-0.964), whereas all-driver phone use bans with primary enforcement did not have a significant association with texting while driving (odds ratio = 0.846; 95% confidence interval, 0.501-1.429). The findings indicate that all-driver distracted driving laws that specifically target texting while driving as opposed to all types of phone use are effective in reducing the behavior among high school students.

  19. Making solar laws work: a study of state solar energy incentives

    Energy Technology Data Exchange (ETDEWEB)

    Roessner, J.D.

    1980-11-01

    The results of a research investigation of solar financial and research, demonstration, and development (RD and D) incentive programs in 18 states are summarized. The investigation focuses upon implementation - the organization and administrative processes required to convert a law into a viable program. Eleven financial and 12 RD and D programs were investigated. Results indicate that four conditions are common to successful implementation of both types of incentive programs: the opportunity to use solar energy as a heating source; characteristics of the agency selected to complement the law; involvement of outside groups in program implementation; and the specificity of guidance given to those responsible for implementation. Other conditions specific to the implementation of each type of program are discussed as well as the implications of these findings for state and federal policy makers.

  20. The Paramountcy of EU Law Over National Law The Extent to which Lyon’s Statements Reflect on the Relationship between EU and Domestic Law within the UK and Candidate States such as Albania

    Directory of Open Access Journals (Sweden)

    Erbi Ago

    2015-03-01

    Full Text Available As we live in a world that is becoming ever more globalized, it is unavoidable to consider the effect supranational entities and globalization itself have on the national sovereignty of the state. The EU is probably the most well-known example of a supranational entity and as such it cannot help but bring about a number of sides regarding its power over its members. There are many that would claim the EU has undermined national sovereignty, especially when it comes to the legal sphere. The issue at hand has been addressed by scholars such as Dr. Anne Lyon and this paper is a direct analysis of her statement regarding paramountcy. In summation, Lyon has stated that EU law has undermined national law. This has happened due to a number of reasons, one of which is the passing of a parliamentary Act intending to prioritize EU law. At this point, shall they need to provide otherwise, it is quite an argument to claim whether they could give effect to national law instead. Therefore, it has become necessary to consider the extent to which these statements reflect the relationship between EU law and ‘domestic’ laws within the UK and try and apply to the legal future of candidate states, such as Albania. This paper analyzes the two parts of Lyon’s argument, namely the paramountcy and parliamentary aspects of the issue, while also aiming to provide a framework on which future candidate states such as Albania can work on in order to achieve a more efficient assimilation into the EU legal system together with the forewarnings necessary shall they wish the opposite.

  1. The Passing on Defence Aviated Into State Aid Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2015-01-01

    to the low level of taxation, contested the Commission’s calculation of the amount to be recovered. The General Court found for the applicants and stated that the Commission should limit itself to ordering recovery of the advantage actually retained by the airlines, taking into account the competitive...... law, making it appealing from a perspective of coherence in the EU legal system....

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

    Science.gov (United States)

    Puhl, Rebecca M; Heuer, Chelsea A

    2011-01-01

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

  4. 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.

  5. 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.

  6. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

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

  7. 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.

  8. Survey of state water laws affecting coal slurry pipeline development

    Energy Technology Data Exchange (ETDEWEB)

    Rogozen, M.B.

    1980-11-01

    This report summarizes state water laws likely to affect the development of coal slurry pipelines. It was prepared as part of a project to analyze environmental issues related to energy transportation systems. Coal slurry pipelines have been proposed as a means to expand the existing transportation system to handle the increasing coal shipments that will be required in the future. The availability of water for use in coal slurry systems in the coal-producing states is an issue of major concern.

  9. 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

  10. Floquet states of a kicked particle in a singular potential: Exponential and power-law profiles

    Science.gov (United States)

    Paul, Sanku; Santhanam, M. S.

    2018-03-01

    It is well known that, in the chaotic regime, all the Floquet states of kicked rotor system display an exponential profile resulting from dynamical localization. If the kicked rotor is placed in an additional stationary infinite potential well, its Floquet states display power-law profile. It has also been suggested in general that the Floquet states of periodically kicked systems with singularities in the potential would have power-law profile. In this work, we study the Floquet states of a kicked particle in finite potential barrier. By varying the height of finite potential barrier, the nature of transition in the Floquet state from exponential to power-law decay profile is studied. We map this system to a tight-binding model and show that the nature of decay profile depends on energy band spanned by the Floquet states (in unperturbed basis) relative to the potential height. This property can also be inferred from the statistics of Floquet eigenvalues and eigenvectors. This leads to an unusual scenario in which the level spacing distribution, as a window in to the spectral correlations, is not a unique characteristic for the entire system.

  11. Protocol: mixed-methods study to evaluate implementation, enforcement, and outcomes of U.S. state laws intended to curb high-risk opioid prescribing.

    Science.gov (United States)

    McGinty, Emma E; Stuart, Elizabeth A; Caleb Alexander, G; Barry, Colleen L; Bicket, Mark C; Rutkow, Lainie

    2018-02-26

    The U.S. opioid epidemic has been driven by the high volume of opioids prescribed by healthcare providers. U.S. states have recently enacted four types of laws designed to curb high-risk prescribing practices, such as high-dose and long-term opioid prescribing, associated with opioid-related mortality: (1) mandatory Prescription Drug Monitoring Program (PDMP) enrollment laws, which require prescribers to enroll in their state's PDMP, an electronic database of patients' controlled substance prescriptions, (2) mandatory PDMP query laws, which require prescribers to query the PDMP prior to prescribing an opioid, (3) opioid prescribing cap laws, which limit the dose and/or duration of opioid prescriptions, and (4) pill mill laws, which strictly regulate pain clinics to prevent nonmedical opioid prescribing. Some pain experts have expressed concern that these laws could negatively affect pain management among patients with chronic non-cancer pain. This paper describes the protocol for a mixed-methods study analyzing the independent effects of these four types of laws on opioid prescribing patterns and chronic non-cancer pain treatment, accounting for variation in implementation and enforcement of laws across states. Many states have enacted multiple opioid prescribing laws at or around the same time. To overcome this issue, our study focuses on 18 treatment states that each enacted a single law of interest, and no other potentially confounding laws, over a 4-year period (2 years pre-/post-law). Qualitative interviews with key leaders in each of the 18 treatment states will characterize the timing, scope, and strength of each state law's implementation and enforcement. This information will inform the design and interpretation of synthetic control models analyzing the effects of each of the two types of laws on two sets of outcomes: measures of (1) high-risk opioid prescribing and (2) non-opioid treatments for chronic non-cancer pain. Study of mandatory PDMP enrollment

  12. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2012-08-30

    ... Choice of Court Agreements; international contract law; developments in major PIL organizations... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

  13. The Course of Law: State Intervention in Southern Lynch Mob Violence 1882–1930

    Directory of Open Access Journals (Sweden)

    Kinga Makovi

    2016-09-01

    Full Text Available Collective violence when framed by its perpetrators as "citizen" justice is inherently a challenge to state legitimacy. To properly account for such violence, it is necessary to consider an opportunity structure incorporating the actions of both vigilantes and agents of the state. The motivation and lethality of lynch mobs in the South cannot be understood without considering how the state reacted to the legitimacy challenges posed by lynching. We trace the shifting orientation of state agents to lynching attempts between the end of Reconstruction and the start of the Great Depression. Analyzing an inventory of more than 1,000 averted and completed lynching events in three Southern states, we model geographic and temporal patterns in the determinants of mob formation, state intervention, and intervention success. Opponents of lynching often pled with mobs to "let the law take its course." This article examines the course followed by the law itself, as state actors moved between encouraging, accommodating, and in many instances averting mob violence.

  14. Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

    Science.gov (United States)

    Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

    2015-06-01

    High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  15. Smoke-free law associated with higher-than-expected taxable retail sales for bars and taverns in Washington State.

    Science.gov (United States)

    Boles, Myde; Dilley, Julia; Maher, Julie E; Boysun, Michael J; Reid, Terry

    2010-07-01

    Continued progress in implementing smoke-free laws throughout the United States would benefit from documenting positive economic effects, particularly for the hospitality industry. This study describes changes in sales revenue in bars and taverns since December 2005, when a statewide smoke-free law in Washington State went into effect. Using 24 quarters of inflation-adjusted taxable retail sales data from 2002 through 2007, we fitted a regression model to estimate the effect of the smoke-free law on sales revenue, controlling for seasonality and other economic factors. We found no immediate change in bar revenues in the first quarter of 2006, but taxable retail sales grew significantly through the fourth quarter of 2007. In the 2 years after the smoke-free law was implemented, sales revenues were $105.5 million higher than expected for bars and taverns in Washington State. The higher-than-expected revenue from taxable sales in bars and taverns after the implementation of smoke-free laws in Washington State provided extra funds to the state general fund. Potential increases in revenue in other jurisdictions that implement smoke-free indoor air policies could provide funds to benefit residents of those jurisdictions.

  16. 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.

  17. 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

  18. Population support before and after the implementation of smoke-free laws in the United States: trends from 1992-2007.

    Science.gov (United States)

    Nagelhout, Gera E; Wolfson, Tanya; Zhuang, Yue-Lin; Gamst, Anthony; Willemsen, Marc C; Zhu, Shu-Hong

    2015-03-01

    Several states implemented comprehensive smoke-free laws in workplaces (14 states), restaurants (17 states), and bars (13 states) between 2002 and 2007. We tested the hypothesis that public support for smoke-free laws increases at a higher rate in states that implemented smoke-free laws between 2002 and 2007 (group A) than in states that implemented smoke-free laws after that time or not at all (group B). The period before the implementation (1992-2001) was also considered. Data was used from the Current Population Survey (CPS) Tobacco Use Supplements (TUS), which is representative for the U.S. adult population. Respondents were asked whether they thought smoking should not be allowed in indoor work areas, restaurants, and bars and cocktail lounges. Differences in trends were analyzed with binomial mixed effects models. Population support for smoke-free restaurants and bars was higher among group A than among group B before 2002. After 2002, support for smoke-free restaurants and bars increased at a higher rate among group A than among group B. Population support for smoke-free workplaces did not differ between group A and B, and the increase in support for smoke-free workplaces also did not differ between these groups. The positive association between the implementation of smoke-free restaurant and bar laws and the rate of increase in support for these laws partly supported the hypothesis. The implementation of the laws may have caused support to increase, but also states that have higher support may have been more likely to implement smoke-free laws. © The Author 2014. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  19. 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

  20. 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

  1. Relationship between licensing, registration, and other gun sales laws and the source state of crime guns.

    Science.gov (United States)

    Webster, D W; Vernick, J S; Hepburn, L M

    2001-09-01

    To determine the association between licensing and registration of firearm sales and an indicator of gun availability to criminals. Tracing data on all crime guns recovered in 25 cities in the United States were used to estimate the relationship between state gun law categories and the proportion of crime guns first sold by in-state gun dealers. In cities located in states with both mandatory registration and licensing systems (five cities), a mean of 33.7% of crime guns were first sold by in-state gun dealers, compared with 72.7% in cities that had either registration or licensing but not both (seven cities), and 84.2% in cities without registration or licensing (13 cites). Little of the difference between cities with both licensing and registration and cities with neither licensing nor registration was explained by potential confounders. The share of the population near a city that resides in a neighboring state without licensing or registration laws was negatively associated with the outcome. States with registration and licensing systems appear to do a better job than other states of keeping guns initially sold within the state from being recovered in crimes. Proximity to states without these laws, however, may limit their impact.

  2. Fire and Water Make Steam - Redefining the Role of Competition Law in TRIPS

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    2011-01-01

    The paper points out the relevance of competition law to international issues of Intellectual Property Law (IPR) and demonstrates how competition law internationally has come to function as an indispensable instrument to balance IPR. The perspective is international and focused on TRIPS. The rules...... in TRIPS which define the obligations of member states to protect rightholders are detailed, comprehensive, and aimed at a high level of protection. The few rules in the Treaty which deals with competition law and the role of competition as a balancing instrument to IPR are weak and imprecise....... This disparity does not reflect the conclusion in national law where it is now generally acknowledged that IPR and competition law serve the same goal, viz. dynamic efficiency and consumer welfare and where competition law has come to function as a second tier of balancing norms. The paper claims...

  3. Fire and Water Make Steam - Redefining the Role of Competition Law in TRIPS

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen

    The paper points out the relevance of competition law to international issues of Intellectual Property Law (IPR) and demonstrates how competition law internationally has come to function as an indispensable instrument to balance IPR. The perspective is international and focused on TRIPS. The rules...... in TRIPS which define the obligations of member states to protect rightholders are detailed, comprehensive, and aimed at a high level of protection. The few rules in the Treaty which deals with competition law and the role of competition as a balancing instrument to IPR are weak and imprecise....... This disparity does not reflect the conclusion in national law where it is now generally acknowledged that IPR and competition law serve the same goal, viz. dynamic efficiency and consumer welfare and where competition law has come to function as a second tier of balancing norms. The paper claims...

  4. 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.

  5. Drone Warfare: Is the United States Violating the Law of Armed Conflict

    Science.gov (United States)

    2011-02-16

    NOTE AIR WAR COLLEGE AIR UNIVERSITY DRONE WARFARE: IS THE UNITED STATES VIOLATING THE LAW OF ARMED CONFLICT? by Barbara E. Shestko, Col...Base, Alabama. 1 Introduction The United States has become increasingly dependent upon the use of unmanned aircraft systems (UASs) or “ drones ” to...kill targeted members of al-Qaeda and the Taliban.1 Due to the success of drone warfare, we can expect the United States to continue its current

  6. State Indoor Tanning Laws and Prevalence of Indoor Tanning Among US High School Students, 2009-2015.

    Science.gov (United States)

    Qin, Jin; Holman, Dawn M; Jones, Sherry Everett; Berkowitz, Zahava; Guy, Gery P

    2018-07-01

    To examine the association between state indoor tanning laws and indoor tanning behavior using nationally representative samples of US high school students younger than 18 years. We combined data from the 2009, 2011, 2013, and 2015 national Youth Risk Behavior Surveys (n = 41 313) to analyze the association between 2 types of state indoor tanning laws (age restriction and parental permission) and the prevalence of indoor tanning during the 12 months before the survey, adjusting for age, race/ethnicity, and survey year, and stratified by gender. Age restriction laws were associated with a 47% (P tanning prevalence among female high school students. Parental permission laws were not found to be associated with indoor tanning prevalence among either female or male high school students. Age restriction laws could contribute to less indoor tanning, particularly among female high school students. Such reductions may reduce the health and economic burden of skin cancer.

  7. X-ray core states, atomic size and Moseley's law

    International Nuclear Information System (INIS)

    Smith, D.Y.; Karstens, William

    2000-01-01

    Vinti's dipolar sum-rule for the spatial extent of quantum states was tested on atomic K-shell and ns valence states. Agreement between radii derived from absorption spectra and from atomic-structure calculations is excellent, provided Pauli-principle-prohibited transitions are accounted for. These many-electron corrections to the single-electron sum-rule contributed less than 20% to the radii, which supports application of single-electron rules to electron-excess defects as a first approximation. We found the oscillator strength for K-shell excitations decreases rapidly with atomic number because of strength transfer to higher-lying p states. Hence, K-shell contributions to radiation damage decrease with increasing atomic number. A new interpretation of Moseley's law for the X-ray K edge in terms of K-shell radii is described

  8. The Interplay Between International Law And Labour Law In South Africa: Piercing The Diplomatic Immunity Veil

    Directory of Open Access Journals (Sweden)

    Ezette Gericke

    2014-12-01

    essence what really matters to any labour lawyer is how it can be justified that a group of vulnerable employees (diplomatic employees is left without a remedy while the employer as the stronger bargaining party is protected in terms of international law. The author submits that employees should have access to compulsory private arbitration in terms of an amendment to the DIPA or in terms of a treaty. This must bind a diplomat/consular employer from South Africa (as the sending state in a foreign state, and a foreign diplomat/consular employer in South Africa (as the receiving state to protect employees. It is suggested that such a provision should be included in diplomatic contracts of employment after ratification of a treaty, even before it is enacted into relevant laws in South Africa. In view of the sensitivity and international consequences of labour disputes for states, it is suggested that private arbitration could serve as a useful dispute resolution procedure and an acceptable alternative to the general options available in terms of the CCMA, the labour court and the high court. It is suggested that the full protection of diplomatic employees' labour rights cannot be based on the status of their employers. Finally the author argues that lifting the veil of diplomatic immunity could provide a satisfactory interplay between labour law and international law to support the interests and rights of both parties to the diplomatic employment relationship.

  9. State Firearm Laws and Interstate Firearm Deaths From Homicide and Suicide in the United States: A Cross-sectional Analysis of Data by County.

    Science.gov (United States)

    Kaufman, Elinore J; Morrison, Christopher N; Branas, Charles C; Wiebe, Douglas J

    2018-03-05

    Firearm laws in one state may be associated with increased firearm death rates from homicide and suicide in neighboring states are uncertain. To determine whether counties located closer to states with lenient firearm policies have higher firearm death rates. This cross-sectional study of firearm death rates by county for January 2010 to December 2014 examined data from the US Centers for Disease Control and Prevention for firearm suicide and homicide decedents for 3108 counties in the 48 contiguous states of the United States. Each county was assigned 2 scores, a state policy score (range, 0-12) based on the strength of its state firearm laws, and an interstate policy score (range, -1.33 to 8.31) based on the sum of population-weighted and distance-decayed policy scores for all other states. Counties were divided into those with low, medium, and high home state and interstate policy scores. County-level rates of firearm, nonfirearm, and total homicide and suicide. With multilevel Bayesian spatial Poisson models, we generated incidence rate ratios (IRR) comparing incidence rates between each group of counties and the reference group, counties with high home state and high interstate policy scores. Stronger firearm laws in a state were associated with lower firearm suicide rates and lower overall suicide rates regardless of the strength of the other states' laws. Counties with low state scores had the highest rates of firearm suicide. Rates were similar across levels of interstate policy score (low: IRR, 1.34; 95% credible interval [CI], 1.11-1.65; medium: IRR, 1.36, (95% CI, 1.15-1.65; and high: IRR, 1.43; 95% CI, 1.20-1.73). Counties with low state and low or medium interstate policy scores had the highest rates of firearm homicide. Counties with low home state and interstate scores had higher firearm homicide rates (IRR, 1.38; 95% CI, 1.02-1.88) and overall homicide rates (IRR, 1.32; 95% CI, 1.03-1.67). Counties in states with low firearm policy scores had lower

  10. 27 CFR 478.24 - Compilation of State laws and published ordinances.

    Science.gov (United States)

    2010-04-01

    ... published ordinances. (a) The Director shall annually revise and furnish Federal firearms licensees with a... Director annually revises the compilation and publishes it as “State Laws and Published Ordinances—Firearms... and published ordinances. 478.24 Section 478.24 Alcohol, Tobacco Products, and Firearms BUREAU OF...

  11. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

    ... DEPARTMENT OF STATE [Public Notice 7041] U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on Secured Transactions and Its Treatment of Security Rights in...

  12. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  13. 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.

  14. 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

  15. 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

  16. Pain clinic definitions in the medical literature and U.S. state laws: an integrative systematic review and comparison.

    Science.gov (United States)

    Andraka-Christou, Barbara; Rager, Joshua B; Brown-Podgorski, Brittany; Silverman, Ross D; Watson, Dennis P

    2018-05-22

    In response to widespread opioid misuse, ten U.S. states have implemented regulations for facilities that primarily manage and treat chronic pain, called "pain clinics." Whether a clinic falls into a state's pain clinic definition determines the extent to which it is subject to oversight. It is unclear whether state pain clinic definitions model those found in the medical literature, and potential differences lead to discrepancies between scientific and professionally guided advice found in the medical literature and actual pain clinic practice. Identifying discrepancies could assist states to design laws that are more compatible with best practices suggested in the medical literature. We conducted an integrative systematic review to create a taxonomy of pain clinic definitions using academic medical literature. We then identified existing U.S. state pain clinic statutes and regulations and compared the developed taxonomy using a content analysis approach to understand the extent to which medical literature definitions are reflected in state policy. In the medical literature, we identified eight categories of pain clinic definitions: 1) patient case mix; 2) single-modality treatment; 3) multidisciplinary treatment; 4) interdisciplinary treatment; 5) provider supervision; 6) provider composition; 7) marketing; and 8) outcome. We identified ten states with pain clinic laws. State laws primarily include the following definitional categories: patient case mix; single-modality treatment, and marketing. Some definitional categories commonly found in the medical literature, such as multidisciplinary treatment and interdisciplinary treatment, rarely appear in state law definitions. This is the first study to our knowledge to develop a taxonomy of pain clinic definitions and to identify differences between pain clinic definitions in U.S. state law and medical literature. Future work should explore the impact of different legal pain clinic definitions on provider decision

  17. THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

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

  18. The effect of gun control laws on hospital admissions for children in the United States.

    Science.gov (United States)

    Tashiro, Jun; Lane, Rebecca S; Blass, Lawrence W; Perez, Eduardo A; Sola, Juan E

    2016-10-01

    Gun control laws vary greatly between states within the United States. We hypothesized that states with strict gun laws have lower mortality and resource utilization rates from pediatric firearms-related injury admissions. Kids' Inpatient Database (1997-2012) was searched for accidental (E922), self-inflicted (E955), assault (E965), legal intervention-related (E970), or undetermined circumstance (E985) firearm injuries. Patients were younger than 20 years and admitted for their injuries. Case incidence trends were examined for the study period. Propensity score-matched analyses were performed using 38 covariates to compare outcomes between states with strict or lenient gun control laws. Overall, 38,424 cases were identified, with an overall mortality of 7%. Firearm injuries were most commonly assault (64%), followed by accidental (25%), undetermined circumstance (7%), or self-inflicted (3%). A small minority involved military-grade weapons (0.2%). Most cases occurred in lenient gun control states (48%), followed by strict (47%) and neutral (6%).On 1:1 propensity score-matched analysis, in-hospital mortality by case was higher in lenient (7.5%) versus strict (6.5%) states, p = 0.013. Lenient states had a proportionally higher rate of accidental (31%) and self-inflicted injury (4%) versus strict states (17% and 1.6%, respectively), p gun control contributes not only to worse outcomes per case, but also to a more significant and detrimental impact on public health. Epidemiologic study, level III.

  19. Nonclassical thermal-state superpositions: Analytical evolution law and decoherence behavior

    Science.gov (United States)

    Meng, Xiang-guo; Goan, Hsi-Sheng; Wang, Ji-suo; Zhang, Ran

    2018-03-01

    Employing the integration technique within normal products of bosonic operators, we present normal product representations of thermal-state superpositions and investigate their nonclassical features, such as quadrature squeezing, sub-Poissonian distribution, and partial negativity of the Wigner function. We also analytically and numerically investigate their evolution law and decoherence characteristics in an amplitude-decay model via the variations of the probability distributions and the negative volumes of Wigner functions in phase space. The results indicate that the evolution formulas of two thermal component states for amplitude decay can be viewed as the same integral form as a displaced thermal state ρ(V , d) , but governed by the combined action of photon loss and thermal noise. In addition, the larger values of the displacement d and noise V lead to faster decoherence for thermal-state superpositions.

  20. Environmental law. A course of lectures for a cross-disciplinary audience

    International Nuclear Information System (INIS)

    Schulte, H.

    1999-01-01

    Readers interested in getting more insight in the legal framework available for supporting environmental protection policy will find a comprehensive picture of the environmental law applicable in Germany. The format chosen for the book is that of a lecture series, so that the reader is given step-by-step orientation and systematic guidance in approaching the complex material. The positive law and the underlying scientific systems are explained. An introductory part discusses the legal instruments available for enforcement of environmental law, the position of environmental law within the entire legal system of Germany, as well as relevant aspects of the law of the European Union, and international law. The subsequent chapters present an exhaustive survey of the subjects and objectives of German environmental law, as well as the legal practice and the issues involved. The chapters' headings read as follows: Abatement and control of emissions; the structure and functions of the state; administrative powers and action; civil rights and environmental protection; atomic energy law; water protection; waste management; nature conservation; the law on chemicals; the law relating to genetic engineering. The final chapter discusses aspects of environmental liability. (orig./CB) [de

  1. 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...

  2. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Service of legal process under provisions of... AND RELATED SERVICES Quasi-Legal Services § 92.92 Service of legal process under provisions of State law. It may be found that a State statue purporting to regulate the service of process in foreign...

  3. Member States must apply most favoured nation treatment under EU law

    NARCIS (Netherlands)

    de Groot, I.M.

    2014-01-01

    According to case law from the Court of Justice of the European Union (CJEU), a Member State is not obliged to enact most favoured nation treatment if a tax treaty prescribes a certain type of tax treatment (bilateral most favoured nation treatment). In this article, the author discusses whether EU

  4. A Tale Of Two States: Mississippi, West Virginia, And Exemptions To Compulsory School Vaccination Laws.

    Science.gov (United States)

    Colgrove, James; Lowin, Abigail

    2016-02-01

    School-based compulsory vaccination laws have provoked debates over the legitimacy of government coercion versus the scope of parental rights. A key point of contention in these school vaccination laws are provisions known as exemption clauses that allow some parents to enroll their children in school unimmunized for reasons other than medical conditions. For more than three decades Mississippi and West Virginia stood apart as the only two US states that did not offer nonmedical exemptions to school vaccination laws. But other states seem to be moving in this direction, such as California, which in 2015 eliminated nonmedical exemptions following the Disneyland measles outbreak. The apparent shift creates an opportune moment to look at the experiences of Mississippi and West Virginia. Through a review of legislative histories, legal rulings, media accounts, and interviews with health officials in the two states, we consider the reasons for and consequences of their allowing only medical exemptions and the prospects their approach holds out for other states that may wish to emulate it. The experiences of these two states suggest that contrary to conventional wisdom, it may be politically tenable to limit exemptions to only medical reasons without damaging either the stature of public health or the immunization system. Project HOPE—The People-to-People Health Foundation, Inc.

  5. Estimates of the Lawful Permanent Resident Population in the United States: January 2013

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2013. The LPR population includes persons...

  6. Estimates of the Lawful Permanent Resident Population in the United States: January 2014

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2014. The LPR population includes persons...

  7. 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

  8. 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-...

  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. Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah

    2012-01-01

    Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  11. Non-State Law in Nigeria: A ”Treasure Trove” or “Pandora’s Box”?

    Directory of Open Access Journals (Sweden)

    Lambert H.B. Asemota

    2017-04-01

    Full Text Available Nigeria operates a tripartite legal system comprising customary law, Sharia law and the English common law regime. While the former two non-state legal systems predated the coming of the British to that region of Africa, English common law tradition was introduced with colonisation. Consequently, the Nigerian legal system has become submersed with legal pluralism which tends to put critical legal thinkers in two minds. This paper revisits the theories and practices of the established three-tier system within the context of the topical challenges that trickle down from attempting to reconcile the reliance by certain ethnic groups on the concept of self-determination (under the guise of freedom of religion and culture and the opposing provisions of the Nigerian constitution and international treaties and conventions.

  12. Leveraging State And Local Law Enforcement Maritime Homeland Security Practices

    Science.gov (United States)

    2016-03-01

    recreation, national defense, and tourism . To understand the maritime homeland security efforts put into place after 9/11 better, a study of the practices...fire service venturing beyond its fire suppression or emergency medical services role and asserted the value of having firefighters better integrated...national defense, and tourism , so too must be the approach to maritime homeland security. This research examined only the role of state and local law

  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. Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

    NARCIS (Netherlands)

    Schill, S.W.

    As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

  15. 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.

  16. The current state of Contract Law in Australia and why it is important for rural managers to understand it

    OpenAIRE

    Smith, Tony

    2011-01-01

    Farmers are business managers and as such they must understand the law or they are likely to fall foul of it. This especially applies to contract law, with which they deal constantly. Contract law is made up of the common law – as the courts have decided it – and statute law- as the state and federal parliaments have enacted statutes which modify the common law. The most important and most recent of the latter is the new Australian Consumer Law.

  17. Facilitating Fresh: State Laws Supporting School Gardens Are Associated With Use of Garden-Grown Produce in School Nutrition Services Programs.

    Science.gov (United States)

    Turner, Lindsey; Leider, Julien; Piekarz, Elizabeth; Schermbeck, Rebecca M; Merlo, Caitlin; Brener, Nancy; Chriqui, Jamie F

    2017-06-01

    To examine whether state laws are associated with the presence of school gardens and the use of garden-grown produce in school nutrition services programs. Nationally representative data from the School Health Policies and Practices Study 2014 were combined with objectively coded state law data regarding school gardens. Outcomes were: (1) the presence of a school garden at each school (n = 419 schools), and (2) the use of garden-grown items in the school nutrition services program. Multivariate logistic regression was used to examine each outcome. Contextual covariates included school level, size, locale, US Census region, student race/ethnic composition, and percentage of students eligible for free and reduced-priced meals. State law was not significantly associated with whether schools had a garden, but it was associated with whether schools used garden-grown items in nutrition services programs (odds ratio, 4.21; P garden-grown items in nutrition services programs was 15.4% among schools in states with a supportive law, vs 4.4% among schools in states with no law. State laws that support school gardens may facilitate the use of garden-grown items in school nutrition service programs. Additional research is needed regarding the types of messaging that might be most effective for motivating school administrators to appreciate the value of school gardens. In addition, another area for further research pertains to scaling garden programs for broader reach. Copyright © 2017 Society for Nutrition Education and Behavior. All rights reserved.

  18. State-Level School Competitive Food and Beverage Laws Are Associated with Children's Weight Status

    Science.gov (United States)

    Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F.; Mâsse, Louise C.; Moser, Richard P.; Perna, Frank

    2014-01-01

    Background: This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. Methods: We use the Classification of Laws Associated with School…

  19. Land, law and politics in Africa : mediating conflict and reshaping the state

    NARCIS (Netherlands)

    Abbink, J.; Bruijn, de M.E.

    2011-01-01

    This volume, which is dedicated to the Dutch legal scholar Gerti Hesseling (1946-2009), examines issues of law, land dispute and conflict mediation in Africa. The focus is on how citizens, State institutions and concerned (inter)national actors attempt to find solutions to land disputes. The issues

  20. Penitence in Terms of Tax Law and Criminal Law Norms: Problems-Approaches-Solution Proposal

    Directory of Open Access Journals (Sweden)

    Burçin BOZDOĞANOĞLU

    2016-12-01

    Full Text Available In our country, despite basis of statement is accepted, determination of reported basis of assessment could be done by tax audition. Located in Tax Law Article 371 penitence and rectification provides the ability to resolve disputes to taxpayer at the administrative stage providing certain conditions, on taxes based on declaration. According to Article 359 of Tax Law, based on the conditions mentioned in Article 371 of the law states with penitence about the status of the penitence to the relevant authorities it is started whether the application of criminal smuggling. So, “payment” condition in Article 371 which is currently taken a place among the conditions to benefit from located penitence institution and tax loss that prevents withdrawal penalty, the issue is not the punishment of trafficking in terms of the current is still in the case of a subject that cannot be agreed upon. However the fate of specified period of time for penitence institute existence of force majeure is controversial issue. In this context; the processing of tax evasion rather than tax loss without penitence institution evaluation of the implementation of equality in taxation. Results can occur within the framework of the provisions on the grounds penitence tax declarations which are not accepted for the reason of given without tax loss rather than a move to focus on the value of properties. In our study, these issues are evaluated, based on tax law and criminal law norms and offers opinions and suggestions for issues raised.

  1. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  2. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Gerrard, Michael B. [Columbia Law School New York, NY (United States). Center for Climate Change Law

    2014-07-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  3. 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…

  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. 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…

  6. Application of viscoelastic, viscoplastic, and rate-and-state friction constitutive laws to the deformation of unconsolidated sands

    Science.gov (United States)

    Hagin, Paul N.

    Laboratory experiments on dry, unconsolidated sands from the Wilmington field, CA, reveal significant viscous creep strain under a variety of loading conditions. In hydrostatic compression tests between 10 and 50 MPa of pressure, the creep strain exceeds the magnitude of the instantaneous strain and follows a power law function of time. Interestingly, the viscous effects only appear when loading a sample beyond its preconsolidation pressure. Cyclic loading tests (at quasi-static frequencies of 10-6 to 10 -2 Hz) show that the bulk modulus increases by a factor of two with increasing frequency while attenuation remains constant. I attempt to fit these observations using three classes of models: linear viscoelastic, viscoplastic, and rate-and-state friction models. For the linear viscoelastic modeling, I investigated two types of models; spring-dashpot (exponential) and power law models. I find that a combined power law-Maxwell solid creep model adequately fits all of the data. Extrapolating the power law-Maxwell creep model out to 30 years (to simulate the lifetime of a reservoir) predicts that the static bulk modulus is 25% of the dynamic modulus, in good agreement with field observations. Laboratory studies also reveal that a large portion of the deformation is permanent, suggesting that an elastic-plastic model is appropriate. However, because the viscous component of deformation is significant, an elastic-viscoplastic model is necessary. An appropriate model for unconsolidated sands is developed by incorporating Perzyna (power law) viscoplasticity theory into the modified Cambridge clay cap model. Hydrostatic compression tests conducted as a function of volumetric strain rate produced values for the required model parameters. As a result, by using an end cap model combined with power law viscoplasticity theory, changes in porosity in both the elastic and viscoplastic regimes can be predicted as a function of both stress path and strain rate. To test whether rate-and-state

  7. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

    The book provides an overview of how international law is today constructed through diverse macro and microprocesses that expand its traditional subjects and sources, with the attribution of sovereign capacity and power to the international plane (moving the international toward the national). Simultaneously, national laws approximate laws of other nations (moving among nations or moving the national toward the international) and new sources of legal norms emerge, independent of states and international organisations. This expansion occurs in many subject areas, with specific structures: commercial, environmental, human rights, humanitarian, financial, criminal and labor law contribute to the formation of post national law with different modes of functioning, different actors and different sources of law that should be understood as a new complexity of law.

  8. State statutes and regulations on radioactive materials transportation

    International Nuclear Information System (INIS)

    Foster, B.

    1981-11-01

    The transport of radioactive material is controlled by numerous legislative and regulatory actions at the federal, state, and local levels. This document is a compilation of the state level laws and regulations. The collected material is abstracted and indexed by states. Each state section contains three divisions: (1) abstracts of major statutes, (2) legislative rules, and (3) photocopies of relevant paragraphs from the law or regulation. This document was prepared for use by individuals who are involved in the radioactive material transportation process. This document will not be updated. The legislative rules section contains the name of the state agency primarily responsible for monitoring the transport of radioactive materials

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

    Directory of Open Access Journals (Sweden)

    Alina Leția

    2013-11-01

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

  10. 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...

  11. Bridging the Nagoya Compliance Gap: The Fundamental Role of Customary Law in Protection of Indigenous Peoples’ Resource and Knowledge Rights

    Directory of Open Access Journals (Sweden)

    Brendan M. Tobin

    2013-09-01

    Full Text Available The Nagoya Protocol requires states to ensure that access to and use of genetic resources and traditional knowledge of Indigenous peoples and local communities is subject to their prior informed consent (PIC. It also requires states to take into consideration their customary laws. However, it lacks effective compliance mechanisms, a gap exposed in draft European legislation that sidesteps the Nagoya Protocol’s obligations regarding PIC and customary law, leaving traditional knowledge largely unprotected. This article examines the status of customary law under international, regional and national law, and the challenges and opportunities for securing recognition of its role in the protection of traditional knowledge. The article contends that all commercial and development activities with the potential to impact on Nagoya Protocol rights will in the future need to ensure compliance with relevant customary law. It finds state reluctance to adopt measures to ensure consideration of customary law shortsighted and likely to lead to increased litigation. It concludes that customary law has a key role to play in closing the Nagoya compliance gap but to do so it will need to be supported by enforcement mechanisms such as disclosure of origin regimes in intellectual property law.

  12. 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

  13. 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)

  14. 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

  15. Law, Marxism and Method

    Directory of Open Access Journals (Sweden)

    Paul O'Connell

    2018-05-01

    Full Text Available Law is crucial to the maintenance and reproduction of capitalism. While Marx never produced a comprehensive theory of law, state and rights, there is much in his work, and in the broader Marxist tradition, that can help us understand the nature and role of law in contemporary capitalism. This paper sketches out some of the key resources from within the Marxist tradition that can assist us in developing Marxist understandings of law, state and rights today. Specifically, the focus is on the question of method, drawing out three key strands from Marx's own work: (i the importance of dialectical materialist analysis; (ii the historically specific and transitory nature of capitalism and (iii the centrality of class antagonism and class struggle. The argument advanced here, in sum, is that Marxist explanations of law, state and rights should foreground these analytical reference points, in order to make the role of law intelligible, and to begin to sketch how movements for fundamental social change might understand and engage with the law.

  16. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

    ... International Law (ACPIL)--Online Dispute Resolution Study Group Meeting (ODR) The Department of State, Office of Legal Adviser, Office of Private International Law ACPIL online dispute resolution (ODR) study... development of legal instruments for resolving both business to business and business to consumer cross-border...

  17. 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...

  18. 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...

  19. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

    ... transactions; online dispute resolution; international leasing and franchising; and other topics of current... International Law: Notice of Renewal of Charter The Charter of the Department of State's Advisory Committee on Private International Law has been renewed, effective for a two-year period. Pursuant to the Federal...

  20. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

    ... International Law (ACPIL); Online Dispute Resolution (ODR) Study Group Meeting The Office of Private International Law, Office of the Legal Adviser, Department of State hereby gives notice that the ACPIL Online... charged with the development of legal instruments for resolving both business to business and business to...

  1. Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State

    Science.gov (United States)

    Faure, Caroline; Moffit, Dani M.; Schiess, Kurt

    2015-01-01

    Secondary schools across the United States that sponsor extracurricular athletic programs are challenged to comply with recent laws that require concussion education and appropriate concussion management. This study examined one rural state's efforts by illustrating both the successes and challenges that secondary schools faced. The findings…

  2. Clinical Social Work. State Laws Governing Independent Practice and Reimbursement of Services. Fact Sheet for the Honorable Daniel K. Inouye, United States Senate.

    Science.gov (United States)

    General Accounting Office, Washington, DC. Div. of Human Resources.

    This fact sheet on state laws governing the independent practice and reimbursement of services for clinical social workers contains information from questionnaires sent to the state agencies responsible for health insurance regulations and Medicaid and licensing activities. Information on Ohio, the only state which did not respond, is not…

  3. Preemption and the obesity epidemic: state and local menu labeling laws and the nutrition labeling and education act.

    Science.gov (United States)

    Rutkow, Lainie; Vernick, Jon S; Hodge, James G; Teret, Stephen P

    2008-01-01

    Obesity is widely recognized as a preventable cause of death and disease. Reducing obesity among adults and children has become a national health goal in the United States. As one approach to the obesity epidemic, public health practitioners and others have asserted the need to provide consumers with information about the foods they eat. Some state and local governments across the United States have introduced menu labeling bills and regulations that require restaurants to post information, such as calorie content, for foods offered on their menus or menu boards. A major dilemma is whether state and local menu labeling laws are preempted by the federal Nutrition Labeling and Education Act (NLEA). While few courts have addressed this issue, ongoing litigation in New York City provides an early glimpse of judicial interpretation in this area. This article explores these preemption issues, arguing that appropriately written and implemented menu labeling laws should not be preempted by the NLEA. We offer guidance for states and localities that wish to develop and implement menu labeling laws.

  4. NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

    Directory of Open Access Journals (Sweden)

    MARIUS VACARELU

    2012-05-01

    Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

  5. Impact of Transposition of the Directive 2013/34/EU into the National Laws of EU Member States Emphatically V4

    Directory of Open Access Journals (Sweden)

    Jana Gláserová

    2017-01-01

    Full Text Available The European Union has published the Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings for reasons of increasing of the competitive advantage and productivity of small and medium‑sized enterprises. The EU Member States have to incorporate the rules of the Directive with their national law by 20 July 2015 at the latest during the year 2016. The intention of this paper is to determine and to evaluate the impacts of transposition of the Directive into the Czech Accounting Law and into the national accounting laws of EU Member States chosen. There is an identification of main differences of Czech Accounting Law and of amended Czech Accounting Law issued 1st of January 2016. There is an impact of implementation of the Directive 2013/34/EU on financial statements and at the same time on requirements of audit for individual categories of Czech accounting entities. In this paper, there is also an analysis of impact of the Directive 2013/34/EU on national accounting laws V4 States and on several further EU Member States. On the basis of comparison of differences recognized, there is an deduction of findings for companies falling into the same group.

  6. Block backstepping design of nonlinear state feedback control law for underactuated mechanical systems

    CERN Document Server

    Rudra, Shubhobrata; Maitra, Madhubanti

    2017-01-01

    This book presents a novel, generalized approach to the design of nonlinear state feedback control laws for a large class of underactuated mechanical systems based on application of the block backstepping method. The control law proposed here is robust against the effects of model uncertainty in dynamic and steady-state performance and addresses the issue of asymptotic stabilization for the class of underactuated mechanical systems. An underactuated system is defined as one for which the dimension of space spanned by the configuration vector is greater than that of the space spanned by the control variables. Control problems concerning underactuated systems currently represent an active field of research due to their broad range of applications in robotics, aerospace, and marine contexts. The book derives a generalized theory of block backstepping control design for underactuated mechanical systems, and examines several case studies that cover interesting examples of underactuated mechanical systems. The math...

  7. 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.

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

    Directory of Open Access Journals (Sweden)

    Juan Nicolás Guerrero Peniche

    2012-12-01

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

  9. The equation of state of polymers. Part III: Relation with the compensation law.

    Science.gov (United States)

    Rault, Jacques

    2017-09-01

    The properties of amorphous polymers and of organic compounds under pressure are interpreted in the framework of the modified Van der Walls Equation of State (mVW-EOS) the Vogel-Fulcher-Tamann (VFT) law and of the compensation law. We have shown recently that polymers and organic compounds in amorphous liquid and crystalline states verify the mVW-EOS which depends on three parameters, [Formula: see text] [Formula: see text] and [Formula: see text]. In this paper we compare the characteristic pressure [Formula: see text] of the mVW-EOS to the various pressures [Formula: see text] deduced from thermodynamic and kinetic properties of polymers in the liquid and solid states. [Formula: see text] and [Formula: see text] are: a) the enthalpy and volume change at the melting and glass transitions (the glass being isotropic or oriented and annealed below [Formula: see text] at various aging conditions); b) the activation parameters of individual [Formula: see text] and cooperative [Formula: see text] motions in crystalline liquid and amorphous polymers studied by dielectric or mechanical spectroscopy; and c) the activation parameters of amorphous (solid and liquid) polymers submitted to a deformation depending on the time frequency temperature and strain rate. For a same material, whatever its state and whatever the experimental properties analyzed (dielectric and mechanical relaxation, viscosity, auto-diffusion, yielding under hydrostatic pressure), we demonstrate that [Formula: see text], ([Formula: see text] Grüneisen parameter, [Formula: see text] compressibility). In all polymers and organic compounds (and water), these pressures, weakly dependent on T and P near [Formula: see text] and [Formula: see text] at low pressure are characteristic of the H-H inter-molecular interactions. It is shown that the two empirical Lawson and Keyes relations of the compensation law can be deduced from the mVW-EOS.

  10. Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States

    National Research Council Canada - National Science Library

    Feikert, Clare; Doyle, Charles

    2006-01-01

    This is a comparison of the laws of the United Kingdom and of the United States that govern criminal and intelligence investigations of terrorist activities Both systems rely upon a series of statutory authorizations...

  11. 12 CFR 707.1 - Authority, purpose, coverage and effect on State laws.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Authority, purpose, coverage and effect on... AFFECTING CREDIT UNIONS TRUTH IN SAVINGS § 707.1 Authority, purpose, coverage and effect on State laws. (a... National Credit Union Administration. In addition, the advertising rules in § 707.8 apply to any person who...

  12. Building on mental health training for law enforcement: strengthening community partnerships.

    Science.gov (United States)

    Campbell, Jorien; Ahalt, Cyrus; Hagar, Randall; Arroyo, William

    2017-09-11

    Purpose The purpose of this paper is to describe the current state of law enforcement training related to the high number of interactions with persons with mental illness, and to recommend next steps in preparing law enforcement to effectively meet this challenge. Design/methodology/approach The authors reviewed the current literature on relevant law enforcement training programs, focusing primarily on crisis intervention team (CIT) training, and used the case example of California to identify opportunities to improve and enhance law enforcement preparedness for the challenge of responding to persons with mental illness. Findings Broad-based community partnerships working together to develop programs that meet the local needs of both those with mental illness and law enforcement, the availability of mental health treatment centers with no-refusal policies, and a coordinating person or agency to effectively liaise among stakeholders are critical enhancements to CIT training. Originality/value As increasing attention is paid to adverse interactions between police and vulnerable populations, this paper identifies policies that would build on existing training programs to improve police responses to persons with mental illness.

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

    Energy Technology Data Exchange (ETDEWEB)

    Sautter, John A.

    2010-10-15

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

  14. 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...

  15. 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.

  16. 12 CFR 230.1 - Authority, purpose, coverage, and effect on state laws.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Authority, purpose, coverage, and effect on..., and effect on state laws. (a) Authority. This part, known as Regulation DD, is issued by the Board of... advertising rules in § 230.8 of this part apply to any person who advertises an account offered by a...

  17. 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...

  18. 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

  19. Will the Supreme Court Strike Down the Laws Banning Assisted Suicide?

    Science.gov (United States)

    2015-01-01

    Assisted suicide is now legal in several jurisdictions outside Canada, including the Netherlands, Belgium, Switzerland, Oregon, Washington State and Vermont. In Canada, public support for the decriminalization of assisted suicide is increasing, although assisted suicide remains prohibited under Canada's Criminal Code. That may soon change and, as patients'advocates, nurses need to khow and understand their roles and current laws relevant to treatment and end-of-life care.

  20. A Descriptive Analysis of Care Provided by Law Enforcement Prior to EMS Arrival in the United States.

    Science.gov (United States)

    Klassen, Aaron B; Core, S Brent; Lohse, Christine M; Sztajnkrycer, Matthew D

    2018-04-01

    Study Objectives Law enforcement is increasingly viewed as a key component in the out-of-hospital chain of survival, with expanded roles in cardiac arrest, narcotic overdose, and traumatic bleeding. Little is known about the nature of care provided by law enforcement prior to the arrival of Emergency Medical Services (EMS) assets. The purpose of the current study was to perform a descriptive analysis of events reported to a national EMS database. This study was a descriptive analysis of the 2014 National Emergency Medical Services Information System (NEMSIS) public release research data set, containing EMS emergency response data from 41 states. Code E09_02 1200 specifically identifies care provided by law enforcement prior to EMS arrival. A total of 25,835,729 unique events were reported. Of events in which pre-arrival care was documented, 2.0% received prior aid by law enforcement. Patients receiving law enforcement care prior to EMS arrival were more likely to be younger (52.8 [SD=23.3] years versus 58.7 [SD=23.3] years), male (54.8% versus 46.7%), and white (80.3% versus 77.5%). Basic Life Support (BLS) EMS response was twice as likely in patients receiving prior aid by law enforcement. Multiple-casualty incidents were five times more likely with prior aid by law enforcement. Compared with prior aid by other services, law enforcement pre-arrival care was more likely with motor vehicle accidents, firearm assaults, knife assaults, blunt assaults, and drug overdoses, and less likely at falls and childbirths. Cardiac arrest was significantly more common in patients receiving prior aid by law enforcement (16.5% versus 2.6%). Tourniquet application and naloxone administration were more common in the law enforcement prior aid group. Where noted, law enforcement pre-arrival care occurs in 2.0% of EMS patient encounters. The majority of cases involve cardiac arrest, motor vehicle accidents, and assaults. Better understanding of the nature of law enforcement care is

  1. 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....

  2. Digital Content: Making Learning Relevant

    Science.gov (United States)

    Levin, Douglas A.

    2011-01-01

    Approximately 15 states are changing their policies to give school districts more flexibility in acquiring content. They have changed laws or policies or have bills pending in state legislatures to redefine "textbooks". Most of those changes are similar to the approach Indiana took in its new law: a "textbook" is not only a…

  3. 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…

  4. The institute of head of the state in the mechanism of strengthening state unity and the rule of law (theoretical-historical and constitutional-legal interpretation

    Directory of Open Access Journals (Sweden)

    Andrey V. Bezrukov

    2018-01-01

    Full Text Available The subject. The article investigates historical legal, theoretical-methodological and constitutional-legal problems of the formation and functioning of the institute of the head of state.The purpose of the study is to show how the constitutional functions of the head of state concretize his powers.The study is based on the use of methods of analysis and synthesis, historical legal, formal legal, comparative legal methods, scientific abstraction.The main scientific results. The authors summarize that the historical and legal analysis shows the key role of the head of state in the mechanism of ensuring state unity and law and order. Reality testifies the fact that the role of the President of the Russian Federation creates sufficient constitutional and legal grounds and conditions for the consolidated work of all state authorities, including law enforcement agencies, in the direction of ensuring the unity of state power and constitutional law and order. The indicated directions are in many ways identical, organically interrelated and interdependent, systematically define the main lines of activity of the head of state, contributing to the improvement of the constitutional and legal mechanism for ensuring the rule of law in general. Firstly, the Constitution of the Russian Federation contains only the basic powers of the President of the Russian Federation, which are substantially expanded by the legislator and presidential decrees. Secondly, the President has so-called “hidden”, discretionary powers that are not directly enshrined in the Constitution of the Russian Federation, implicit in it and stem from the sense of presidential functions that manifest themselves in unforeseen extraordinary circumstances. Thus, the constitutional design of a strong presidential power allows the President of the Russian Federation to ensure the unity of the executive power and the exercise of the powers of the federal government throughout the territory of

  5. Parenting and the workplace: The construction of parenting protections in United States law

    OpenAIRE

    Eichner Maxine

    2008-01-01

    Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is ab...

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

    African Journals Online (AJOL)

    Administrator

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

  7. Steady-state creep of discontinuous fibre composites

    International Nuclear Information System (INIS)

    Boecker Pedersen, O.

    1975-07-01

    A review is given of the relevant literature on creep of composites, including a presentation of existing models for the steady-state creep of composites containing aligned discontinuous fibres where creep of the matrix and fibres is assumed to follow a power law. A model is suggested for predicting the composite creep law from a matrix creep law given in a general form, in the case where the fibres do not creep. The composite creep law predicted by this model is compared with those predicted by previous models, when these are extended to comprise a general matrix creep law. Experimentally, pure copper and composites consisting of aligned discontinuous tungsten fibres in a copper matrix were creep tested at a temperature of 500 deg C. The results indicate a relatively low stress sensitivity of the steady-state creep-rate for pure copper and relatively high stress sensitivity for the composites. This may be explained by the creep models based upon a general matrix creep law. A quantitative prediction shows promising agreement with the present experimental results. (author)

  8. The State non-contractual liability because of forced displacement of persons (Setting up a line of case law in State council decisions

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

    Full Text Available Initially the theory of repairing the damage caused by act or omission attributable to the state as a subject faced the dogma of irresponsibility. This was a paradigm that in the context of the new constitutional law should not be allowed any validity because it is not a case of the exercise of a divine power or Leviathan because of its superiority over the inhabitants, as institutionalist theses of yore held. However, as it will be evident, there is some jurisprudence position that reminds us of those theses concerning the state responsibility because of the case of displaced persons and there are doctrinal realities that pose their attenuated return since the law of non-contractual liability appears as an option which is ill-suited for the victims. Hence the need to determine the pattern of resolution to the legal problem posed by the Administrative Justice in order to identify its characteristics and to establish the road map drawn to repair one of the most flagrant violations of human rights and humanitarian international law.

  9. Proceedings of the CISDEN meeting on present problems in Community and international law in the nuclear field

    International Nuclear Information System (INIS)

    1981-06-01

    These proceedings of the meeting of the Italian Nuclear Law Study Centre reproduce in full the three papers presented, together with the ensuing discussions. The papers respectively deal with the recent Constitutional Court Decision opposing a referendum on nuclear power plant site selection; international contracts -private autonomy and State law- and the incidence of recent trends on nuclear contracts; problems in relation to the entry into force of the 1980 Euratom radiation protection directive and the revision of relevant Italian regulations. (NEA) [fr

  10. State Law Challenges to School Discipline: An Outline of Claims and Case Summaries.

    Science.gov (United States)

    Pressman, Robert

    This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

  11. 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

  12. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present.

  13. EC Competition law and environmental protection

    Energy Technology Data Exchange (ETDEWEB)

    Rantala, M.

    1996-12-31

    Due to the increasing attention paid on environmental protection, by the European Community, the Member States and the consumers, undertakings are forced to adjust their policies to meet the new demands posed by public authorities and the market. This has an inevitable impact on competition. No matter how acceptable the goals were, the means are to be assessed also from the competition law point of view. The objective of this study is to analyze the situations where conflicts may take place, the main sources of research being the principles of law relating to the Treaty ,the judgements of the European Court of Justice, the Commission Decisions and other official documents of the Community as well as legal literature. This study classifies the Community and Member State instruments which are used for environmental protection into four categories. These are legislative, market-based, horizontal and financial supporting instruments. Undertakings` environmental practices, which are capable of affecting competition, are examined under Articles 85 and 86 EC, some attention being paid also to Article 90 EC. The touching points of competition policy and environmental protection in such cases are scrutinized under three headings. These are the two, in this case, most relevant public instruments, ie. legislative and market-based measures, and the voluntary actions of undertakings. (42 refs.)

  14. State and local law enforcement agency efforts to prevent sales to obviously intoxicated patrons.

    Science.gov (United States)

    Lenk, Kathleen M; Toomey, Traci L; Nelson, Toben F; Jones-Webb, Rhonda; Erickson, Darin J

    2014-04-01

    Alcohol sales to intoxicated patrons are illegal and may lead to public health issues such as traffic crashes and violence. Over the past several decades, considerable effort has been made to reduce alcohol sales to underage persons but less attention has been given to the issue of sales to obviously intoxicated patrons. Studies have found a high likelihood of sales to obviously intoxicated patrons (i.e., overservice), but little is known about efforts by enforcement agencies to reduce these sales. We conducted a survey of statewide alcohol enforcement agencies and local law enforcement agencies across the US to assess their strategies for enforcing laws prohibiting alcohol sales to intoxicated patrons at licensed alcohol establishments. We randomly sampled 1,631 local agencies (1,082 participated), and surveyed all 49 statewide agencies that conduct alcohol enforcement. Sales to obviously intoxicated patrons were reported to be somewhat or very common in their jurisdiction by 55 % of local agencies and 90 % of state agencies. Twenty percent of local and 60 % of state agencies reported conducting enforcement efforts to reduce sales to obviously intoxicated patrons in the past year. Among these agencies, fewer than half used specific enforcement strategies on at least a monthly basis to prevent overservice of alcohol. Among local agencies, enforcement efforts were more common among agencies that had a full-time officer specifically assigned to carry out alcohol enforcement efforts. Enforcement of laws prohibiting alcohol sales to obviously intoxicated patrons is an underutilized strategy to reduce alcohol-related problems, especially among local law enforcement agencies.

  15. 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)

  16. 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.

  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. 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...

  19. Application of the United Nations convention on contracts for TEH international sale of goods when the rules of private international law lead to the application of the law of a contracting state

    Directory of Open Access Journals (Sweden)

    Jovanović Marko

    2014-01-01

    Full Text Available The paper examines the problems with respect to the application of the UN Sales Convention (CISG by virtue of its Article 1(1(b. To that effect, the author analyzes the legal nature of this provision, describes the prerequisites for its application and explains the relevance of different rules of private international law for the application of the CISG. A special attention is given to the effects of Article 95 reservation. The author presents arguments against a widely spread opinion that the Article 1(1(b is in itself a conflict-of-laws rule, suggests that this provision is suitable to be applied both by courts and arbitral tribunals and explains the importance of the rules on classification and renvoi for the application of the CISG. With respect to the effect of Article 95 reservation, the author gives precedence to the position of the applicable law, rather than the law of the forum, concerning this reservation.

  20. The Arms Trade and States' Duty to Ensure Respect for Humanitarian and Human Rights Law

    DEFF Research Database (Denmark)

    Brehm, Maya

    2007-01-01

    transfers has traditionally been treated as a question of arms control law, but in the recent debate about legal restrictions on states' liberty to transfer arms, norms of international humanitarian and human rights law have frequently been invoked. This article surveys the existing international legal......The unregulated international trade in conventional arms, especially in small arms and light weapons, has come to be viewed as an exacerbating factor in armed conflict, violent crime and internal repression. Concern about the negative humanitarian, development and security impact of this trade has...... been growing over the last decade. Against this backdrop, the UN General Assembly invited states in December 2006 to consider the feasibility of an instrument establishing common international standards for conventional arms transfers-also known as the ‘Arms Trade Treaty' (ATT). The legality of arms...

  1. Law-based arguments and messages to advocate for later school start time policies in the United States.

    Science.gov (United States)

    Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

    2017-12-01

    The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.

  2. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  3. Self-medication of mood and anxiety disorders with marijuana: Higher in states with medical marijuana laws.

    Science.gov (United States)

    Sarvet, Aaron L; Wall, Melanie M; Keyes, Katherine M; Olfson, Mark; Cerdá, Magdalena; Hasin, Deborah S

    2018-05-01

    Self-medication with drugs or alcohol is commonly reported among adults with mood or anxiety disorders, and increases the risk of developing substance use disorders. Medical marijuana laws (MML) may be associated with greater acceptance of the therapeutic value of marijuana, leading individuals to self-medicate. The study utilized data from Wave 2 of the National Epidemiologic Survey on Alcohol and Related Conditions (2004-2005). Participants were sampled from households in the general population and included adults with a mood or anxiety disorder in the past 12 months (n = 7418), and the subset of those who used marijuana and no other drug (n = 314). Weighted logistic regression models predicted the prevalence of self-medication with drugs in U.S. states with and without MML, adjusting for individual and state-level covariates. As a negative control, analyses were repeated for self-medication with alcohol. Overall, self-medication with drugs was 3.73 percentage points higher (95% confidence interval [CI]: 0.93-6.53) among those living in MML states (p = 0.01). For the subpopulation that only used marijuana, self-medication with drugs was 21.22 percentage points higher (95% CI: 3.91-38.53) among those living in MML states (p = 0.02). In contrast, self-medication with alcohol had nearly identical prevalence in MML and non-MML states, overall and for drinkers. Among adults with mood or anxiety disorders, living in a medical marijuana law state is associated with self-medication with marijuana. While additional research is needed to determine the reasons for this association, clinical screening for self-medication with marijuana may be particularly important in states with medical marijuana laws. Copyright © 2018 Elsevier B.V. All rights reserved.

  4. The immunity of states and their officials in international criminal law and international human rights law

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

    * Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

  5. Legal protection of private persons in the case of acts of foreign states contrary to international law - with special reference to international environmental law

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

    The author describes the basis for claims following to international law for a case like Chernobyl. He examines possibilities of enforcement of private claims, regarding legal protection in courts of the state where the incident occurred, and of the state where the damage was suffered, of the International Court of Justice, and by way of diplomatic protection. Individual guarantees of procedure still can be improved at present. (CW) [de

  6. 13 CFR 113.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Effect of state or local law or other requirements. 113.535 Section 113.535 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION... obligation to comply with §§ 113.500 through 113.550 is not obviated or alleviated by the existence of any...

  7. 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…

  8. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Management Program. Revision 6

    International Nuclear Information System (INIS)

    1985-12-01

    This is the sixth update of ''Radioactive Waste Management: A Summary of State Laws and Administration.'' It completely replaces the fifth update (15 September 1984). The updated report covers low-level radioactive waste compacts, and the administration, the legislature and the laws related to radioactive waste management in each of the fifty states. The report is organized by low-level waste compact regions. Each section begins with a description of the low-level waste compact, followed by reports on each state within the region. There are also sections for states which have made plans to dispose of waste independently of a compact, and for those states which have not yet declared their intentions. The report on each compact is divided into four sections: Cover Page, Chair Organization, State Delegations, and Compact

  9. RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

    Directory of Open Access Journals (Sweden)

    Virgilijus Valančius

    2017-12-01

    Full Text Available The objective of this article is to present the most significant recent case law of the Court of Justice of the European Union (CJEU related to the competition law. Firstly, focus is given to some recent CJEU case law in the antitrust area, i.e. the judgments dealing with the application of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU. A special attention is paid to the most recent CJEU case law analyzing the distinction between the object and effect of the prevention, restriction or distortion of competition. Secondly, some significant State aid cases are dealt with, i.e. the cases related to the application of Article 107 TFEU. Although the CJEU case law has not recently undergone major changes in the competition law field, the article reflects the main trends towards the current jurisprudence and what challenges may be expected in the future.

  10. 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.

  11. 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

  12. 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.

  13. 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)

  14. Contesting sharia : state law, decentralization and Minangkabau custom

    NARCIS (Netherlands)

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes

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

    International Nuclear Information System (INIS)

    Schneider, Jens-Peter; Theobald, Christian

    2013-01-01

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

  16. Abandonment and reconciliation: addressing political and common law objections to fetal homicide laws.

    Science.gov (United States)

    Curran, Douglas S

    2009-03-01

    Fetal homicide laws criminalize killing a fetus largely to the same extent as killing any other human being. Historically, the common law did not generally recognize feticide as a crime, but this was because of the evidentiary "born-alive" rule, not because of the substantive understanding of the term "human being." As medicine and science have advanced, states have become increasingly willing to abandon this evidentiary rule and to criminalize feticide as homicide. Although most states have recognized the crime of fetal homicide, fourteen have not. This is largely the result of two independent obstacles: (judicial) adherence to the born-alive rule and (legislative) concern that fetal homicide laws could erode constitutionally protected reproductive rights. This Note explores a variety of fetal homicide laws that states have adopted, demonstrating that popular opinion has shifted toward recognizing this crime. It then directly confronts the objections that have prevented other states from adopting such laws: it first reviews the literature suggesting that the born-alive rule should be abandoned, as it is an obsolete evidentiary standard; it then argues that constitutionally protected reproductive liberties can be reconciled with, and in fact augmented by, punishing the killing of a fetus as a homicide.

  17. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States.

    Science.gov (United States)

    Swedler, David I; Simmons, Molly M; Dominici, Francesca; Hemenway, David

    2015-10-01

    In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs.

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

    Science.gov (United States)

    Stone, Dave

    2014-08-01

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

  19. 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.

  20. 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

  1. 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

  2. Constitutional law and international law at the turn of the century

    Directory of Open Access Journals (Sweden)

    JA Frowein

    1998-11-01

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

  3. The Future of Labor and Employment Law in the United States

    OpenAIRE

    Stone, Katherine

    2008-01-01

    There is a serious problem with the labor and employment law system in the United States today. Unions have declined to the point where they represent less than 8 per cent of the private sector workforce, employee wages have stagnated for more than three decades, employers are cutting back on workers’ health insurance and pensions, and there is a dramatic growth in the numbers of the working poor. At the same time, there has been a rising chorus of complaints from labor scholars that the labo...

  4. 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...

  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. Who actually receives cell phone use while driving citations and how much are these laws enforced among states? A descriptive, cross-sectional study

    OpenAIRE

    Rudisill, Toni M; Zhu, Motao

    2016-01-01

    Objectives While numerous cell phone use while driving laws have been passed among states, little information exists regarding who gets cited for these traffic infractions and how much these laws are enforced at the state-level within the USA. Design Cross-sectional, descriptive study. Setting 14 states and the District of Columbia. Participants Those receiving cell phone use while driving citations within included states from 2007 to 2013. Primary outcome Demographic characteristics of cited...

  7. 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...

  8. Challenges imposed by International Environmental Law to Classical International Law

    Directory of Open Access Journals (Sweden)

    Fabian Augusto Cárdenas Castañeda

    2010-05-01

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

  9. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

    ... B2C e-commerce contract disputes on the basis of a state-sponsored cooperative framework and model... International Law (ACPIL): Online Dispute Resolution (ODR) Study Group The Department of State, Office of Legal... upcoming work in UNCITRAL on the development of legal instruments regarding online dispute resolution for...

  10. Firearm legislation and firearm mortality in the USA: a cross-sectional, state-level study.

    Science.gov (United States)

    Kalesan, Bindu; Mobily, Matthew E; Keiser, Olivia; Fagan, Jeffrey A; Galea, Sandro

    2016-04-30

    In an effort to reduce firearm mortality rates in the USA, US states have enacted a range of firearm laws to either strengthen or deregulate the existing main federal gun control law, the Brady Law. We set out to determine the independent association of different firearm laws with overall firearm mortality, homicide firearm mortality, and suicide firearm mortality across all US states. We also projected the potential reduction of firearm mortality if the three most strongly associated firearm laws were enacted at the federal level. We constructed a cross-sectional, state-level dataset from Nov 1, 2014, to May 15, 2015, using counts of firearm-related deaths in each US state for the years 2008-10 (stratified by intent [homicide and suicide]) from the US Centers for Disease Control and Prevention's Web-based Injury Statistics Query and Reporting System, data about 25 firearm state laws implemented in 2009, and state-specific characteristics such as firearm ownership for 2013, firearm export rates, and non-firearm homicide rates for 2009, and unemployment rates for 2010. Our primary outcome measure was overall firearm-related mortality per 100,000 people in the USA in 2010. We used Poisson regression with robust variances to derive incidence rate ratios (IRRs) and 95% CIs. 31,672 firearm-related deaths occurred in 2010 in the USA (10·1 per 100,000 people; mean state-specific count 631·5 [SD 629·1]). Of 25 firearm laws, nine were associated with reduced firearm mortality, nine were associated with increased firearm mortality, and seven had an inconclusive association. After adjustment for relevant covariates, the three state laws most strongly associated with reduced overall firearm mortality were universal background checks for firearm purchase (multivariable IRR 0·39 [95% CI 0·23-0·67]; p=0·001), ammunition background checks (0·18 [0·09-0·36]; plaws are associated with reduced firearm mortality, and this evidence underscores the importance of focusing on

  11. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States

    Science.gov (United States)

    Simmons, Molly M.; Dominici, Francesca; Hemenway, David

    2015-01-01

    Objectives. In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. Methods. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Results. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. Conclusions. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs. PMID:26270316

  12. 12 CFR 557.12 - What are some examples of preempted state laws affecting deposits?

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What are some examples of preempted state laws affecting deposits? 557.12 Section 557.12 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY DEPOSITS Deposit Activities of Federal Savings Associations § 557.12 What are some examples of...

  13. Improving coordinated responses for victims of intimate partner violence: law enforcement compliance with state-mandated intimate partner violence documentation.

    Science.gov (United States)

    Cerulli, Catherine; Edwardsen, Elizabeth A; Hall, Dale; Chan, Ko Ling; Conner, Kenneth R

    2015-07-01

    New York State law mandates specific intimate partner violence (IPV) documentation under all circumstances meeting the enumerated relationship and crime criteria at the scene of a domestic dispute. Law enforcement compliance with this mandate is unknown. We reviewed law enforcement completion rates of Domestic Violence Incident Reports (DVIRs) and assessed correlations with individual or legal factors. Law enforcement officers filed DVIRs in 54% of the cases (n = 191), more often when injury occurred (p < .01) and the defendant had prior court contact (p < .05). The discussion explores policy implications and potential means to rectify the gap between mandated processes and implementation. © The Author(s) 2015.

  14. Rules on the conflict of laws in the matter of succession in Romanian private international law

    Directory of Open Access Journals (Sweden)

    Daniel BERLINGHER

    2014-12-01

    Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

  15. 15 CFR 8a.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

    ... 15 Commerce and Foreign Trade 1 2010-01-01 2010-01-01 false Effect of state or local law or other requirements. 8a.535 Section 8a.535 Commerce and Foreign Trade Office of the Secretary of Commerce... are not imposed upon members of the other sex. (b) Benefits. A recipient that provides any...

  16. State contraceptive coverage laws: creative responses to questions of "conscience".

    Science.gov (United States)

    Dailard, C

    1999-08-01

    The Federal Employees Health Benefits Program (FEHBP) guaranteed contraceptive coverage for employees of the federal government. However, opponents of the FEHBP contraceptive coverage questioned the viability of the conscience clause. Supporters of the contraceptive coverage pressed for the narrowest exemption, one that only permit religious plans that clearly states religious objection to contraception. There are six of the nine states that have enacted contraceptive coverage laws aimed at the private sector. The statutes included a provision of conscience clause. The private sector disagrees to the plan since almost all of the employees¿ work for employers who only offer one plan. The scope of exemption for employers was an issue in five states that have enacted the contraceptive coverage. In Hawaii and California, it was exemplified that if employers are exempted from the contraceptive coverage based on religious grounds, an employee will be entitled to purchase coverage directly from the plan. There are still questions on how an insurer, who objects based on religious grounds to a plan with contraceptive coverage, can function in a marketplace where such coverage is provided by most private sector employers.

  17. Determination of a cohesive law for delamination modelling - Accounting for variation in crack opening and stress state across the test specimen width

    DEFF Research Database (Denmark)

    Joki, R. K.; Grytten, F.; Hayman, Brian

    2016-01-01

    by differentiating the fracture resistance with respect to opening displacement at the initial location of the crack tip, measured at the specimen edge. 2) Extend the bridging law to a cohesive law by accounting for crack tip fracture energy. 3) Fine-tune the cohesive law through an iterative modelling approach so......The cohesive law for Mode I delamination in glass fibre Non-Crimped Fabric reinforced vinylester is determined for use in finite element models. The cohesive law is derived from a delamination test based on DCB specimens loaded with pure bending moments taking into account the presence of large...... that the changing state of stress and deformation across the width of the test specimen is taken into account. The changing state of stress and deformation across the specimen width is shown to be significant for small openings (small fracture process zone size). This will also be important for the initial part...

  18. 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

  19. Timing of entry to care by newly diagnosed HIV cases before and after the 2010 New York State HIV testing law.

    Science.gov (United States)

    Gordon, Daniel E; Bian, Fuqin; Anderson, Bridget J; Smith, Lou C

    2015-01-01

    Prompt entry to care after HIV diagnosis benefits the infected individual and reduces the likelihood of further transmission of the virus. The New York State HIV Testing Law of 2010 requires diagnosing providers to refer persons newly diagnosed with HIV to follow-up medical care. This study used routinely collected HIV-related laboratory data from the New York State HIV surveillance system to assess whether the fraction of newly diagnosed cases entering care within 90 days of diagnosis increased after the implementation of the law. Laboratory data on 23,302 newly diagnosed cases showed that entry to care within 90 days rose steadily from 72.0% in 2007 to 85.4% in 2012. The rise was observed across all race/ethnic groups, ages, transmission risk groups, sexes, and regions of residence. Logistic regression analyses of entry to care pre-law and post-law, controlling for demographic characteristics, transmission risk, and geographic area, indicate that percentage of newly diagnosed cases entering care within 90 days grew more rapidly in the post-law period. This is consistent with a positive effect of the law on entry to care.

  20. KEBERADAAN KONSEP RULE BY LAW (NEGARA BERDASARKAN HUKUM DIDALAM TEORI NEGARA HUKUM THE RULE OF LAW

    Directory of Open Access Journals (Sweden)

    Made Hendra Wijaya

    2013-11-01

    Full Text Available This research titled, the existence of the concept of rule by law (state law within thestate theories of law the rule of law, which is where the first problem: How can theadvantages of Rule by Law in the theory of law Rule of Law?, How is the dis advantages of aconcept of Rule by law in the theory of law Rule of Law.This research method using the method of normative, legal research that examines thewritten laws of the various aspects, ie aspects of the theory, history, philosophy, comparative,structure and composition, scope, and content, consistent, overview, and chapter by chapter,formality, and the binding force of a law, and the legal language used, but did not examine orimlementasi applied aspects. By using this approach of Historical analysis and approach oflegal conceptual analysis.In this research have found that the advantages of the concept of Rule by Law lies in theproviding of certainty, can also be social control for the community, thus ensuring all citizensin good order at all reciprocal relationships within the community. And Disadvantages of theconcept of Rule by Law if the Law which legalized state action is not supported by democracyand human rights, and the principles of justice, there will be a denial of human rights,widespread poverty, and racial segregation, and if the law is only utilized out by theauthorities as a means to legalize all forms of actions that violate human can inflicttotalitarian nature of the ruling

  1. The nullum crimen sine iure principle in contemporary International Law

    Directory of Open Access Journals (Sweden)

    Hector Olásolo Alonso

    2014-03-01

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

  2. Globalization, Inequality & International Economic Law

    Directory of Open Access Journals (Sweden)

    Frank J. Garcia

    2017-04-01

    Full Text Available International law in general, and international economic law in particular, to the extent that either has focused on the issue of inequality, has done so in terms of inequality between states. Largely overlooked has been the topic of inequality within states and how international law has influenced that reality. From the perspective of international economic law, the inequality issue is closely entwined with the topics of colonialism and post-colonialism, the proper meaning of development, and globalization. While international economic law has undoubtedly contributed to the rise of inequality, it is now vital that the subject of international economic law be examined for how it may contribute to the lessening of inequality. To do so will require a shift in the way that we think, in order to address inequality as a problem of an emerging global market society, and how best to regulate that society and its institutions.

  3. New Tool to Draft National Nuclear Laws. Second Nuclear Law Handbook Available Online

    International Nuclear Information System (INIS)

    Kaiser, Peter

    2011-01-01

    Drafting new national nuclear laws and reviewing existing laws and regulations requires extensive and specialized expertise. For many countries this represents a significant challenge. The IAEA's legislative assistance programme was established to help Member States adopt adequate national nuclear legislation. In 2003, the legistlative assistance programme published the Handbook on Nuclear Law. The reference text provides a fundamental understanding of the key elements and principles of national nuclear legislation. The Handbook is widely utilized by Member States, industry and experts. A second volume of the Handbook was released during the IAEA's 54th General Conference, which convened in Vienna from 20 to 24 September 2010.

  4. 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.

  5. CONFLICTS IN THE INTERNATIONAL TAX LAW AND ANSWERS OF THE EUROPEAN TAX LAW

    OpenAIRE

    Éva ERDÕS

    2011-01-01

    This study tries to show the essence of the international tax law, and gives a definition of it, as the origine of the international tax conflicts, but secondly the international tax law solved the international tax conflicts. One device of the solving method of the international tax law is the international treaties between the Member States about the avoidance of the double taxation. We should give a definition to the European tax law, as the result of the European tax harmonisation, but th...

  6. Department of Energy (DOE) transportation system for nuclear materials and the role of state law enforcement agencies

    International Nuclear Information System (INIS)

    Jones, J.M.; Hoover, T.W.

    1978-01-01

    The Department of Energy has been assigned the responsibility for the safe and secure movement of strategic quantities of government-owned special nuclear material as well as classified material. To accomplish this mission, a transportation system has been developed which takes advantage of advanced technology and other features to reduce vulnerability to terrorists. The system consists of a careful balance of specially-trained personnel, procedures and sophisticated equipment. These, in combination, generally allow the system to be self-sufficient. However, should the need arise, DOE will request assistance from state law enforcement agencies. The primary contact for assistance is the state police or highway patrol. DOE, with the assistance of Sandia Laboratories, has surveyed state police agencies throughout the nation. A data base has been created which includes the results of these surveys and a numerical description of DOE transportation routes. This data base, along with a ''Response'' model developed by Sandia Laboratories, allows projections of officer availability to be made for all of DOE's routes. This paper will describe the DOE Transportation System, the role of state law enforcement agencies in support of the system, the nationwide state policy survey, and the operation of the response computer model

  7. Data derived from constitutive laws for description of shock wave propagation in concrete. Final report

    International Nuclear Information System (INIS)

    Eibl, J.; Ockert, J.

    1994-01-01

    Especially the need to design safe reactor containments, but also the necessity to protect facilities and human beings against impacts induced secondarily by explosions and detonations, demand simulations and design calculations of concrete under shock wave loading. The necessary computer codes are available, but the relevant constitutive laws for concrete with volumetric pressures up to more than 10000 MPa are lacking. Therefore shock wave tests have been carried out to develop such constitutive laws by loading concrete slabs with contact explosions. By the use of hot-molded carbon composition resistors shock waves propagating through the slab were measured. Pressures up to 13900 MPa were registered. Additionally shock wave velocities were determined from the different arrival times of the wave at the gages. By these two measured values and the conservation equations of mass and momentum the needed p-V relationship, the so called Hugoniot-Curve, was established up to 13900 MPa. Using the theory of Mie-Grueneisen and the so called P-α model the Hugoniot-Curve was extended to the equation of state for concrete. In a first step the deviatoric part of the constitutive law was attached from own static experiments considering the existing knowledge of strain rate effects since relevant dynamic tests under extreme loads are not available. With this constitutive law the analysis of the experiments then was backward verified in detail. (orig.) [de

  8. Power-Law-Distributed Dark States are the Main Pathway for Photobleaching of Single Organic Molecules

    OpenAIRE

    Hoogenboom, J.P.; Hoogenboom, Jacob; van Dijk, E.M.H.P.; Hernando Campos, J.; van Hulst, N.F.; Garcia Parajo, M.F.

    2005-01-01

    We exploit the strong excitonic coupling in a superradiant trimer molecule to distinguish between long-lived collective dark states and photobleaching events. The population and depopulation kinetics of the dark states in a single molecule follow power-law statistics over 5 orders of magnitude in time. This result is consistent with the formation of a radical unit via electron tunneling to a time-varying distribution of trapping sites in the surrounding polymer matrix. We furthermore demonstr...

  9. Limitations on the Evolution of Quantum Coherences: Towards Fully Quantum Second Laws of Thermodynamics.

    Science.gov (United States)

    Ćwikliński, Piotr; Studziński, Michał; Horodecki, Michał; Oppenheim, Jonathan

    2015-11-20

    The second law of thermodynamics places a limitation into which states a system can evolve into. For systems in contact with a heat bath, it can be combined with the law of energy conservation, and it says that a system can only evolve into another if the free energy goes down. Recently, it's been shown that there are actually many second laws, and that it is only for large macroscopic systems that they all become equivalent to the ordinary one. These additional second laws also hold for quantum systems, and are, in fact, often more relevant in this regime. They place a restriction on how the probabilities of energy levels can evolve. Here, we consider additional restrictions on how the coherences between energy levels can evolve. Coherences can only go down, and we provide a set of restrictions which limit the extent to which they can be maintained. We find that coherences over energy levels must decay at rates that are suitably adapted to the transition rates between energy levels. We show that the limitations are matched in the case of a single qubit, in which case we obtain the full characterization of state-to-state transformations. For higher dimensions, we conjecture that more severe constraints exist. We also introduce a new class of thermodynamical operations which allow for greater manipulation of coherences and study its power with respect to a class of operations known as thermal operations.

  10. 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....

  11. Veterinarian-Client Communication Skills: Current State, Relevance, and Opportunities for Improvement.

    Science.gov (United States)

    McDermott, Michael P; Tischler, Victoria A; Cobb, Malcolm A; Robbé, Iain J; Dean, Rachel S

    2015-01-01

    Communication is increasingly recognized as a core skill for veterinary practitioners, and in recent years, attention to communication competency and skills training has increased. To gain an up-to-date assessment of the current state of veterinary communication skills and training, we conducted a survey among veterinary practitioners in the United Kingdom and United States in 2012/2013. The questionnaire was used to assess the current state, relevance, and adequacy of veterinary communication skills among veterinary practitioners, to assess interest in further training, and to understand perceived challenges in communicating with clients. There was an overall response rate of 29.6% (1,774 of 6,000 recipients), with a higher response rate for UK-based practitioners (39.7%) than practitioners in the US (19.5%). Ninety-eight percent of respondents agreed that communication skills were as important as or more important than clinical knowledge. Forty-one percent of respondents had received formal veterinary communication skills training during veterinary school, and 47% had received training post-graduation. Thirty-five percent said their veterinary communication skills training during veterinary school prepared them well or very well for communicating with clients about the health of their pets, compared to 61% of those receiving post-graduate training. Forty percent said they would be interested in further veterinary communication skills training, with the preferred methods being simulated consultations and online training. While there has been increased emphasis on communication skills training during and after veterinary school, there is a need for more relevant and accessible training.

  12. Values in global administrative law [essays in honour of Spyridon Flogaitis and Gérard Timsit

    CERN Document Server

    2011-01-01

    Global administrative law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. Focusing in particular on the search for accountability and legitimacy, it carries with it: testing questions about democracy in post-Westphalian society; the meaning of ideas of "publicness" and "public good;" and the global relevance of values that include due process, equality, and fundamental rights. These, and other issues, are key to critiquing the form of governance that now envelops the globe. This collection of essays brings together leading public law scholars who are working in the field of global administrative law. Based on papers presented at a workshop held at Sciences-Po in Paris in late 2008, it addresses past and future challenges related to global governance. Eac...

  13. Some comments on the current (and future status of Muslim personal law in South Africa

    Directory of Open Access Journals (Sweden)

    C Rautenbach

    2004-10-01

    Full Text Available The state law of South Africa consists of the common law and the customary law. However, in reality there exist various cultural and religious communities who lead their private lives outside of state law. For example, the Muslim community in South Africa is a close-knit community which lives according to their own customs and usages. Muslims are subject to informal religious tribunals whose decisions and orders are neither recognised nor reviewable by the South African courts.The non-recognition of certain aspects of Muslim personal law causes unnecessary hardships, especially for women. A Muslim woman is often in a "catch two" situation. For example, on the one hand her attempts to divorce her husband in terms of Muslim law may be foiled by the relevant religious tribunal and, on the other hand, the South African courts may not provide the necessary relief, because they might not recognise the validity of her Muslim marriage. Increasingly, South African courts are faced with complex issues regarding the Muslim community. The last few years there has been a definite change in the courts' attitude with regard to the recognition of certain aspects of Muslim personal law. Contrary to pre-1994 court cases, the recent court cases attempt to develop the common law to give recognition to certain aspects of Muslim personal law. This article attempts to give an overview of the recent case law that dealt with issues regarding the recognition of aspects of Muslim personal law. Another issue, which eventuates from the current situation, is whether the South African legal order should continue to have a dualistic legal order or whether we should opt for a unified legal order or even a pluralistic legal order. In order to address this issue, some comments on the current status of Muslim personal law will be made and, finally, in order to contribute to the debate regarding the recognition of Muslim personal law, optional models for the recognition of Muslim

  14. Causation in the law of state responsibility and the problem of overdetermination : In search for clarity

    NARCIS (Netherlands)

    Plakokefalos, I.

    2015-01-01

    This article addresses the preliminary steps that must be taken in order to study the problems stemming from overdetermination in the law of state responsibility. Overdetermination, broadly defined, is the existence of multiple causes (multiple wrongdoers, external natural causes, contribution to

  15. Effectiveness of media and enforcement campaigns in increasing seat belt usage rates in a state with a secondary seat belt law.

    Science.gov (United States)

    Vasudevan, Vinod; Nambisan, Shashi S; Singh, Ashok K; Pearl, Traci

    2009-08-01

    In 2005, in terms of seat belt usage rates, Nevada ranked third nationally and first among states with secondary seat belt use enforcement laws in the United States. An effective combination of a media-based education and enforcement campaign helped in this regard. The objective of this article is to document the effectiveness of enforcement and media-based education and outreach campaigns on the seat belt usage rates in Nevada, a state with a secondary seat belt usage law. Observational data on seat belt usage and passenger fatality data are used to evaluate the effectiveness of enforcement campaigns and media-based education and outreach campaigns. Data based on observations of about 40,000 vehicles in each of the years 2003 to 2005 were analyzed. Statistical analyses show that a significant increase in seat belt usage rates among both drivers and passengers for both genders resulted from the accompanying the media and enforcement campaigns. The results from this study indicate that effective and well-planned media/enforcement campaigns can have a significant impact on seat belt usage rates even in a state where the enforcement of seat belt laws can only be as a secondary violation. They validate and expand on findings from other efforts documented in the literature. These results demonstrate that, if coordinated properly, media and enforcement campaigns work very effectively in increasing seat belt usage rates even in states with secondary seat belt laws.

  16. Contesting sharia: state law, decentralization and Minangkabau custom

    OpenAIRE

    Huda, Yasrul

    2013-01-01

    This book explains how Sharia, commonly called Perda Sharia (Sharia by-law) in Indonesia, was legislated on the provincial, regional and municipal level in West Sumatra. This process began after the government started a decentralization policy in 2000. Although the law of local autonomy prescribes that religious matters are excluded from the authority of local government, the legislation of Sharia by local authorities is justified by the argument that Sharia, in addition to Minangkabau custom...

  17. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

    Undergraduate and graduate physics and chemistry books usually state that combining the gas laws results in the ideal gas law. Leaving the derivation to the students implies that this should be a simple task, most likely a substitution. Boyle's law, Charles's law, and the Avogadro's principle are given under certain conditions; therefore, direct…

  18. Parenting and the workplace: the construction of parenting protections in United States law.

    Science.gov (United States)

    Eichner, Maxine

    2008-08-04

    In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  19. Principles of European Contract Law

    DEFF Research Database (Denmark)

    Lando, Ole; Beale, Hugh

    This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

  20. Nuclear Law Bulletin No. 92 - Volume 2013/2

    International Nuclear Information System (INIS)

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

    2013-01-01

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

  1. Oil spill response issues in Washington State

    International Nuclear Information System (INIS)

    Lempriere, P.R.

    1997-01-01

    Washington State statutes and regulations applicable to oil transport and oil spills were described. Specific provisions of the statutes and regulations and other relevant matters were also discussed. Among these were: (1) Washington State oil spill prevention plans, (2) Washington State oil spill contingency plans, (3) best achievable protection, (4) Intertanko's lawsuit against Washington State, (5) oil spill removal organizations, (6) certificates of financial responsibility in Washington State, (7) extent of potential liability under Washington Law, (8) disposal of cleanup materials, and (9) definition of 'qualified individuals' on marine vessels having the authority to implement removal actions

  2. Towards "Law Education for All": Teaching School Students about the Law in Australia and Pakistan

    Science.gov (United States)

    Vlaardingerbroek, Barend; Traikovski, Louie; Hussain, Irshad

    2014-01-01

    Law-related topics arise in the school curricula of both developed and developing countries. Civics/citizenship education and social studies tend to be the curricular mediums into which law topics are inserted. This paper details law education at school level in Australia (State of Victoria) and Pakistan. The main challenge facing the…

  3. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2003-07-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle; (b) The security principle; (c) The responsibility principle; (d) The permission principle; (e) The continuous control principle; (f) The compensation principle; (g) The sustainable development principle; (h) The compliance principle; (i) The independence principle; (j) The transparency principle; (k) The international co-operation principle

  4. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-06-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  5. Handbook on nuclear law

    International Nuclear Information System (INIS)

    Stoiber, C.; Baer, A.; Pelzer, N.; Tonhauser, W.

    2006-02-01

    The objective of this handbook is to assist States in drafting national legislation that provides an adequate legal basis for pursuing the economic and social benefits of nuclear energy and ionizing radiation. At the outset, therefore, it is important to offer a basic concept of nuclear law. In the light of these basic factors, nuclear law can be defined as: The body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation. Before attempting to identify which special aspects of nuclear law distinguish it from other types of law, it is important to highlight briefly the fundamental reason why a State would decide to make the major effort necessary in order to promulgate such legislation. Simply stated, the primary objective of nuclear law is: To provide a legal framework for conducting activities related to nuclear energy and ionizing radiation in a manner which adequately protects individuals, property and the environment. In light of this objective, it is particularly important that responsible authorities carefully assess their current nuclear energy activities and their plans for future nuclear energy development so that the legislation ultimately adopted is adequate. What are the characteristics of nuclear law that distinguish it from the other aspects of national law? A number of basic concepts, often expressed as fundamental principles, can be mentioned in this regard: (a) The safety principle. (B) The security principle. (C) The responsibility principle. (D) The permission principle. (E) The continuous control principle. (F) The compensation principle. (G) The sustainable development principle. (H) The compliance principle. (I) The independence principle. (J) The transparency principle. (K) The international co-operation principle

  6. Soft law in EU Competition Law and its judicial reception in member states : A theoretical perspective

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

    This work draws from accounts on the nature and legal effects of soft law instruments in EU and international law with the ultimate aim to construct a theoretical framework for recognition of EU competition soft law—guidelines, communications, notices, and the like—in the judicial discourse of

  7. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...

  8. Law Libraries in the Western Region/State of Nigeria.

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

    Reviews the establishment of the Western Regional Ministry of Justice in Nigeria and the subsequent development of law libraries to aid that agency. The functions of the ministry, staffing, and services of the law libraries, and the establishment of a printing office for government publications are described. (5 references) (CLB)

  9. Nuclear Law Bulletin No. 99. Volume 2017/1

    International Nuclear Information System (INIS)

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

    2017-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include: 'Reformed and reforming: Adapting the licensing process to meet new challenges'; 'Reflections on the development of international nuclear law'; and 'Facing the challenge of nuclear mass tort processing'

  10. Typicality of Incest in Common-law Marriages

    Directory of Open Access Journals (Sweden)

    Yor Alexander Casas Villamizar

    2015-04-01

    Full Text Available This article shows the way Law 54 of 1990 defined common-law marriage in Colombia. Legally, common-law marriage is a way to constitute a family through natural ties. This family is expressed in the Superior Statute, which establishes this union as the essential core of the society, acquiring integral quality within the social state of law and forcing the State and the society to protect it as a legal right by means of the Criminal Law. Incest –understood as carnal knowledge or other sexual act with a predecessor, descendant, adoptive parent, or sibling– destabilizes and imperils the family institution. Common-law marriages composed by incestuous relatives are a punishable behavior and not a marital estate.

  11. «I speak generally of Law». Law, Laws and Courts in the Dialogue of Thomas Hobbes

    Directory of Open Access Journals (Sweden)

    Mario Piccinini

    2014-12-01

    Full Text Available Analyzing the Dialogue between a Philosopher and a Student of the Common Laws of England by Thomas Hobbes, the essay traces the historical tradition and the reasons for its secular underestimation. The Hobbesian text is placed within the history of English law and the controversies that accompanied and followed the revolution of 1640. It is then compared with the political works of Hobbes, showing how the silence of the law is gradually replacing the state of nature as image of the death of the Commonwealth. The Dialogue proves to be a firm position in favor of an universal and equal capacity to understand what the law is. This latter is the product of the will of a sovereign, who however is the institutionalization of the authorization of the individuals who constitute it.

  12. Diverse cultures and official laws: multiculturalism and Euroscepticism?

    Directory of Open Access Journals (Sweden)

    Esin Örücü

    2010-11-01

    Full Text Available Normative pluralism refers to a social fact: the co-existence of different bodies of norms within the same social space. State legal pluralism indicates a single overarching national legal system but plural laws, the state recognising different rules for specific categories of persons. However, the equating of multiculturalism and legal pluralism with state law is challenged. In the modern unitary nation state of the Western type only a weak version of legal pluralism in which state centralism still prevails is acceptable. Below it is advanced that in this state the accommodation of cultural diversity and multiple normative orders can only be brought about by the judge, the tuner or the navigator and steersman of the law, by using discretion and creative interpretation and not by the legislators, whose main demarcation lines are clearly drawn within domestic law by the Constitution, and within Europe and within the EU by the demands of human rights and 'ever closer integration'. In both of the critical illustrations below - the equality of the spouses in Turkish family law and the General Principles of the CEFL on divorce and maintenance - more scope should be given to judges to cope with and to create the necessary 'fit' between law and culture that do not coincide.

  13. Modeling road traffic fatalities in India: Smeed's law, time invariance and regional specificity

    Directory of Open Access Journals (Sweden)

    Raj V. Ponnaluri

    2012-07-01

    Full Text Available Mathematical formulations linking road traffic fatalities to vehicle ownership, regional population, and economic growth continue to be developed against the backdrop of Smeed and Andreassen models. Though a few attempts were made, Smeed's law has not been fully tested in India. Using the 1991–2009 panel data from all states, this work (a developed the generalized Smeed and Andreassen models; (b evaluated if traffic fatalities were impacted by structural changes; and (c examined if – in relation to the generalized model – the individual (time and regional models are more relevant for application. Seven models (Smeed: original, generalized, time-variant, state-variant; and Andreassen: generalized, time-variant, state-variant were developed and tested for fit with the actual data. Results showed that the per vehicle fatality rate closely resembled Smeed's formulation. Chow-test yielded a significant F-stat, suggesting that the models for four pre-defined time-blocks are structurally different from the 19-year generalized model. The counterclockwise rotation of the log-linear form also suggested lower fatality rates. While the new government policies, reduced vehicle operating speeds, better healthcare, and improved vehicle technology could be the factors, further research is required to understand the reasons for fatality rate reductions. The intercept and gradients of the time-series models showed high stability and varied only slightly in comparison to the 19-year generalized models, thus suggesting that the latter are pragmatic for application. Regional formulations, however, indicate that they may be more relevant for studying trends and tendencies. This research illustrates the robustness of Smeed's law, and provides evidence for time-invariance but state-specificity.

  14. Constitutional Law--State Action--Hiring and Promotion Practices of Private University Receiving Public Funds Held State Action--Braden v. University of Pittsburgh.

    Science.gov (United States)

    New York University Law Review, 1977

    1977-01-01

    In Braden vs University of Pittsburgh, a female professor filed suit against the University alleging sex discrimination in employment practices. The professor alleged that the school, which received state funds, was, in effect, a state actor and subject to constitutional restraints. This case and two relevant state action cases are discussed. (JMD)

  15. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

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

  16. 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.

  17. Technical standards in the law of technical safety

    International Nuclear Information System (INIS)

    Marburger, P.

    1985-01-01

    Technical standards are of great importance for the closer definition of inexact terms of law, for instance ''generally accepted technical rules'', ''state of the art'', ''state of science and technology'' or similar normative terms, in the law of technical safety. The paper discusses with whom the authority for regulating this sector of law rests, deals with the different ways of how technical standards are used by the law (''anticipated expert opinion'', reference to such standards in law and administration) and points out demands on the procedure of standardization. (orig.) [de

  18. Parenting and the workplace: The construction of parenting protections in United States law

    Directory of Open Access Journals (Sweden)

    Eichner Maxine

    2008-08-01

    Full Text Available Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA and the Family and Medical Leave Act (FMLA. Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  19. Is the State of Indonesia In Charge to Provide Law Protection to the Indonesian Migrant Workers ?

    Science.gov (United States)

    Rahayu, D.

    2018-01-01

    Right to work is assured in the regulation of 1945 Constitution (amendment) Article 28 D Clause (2) mandating that every person deserves to work and in return they get wages, fair and proper treatment in the relation of employment. Working as migrant worker is accessible job opportunity, especially to people who have low education and skill with promising income. Many case facedto the migrant worker. It is necessary to analyze how the state’s position in providing protection to its citizens experiencing problems overseas. Country has the right to protect its citizens overseas and to intervene diplomatically. It cannot provide direct protection because if there is a criminal act committed by Migrant Worker of Indonesia, then the applicable law is the law of country where the Migrant Worker works. The actual protection is to make bilateral agreements with the destination country. Law No 39 Year 2004. Article 77 regulates the right to obtain protection from pre-placement, placement period to post-placement. Employment or the right to work is one of human rights that is the right to social freedom, namely the right to meet the basic needs. Regarding the legal protection for women migrant workers, the relevant human rights theory used is the natural rights theory because the right to work in this case is the right that every human being possesses

  20. 32 CFR 935.20 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating to...

  1. 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

  2. State Administrative Legal Review on the Bill of Retraction Law of Corrupted Assets in Eradication Effort of Corruption in Indonesia

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

    Full Text Available Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003, Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption.

  3. 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.

  4. Get Kids Interested in the Law before the Law Gets Interested in Them.

    Science.gov (United States)

    Thomas, R. Murray; Murray, Paul V.

    1983-01-01

    Many children do not know enough about the law to make wise judgments about their behavior. Educational strategies for teaching about lawbreaking and its consequences are presented. Six laws commonly broken by young people are described, first in legal terms and then stated more simply. Case histories follow. (PP)

  5. 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...

  6. 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...

  7. 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.

  8. 49 CFR 1542.217 - Law enforcement personnel.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1542.217 Section 1542... Law enforcement personnel. (a) Each airport operator must ensure that law enforcement personnel used... the criminal laws of the State and local jurisdictions in which the airport is located— (1) A crime...

  9. 12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

  10. Nuclear Law Bulletin No. 96. Volume 2015/2

    International Nuclear Information System (INIS)

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

    2015-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Treaty implementation applied to conventions on nuclear safety' and 'Crisis, criticism, change: Regulatory reform in the wake of nuclear accidents'. (authors)

  11. 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.

  12. Human Rights Arrangement on Indonesian Law

    Directory of Open Access Journals (Sweden)

    S. Masribut Sardol

    2014-01-01

    Full Text Available Article 1 paragraph (3 of the Constitution of 1945 (UUD 1945 stated that Indonesia is a Rule of Law. One feature of the Rule of Law is the existence of human rights in the state administration. Indonesia, since independence on August 17, 1945 has asserted the defense of human rights as stated in the opening clause and in the torso of the 1945 Constitution Article 27-34. In the era of reform, on the Government of President Habibie, the President and the Parliament ratified the UN convention against torture and other cruel, inhuman, or degrading human dignity into Law number 5 of 1998. Then the MPR also publishes the statutes of MPR No. XVII/MPR/1998 on Human Rights, which was followed up with the appearance of Law No. 39 of 1999 on human rights. In accordance with the law in Indonesia based on the sort of Law No. 12 of 2011, the actual products that have been issued by the Government (the MPR, DPR and President that follow up the substance of Human Rights in the Constitution with established Assembly and the law is already correct. But when the MPR then does the second amendment to the Constitution on August 18, 2000 by adding a special article chapters and contains about Human Rights (as mentioned in Chapter X-A section 28 A-J, have made the complexity hierarchy of law in Indonesia because it is not in accordance with the substance of article 7 of Law No. 12 of 2011. How To Cite: Sardol, S. (2014. Human Rights Arrangement on Indonesian Law. Rechtsidee, 1(1, 85-100. doi:http://dx.doi.org/10.21070/jihr.v1i1.105

  13. The Causal Connection Between Disc and Power-Law Variability in Hard State Black Hole X-Ray Binaries

    Science.gov (United States)

    Uttley, P.; Wilkinson, T.; Cassatella, P.; Wilms, J.; Pottschimdt, K.; Hanke, M.; Boeck, M.

    2010-01-01

    We use the XMM-Newton EPIC-pn instrument in timing mode to extend spectral time-lag studies of hard state black hole X-ray binaries into the soft X-ray band. \\Ve show that variations of the disc blackbody emission substantially lead variations in the power-law emission, by tenths of a second on variability time-scales of seconds or longer. The large lags cannot be explained by Compton scattering but are consistent with time-delays due to viscous propagation of mass accretion fluctuations in the disc. However, on time-scales less than a second the disc lags the power-law variations by a few ms, consistent with the disc variations being dominated by X-ray heating by the power-law, with the short lag corresponding to the light-travel time between the power-law emitting region and the disc. Our results indicate that instabilities in the accretion disc are responsible for continuum variability on time-scales of seconds or longer and probably also on shorter time-scales.

  14. Images of welfare in law and society: the British welfare state in comparative perspective.

    Science.gov (United States)

    Wincott, Daniel

    2011-01-01

    Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.

  15. A study on the issues and improving directions of the rules related radiologic technologist in medical law

    International Nuclear Information System (INIS)

    Lim, Chang Seon

    1994-01-01

    According to the astonishing progress of medical science, the medical roles of the radiologic technologist are increasing gradually and specializing highly. However, there are the wide disagreements the actual roles of the radiologic technologists at clinics and the relating rules of the medical law. Therefore, it is required that the medical law should be corresponded with the actual state. To solve these problems. This study has proceeded to make the survey of the present medical law and has tried to offer the most suitable theories to the actual state. This study includes the survey of relevant professional literatures. The major contents of this study are as follows. First, medical technician is written (in Chinese character) at the present medical technician law, and that word is written wrong. So, it should be replaced with Therefore, radiologic technologist should be written Second, the relations between the doctor and the radiologic technologist should be written the 'request or other words' instead of 'direction' Third, in spite of the rules of the present medical law, the medical act of radiologic technologist at clinics should be belonging to the boundary of medical practice. Forth, to present the appropriate medical service to the patients, legal status of radiologic technologist as a member of medical team should be established. Fifth, it is desired that Magnetic Resonance Imaging Technology as a business of radiologic technologist should be provided for in the medical law

  16. Competition Law and the Nuclear Sector: An EU Outlook

    International Nuclear Information System (INIS)

    Sousa Ferro, M.

    2010-01-01

    Competition law essentially aims at preventing harmful distortions of competition in the market which may be caused by agreements between companies, by the abusive behaviour of dominant companies, by structural changes in the market due to mergers or by state aid.1 However, often such practices and measures are actually necessary to render certain services viable, to obtain new or better products, to pursue other policies for the greater benefit of the collective, etc. Occasionally, this raises interesting issues in the nuclear sector. This paper aims to provide European competition law practitioners with a summary of the leading legal issues and precedents in this domain, alerting them to relevant specifics. It also aims to introduce nuclear lawyers to the reality and potential of antitrust enforcement in this sector. For the purposes of this paper, the 'nuclear sector' shall be broadly defined so as to include any activity which, given its link to nuclear energy or to ionizing radiation, is (at least partially) subject to special regulation under nuclear law. While many nuclear-related activities will not, in principle, require a special analysis beyond the usual parameters of competition law enforcement, others present distinct challenges to practitioners. Some of these challenges are specific to the European legal order and justify the restriction of the scope of this analysis to the European Union. That being said, the extensive harmonization of the national competition law of member states, as well as the fact that national competition authorities are required to enforce EU competition law, makes it advisable to look simultaneously at European-wide and national antitrust enforcement. The relationship between EU competition law and the nuclear sector remains somewhat shrouded in mystery - perhaps excessively so. The issue has been tackled to some extent in general works on competition law and energy law. As one would expect, research developed in the framework

  17. The state of enforcement of the Law Concerning Prevention from Radiation Hazards Due to Radioisotopes, etc

    International Nuclear Information System (INIS)

    1978-01-01

    In recent years, the uses of radioisotopes and radiation generators have advanced remarkably in Japan. The establishments utilizing them are on rapid increase in industries, medicine, research and education. Furthermore, since the types of usage are more diversified, the kinds of radioisotopes and their quantities are also increasing. In this connection, The Law Concerning Prevention from Radiation Hazards Due to Radioisotopes, etc. has been in force for about twenty years. Under the current situation in this field, importance of the administration concerning enforcement of The Law is ever rising. In the Science and Technology Agency, in view of the occurrence of accidents in certain enterprises, starting in fiscal 1974, various measures have been taken. As the state of enforcement of The Law, the following matters are presented; the establishments using, selling and disposing of radioisotopes, etc. up to fiscal 1977 (in tables); and variety of governmental measures taken by the Agency. (Mori, K.)

  18. Mandatory Vaccinations: Precedent and Current Laws

    National Research Council Canada - National Science Library

    Welborn, Angie A

    2005-01-01

    This report discusses the history legal precedent for mandatory vaccination laws and provides a brief overview of state laws that require certain individuals or populations to be vaccinated against...

  19. Licences issued under environmental law in international private and procedural law

    International Nuclear Information System (INIS)

    Kohler, C.

    1991-01-01

    The paper examines the following points in connection with claims for compensation and to protection against abridgement of legal rights involving foreign persons or legal entities: - The limits set by international law to national judicial authority, - the international competence of courts, i.e. under which conditions national courts can have jurisdiction in cases involving foreign persons or legal entities, - the applicable law, and finally the question of - under which conditions judgements of the judiciary state must be observed abroad and foreign judgements must be observed in the judiciary state, i.e. acknowledged and executed. In the case of impairments of the environment the particular problem arises of the effect of licences issued under public law. The paper discusses the former practice, the qualification, the ways of observing the legal rules governing licences and their effects, and the question as to the unconditional enforcement of national licences against foreign affected parties. (HSCH) [de

  20. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Management Program. Revision 5

    International Nuclear Information System (INIS)

    1984-09-01

    This updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. In general, the information in this report is accurate as of 31 August 1984

  1. SOCIAL PRACTICE PERFORMED BY BALINESE SCULPTORS IN DISTRICTS OF UBUD AND SUKAWATI TO PRY INTO THE LAW OF PHORNOGRAPHY

    Directory of Open Access Journals (Sweden)

    I Ketut Sudita

    2013-02-01

    Full Text Available Balinese sculptors in districts of Ubud and Sukawati, Gianyar, Bali pry into the Law of Pornography. Those who agree state that the law is needed to maintain the morality which has been getting worse, and those who disagree state that it may emasculate their freedom and creativities. This study gives answers to (1 what social practices were performed by the Balinese sculptors to pry into the Law of Pornography?, (2 why did they pry into the application of the law?, and (3 what was the meaning of their prying? Several relevant critical theories such as the theory of structuration, the theory of hegemony, and the theory of aesthetics were eclectically used in this study. The data needed were collected through observation, in-depth interview, documentation study, and library research. The result of the study showed that the Balinese sculptors showed their resistance to the application of the law by making adaptation, changing profession, and still producing pornographic works. The sanction which might be imposed upon them, the consumers of pornographic works decreased, and they were eliminated from exhibitions scared them when they pried into the law. What they did could not be separated from economic, political, ideological, moral, and ethic factors. The meaning of their prying was that it caused them to lose their idealism, their consumers went down, and the number of pornographic works dropped as well.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2013-07-01

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

  3. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-11-25

    ... Law A meeting of the Department of State's Advisory Committee on International Law will take place on... Law School (Frederick Lawrence Student Conference Center), 2000 H Street NW., Washington, DC. Acting... Director, Advisory Committee on International Law, United States Department of State. [FR Doc. 2013-28232...

  4. 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...

  5. Highly excited bound-state resonances of short-range inverse power-law potentials

    Energy Technology Data Exchange (ETDEWEB)

    Hod, Shahar [The Ruppin Academic Center, Emeq Hefer (Israel); The Hadassah Academic College, Jerusalem (Israel)

    2017-11-15

    We study analytically the radial Schroedinger equation with long-range attractive potentials whose asymptotic behaviors are dominated by inverse power-law tails of the form V(r) = -β{sub n}r{sup -n} with n > 2. In particular, assuming that the effective radial potential is characterized by a short-range infinitely repulsive core of radius R, we derive a compact analytical formula for the threshold energy E{sub l}{sup max} = E{sub l}{sup max}(n, β{sub n}, R), which characterizes the most weakly bound-state resonance (the most excited energy level) of the quantum system. (orig.)

  6. In-medium scaling law and electron scattering from high-spin states in 208Pb

    International Nuclear Information System (INIS)

    Arias de Saavedra, F.; Lallena, A.M.

    1994-01-01

    The effects of the environment modifications in the structure of the low-lying high-spin states of 208 Pb are studied by analyzing how the in-medium scaling law works on the excitation energies, wave functions, and electron scattering form factors corresponding to these states. It is shown that the consideration of f π * in addition to the effective ρ-meson mass does not affect too much most of the states analyzed. However, some of them appear to be extremely sensitive to its inclusion in the residual nucleon-nucleon interaction. As a result, a value of m ρ * /m ρ ∼f π * /f π ∼0.91 gives a good description of the (e,e') form factors of these particular states without any quenching factor. This value is in agreement with the one found for 48 Ca in a similar analysis performed in a previous work

  7. The independent Baltic states: Maritime law and resource management implications

    International Nuclear Information System (INIS)

    Canfield, J.L.

    1993-01-01

    The achievement of independence by the Baltic states impacts nearly all aspects of the maritime law and resource management regimes appertaining to the Baltic Sea. The unique position of these states, given their maritime history and role as a bridge between East and West, warrants reconsideration. The Baltic Sea basin is among the most highly industrialized shorelines in the world, accounting for approximately 15% of world industrial output, and is relatively dense in population. Large quantities of pollutants water its waters by way of industrial, agricultural, and municipal waste. A lack of adequate sewage treatment accounts for much of the waste. The Baltic is also especially sensitive to oil pollution as the relatively cold water inhibits bacteriological breakdown. Important issues of maritime border delimitation, treaty devolution, and the potential for reinstitution of exclusionary regimes reappeared with the attainment of independence. Further, the legacy of Soviet maritime environment and resource management has engendered fundamental political, social, and economic conflicts for which resources and effective management structures are lacking. The competing requirements of economic development, reintegration into Western markets, and management of critical marine resources highlights the need for comprehensive and regionally focused approaches to the problems identified

  8. 22 CFR 221.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 221.43 Section 221.43 Foreign... Administration § 221.43 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United...

  9. 32 CFR 537.5 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

  10. Twentieth Century Internationalism in Law

    DEFF Research Database (Denmark)

    Spiermann, Ole

    2007-01-01

    , i.e., doubt and insecurity about international law and its basis. Rather than facilitating international law as a practical discipline, a superfi cial understanding of internationalism reinforced fetishisms of the discipline's theoretical past, not least the axiom that states only are proper...

  11. On the violation of the exponential decay law in atomic physics: ab initio calculation of the time-dependence of the He-1s2p24P non-stationary state

    International Nuclear Information System (INIS)

    Nicolaides, C.A.; Mercouris, T.

    1996-01-01

    The detailed time dependence of the decay of a three-electron autoionizing state close to threshold has been obtained ab initio by solving the time-dependent Schrodinger equation (TDSE). The theory allows the definition and computation of energy-dependent matrix elements in terms of the appropriate N-electron wavefunctions, representing the localized initial state, Ψ O , the stationary scattering states of the continuous spectrum, U( e psilon ) , and the localized excited states, Ψ n , of the effective Hamiltonian QHQ, where Q ''ident to'' |Ψ O > O |. The time-dependent wavefunction is expanded over these states and the resulting coupled equations with time-dependent coefficients (in the thousands) are solved to all orders by a Taylor series expansion technique. The robustness of the method was verified by using a model interaction in analytic form and comparing the results from two different methods for integrating the TDSE (appendix B). For the physically relevant application, the chosen state was the He - 1s2p 24 P shape resonance, about which very accurate theoretical and experimental relevant information exists. Calculations using accurate wavefunctions and an energy grid of 20.000 points in the range 0.0-21.77 eV show that the effective interaction depends on energy in a state-specific manner, thereby leading to state-specific characteristics of non-exponential decay over about 6 x 10 4 au of time, from which a width of Γ = 5.2 meV and a lifetime of 1.26 x 10 -13 s is deduced. The results suggest that either in this state or in other autoionizing states close to threshold, NED may have sufficient presence to make the violation of the law of exponential decay observable. (Author)

  12. Constitutional Law Fundamentals of the State Administration of the Social Sphere in the Republic of Kazakhstan

    Science.gov (United States)

    Khamzin, Amangeldy Sh.; Khamzina, Zhanna A.; Oryntayev, Zhambyl K.; Alshurazova, Raushan A.; Sherimkulova, Gulbanu D.; Yermukhametova, Saulegul R.

    2016-01-01

    The study deals with a comprehensive analysis of constitutional fundamentals of state administration of the social sphere in the Republic of Kazakhstan. The content of the constitutional law social sphere institution is unfolded by means of the inter-sectoral analysis of legal regulations of which it consists and the inter-disciplinary study of…

  13. Hostile Environment? The Development of Sexual Harassment Law in the United States 1971-1991

    OpenAIRE

    Coukos, Pamela

    2011-01-01

    AbstractHostile Environment?The Development of Sexual Harassment Law in the United States 1971 - 1991by Pamela CoukosDoctor of Philosophy in Jurisprudence and Social PolicyUniversity of California, BerkeleyProfessor Lauren B. Edelman, ChairHow did the sexual harassment litigation campaign succeed in defining a new antidiscrimination principle in the midst of the Reagan-era backlash against civil rights? In 1986, the U.S. Supreme Court definitively established sexual harassment as a violation...

  14. 76 FR 77584 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-12-13

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

  15. Competing Transnational Regimes under WTO Law

    Directory of Open Access Journals (Sweden)

    Carola Glinski

    2014-02-01

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

  16. 22 CFR 230.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 230.16 Section 230.16 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of...

  17. EMERGING COMMON LAW DECISIONS IN GOODWILL ACCOUNTING REGULATION

    Directory of Open Access Journals (Sweden)

    Radu-Daniel LOGHIN

    2014-06-01

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

  18. 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

  19. Nuclear Law Bulletin No. 98. Volume 2016/2

    International Nuclear Information System (INIS)

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

    2016-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Strengthening the international legal framework for nuclear security: Better sooner rather than later'; 'Brexit, Euratom and nuclear proliferation'; and 'McMunn et al. v Babcock and Wilcox Power Generation Group, Inc., et al.: The long road to dismissal'

  20. The Cambridge Companion to International Law

    Directory of Open Access Journals (Sweden)

    Achmad Gusman Siswandi

    2014-08-01

    Full Text Available ABSTRAK This book provides a thorough introduction to international law in a way that is rather unique compared to similar references. The subject matteris divided in a more concise way, while still giving rich perspective as it covers not only theories but also case studies and practices. This book consists of four parts, namely: the contexts of international law; international law and the state; techniques and arenas; and projects of international law.

  1. Defining the Crime of Enforced Disappearance in Conformity with International Criminal Law: a New Frontier for Bangladesh

    Directory of Open Access Journals (Sweden)

    Md. Raisul Islam Sourav

    2015-12-01

    Full Text Available Enforced disappearance is regarded as a state-sponsored heinous international crime and has recently emerged as a wide-spread issue in Bangladesh. The political opposition is currently the main target of forced disappearances, though apolitical citizens have also been targeted. Most of the incidents are unsolved and law enforcement agencies have repeatedly denied their involvement. Internationally, the UN Convention for the Protection of All Persons from Enforced Disappearance was opened for signature in 2007 and entered into force in 2010. The convention’s purpose is to criminalise enforced disappearances across the world and state parties are under an obligation to take necessary actions to stop their occurrence. Despite the cruel reality of forced disappearances in Bangladesh, no law has of yet been adopted to bring national criminal law in line with the convention. The right to life is nevertheless one of the key fundamental rights guaranteed under the Bangladeshi constitution which may be relevant in this context.  Forced disappearances have a disastrous impact on victim’s family as well as important societal implications. Bangladesh should, in this author’s opinion, ratify the convention and must reform national legislation to bring to an end state-sponsored crime. The scope of the issue may otherwise have tremendous consequences for the whole nation.

  2. Area law from loop quantum gravity

    Science.gov (United States)

    Hamma, Alioscia; Hung, Ling-Yan; Marcianò, Antonino; Zhang, Mingyi

    2018-03-01

    We explore the constraints following from requiring the area law in the entanglement entropy in the context of loop quantum gravity. We find a unique solution to the single-link wave function in the large j limit, believed to be appropriate in the semiclassical limit. We then generalize our considerations to multilink coherent states, and find that the area law is preserved very generically using our single-link wave function as a building block. Finally, we develop the framework that generates families of multilink states that preserve the area law while avoiding macroscopic entanglement, the space-time analogue of "Schrödinger's cat." We note that these states, defined on a given set of graphs, are the ground states of some local Hamiltonian that can be constructed explicitly. This can potentially shed light on the construction of the appropriate Hamiltonian constraints in the LQG framework.

  3. Protecting the human right to freedom of expression in international law.

    Science.gov (United States)

    Howie, Emily

    2018-02-01

    Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

  4. The Liability of the Managing Body within the Insolvency Proceedings in Romania: Case-Law Study

    Directory of Open Access Journals (Sweden)

    Rodica Diana Apan

    2015-11-01

    Full Text Available The study aims at identifying the new elements that the Insolvency Code in Romania, Law 85 of 2014, brings in what concerns entailing the liability of the managing body as well as that of other persons having contributed to the debtor's state of insolvency, compared to the previous regulation provided by Law 85 of 2006. The identification of these elements is carried out by making reference to the types of deeds that, following taken legal action, can entail liability and the coverage of the debts by the members of the managing body as well as by other persons having contributed to the debtor's state of insolvency. The analysis of the deeds concentrates around two connected centers of interest: The analysis of the deeds such as they are regulated by the two regulations and the case where for certain deeds there need to be identified the elements of repeatability in the two regulations and then the relevant case-law applicable for the respective deed is analyzed. In conclusion, in this way are identified the case-law variations met by the regulations applicable to the respective deed, in the judgments grounded on Law 85 of 2006. These variations represent landmarks for the regulations comprised by the Romanian Insolvency Code – Law 85 of 2014. Following the analyzed legal precedents – a number of 30 case-law judgments issued by courts of appeal being at the highest level of jurisdiction, there are identified in concreto, the type of acts which may entail the liability of the managing body for the insolvency of the enterprise. Through the present study we aim to guide the local administrators, as well as the future foreign investors who engage in foreign direct investments (FDI in Romania with regard to the liability of the managing body in within the insolvency proceedings.

  5. From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily

    This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis...

  6. 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.

  7. State Laws Regarding Indoor Public Use, Retail Sales, and Prices of Electronic Cigarettes - U.S. States, Guam, Puerto Rico, and U.S. Virgin Islands, September 30, 2017.

    Science.gov (United States)

    Marynak, Kristy; Kenemer, Brandon; King, Brian A; Tynan, Michael A; MacNeil, Allison; Reimels, Elizabeth

    2017-12-15

    Electronic cigarettes (e-cigarettes) are the most frequently used tobacco product among U.S. youths, and past 30-day e-cigarette use is more prevalent among high school students than among adults (1,2). E-cigarettes typically deliver nicotine, and the U.S. Surgeon General has concluded that nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain (2). Through authority granted by the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration (FDA) prohibits e-cigarette sales to minors, free samples, and vending machine sales, except in adult-only facilities (3). States, localities, territories, and tribes maintain broad authority to adopt additional or more stringent requirements regarding tobacco product use, sales, marketing, and other topics (2,4). To understand the current e-cigarette policy landscape in the United States, CDC assessed state and territorial laws that 1) prohibit e-cigarette use and conventional tobacco smoking indoors in restaurants, bars, and worksites; 2) require a retail license to sell e-cigarettes; 3) prohibit e-cigarette self-service displays (e.g., requirement that products be kept behind the counter or in a locked box); 4) establish 21 years as the minimum age of purchase for all tobacco products, including e-cigarettes (tobacco-21); and 5) apply an excise tax to e-cigarettes. As of September 30, 2017, eight states, the District of Columbia (DC), and Puerto Rico prohibited indoor e-cigarette use and smoking in indoor areas of restaurants, bars, and worksites; 16 states, DC, and the U.S. Virgin Islands required a retail license to sell e-cigarettes; 26 states prohibited e-cigarette self-service displays; five states, DC, and Guam had tobacco-21 laws; and eight states, DC, Puerto Rico, and the U.S. Virgin Islands taxed e-cigarettes. Sixteen states had none of the assessed laws. A comprehensive approach that combines state-level strategies to reduce youths' initiation of

  8. Impact of a State Law on Physician Practice in Sports-Related Concussions.

    Science.gov (United States)

    Flaherty, Michael R; Raybould, Toby; Jamal-Allial, Aziza; Kaafarani, Haytham M A; Lee, Jarone; Gervasini, Alice; Ginsburg, Richard; Mandell, Mark; Donelan, Karen; Masiakos, Peter T

    2016-11-01

    To determine physician-reported adherence to and support of the 2010 Massachusetts youth concussion law, as well as barriers to care and clinical practice in the context of legislation. Primary care physicians (n = 272) in a large pediatric network were eligible for a cross-sectional survey in 2014. Survey questions addressed key policy and practice provisions: concussion knowledge, state regulations and training, practice patterns, referrals, patient characteristics, and barriers to care. Analyses explored relationships between practice and policy, adjusting for physician demographic and practice characteristics. The survey response rate was 64% among all responders (173 of 272). A total of 146 respondents who had evaluated, treated, or referred patients with a suspected sports-related concussion in the previous year were eligible for analysis. The vast majority (90%) of providers agreed that the current Massachusetts laws regarding sports concussions are necessary and support the major provisions. Three-quarters (74%) had taken a required clinician training course on concussions. Those who took training courses were significantly more likely to develop individualized treatment plans (OR, 3.6; 95% CI, 1.1-11.0). Physician training did not improve screening of youth with concussion for depression or substance use. Most physicians (77%) advised patients to refrain from computer, telephone, or television for various time periods. Physicians reported limited communication with schools. Primary care physicians report being comfortable with the diagnosis and management of concussions, and support statewide regulations; however, adherence to mandated training and specific legal requirements varied. Broader and more frequent training may be necessary to align current best evidence with clinical care and state-mandated practice. Copyright © 2016 Elsevier Inc. All rights reserved.

  9. Social Media Integration into State-Operated Fusion Centers and Local Law Enforcement: Potential Uses and Challenges

    Science.gov (United States)

    2010-12-01

    NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS Approved for public release; distribution is unlimited SOCIAL MEDIA...DATE December 2010 3. REPORT TYPE AND DATES COVERED Master’s Thesis 4. TITLE AND SUBTITLE Social Media Integration into State-Operated Fusion...technologies, particularly social media, within fusion centers and local law enforcement entities could enable a more expedient exchange of information among

  10. The impact of European Union law on the possibilities of European Union Member States to adapt international tax rules to the business models of multinational enterprises

    NARCIS (Netherlands)

    Douma, S.; Kardachaki, A.

    2016-01-01

    European Union (EU) law has played a key role in enforcing the EU BEPS agenda, while also introducing limits to the application thereof. The European Commission (EC) sees a clear link between aggressive tax planning and competition law. Against this background, EU State aid law has been employed to

  11. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-09-14

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

  12. 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…

  13. Blasphemy in a secular state: some reflections | Fikre | Mizan Law ...

    African Journals Online (AJOL)

    However, the shift observed within the international human rights discourse tends to consider anti-blasphemy laws as going against freedom of expression. The recent Human Rights Committee General Comment No. 34 calls for a restrictive application of these laws for the full realisation of many of the rights within the ...

  14. Nuclear Law Bulletin No. 95. Volume 2015/1

    International Nuclear Information System (INIS)

    2015-01-01

    The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides readers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Entry into force of the Convention on Supplementary Compensation for Nuclear Damage: Opening the umbrella'; 'Towards a new international framework for nuclear safety: Developments from Fukushima to Vienna'; 'Nuclear arbitration: Interpreting non-proliferation agreements'. Other chapters deal with case laws, legislative and regulatory activities, intergovernmental organisation activities, and documents and legal texts

  15. Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study.

    Science.gov (United States)

    Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N

    2014-11-18

    To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.

  16. Using information technology to help business students learn about contract law

    Directory of Open Access Journals (Sweden)

    John S. Edwards

    1995-12-01

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

  17. 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

  18. Building a stronger framework of nuclear law. The IAEA's legislative assistance services

    International Nuclear Information System (INIS)

    Stoiber, C.

    2003-01-01

    The IAEA is publishing a Handbook on Nuclear Law which will provide IAEA Member States with a new resource for assessing the adequacy of their national legal frameworks governing the peaceful uses of nuclear energy; and practical guidance for governments in efforts to enhance their laws and regulations, in harmonizing them with internationally recognized standards, and in meeting their obligations under relevant international instruments. The Handbook responds to the growing demand from many national governments for assistance in the development of nuclear legislation and the need to harmonize their own legal and institutional arrangements with international standards. It also presents concise and authoritative instructional materials for teaching professionals (lawyers, scientists, engineers, health and radiation protection workers, government administrators) on the basic elements of a sound framework for managing and regulating nuclear energy. The Handbook is organized into five general parts: Part I provides a general overview of key concepts in the field: nuclear energy law and the legislative process; the regulatory authority; and the fundamental regulatory activities of licensing, inspection and enforcement. Part II deals with radiation protection. Part Ill covers various subjects arising from nuclear and radiation safety: radiation sources, nuclear installations, emergency preparedness and response, mining and milling, transportation, and waste and spent fuel. Part IV addresses the topic of nuclear liability and coverage. Part V moves to non-proliferation and security related subjects: safeguards, export and import controls, and physical protection. The Handbook also reflects and refers to the extensive range of IAEA Safety Standards covering all fields relevant to peaceful nuclear technology

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

    Science.gov (United States)

    Cheng, W.; Samtaney, R.

    2014-01-01

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

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

    KAUST Repository

    Cheng, W.

    2014-01-29

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

  1. The role of law in decisions to withhold and withdraw life-sustaining treatment from adults who lack capacity: a cross-sectional study.

    Science.gov (United States)

    White, Benjamin P; Willmott, Lindy; Williams, Gail; Cartwright, Colleen; Parker, Malcolm

    2017-05-01

    To determine the role played by law in medical specialists' decision-making about withholding and withdrawing life-sustaining treatment from adults who lack capacity, and the extent to which legal knowledge affects whether law is followed. Cross-sectional postal survey of medical specialists. The two largest Australian states by population. 649 medical specialists from seven specialties most likely to be involved in end-of-life decision-making in the acute setting. Compliance with law and the impact of legal knowledge on compliance. 649 medical specialists (of 2104 potential participants) completed the survey (response rate 31%). Responses to a hypothetical scenario found a potential low rate of legal compliance, 32% (95% CI 28% to 36%). Knowledge of the law and legal compliance were associated: within compliers, 86% (95% CI 83% to 91%) had specific knowledge of the relevant aspect of the law, compared with 60% (95% CI 55% to 65%) within non-compliers. However, the reasons medical specialists gave for making decisions did not vary according to legal knowledge. Medical specialists prioritise patient-related clinical factors over law when confronted with a scenario where legal compliance is inconsistent with what they believe is clinically indicated. Although legally knowledgeable specialists were more likely to comply with the law, compliance in the scenario was not motivated by an intention to follow law. Ethical considerations (which are different from, but often align with, law) are suggested as a more important influence in clinical decision-making. More education and training of doctors is needed to demonstrate the role, relevance and utility of law in end-of-life care. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  2. Out-of-Pocket and Health Care Spending Changes for Patients Using Orally Administered Anticancer Therapy After Adoption of State Parity Laws.

    Science.gov (United States)

    Dusetzina, Stacie B; Huskamp, Haiden A; Winn, Aaron N; Basch, Ethan; Keating, Nancy L

    2017-11-09

    Oral anticancer medications are increasingly important but costly treatment options for patients with cancer. By early 2017, 43 states and Washington, DC, had passed laws to ensure patients with private insurance enrolled in fully insured health plans pay no more for anticancer medications administered by mouth than anticancer medications administered by infusion. Federal legislation regarding this issue is currently pending. Despite their rapid acceptance, the changes associated with state adoption of oral chemotherapy parity laws have not been described. To estimate changes in oral anticancer medication use, out-of-pocket spending, and health plan spending associated with oral chemotherapy parity law adoption. Analysis of administrative health plan claims data from 2008-2012 for 3 large nationwide insurers aggregated by the Health Care Cost Institute. Data analysis was first completed in 2015 and updated in 2017. The study population included 63 780 adults living in 1 of 16 states that passed parity laws during the study period and who received anticancer drug treatment for which orally administered treatment options were available. Study analysis used a difference-in-differences approach. Time period before and after adoption of state parity laws, controlling for whether the patient was enrolled in a plan subject to parity (fully insured) or not (self-funded, exempt via the Employee Retirement Income Security Act). Oral anticancer medication use, out-of-pocket spending, and total health care spending. Of the 63 780 adults aged 18 through 64 years, 51.4% participated in fully insured plans and 48.6% in self-funded plans (57.2% were women; 76.8% were aged 45 to 64 years). The use of oral anticancer medication treatment as a proportion of all anticancer treatment increased from 18% to 22% (adjusted difference-in-differences risk ratio [aDDRR], 1.04; 95% CI, 0.96-1.13; P = .34) comparing months before vs after parity. In plans subject to parity laws, the

  3. THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

    Directory of Open Access Journals (Sweden)

    JEANNETTE IRIGOIN BARRENE

    2018-01-01

    Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

  4. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

    The article analyses the case law of the ECJ on abuse of rights with the aim to determine the extent to which EU law allows Member States and others to take measures to prevent abuse of Community rights...

  5. Doctors, apologies, and the law: an analysis and critique of apology laws.

    Science.gov (United States)

    Wei, Marlynn

    2007-01-01

    This Article analyzes and critiques apology laws, their potential use, and effectiveness, both legally and ethically, in light of the strong professional norms that shape physicians' reaction to medical errors. Physicians are largely reluctant to disclose medical errors to patients, patients' families, and even other physicians. Some states have passed so-called apology laws in order to encourage physicians to disclose medical errors to patients. Apology laws allow defendants to exclude statements of sympathy made after accidents from evidence in a liability lawsuit. This Article examines potential barriers to physicians' disclosure of medical mistakes and demonstrates how the underlying problem may actually be rooted in professional norms-norms that will remain outside the scope of law's influence. The Article also considers other legal and policy changes that could help to encourage disclosure.

  6. [Law for the protection of returned overseas Chinese 7 September 1990].

    Science.gov (United States)

    1990-09-10

    The full text of the Beijing, China law on protection of returned overseas Chinese (ROC) (gui giao 2981 0294) and overseas Chinese families (OCF) (gui giao 0294 4187) is reported as effective on January 1, 1991 and adopted by the 7th National People's Congress Standing Committee on September 7, 1990. There are 22 articles. The 1st 2 articles define the population referred to: ROC are those Chinese who have returned and settled in China. OCF are those who have settled abroad. Family includes parents, children, spouses, brothers, sisters, grandparents, and grandchildren, and other relative receiving longterm support form overseas Chinese (OC). ROC and OCF have the same citizen rights and obligations prescribed in the constitution and other laws. ROC shall be resettled by the state. Concentrations of ROC in an area assures representation in the National People's Congress and people's congresses. ROC and OC have the right to organize social groups; the property of social groups is protected by law. In article 7, the state assures support for ranches and tree farms and school and medical care. Article 8 provides for local government support for investments of ROC, OC and OCF in industry and land commerce. Article 9 indicates government support at all levels for public services; tariffs will be reduced or exempted on donated materials and equipment brought from abroad. Private ownership of houses of ROC and OC is secured in article 10, and compensation is provided if the state appropriates the housing. ROC students and children of ROC and OC children in China are assured of support for education and employment assistance in article 11. Remittances of ROC and OCF received from abroad are protected in article 12. Article 13 secures the right of ROC and OCF to inheritance and gifts from relatives living abroad. ROC and OCF may dispose of overseas property. Article 15 requires examination of departure applications by relevant authorities. Emergency situations are accounted

  7. The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

    Directory of Open Access Journals (Sweden)

    Abdullah Gofar

    2017-07-01

    Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

  8. New definition of the decay law

    International Nuclear Information System (INIS)

    Shirokov, M.I.

    1977-01-01

    Time evolution of unstable states is considered. The usual definition of the decay law is shown to be of a limited application. A more general definition is proposed. The decay law behaviour at long and short times is discussed

  9. 45 CFR 164.412 - Law enforcement delay.

    Science.gov (United States)

    2010-10-01

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

  10. The United States Copyright Law: A Guide for Music Educators

    Science.gov (United States)

    Music Educators Journal, 1978

    1978-01-01

    On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

  11. Technical rules in law

    Energy Technology Data Exchange (ETDEWEB)

    Debelius, J

    1978-08-01

    An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself.

  12. Technical rules in law

    International Nuclear Information System (INIS)

    Debelius, J.

    1978-01-01

    An important source of knowledge for technical experts is the state of the art reflected by catalogues of technical rules. Technical rules may also achieve importance in law due to a legal transformation standard. Here, rigid and flexible reference are controversial with regard to their admissibility from the point of view of constitutional law. In case of a divergence from the generally accepted technical rules, it is assumed - refutably - that the necessary care had not been taken. Technical rules are one out of several sources of information; they have no normative effect. This may result in a duty of anyone applying them to review the state of technology himself. (orig.) [de

  13. 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

  14. Christian Thomasius, the rule of law, and the separation of Church and State

    Directory of Open Access Journals (Sweden)

    John Christian Laursen

    2018-06-01

    Full Text Available Christian Thomasius was above all a professor of jurisprudence who used his legal skills to resolve all sorts of legal, political, and moral problems. In this article we review two of his writings that contributed to his rearticulation of the relations between religion and politics in early modernity. He used the elements of what later became the concept of the rule of law to defend Denis Veiras, author of the Histoire des Sevarambes, against charges of atheism. He also defended the skeptical jurisprudence of Georg Heber as the best instrument for separating church and state and assigning each their proper roles, and made use of theological skepticism to justify excluding the theologians from politics and limit the interventions of princes into religious matters except in cases where the peace of the state was endangered.

  15. 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

  16. 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…

  17. 77 FR 50404 - Electronic Fund Transfers; Intent To Make Determination of Effect on State Laws (Maine and...

    Science.gov (United States)

    2012-08-21

    ... issuer. Thus, for example, a consumer who purchases and uses in New York a gift card that was issued by a... Tennessee relating to unclaimed gift cards are inconsistent with and preempted by the requirements of the... between the EFTA and State law ``relating to,'' among other things, ``expiration dates of gift...

  18. Reexamining the association between child access prevention gun laws and unintentional shooting deaths of children.

    Science.gov (United States)

    Webster, D W; Starnes, M

    2000-12-01

    A previous study estimated that child access prevention (CAP) laws, which hold adults criminally liable for unsafe firearm storage in the environment of children, were associated with a 23% decline in unintentional firearm mortality rates among children. To reassess the effects of CAP laws and more fully examine the consistency of the estimated law effects across states. A pooled time-series study of unintentional firearm mortality among children from 1979 through 1997. Setting. The 50 states and the District of Columbia. All children laws enacted before 1998 were aggregated, the laws were associated with a 17% decline unintentional firearm death rates among children. The laws' effects were not equal across states. Florida's CAP law was associated with a 51% decline; however, there were no statistically significant aggregate or state-specific law effects in the other 14 states with CAP laws. Florida's CAP law-1 of only 3 such laws allowing felony prosecution of violators-appears to have significantly reduced unintentional firearm deaths to children. However, there is no evidence of effects in the other 14 states with CAP laws.

  19. 49 CFR 1546.211 - Law enforcement personnel.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1546.211 Section 1546... § 1546.211 Law enforcement personnel. (a) At airports within the United States not governed by part 1542...) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement...

  20. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

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

  1. Guide to preemption of state-law claims against Class III PMA medical devices.

    Science.gov (United States)

    Whitney, Daniel W

    2010-01-01

    There is a perception that the express preemption holding of the Supreme Court in Riegel v. Medtronic, 552 U.S. 312(2008), immunizes medical device manufacturers from common law personal injury actions involving Class III devices that received FDA clearance under a premarket approval application (PMA). In the aftermath of Riegel, many lawsuits involving Class III PMA devices have been dismissed by district courts applying the new heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Other lawsuits involving Class III PMA devices premised on fraud-on-FDA have been dismissed based on the implied preemption holding of the Supreme Court in Buckman v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001). When these decisions are carefully analyzed together with Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), which found no preemption regarding a Class III device receiving FDA clearance through the 510(k) mechanism, it is apparent that the preemption defense does not apply universally to Class III PMA devices. The overall methodology for framing a non-preempted claim is to first identify conduct which violated the PMA or other specific requirements related to safety or efficacy. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.

  2. Earthquake cycle simulations with rate-and-state friction and power-law viscoelasticity

    Science.gov (United States)

    Allison, Kali L.; Dunham, Eric M.

    2018-05-01

    We simulate earthquake cycles with rate-and-state fault friction and off-fault power-law viscoelasticity for the classic 2D antiplane shear problem of a vertical, strike-slip plate boundary fault. We investigate the interaction between fault slip and bulk viscous flow with experimentally-based flow laws for quartz-diorite and olivine for the crust and mantle, respectively. Simulations using three linear geotherms (dT/dz = 20, 25, and 30 K/km) produce different deformation styles at depth, ranging from significant interseismic fault creep to purely bulk viscous flow. However, they have almost identical earthquake recurrence interval, nucleation depth, and down-dip coseismic slip limit. Despite these similarities, variations in the predicted surface deformation might permit discrimination of the deformation mechanism using geodetic observations. Additionally, in the 25 and 30 K/km simulations, the crust drags the mantle; the 20 K/km simulation also predicts this, except within 10 km of the fault where the reverse occurs. However, basal tractions play a minor role in the overall force balance of the lithosphere, at least for the flow laws used in our study. Therefore, the depth-integrated stress on the fault is balanced primarily by shear stress on vertical, fault-parallel planes. Because strain rates are higher directly below the fault than far from it, stresses are also higher. Thus, the upper crust far from the fault bears a substantial part of the tectonic load, resulting in unrealistically high stresses. In the real Earth, this might lead to distributed plastic deformation or formation of subparallel faults. Alternatively, fault pore pressures in excess of hydrostatic and/or weakening mechanisms such as grain size reduction and thermo-mechanical coupling could lower the strength of the ductile fault root in the lower crust and, concomitantly, off-fault upper crustal stresses.

  3. Hayek, law philosopher

    Directory of Open Access Journals (Sweden)

    Aeon Skoble J.

    2012-01-01

    Full Text Available In this paper we analyze the relationship between Hayek's theory of the state and law and the constitutionalist tradition of the eighteenth and nineteenth centuries, with a focus on Hayek's evolutionists interpretation of the origin of social institutions. I will suggest the specificity of the evolutionist approach in the context of the concept of separation of powers, and especially the functional role of the legal system, and specific emphasis on the role of the judges in the development of law. A key aspect that characterizes Hayek's approach to the theory of law is a strong emphasis on the verge of rationality and, consequently, increased the importance of customary and traditional norms in preserving the rationality of the legal system.

  4. General considerations on the enforcement (application of law

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2016-06-01

    Full Text Available Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.

  5. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-01-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof. Advanced texts often present it either without proof or as a special…

  6. International Law, Cultural Diversity, and The Environment: the Case of the General Forestry Law in Colombia

    OpenAIRE

    Bonilla-Maldonado, Daniel Eduardo; Universidad de los Andes

    2015-01-01

    International law has been repeatedly challenged for its exclusionary character and its imperial uses. These critiques describe many of its structures and dynamics in a precise manner. However, international law may be a useful instrument for protecting the legitimate interests of the States of the Global South in general, and of the distinct social and cultural groups that form them, in particular. Yet, in order to understand international law's potential for emancipation or social resistanc...

  7. Review of a monograph by P. N. Panchenko «State-legal regularities in the history and theory of state and law and criminal law». Moscow: «Jurisprudence» Publishers, 2014. 518 p.

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

    Full Text Available The article analyzes the problem of legislation imperfection in the sphere of normative legal acts adoption as it is studied in the reviewed monograph. The imperfection consists of ignoring the state and legal regularities. The author39s position is discussed that the normativelegal acts should meet not the legislatorsrsquo ambitions but the legitimate interests of citizens and the state. The author emphasizes the practical benefit of those legal measures that are proposed to stabilize the economy. The idea is developed of creating a general theory of crime and the author39s attitude to modern criminology. The author39s attempt is assessed to adjust the criminal law for the strategic challenges facing Russia in different spheres of life. nbsp

  8. The l-mixing cross section of Rydberg states of atomic Rb and the scaling LAW

    International Nuclear Information System (INIS)

    Liu Hong; Chen Aiqiu; Li Baiwen

    1991-01-01

    On the basis of impulse approximate method, a kind of analytical wavefunctions based on a potential model was used to calculate the l mixing cross section of thermal collision of Rydberg states of atomic Rb with rare gas (He, Ne). The results were compared with the experimental results and other theoretical values. These results show that there exists a kind of scaling law for the l mixing cross section of Rydberg alkali atoms

  9. Environment and nuclear law from the lawyer point of view

    International Nuclear Information System (INIS)

    Orol, A.M.

    1978-01-01

    This work has a two-fold purpose: first, to enunciate the characteristics of Environmental and Nuclear Law; and second, to take a glance at the lawyer's interest on these subjects. The beginnings of both subjects are different. Environmental law has evolved slower than Nuclear Law. Nuclear Law presents the following characteristics: strong state intervention, strong international cooperation, emphasis on the prevention of risks, and effective responsibility for nuclear risk. Environmental Law has as characteristics: a constitutional rank, horizontal authority, and diversified risk. A comparison between both laws could be undertaken on: state participation, legislative activity, institutional set up and organization, as well as on public participation through information. (author)

  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. International Responsibility and the Systemic Character of International Law

    Directory of Open Access Journals (Sweden)

    Saganek Przemysław

    2017-12-01

    Full Text Available The question whether international law is a system is one of the modern topics discussed by specialists of international law. The text of P. Saganek poses this question with respect to the rules on international responsibility. The two aims are to establish whether the rules on state responsibility are a system themselves and whether they may prima facie support the idea of international law as such a system. The two prima facie answers are positive. Every violation of international law gives rise to state responsibility if it can be attributed to a state and no circumstance precluding wrongfulness is in place. In this sense the rules on state responsibility form a sub-system supporting the thesis on the systemic nature of international law. On a closer analysis one can encounter several doubts as to both answers. Paradoxically those rules are too ideal, too systemic. The author – without denying the necessity of several if not the majority of the identified rules – refers to a tendency of presenting as law some non-binding documents prepared by expert groups. This is a part of a wider process of ‘paper-law’. In this sense expert groups engage in ‘creating the language’ in which the true subjects of international law are expected to speak.

  12. Royal Decree-Law 12/1982 of 27 August regulating State intervention in the Lemoniz nuclear power plant

    International Nuclear Information System (INIS)

    1982-01-01

    This Royal Decree-Law sets out the conditions of intervention by the State in the achievement of the Lemoniz nuclear power plant with a view to accelerating the work. It sets up an Intervention Council responsible for directing the work which is empowered to take the necessary measures for discharging its duties. (NEA) [fr

  13. Nuclear Law Bulletin No. 93, Volume 2014/1

    International Nuclear Information System (INIS)

    2014-01-01

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

  14. Gemachtes Recht - gegebenes Recht / Made Law - Given Law

    Directory of Open Access Journals (Sweden)

    Lorenz Engi

    2007-08-01

    Full Text Available Das Recht der Moderne ist auf den Begründungsmodus der Positivität umgestellt, und es ist Instrument einer Politik mit weitreichendem Steuerungsanspruch. In Kombination mit einer Steigerung der Umweltkomplexität ergibt sich daraus für das Recht eine starke Belastung. Es wird quantitativ ausgedehnt, an normativer Kraft aber eher ärmer. Als neuer Faktor tritt die Globalisierung der Weltverhältnisse in diese Situation ein. Da das Recht sich globalisieren kann, die Politik aber nur begrenzt (kein Weltstaat, ergeben sich daraus Möglichkeiten der partiellen Wiederabkoppelung des Rechts von der Politik. Das Recht könnte der Politik von politikunabhängigen Legitimationsgrundlagen her verstärkt wieder eigenständig gegenübertreten. Modern law has shifted towards a positivistic mode of reasoning,and is the instrument of a form of politics that claims wide‐ranging rights of control. In combination with an increase of environmental complexity, law is impacted strongly. It is quantitatively extended, thereby losing its normative power. A globalization of world conditions enters the situation as a new factor. As law has the ability to globalize itself, whereas politics can only do so in a limited way (not a world state, possibilities for a partial re‐disengagement of law from politics result from this. Law is now able to face politics more strongly from a basis of legitimization that is independent from politics.

  15. On the relevance of the final ionic state to the (e,2e) TDCS

    International Nuclear Information System (INIS)

    Stefani, G.

    1990-01-01

    The He II n=2 satellite in the He ionisation spectrum is investigated by measuring the angular dependence of the (e, 2e) triple differential cross section (TDCS) in asymmetric geometry for the first time, at moderate momentum transfer (0.8 a 0 -1 ) and low ejected electron energy (20 eV). The generalised oscillator strengths for the transitions to the n=1 and n=2 He II states are derived from the TDCS and their ratio is in fair agreement with a recent close coupling calculation. The experimental angular distribution of the n=2 TDCS shows peculiarities, typical of continuum final-state correlations, which appear to be much more relevant when the final ionic state is the excited one. (author)

  16. Do Pre-Entry Tests Predict Competencies Required to Excel Academically in Law School?: An Empirical Investigation

    Science.gov (United States)

    Wamala, Robert

    2016-01-01

    Purpose: Prospective students of law are required to demonstrate competence in certain disciplines to attain admission to law school. The grounding in the disciplines is expected to demonstrate competencies required to excel academically in law school. The purpose of this study is to investigate the relevance of the law school admission test to…

  17. Environmetal protection within the law relating to regional policy. Anchoring the climatic protection und the protection of biodiversity within the law relating to regional policy; Umweltschutz im Planungsrecht. Die Verankerung des Klimaschutzes und des Schutzes der biologischen Vielfalt im raumbezogenen Planungsrecht

    Energy Technology Data Exchange (ETDEWEB)

    Janssen, Gerold; Albrecht, Juliane [Leibniz-Institut fuer oekologische Raumentwicklung e.V., Dresden (Germany)

    2008-03-15

    The report is concerned with the anchoring of the climate protection within the law relating to regional policy. The report covers the following topics: (1) Fundamentals of planning policy: the regional planning legislation, municipal planning authority, constitutional provisos, environmental protection as constitutional principle; (2) climate protection laws: legal instruments; legal planning relevance of climate protection instruments deficiencies and protective effect; (3) biodiversity protection: laws concerning biodiversity, legal planning relevance of biodiversity protection instruments: deficiencies and protective effects.

  18. Law and Protestantism in Denmark

    DEFF Research Database (Denmark)

    Tamm, Ditlev

    2016-01-01

    This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church....... The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former...... faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582....

  19. Reducing tobacco use and access through strengthened minimum price laws.

    Science.gov (United States)

    McLaughlin, Ian; Pearson, Anne; Laird-Metke, Elisa; Ribisl, Kurt

    2014-10-01

    Higher prices reduce consumption and initiation of tobacco products. A minimum price law that establishes a high statutory minimum price and prohibits the industry's discounting tactics for tobacco products is a promising pricing strategy as an alternative to excise tax increases. Although some states have adopted minimum price laws on the basis of statutorily defined price "markups" over the invoice price, existing state laws have been largely ineffective at increasing the retail price. We analyzed 3 new variations of minimum price laws that hold great potential for raising tobacco prices and reducing consumption: (1) a flat rate minimum price law similar to a recent enactment in New York City, (2) an enhanced markup law, and (3) a law that incorporates both elements.

  20. Capture (or watering the state): The making of law, state, and nature

    DEFF Research Database (Denmark)

    Andersen, Astrid Oberborbeck

    . This paper addresses the law as a liquid technology, an arrangement of ideas, interests, desires, intentions, bureaucratic processes and practices that materialize in concrete encounters and sites of implementation. The paper builds on ethnographic fieldwork carried out in 2011 – 2012, and follow......This paper follows the Peruvian law of water resources of 2009, Ley de Recursos Hídricos 29338, from ideological crafting in the capital of Lima, to practical implementation in institutional practices and encounters with water users, infrastructure and nature in and around the city of Arequipa...... and responsible population. However, the concrete implementation of these ideas reveals encounters where the concepts are being questioned and transformed – in words or in practice – by the population they seek to impact, as well as the officials meant to implement them. In the paper, some of these encounters...

  1. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  2. 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…

  3. Equation of state experiments and theory relevant to planetary modelling

    International Nuclear Information System (INIS)

    Ross, M.; Graboske, H.C. Jr.; Nellis, W.J.

    1981-01-01

    In recent years there have been a number of static and shockwave experiments on the properties of planetary materials. The highest pressure measurements, and the ones most relevant to planetary modelling, have been obtained by shock compression. Of particular interest to the Jovian group are results for H 2 , H 2 O, CH 4 and NH 3 . Although the properties of metallic hydrogen have not been measured, they have been the subject of extensive calculations. In addition recent shock wave experiments on iron report to have detected melting under Earth core conditions. From this data theoretical models have been developed for computing the equations of state of materials used in planetary studies. A compelling feature that has followed from the use of improved material properties is a simplification in the planetary models. (author)

  4. Derivation of the Biot-Savart Law from Ampere's Law Using the Displacement Current

    Science.gov (United States)

    Buschauer, Robert

    2013-12-01

    The equation describing the magnetic field due to a single, nonrelativistic charged particle moving at constant velocity is often referred to as the "Biot-Savart law for a point charge." Introductory calculus-based physics books usually state this law without proof.2 Advanced texts often present it either without proof or as a special case of a complicated mathematical formalism.3 Either way, little or no physical insight is provided to the student regarding the underlying physics. This paper presents a novel, basic, and transparent derivation of the Biot-Savart law for a point charge based only on Maxwell's displacement current term in Ampere's law. This derivation can serve many pedagogical purposes. For example, it can be used as lecture material at any academic level to obtain the Biot-Savart law for a point charge from simple principles. It can also serve as a practical example of the important fact that a changing electric flux produces a magnetic field.

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

    International Nuclear Information System (INIS)

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

    1989-01-01

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

  6. The definition of the sources of the criminal law

    Directory of Open Access Journals (Sweden)

    Анна Суренівна Сохікян

    2016-01-01

    power law. Thus, the sources of criminal law, depending on various criteria (for example, form and content can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal. Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act. In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.

  7. The effect of state dependent mandate laws on the labor supply decisions of young adults.

    Science.gov (United States)

    Depew, Briggs

    2015-01-01

    Prior to the Affordable Care Act, the majority of states in the U.S. had already implemented state laws that extended the age that young adults could enroll as dependents on their parent's employer-based health insurance plans. Because of the fundamental link between health insurance and employment in the U.S., such policies may effect the labor supply decisions of young adults. Although the interaction between labor supply and health insurance has been extensively studied for other subpopulations, little is known about the role of health insurance in the labor supply decisions of young adults. I use the variation from the implementation and changes in state policies that expanded dependent health insurance coverage to examine how young adults adjusted their labor supply when they were able to be covered as a dependent on their parent's plan. I find that these state mandates led to a decrease in labor supply on the intensive margin. Copyright © 2014 Elsevier B.V. All rights reserved.

  8. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  9. On inertial range scaling laws

    International Nuclear Information System (INIS)

    Bowman, J.C.

    1994-12-01

    Inertial-range scaling laws for two- and three-dimensional turbulence are re-examined within a unified framework. A new correction to Kolmogorov's k -5/3 scaling is derived for the energy inertial range. A related modification is found to Kraichnan's logarithmically corrected two-dimensional enstrophy cascade law that removes its unexpected divergence at the injection wavenumber. The significance of these corrections is illustrated with steady-state energy spectra from recent high-resolution closure computations. The results also underscore the asymptotic nature of inertial-range scaling laws. Implications for conventional numerical simulations are discussed

  10. Social-ecological resilience and law

    Science.gov (United States)

    Garmestani, Ahjond S.; Allen, Craig R.

    2014-01-01

    Environmental law envisions ecological systems as existing in an equilibrium state, reinforcing a rigid legal framework unable to absorb rapid environmental changes and innovations in sustainability. For the past four decades, “resilience theory,” which embraces uncertainty and nonlinear dynamics in complex adaptive systems, has provided a robust, invaluable foundation for sound environmental management. Reforming American law to incorporate this knowledge is the key to sustainability. This volume features top legal and resilience scholars speaking on resilience theory and its legal applications to climate change, biodiversity, national parks, and water law.

  11. Benford's law theory and applications

    CERN Document Server

    Miller, Steven J

    2015-01-01

    Benford's law states that the leading digits of many data sets are not uniformly distributed from one through nine, but rather exhibit a profound bias. This bias is evident in everything from electricity bills and street addresses to stock prices, population numbers, mortality rates, and the lengths of rivers. Here, Steven Miller brings together many of the world's leading experts on Benford's law to demonstrate the many useful techniques that arise from the law, show how truly multidisciplinary it is, and encourage collaboration. Beginning with the general theory, the contributors explain t

  12. Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

    Directory of Open Access Journals (Sweden)

    Stanislav E. Kuzmin

    2015-01-01

    Full Text Available The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the

  13. Dyslexia Laws in the USA

    Science.gov (United States)

    Youman, Martha; Mather, Nancy

    2013-01-01

    Throughout the various states of the USA, the appropriate identification of dyslexia and the timely provision of interventions are characterized by variability and inconsistency. Several states have recognized the existence of this disorder and the well-established need for services. These states have taken proactive steps to implement laws and…

  14. How four U.S. states are regulating recreational marijuana edibles.

    Science.gov (United States)

    Gourdet, Camille; Giombi, Kristen C; Kosa, Katherine; Wiley, Jenny; Cates, Sheryl

    2017-05-01

    Sales of edible marijuana products have been strong in Colorado and Washington State since the legalization of recreational marijuana. Initially, these states did not have comprehensive labelling or packaging requirements in place. In response to increases in marijuana-related emergency room visits and poison control centre calls, additional regulations were implemented. Currently, Alaska, Colorado, Oregon, and Washington each have passed into law various labelling and packaging requirements for edibles. This article presents the primary legal research findings of relevant statutes and regulations for edibles in Alaska, Colorado, Oregon, and Washington. These laws were identified by using Boolean terms and connectors searches in these states' legal databases in LexisNexis. Alaska, Colorado, Oregon, and Washington vary greatly in how they regulate labelling and packaging. Colorado, Oregon and Washington require a Universal Symbol to be affixed to edibles, but only Oregon and Washington require that the use of pesticides be disclosed on the label. Only Colorado and Oregon require that the packaging for edibles bear a Nutrition Facts Panel on the label. Δ 9 -Tetrahydracannabinol (THC) in a single serving or single edible product as Alaska and Oregon. All four states prohibit the manufacture or packaging of edibles that appeal to youth. State laws governing recreational marijuana edibles have evolved since the first recreational edible products were available for sale. Alaska, Colorado, Oregon, and Washington now require edible product labels to disclose a variety of product information, including risk factors associated with consumption. However, there still remain concerns about the regulatory gaps that exist in each of these states, inherent difficulties in enforcing laws around the labelling, packaging, and manufacturing of edibles, and the outstanding question of whether these edible laws are actually informing consumers and keeping the public safe. Copyright

  15. The evolution of scientific and technological research and law

    International Nuclear Information System (INIS)

    Frowein, J.A.

    1979-01-01

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

  16. 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.

  17. Supervision in compliance with nuclear law

    International Nuclear Information System (INIS)

    Anon.

    1989-01-01

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

  18. Theories of cause (consideration of contract in the Serbian doctrine of civil law after the adoption of the Law on Obligations

    Directory of Open Access Journals (Sweden)

    Dudaš Atila

    2012-01-01

    Full Text Available The adoption of the Law on Obligations in 1978 can certainly be considered as an event of watershed importance in respect to the analysis of various theoretical points of view on the notion of cause (consideration of contract in the Serbian literature. The fact that it had not been explicitly regulated in Serbian positive law until the adoption of Law had a profound impact on the evolution of doctrine in this period. The range of differing theoretical points of view was very wide, covering essentially all the relevant streams in the doctrine of cause, from the ones accepting it (so-called causalistic theories, through the ones explaining it solely by the notion of exchange of assets (so-called economic theories, to the ones denying its legal significance in any sense (so called anticausalistic theories. The most distinguished authorities in Serbian literature of contract law, who studied the notion of cause of contract in the period until the promulgation of the Law, were Dragoljub Aranđelović, Živojin Perić, Lazar Marković, Andrija Gams, Stevan Jakšić, Vladimir Kapor and Mihailo Konstantinović. The Law on Obligations explicitly regulates the notion of cause of contract as one of the preconditions of validity and effect of a contract, which had a substantial impact on the evolution of doctrine. On the one hand, being an institution of positive law, there is hardly an author who had not devoted some attention to the notion of cause of contract. In this paper the author analyzes the points of view of Stojan Cigoj, Ljubiša Milošević, Živomir Đorđević, Boris Vizner, Martin Vedriš, Želimir Šmalcelj, Jakov Radišić, Slobodan Perović, Jožef Salma and Oliver Antić. On the other hand, the scope of various, often conflicting, theories on cause of contract in Serbian literature shrank. One can recognize a tendency of abandonment of points of view disavowing any legal relevance of cause of contract and the majority of contemporary

  19. Laboratory Test of Newton's Second Law for Small Accelerations

    International Nuclear Information System (INIS)

    Gundlach, J. H.; Schlamminger, S.; Spitzer, C. D.; Choi, K.-Y.; Woodahl, B. A.; Coy, J. J.; Fischbach, E.

    2007-01-01

    We have tested the proportionality of force and acceleration in Newton's second law, F=ma, in the limit of small forces and accelerations. Our tests reach well below the acceleration scales relevant to understanding several current astrophysical puzzles such as the flatness of galactic rotation curves, the Pioneer anomaly, and the Hubble acceleration. We find good agreement with Newton's second law at accelerations as small as 5x10 -14 m/s 2

  20. 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