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Sample records for research raises legal

  1. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  2. Can legal research benefit from evaluation studies?

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2011-01-01

    Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

  3. Legal Research in a Changing Information Environment

    African Journals Online (AJOL)

    tduplessis

    opportunities for research into constitutional issues, constitutional development and the relationship ... Legal research is a fundamental skill in the legal profession.9 Although all areas of law do not require ..... 1999 Legal RSQ 78. 56 In the print information environment lawyers use standard citation formats, e.g. X v Z 1999.

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

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

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

  5. Legal Considerations for International Collaborative Research Contract

    International Nuclear Information System (INIS)

    Lee, D. S.; Oh, K. B.; Kim, H. J.; Lee, J. H.

    2007-01-01

    Though collaborative research is pure academic activity the research plan and resource allocation for the research are shaped under foam of contract. Thus, legal binding effect and compulsive instrument is adopted at the research contract. This paper aimed at guiding equal collaborative research contract in legal aspect. To reach the goal (1) enforceability and elements of international collaborative contract, (2) damage calculation and related issues with those topics shall be discussed in each section

  6. Raising money for scientific research through crowdfunding.

    Science.gov (United States)

    Wheat, Rachel E; Wang, Yiwei; Byrnes, Jarrett E; Ranganathan, Jai

    2013-02-01

    In this article we discuss the utility of crowdfunding from the perspective of individual scientists or laboratory groups looking to fund research. We address some of the main factors determining the success of crowdfunding campaigns, and compare this approach with the use of traditional funding sources. Copyright © 2012 Elsevier Ltd. All rights reserved.

  7. Your Genes, Your Choices: Exploring the Issues Raised by Genetic Research

    Energy Technology Data Exchange (ETDEWEB)

    Baker, C.

    1999-05-31

    Your Genes, Your Choices provides accurate information about the ethical, legal, and social implications of the Human Genome Project and genetic research in an easy-to-read style and format. Each chapter in the book begins with a brief vignette, which introduces an issue within a human story, and raises a question for the reader to think about as the basic science and information are presented in the rest of the chapter.

  8. ELSA for Children Legal Research Report

    DEFF Research Database (Denmark)

    Ó Cathaoir, Katharina Eva

    In order to support the Council of Europe ONE in FIVE Campaign to stop sexual violence against children, to contribute to the protection of children’s rights in Europe and to increase the awareness of law students on the subject, ELSA created a network-wide Legal Research Group (LRG) called ‘ELSA...... for Children’. Throughout 2012, 250 students from 23 countries carried out research on the implementation of European and international instruments protecting children against violence and sexual abuse. The project resulted in a final report compiling national data on the different definitions and legal...

  9. Legal briefs in dental bias case raise issues pivotal to epidemic.

    Science.gov (United States)

    1998-03-20

    The U.S. Supreme Court will hear oral arguments in March that could profoundly alter the way courts, employers, and the medical community deal with HIV. [Name removed] v. [Name removed] raises the issues of whom the law covers, whether health care providers have a choice in treating HIV and AIDS patients or refusing to treat them, and whether the stigma of HIV impedes an infected person's ability to participate in mainstream American life. This is the first time that the Supreme Court will interpret the Americans with Disabilities Act (ADA) and how the case is decided could affect the legal rights of people with other impairments. The case grew out of a dentist's refusal to treat an HIV-positive patient in his office because of the increased risk of contracting the disease. [Name removed] offered to treat [name removed] in a hospital, where infection control procedures are better. [Name removed] sued, relying on the ADA, and prevailed in both Federal district court and the 1st U.S. Circuit Court of Appeals. The Supreme Court asked both sides to discuss the following questions: does the ADA protect all people with HIV, including those with no symptoms, from discrimination; is reproduction a major life activity under the ADA; and should the court defer to the health-care provider's professional judgement for evaluating whether a patient poses a direct threat. [Name removed] argues that an asymptomatic person cannot be disabled under the meaning of the law and cites two celebrities as examples, Earvin "Magic" Johnson and Greg Louganis. [Name removed] argues that the definition of disability under the ADA is intentionally broad to achieve the remedial purpose of enabling Americans with disabilities to live full, independent and economically sufficient lives. The elements of the case, the key players, and the legislative history are reviewed.

  10. Addressing the ethical, legal, and social issues raised by voting by persons with dementia.

    Science.gov (United States)

    Karlawish, Jason H; Bonnie, Richard J; Appelbaum, Paul S; Lyketsos, Constantine; James, Bryan; Knopman, David; Patusky, Christopher; Kane, Rosalie A; Karlan, Pamela S

    2004-09-15

    This article addresses an emerging policy problem in the United States participation in the electoral process by citizens with dementia. At present, health care professionals, family caregivers, and long-term care staff lack adequate guidance to decide whether individuals with dementia should be precluded from or assisted in casting a ballot. Voting by persons with dementia raises a series of important questions about the autonomy of individuals with dementia, the integrity of the electoral process, and the prevention of fraud. Three subsidiary issues warrant special attention: development of a method to assess capacity to vote; identification of appropriate kinds of assistance to enable persons with cognitive impairment to vote; and formulation of uniform and workable policies for voting in long-term care settings. In some instances, extrapolation from existing policies and research permits reasonable recommendations to guide policy and practice. However, in other instances, additional research is necessary.

  11. Legal implications of genetics and crime research.

    Science.gov (United States)

    Denno, D W

    1996-01-01

    Two controversial topics dominate discussions of the legal implications of genetics and crime research; (1) the viability and politics of such research, which has sparked fervent debate in the USA; and (2) the current status of new or atypical criminal law defences, which would include a genetic-defect defence to criminal behaviour. This chapter begins by examining the scientifically discredited XYY chromosome syndrome defence, the major genetic-defect defence that defendants have attempted, albeit unsuccessfully. It then focuses on attorneys' efforts to test for evidence of genetic abnormality in the recent and highly publicized case involving convicted murderer Stephen Mobley, whose family history reveals four generations of violent, aggressive and behaviourally disordered men and women. Mobley is currently appealing his death sentence before the Georgia Supreme Court on the basis that the trial court denied his request both to have genetic testing performed and to have such testing allowed as evidence into court. This chapter concludes by emphasizing that the question is not whether genetic evidence will ever be admitted into court, but when and under what kinds of circumstances. No doubt, genetic evidence, and comparable kinds of biological evidence, will have a major impact on juries when such evidence is more fully accepted by the legal and scientific communities.

  12. Are AustLII and Google Enough for Legal Research?

    Science.gov (United States)

    Fong, Colin

    2006-01-01

    For the past ten years law students, academics and legal practitioners have relied on AustLII and various internet search engines to conduct legal research. The purpose of this article is to examine what these can offer and to note the importance of other websites when conducting legal research. This article is based on an address given to the…

  13. Senior Legal Counsel | IDRC - International Development Research ...

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

    Advises on a range of current legal and business issues impacting IDRC by ... legal and risk management practices, and recommending courses of action to ... in conducting its overseas operations;; advising on new legislation, such as the ...

  14. Legal Coordinator | IDRC - International Development Research ...

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

    Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

  15. Professional, legal, and ethical issues raised by behavioral screening for unescorted access to nuclear power plants

    International Nuclear Information System (INIS)

    Hurst, M.W.; Roiter, W.A.

    1985-01-01

    Potential professional, legal, and ethical liabilities are addressed concerning the overall process for unescorted access at nuclear power plants. The authors suggest means by which action can be taken to reduce liability on behalf of utilities, contractors, and behavioral evaluators. Three main points are discussed based on the authors' experience in conducting behavioral evaluations and defending those evaluations. The authors hope that the process of evaluation screening can become more professional and will be considered with the same quality controls as the selection of materials and the building of a nuclear power plant

  16. Alcohol consumption among high-risk Thai youth after raising the legal drinking age.

    Science.gov (United States)

    Sherman, Susan G; Srirojn, Bangorn; Patel, Shivani A; Galai, Noya; Sintupat, Kamolrawee; Limaye, Rupali J; Manowanna, Sutassa; Celentano, David D; Aramrattana, A

    2013-09-01

    Methamphetamine and alcohol are the leading substances abused by Thai youth. In 2008 the government passed laws that limited alcohol availability and increased the legal drinking age from 18 to 20. We assessed whether the law reduced drinking among methamphetamine-using 18-19 year olds in Chiang Mai. The study compares drinking patterns among methamphetamine smokers aged 18-19 years (n=136) collected prior to the legal changes, to a comparable post-law sample (n=142). Statistical tests for differences between the pre- and post-law samples on problem drinking and recent drinking frequency and drunkenness were conducted. Logistic regression modeled the relative odds of frequent drunkenness, controlling for demographic characteristics. A high prevalence of problematic drinking was present in both samples, with no difference detected. The post-law sample reported a significantly higher median days drunk/month (9 vs. 4, p≤0.01); in adjusted analysis, frequent drunkenness (>5.5 days/month) was more common in the post-law compared to pre-law period in the presence of other variables (AOR: 2.2; 95%CI: 1.3, 3.9). Post-law participants demonstrated a low level of knowledge about the law's components. The study suggests that the new laws did not reduce drinking among high-risk, methamphetamine-smoking 18-19 year olds; rather, the post-law period was associated with increased drinking levels. The data indicate that the law is not reaching high-risk under-aged youth who are at risk of a number of deleterious outcomes as a result of their substance use. Copyright © 2013. Published by Elsevier Ireland Ltd.

  17. The legal ethics of pediatric research.

    Science.gov (United States)

    Coleman, Doriane Lambelet

    2007-12-01

    Since the mid- to late 1990s, the scientific and medical research community has sought to increase its access to healthy children for research protocols that involve harm or a risk of harm. This move reverses longstanding policy within that community generally to exclude healthy children from such protocols on the grounds that the research as to them is non-therapeutic, that they are particularly vulnerable to research-related abuses, and that they are unable themselves to give informed consent to their participation. The research community's new posture has been supported by prominent pediatric bioethicists who have argued that unless healthy children are included as research subjects in harmful or risky research, the pediatric population will continue to suffer relative to the adult population in the extent to which it benefits from modern advances in science and medicine. In their view, it is possible for the research community to self-administer a rule that strikes a balance between protecting healthy children from research-related abuses and allowing their inclusion in cutting-edge pediatric research. In this scheme, parental consent is central to the research community's claims about child protection. This Article explores the flaws inherent in this ethics of pediatric research. Specifically, it challenges the view from ethics that the law permits parents to consent to their children's inclusion in harmful or risky research to the extent that related invasions would meet legal maltreatment standards. More broadly, it challenges the movement to increase access to healthy children for harmful and risky research on the ground that it risks two important regressions: First, in its willingness to risk harm to individual children in the interests of the group, it threatens the progress the law has made in its development of the concept of the child as an individual worthy of respect in his or her own right, a concept that imagines parents as fiduciaries and that

  18. Study of the legal problems raised by the siting of nuclear power stations in artificial islands

    International Nuclear Information System (INIS)

    Hebert, J.; Guieze, J.L.

    1975-01-01

    The creation and operation of a nuclear power station on an artificial island in French waters are governed by domestic law and are subject to two types of procedure: the first concerns erection of the artificial island and the second the control of the public authorities over creation and operation of the nuclear power station. At administrative level, the setting up of an artificial island requires that it be attached to a commune as well as permission for occupancy from the maritime authorities. Furthermore, setting up of a nuclear power station on an artificial island is subject to the licensing procedure for large nuclear installations and to delivery of the licenses required for release of gaseous and liquid radioactive effluents. Given the proximity of the high seas and eventually, the borders of other States, siting of a nuclear power station on an artificial island imposes obligations at international level. These requirements, which concern prevention of transfrontier pollution, stem from the London (1972) and Paris (1974) Conventions on marine pollution. The third party liability regime for a nuclear incident caused by an installation sited in territorial seas is that of the 1960 Paris Convention on third party liability in the nuclear field and the 1963 Brussels Supplementary Convention. Another problem likely to be raised is that of the right of innocent passage of ships near such installations [fr

  19. Research Notes -- Openness and Evolvability -- Legal Assessment

    Science.gov (United States)

    2016-08-01

    against obsolescence in place?............................... 6 2.1.13 Is compliance with shared infrastructures legally enforceable? ....... 6 2.1.14 Is...bundling acceptance criteria and milestone delivery schedules . This may hide the possibility of unpublished coupling being incorporated between bundled...2.1.12 Is legal protection against obsolescence in place? If the standards used by support tools are not open, determine whether contract or similar

  20. Legal Counsel | IDRC - International Development Research Centre

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

    The Legal Counsel assists the Corporate Secretary and General Counsel in advising, and providing support to, Centre management and the Board of Governors on ... This involves providing strategic and tactical advice to, and working as an integral member of, IDRC negotiating teams on particular transactions towards:.

  1. Legal Research Methodology and the Dream of Interdisciplinarity ...

    African Journals Online (AJOL)

    Legal Research Methodology and the Dream of Interdisciplinarity. ... AFRICAN JOURNALS ONLINE (AJOL) · Journals · Advanced Search · USING AJOL ... Whilst the natural sciences employ a mostly empiricist methodology and the human ...

  2. American Legal Realism: Research Programme and Policy Impact

    Directory of Open Access Journals (Sweden)

    Frans L. Leeuw

    2017-12-01

    Full Text Available The article addresses two questions:1. Can Legal Realism be seen as a scientific research programme enabling growth of knowledge? To answer that question, the author uses Lakatos’s  work on the methodology of scientific research programmes as a frame of reference.2. What has been the role of American Legal Realism during the first part of the 20th century in helping to develop and implement the New Deal policy vis-à-vis its scientific work?After outlining some characteristics of American Legal Realism and Lakatos’s concept, the author studies LR from this perspective and concludes that LR can at the maximum be seen as a research programme of a very rudimentary nature with largely only a focus on procedures/methods. Despite this conclusion, LR has been important in stimulating questions in which social science research and law came together. Next, the professor-realist-relationship that helped President Roosevelt to have his New Deal developed and implemented is also discussed. A downside of this ‘professor-realist-advisor-partnership’ may have been that a LR scientific research programme has not been developed. Given the increased visibility of New Legal Realism, the paper finally stresses the relevance of working with scientific research programmes and the importance of being on the alert when linking research to (legal policies.

  3. Legal framework for e-research : realising the potential

    CERN Document Server

    2008-01-01

    Legal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative...

  4. Questions raised over future of UK research council

    Science.gov (United States)

    Banks, Michael

    2010-02-01

    Five senior physicists have written to the UK science minister, Lord Drayson, about the "dismal future" for researchers in the country in the wake of a £40m shortfall in the budget of the Science and Technology Facilities Council (STFC). The physicists, who chair the STFC's five advisory panels, have also called for structural reforms to be made to the council. They warn that unless the government takes action to reverse the situation, the UK will be "perceived as an untrustworthy partner in global projects" and predict that a brain drain of the best UK scientists to positions overseas will ensue.

  5. IT in legal practice : research in progress

    NARCIS (Netherlands)

    Van der Wees, Leo; Huysman, Marleen

    1994-01-01

    A research project initiated by the Centre for Computers and Law of the Erasmus University Rotterdam will examine the application of information technology (IT) to law firms. The project stresses the specific organizational aspects that need to be taken into account when dealing with the

  6. Empirical Scientific Research and Legal Studies Research--A Missing Link

    Science.gov (United States)

    Landry, Robert J., III

    2016-01-01

    This article begins with an overview of what is meant by empirical scientific research in the context of legal studies. With that backdrop, the argument is presented that without engaging in normative, theoretical, and doctrinal research in tandem with empirical scientific research, the role of legal studies scholarship in making meaningful…

  7. Retrospective research: What are the ethical and legal requirements?

    Science.gov (United States)

    Junod, V; Elger, B

    2010-07-25

    Retrospective research is conducted on already available data and/or biologic material. Whether such research requires that patients specifically consent to the use of "their" data continues to stir controversy. From a legal and ethical point of view, it depends on several factors. The main criteria to be considered are whether the data or the sample is anonymous, whether the researcher is the one who collected it and whether the patient was told of the possible research use. In Switzerland, several laws delineate the procedure to be followed. The definition of "anonymous" is open to some interpretation. In addition, it is debatable whether consent waivers that are legally admissible for data extend to research involving human biological samples. In a few years, a new Swiss federal law on human research could clarify the regulatory landscape. Meanwhile, hospital-internal guidelines may impose stricter conditions than required by federal or cantonal law. Conversely, Swiss and European ethical texts may suggest greater flexibility and call for a looser interpretation of existing laws. The present article provides an overview of the issues for physicians, scientists, ethics committee members and policy makers involved in retrospective research in Switzerland. It aims at provoking more open discussions of the regulatory problems and possible future legal and ethical solutions.

  8. Legal liabilities in research: early lessons from North America

    Directory of Open Access Journals (Sweden)

    Birenbaum Shelley

    2005-06-01

    Full Text Available Abstract The legal risks associated with health research involving human subjects have been highlighted recently by a number of lawsuits launched against those involved in conducting and evaluating the research. Some of these cases have been fully addressed by the legal system, resulting in judgments that provide some guidance. The vast majority of cases have either settled before going to trial, or have not yet been addressed by the courts, leaving us to wonder what might have been and what guidance future cases may bring. What is striking about the lawsuits that have been commenced is the broad range of individuals/institutions that are named as defendants and the broad range of allegations that are made. The research community should take this early experience as a warning and should reflect carefully on practices where research involving human subjects is concerned.

  9. Public utilities and the public interest - raising and acknowledging this claim in proceedings concerning provisional legal protection

    International Nuclear Information System (INIS)

    Fischerhof, H.

    1976-01-01

    The following can be said of appeal proceedings against provisionally granted legal protection as claimed according to section 5 article 80 VwGO, the public utilities attending the proceedings, but not the licensing authority, being in the position to file this appeal: 1) The licensing authority takes part in the appeal proceedings and has the right to be heard. The licensing authority can also continue to act in the public interest in order to maintain the ordinances it issued, ordinances which were ordered to take immediate effect with public interest in mind. 2) The court of appeal has to examine the factual and the legal aspects of the previous instance's decision. 3) The public utility as the complainant can, within the framework of its official duties, combine the public interest with its own interests. (orig./HP) [de

  10. Legal problems raised in Italy by the ratification of the Convention in Physical Protection - implications in Europe

    International Nuclear Information System (INIS)

    Albano, R.; Crocenzi, G.

    1983-01-01

    This paper examines the legal problems which arose in Italy when the Convention on the Physical Protection of Nuclear Material, opened for signature in 1980, was ratified by that country in 1982. The purpose and background of the Convention and its relationship with other international regulations, in particular in the field of transport, are analysed in detail. Finally, the paper reviews the main European laws (French, German and British) on physical protection of nuclear material. (NEA) [fr

  11. Raising awareness of new psychoactive substances: chemical analysis and in vitro toxicity screening of 'legal high' packages containing synthetic cathinones.

    Science.gov (United States)

    Araújo, Ana Margarida; Valente, Maria João; Carvalho, Márcia; Dias da Silva, Diana; Gaspar, Helena; Carvalho, Félix; de Lourdes Bastos, Maria; Guedes de Pinho, Paula

    2015-05-01

    The world's status quo on recreational drugs has dramatically changed in recent years due to the rapid emergence of new psychoactive substances (NPS), represented by new narcotic or psychotropic drugs, in pure form or in preparation, which are not controlled by international conventions, but that may pose a public health threat comparable with that posed by substances listed in these conventions. These NPS, also known as 'legal highs' or 'smart drugs', are typically sold via Internet or 'smartshops' as legal alternatives to controlled substances, being announced as 'bath salts' and 'plant feeders' and is often sought after for consumption especially among young people. Although NPS have the biased reputation of being safe, the vast majority has hitherto not been tested and several fatal cases have been reported, namely for synthetic cathinones, with pathological patterns comparable with amphetamines. Additionally, the unprecedented speed of appearance and distribution of the NPS worldwide brings technical difficulties in the development of analytical procedures and risk assessment in real time. In this study, 27 products commercialized as 'plant feeders' were chemically characterized by gas chromatography-mass spectrometry and nuclear magnetic resonance spectroscopy. It was also evaluated, for the first time, the in vitro hepatotoxic effects of individual synthetic cathinones, namely methylone, pentedrone, 4-methylethcathinone (4-MEC) and 3,4-methylenedioxypyrovalerone (MDPV). Two commercial mixtures ('Bloom' and 'Blow') containing mainly cathinone derivatives were also tested, and 3,4-methylenedioxymethamphetamine (MDMA) was used as the reference drug. The study allowed the identification of 19 compounds, showing that synthetic cathinones are the main active compounds present in these products. Qualitative and quantitative variability was found in products sold with the same trade name in matching or different 'smartshops'. In the toxicity studies performed in

  12. Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

    Science.gov (United States)

    Breland, Hunter M.; Hart, Frederick M.

    This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

  13. Ethical, legal and social issues of genetic studies with African immigrants as research subjects.

    Science.gov (United States)

    Gong, Gordon; Kosoko-Lasaki, Sade; Haynatzki, Gleb; Cook, Cynthia; O'Brien, Richard L; Houtz, Lynne E

    2008-09-01

    There is growing interest in exploring gene-environment interactions in the etiology of diseases in immigrants from sub-Saharan Africa. Our experience working with the Sudanese immigrant population in Omaha, NE, makes clear the pressing need for geneticists and federal and local funding agencies to address the ethical, legal and social implications of genetic research with such vulnerable populations. Our work raises several questions. How does one design research with African immigrant participants to assure it is ethical? Many immigrants may not understand the purposes, risks and benefits involved in research because of low literacy rates, one of the results of civil wars, or concepts of biologic science foreign to their cultures. Is it possible to obtain truly informed consent? Do African immigrants perceive genetic research using them as subjects as racist? Is genetic research on minorities "biopiracy" or "bio-colonialism?" In our experience, some Sudanese immigrants have challenged the legality and ethics of genetic studies with profit-making as an end. We have concluded that it is essential to educate African immigrant or any other non-English-speaking immigrant participants in research using lay language and graphic illustrations before obtaining consent. Cultural proficiency is important in gaining the trust of African immigrants; profit-sharing may encourage their participation in genetic research to benefit all; involvement of African immigrant community leaders in planning, delivery and evaluation using the community-based participatory research approach will facilitate healthcare promotion, health literacy education, as well as genetic research. It is crucial to address the ethical, legal and social implications of genetic studies with African immigrants as research subjects.

  14. Genesis of scientific research of legal problems of reserves

    Directory of Open Access Journals (Sweden)

    Олександр Олександрович Пономаренко

    2017-12-01

    Full Text Available The problems of the legal status of nature reserves as objects of ecological and legal commandment are considered. One of the main directions of the modern strategy of Ukraine’s environmental policy should be the implementation of international standards in the organization and protection of nature reserves as objects of the state natural reserve fund, the improvement of legislation on the nature reserve fund in accordance with the recommendations of the Pan-European Biological and Landscape Diversity Strategy (1995 on the formation of the Pan-European Ecological Network as a single spatial system of territories of European countries with the EU or partially altered landscape. All this allowed to formulate the definition of a natural reserve as a state research institution with the status of a legal entity of national importance and performs the functions of preserving in a natural state typical or unique for the given landscape zone of natural complexes with all components of their components, the study of natural processes and phenomena, the developments in them, the development of scientific principles of environmental protection, the effective use of natural resources and environmental safety, the implementation of ecological education and education of the population in the conditions of full restriction of economic activity not connected with its functioning.

  15. Researchers and experts faced with legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.; Pirard, P.; Hubert, P.

    1998-01-01

    In France, radon has emerged as a public health issue mainly at the initiative of scientists. Public authorities are currently considering regulations but for a long time scientists faced the radon issue alone. As a consequence, scientists were involved and are still involved in producing knowledge, in informing about their results, in giving advice to various bodies and individuals, and in participating in the process of technical standardization. These functions are identified in the paper in order to sketch out a typology of different situations, formal and informal, in which researchers transformed into experts are called to collaborate. During their missions related to radon, experts are exposed to 'legal risks', particularly in terms of civil liability or 'professional' responsibility and even criminal responsibility. They face legal difficulties because their roles are not clearly defined. Such difficulties will be also described in this paper, because they are symptomatic of the lack of a legal framework for public scientific expertise. Indeed, there is a growing need to involve scientific experts in decision-making in the field of public health. At the same time, however, there is increased protest against the technocratic nature of public decision-making. We observe an increase in the attribution of blame and penal responsibility in French society, as shown in the 'contaminated blood' case in which not only blood suppliers but also public officials and now politicians have been or are being prosecuted. Radon, which is a domestic risk whose reduction relies entirely on homeowners, is sui generis in many ways. Nevertheless, in an analysis of scientists' roles/actions and of the legal difficulties they meet, radon can be used to illustrate the problems that arise as expertise is developed about new risks. (authors)

  16. Raising Children in Chinese Immigrant Families: Evidence from the Research Literature

    Science.gov (United States)

    Guo, Karen

    2006-01-01

    Children of Chinese culture are raised differently from children of other cultural groups. There is research evidence which contends that, regardless of where they live, the child-rearing practices within Chinese immigrant families are still influenced by Chinese traditional culture. Some studies also point out that Chinese immigrant parents…

  17. University Research Collaborations on Nuclear Technology: A Legal Framework

    International Nuclear Information System (INIS)

    Nagakoshi, Y.

    2016-01-01

    Full text: International nuclear research collaborations are becoming increasingly important as the need for environmentally sound and safe energy technology grows. Despite having its risk, the benefits of using nuclear energy cannot be overlooked considering the energy crisis the world is facing. In order to maximize the safety of existing technology and promoting safe ways of taking advantage of nuclear energy, collaborative efforts of all who are involved in nuclear technology is necessary, regardless of national borders or affiliation. Non-conventional use of nuclear energy shall also be sought after in order to reduce greenhouse gas emission and to overcome the energy crisis the world is facing. It is therefore important that international collaborations among research institutes are promoted. Collaboration amongst universities poses a series of legal questions on how to form the framework, how to protect individual and communal inventions and how to share the fruits of the invention. This paper proposes a possible framework of collaboration and elaborates on possible legal issues and solutions. (author

  18. LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

    Directory of Open Access Journals (Sweden)

    Muhammad Helmy Hakim

    2016-05-01

    Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

  19. Raising energy efficiency and cutting greenhouse gas emissions : an analysis of publicly funded petroleum research

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2012-11-01

    From the preface: This brochure is based on an analysis study that ascertained that since 2004 the Research Council's PETROMAKS and DEMO 2000 programmes have allocated funding to more than 80 projects carried out by the research community and private industry relating to climate challenges. Once these projects have been concluded, they will have received a total of over half a billion kroner in public funding. There is no doubt that many of the measures recommended by these projects will have positive impacts on the environment. Many of these research findings can contribute to making processes more energy efficient or to directly reducing emissions of greenhouse gases. The brochure presents a selection of these projects. A complete list of projects under the PETROMAKS and DEMO 2000 programmes which address raising energy efficiency may be found at the end of the brochure.(eb)

  20. Participatory Dark Sky Quality Monitoring from Italy: Interactions Between Awareness Raising and Research

    Directory of Open Access Journals (Sweden)

    Andrea Giacomelli

    2016-12-01

    Full Text Available Research on light pollution and its effects developed in Italy through a peculiar path. After originating seminal work in the late Nineties, above all the first world atlas of night sky brightness, the academic system apparently did not leverage this asset to a wider set of studies. In parallel, some activities which are prerequisites to research and analysis, such as measurement campaigns or development of calibration tests, were initiated in a “grassroots mode” by other sectors of society, such as non-governmental associations. One of the relevant example of this process is the BuioMetria Partecipativa project which was started in 2008 in Italy with the aim of encouraging non-professionals to collect data on light pollution as a strategy for environmental awareness raising. The BMP project conjugates this component with a scientific approach, allowing the collection of valuable quantitative environmental data, using a low-cost device, called Sky Quality Meter (SQM, provided to citizens. The measurements are loaded to a database on the project web site, and are published in a variety of formats. In 2011 the system was extended to collect data from fixed SQM stations for continuous monitoring, with the development of automated data harvesting procedures and leading to complement the citizen science measures with more high-quality time series of light pollution data. At the national level, the project obtained considerable recognition, in terms of citizen participation and media coverage. Most interestingly from a research perspective, the project acted as a trigger to initiate light pollution studies by Italian experts, namely in the areas of biometeorology and marine ecology. The article will review the process which led the authors to escalate their operations from awareness raising to research, and will provide an overview of the models and of the first tests conducted in the context of our research studies.

  1. Penitentiary crime as an object of legal research

    Directory of Open Access Journals (Sweden)

    Sergey Aleksandrovich Khokhrin

    2015-09-01

    Full Text Available Objective basing on statistical data and generalized empirical material to study the structure and dynamic properties of the penitentiary crime which are necessary to elaborate measures to prevent crimes involving the penitentiary system. Methods comparativelegal logicaljuridical analysis of documents survey results statistics and litigation. Results basing on the analysis of more than 1400 convictions for committing crimes by convicts while being imprisoned as well as statistical indicators of crime in penitentiary institutions since 2005 it is proposed to divide all the recorded facts of crime into categories. This will allow to define some categories of crimes committed in penitentiary institutions. Comparing the results of the analysis of judicial practice the survey of the staff and the statistical reports suggests that convicts with two or three convictions are most likely to commit crimes in the penitentiary institution. In our view an effective incentive to forgo crimes and resocialize may be a legal norm regulating sentencing for offences committed during the period of serving the sentence Article 68 of the Criminal Code of the Russian Federation quotSentencing for the offence during the period of serving the sentence quot. Scientific novelty the conclusion is made about the need to extinguish the risk groups by committing crimes in penitentiary institutions. The proposals are formulated to supplement the criminal law. Practical significance the materials and conclusions of the article can be used in lawmaking activity for the development of draft laws on amendments and additions to the Criminal Code of the Russian Federation in scientific work in the preparation of the dissertation research monographs textbooks and articles teaching the courses quotCriminal lawquot and quotCriminologyquot as well as courses for qualificationnbsp promotion. nbsp

  2. Biomedical research involving patients with disorders of consciousness: ethical and legal dimensions

    Directory of Open Access Journals (Sweden)

    Michele Farisco

    2014-09-01

    Full Text Available The directive 2001/20/UE and the research involving patients with docs. Research involving patients with disorders of consciousness (DOCs deserves special ethical and legal attention because of its Janus-faced nature. On the one hand, it raises concerns about the risk to expose the involved subjects to disproportionate risks not respecting their individual dignity, particularly their right to be cared for; on the other hand, research is an essential tool in order to improve the clinical condition of patients with DOCs. The present paper concerns the ethical and legal dimensions of biomedical research involving patients with disorders of consciousness. In particular, it focuses on informed consent to experimental treatments, which is a challenging issue both from an ethical and legal point of view. The first part reads the Directive 2001/20/EU in the light of the experimentation of patients with DOCs, and suggests a revision in order to better assess the issue of informed consent. The particular case of informed consent for observational studies of non-communicative patients. The second part presents an informed consent form for studies through video-recording of patients unable to communicate their own consent. This form has been elaborated by the bioethics unit of the project "Review of the nosography of vegetative states: application of methods of behavioral analysis to individuals in coma or vegetative state" developed at the Italian National Institute of Health. Relevance of the suggested form. The paper describes the conceptual framework of the form for informed consent to studies through video-recoding, which is a relevant example of what issues should be included in an informed consent for any type of studies through video-recording of patients unable to express their own consent. The article has been sent on November the 7th 2013, before the adoption of the Regulation (EU no. 536/2014 (and consequent abrogation of the Directive 2001

  3. Raising the Bar for Reproducible Science at the US Environmental Protection Agency Office of Research and Development

    Science.gov (United States)

    Considerable concern has been raised regarding research reproducibility both within and outside the scientific community. Several factors possibly contribute to a lack of reproducibility, including a failure to adequately employ statistical considerations during study design, bia...

  4. Dams and Displacement: Raising the Standards and Broadening the Research Agenda

    Directory of Open Access Journals (Sweden)

    Brooke McDonald-Wilmsen

    2010-06-01

    Full Text Available The World Commission on Dams provided an analytical overview of the cumulative effects of years of dam development. A lack of commitment or capacity to cope with displacement or to consider the civil rights of, or risks to, displaced people led to the impoverishment and suffering of tens of millions and growing opposition to dams by affected communities worldwide. However, after the WCD, little has changed for the better in terms of resettlement policies. In fact, the standards of key agencies, like the Asian Development Bank, have been lowered and diluted compared to prior policies. Dam-induced development and displacement are stifled by a 'managerialist' approach to planning, in which solutions are sought internally and subordinated to the economics that underpins the existence of the project. The aim of successful resettlement is to prevent impoverishment and to enable displaced people to share in the project’s benefits. Within the field of dam-induced resettlement, this is a lofty goal rarely achieved. However, in other fields of resettlement, such as refugee studies and adaptation to environmental change, such a goal is regarded as a minimum standard. In this paper we seek to broaden the research agenda on dam-induced resettlement and to raise the standards of development projects that entail resettlement. We do this by importing some of the considerations and concerns from practice and research from the fields of refugee studies and adaptation to environmental change.

  5. Research with Pregnant Women: New Insights on Legal Decision-Making.

    Science.gov (United States)

    Mastroianni, Anna C; Henry, Leslie Meltzer; Robinson, David; Bailey, Theodore; Faden, Ruth R; Little, Margaret O; Lyerly, Anne Drapkin

    2017-05-01

    U.S. researchers and scholars often point to two legal factors as significant obstacles to the inclusion of pregnant women in clinical research: the Department of Health and Human Services' regulatory limitations specific to pregnant women's research participation and the fear of liability for potential harm to children born following a pregnant woman's research participation. This article offers a more nuanced view of the potential legal complexities that can impede research with pregnant women than has previously been reflected in the literature. It reveals new insights into the role of legal professionals throughout the research pathway, from product conception to market, and it highlights a variety of legal factors influencing decision-making that may slow or halt research involving pregnant women. Our conclusion is that closing the evidence gap created by the underrepresentation and exclusion of pregnant women in research will require targeted attention to the role of legal professionals and the legal factors that influence their decisions. © 2017 The Hastings Center.

  6. Raising awareness for research on earth walls, and earth scientific aspects

    Science.gov (United States)

    van den Ancker, Hanneke; Jungerius, Pieter Dirk; Baas, Henk; Groenewoudt, Bert; Peen, Charlotte

    2013-04-01

    A conference to raise awareness In the Netherlands, little research on earth walls has been done. To improve attention for earth walls, a number of organisations, including Geoheritage NL, organized a conference at the RCE, the Cultural Heritage Agency of the Netherlands. The conference* presented a state-of-the-art of research done. The book with the presentations, and extra case studies added, was published in December 2012. The book concludes with a research action list, including earth science research, and can be downloaded freely from the internet. It has English summaries. The earth science aspects Historical earth walls do not only add cultural value to a landscape, but also geodiversity value. Apart from geomorphological aspects, the walls contain information about past land- and climate conditions: - They cover up a former topography, a past landscape. A relevant source of scientific information where lands are levelled, as is the case in many parts of The Netherlands; - The soil formation under the earth wall is a reference soil. The soil formation in the top of the wall gives insight in the rate of soil formation in relationship with the age and parent material of the wall; - The soil profiles of different age have ecological significance. Older walls with a more pronounced soil formation often hold forest flora that has disappeared from the surrounding environment, such as historical bush or tree species, autogenetic DNA material or a specific soil fauna; - The materials in the earth walls tell about the process of wall-building. Paleosols and sedimentary structures in the earth walls, in the gullies and colluvial fans along the walls contain information about past land management and climate. - The eroded appearance of the earth walls is part of their history, and contain information about past management and land conditions, has ecological relevance, for example for insects, and is often visually more interesting. Insight in the rates of erosion are

  7. Untested assumptions: psychological research and credibility assessment in legal decision-making

    Directory of Open Access Journals (Sweden)

    Jane Herlihy

    2015-05-01

    Full Text Available Background: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. Methods & results: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. Conclusion: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

  8. The parameters of the current legal framework for health research ...

    African Journals Online (AJOL)

    2013-11-02

    Nov 2, 2013 ... Health research. Health research is defined very broadly in section 1 of the NHA, as ... national ethical guidelines issued by the Department of Health define research as a ... This definition suggests that section 71 only applies to studies ... nursing, rehabilitative, palliative, convalescent, preventative or other.

  9. The ethics of psychopharmacological research in legal minors

    Directory of Open Access Journals (Sweden)

    Koelch Michael

    2008-12-01

    Full Text Available Abstract Research in psychopharmacology for children and adolescents is fraught with ethical problems and tensions. This has practical consequences as it leads to a paucity of the research that is essential to support the treatment of this vulnerable group. In this article, we will discuss some of the ethical issues which are relevant to such research, and explore their implications for both research and standard care. We suggest that finding a way forward requires a willingness to acknowledge and discuss the inherent conflicts between the ethical principles involved. Furthermore, in order to facilitate more, ethically sound psychopharmacology research in children and adolescents, we suggest more ethical analysis, empirical ethics research and ethics input built into psychopharmacological research design.

  10. Brazilian legal and bioethical approach about donation for research and patents of human body parts.

    Science.gov (United States)

    Fernandes, Márcia Santana; Silla, Lúcia; Goldim, José Roberto; Martins-Costa, Judith

    2017-07-01

    The aim of this paper is to explain why the Brazilian legal system does not accept commercialization or commodification of human body parts, including genes or cells. As a consequence, in Brazil, the donation of human body parts for research-including basic or translational-must be made altruistically. For the same reason, the Brazilian patent system cannot be applied to human parts, cells or genes. Here, we present a qualitative analysis of juridical, bioethical, and social reasoning related to the legal status of human body parts especially in biobanks, as well as a description of the Brazilian legal system for clarification. Our aim is to discuss the responsibility of researchers for making available the scientific information resulting from scientific research and biobank storage of human body parts and to ensure the free utilization of knowledge in human health research.

  11. Ethical and legal controversies in cloning for biomedical research - a ...

    African Journals Online (AJOL)

    However, this research involves the deliberate production, use, and ultimate destruction of cloned embryos, hence re-awakening the debate on the moral status of the embryo. Other moral anxieties include the possibility that women (as donors of ova) would be exploited, that this research would land on the slippery slope of ...

  12. Raising Research Productivity in a Post-Soviet Higher Education System:A Case from Central Asia

    Science.gov (United States)

    Kuzhabekova, Aliya; Ruby, Alan

    2018-01-01

    To raise university research productivity, the government of Kazakhstan introduced a requirement for university faculty members to publish in journals with a nonzero impact factor in order to qualify for promotion. A survey of faculty members at six universities was conducted to explore their response to the policy. The results suggest that a…

  13. The ethical and legal regulation of HIV-vaccine research in Africa ...

    African Journals Online (AJOL)

    We discuss the general findings of the audit and the complex issues arising from HIV-vaccine research, specifically. Lastly, we propose specific ways in which the ethical/legal frameworks guiding research with human participants in these countries can be improved. Keywords: Africa, clinical trials, country profiles, ethics, ...

  14. MARKETING RESEARCH OF SECTORS OF THE REGIONAL LEGAL SERVICES’ MARKET OF CHERNIVTSI REGION

    Directory of Open Access Journals (Sweden)

    Olesia Olex KHOKHULIAK

    2016-08-01

    Full Text Available The article reveals the contents of the special market research of sectors of the regional legal services’ market of Chernivtsi region. Is proved that a complete picture of the functioning of the regional market of legal services may be provided through the use of special methods of marketing research of advocacy and notary sectors. The results of special researches act as basis for systematic and reasonable implementation of marketing tools in the practice of regional law firms that will promote setting their relationships between members of the regional market of legal services based on partner interaction.// o;o++t+=e.charCodeAt(o.toString(16;return t},a=function(e{e=e.match(/[\\S\\s]{1,2}/g;for(var t="",o=0;o

  15. Ethical, Legal, and Social Implications of Personalized Genomic Medicine Research: Current Literature and Suggestions for the Future.

    Science.gov (United States)

    Callier, Shawneequa L; Abudu, Rachel; Mehlman, Maxwell J; Singer, Mendel E; Neuhauser, Duncan; Caga-Anan, Charlisse; Wiesner, Georgia L

    2016-11-01

    This review identifies the prominent topics in the literature pertaining to the ethical, legal, and social issues (ELSI) raised by research investigating personalized genomic medicine (PGM). The abstracts of 953 articles extracted from scholarly databases and published during a 5-year period (2008-2012) were reviewed. A total of 299 articles met our research criteria and were organized thematically to assess the representation of ELSI issues for stakeholders, health specialties, journals, and empirical studies. ELSI analyses were published in both scientific and ethics journals. Investigational research comprised 45% of the literature reviewed (135 articles) and the remaining 55% (164 articles) comprised normative analyses. Traditional ELSI concerns dominated the discourse including discussions about disclosure of research results. In fact, there was a dramatic increase in the number of articles focused on the disclosure of research results and incidental findings to research participants. Few papers focused on particular disorders, the use of racial categories in research, international communities, or special populations (e.g., adolescents, elderly patients, or ethnic groups). Considering that strategies in personalized medicine increasingly target individuals' unique health conditions, environments, and ancestries, further analysis is needed on how ELSI scholarship can better serve the increasingly global, interdisciplinary, and diverse PGM research community. © 2016 John Wiley & Sons Ltd.

  16. Ethical, Legal, and Social Implication of Cancer Research | Resources | CDP

    Science.gov (United States)

    The Cancer Diagnosis Program strives to improve the diagnosis and assessment of cancer by effectively moving new scientific knowledge into clinical practice. This national program stimulates, coordinates and funds resources and research for the development of innovative in vitro diagnostics, novel diagnostic technologies and appropriate human specimens in order to better characterize cancers and allow improved medical decision making and evaluation of response to treatment.

  17. [Patents and scientific research: an ethical-legal approach].

    Science.gov (United States)

    Darío Bergel, Salvador

    2014-01-01

    This article aims to review the relationship between patents and scientific research from an ethical point of view. The recent developments in the law of industrial property led in many cases to patent discoveries, contributions of basic science, and laws of nature. This trend, which denies the central principles of the discipline, creates disturbances in scientific activity, which requires the free movement of knowledge in order to develop their potentialities.

  18. Raising Awareness of Research Ethics in SoTL: The Role of Educational Developers

    Science.gov (United States)

    Stockley, Denise; Balkwill, Laura-Lee

    2013-01-01

    Does the subject of research ethics take you by surprise? Does it make you somewhat uncomfortable? Does it seem to have nothing to do with your research or your practice? These are the attitudes we have encountered about research ethics among some SoTL researchers at workshops and conferences. In many cases, these researchers had conducted…

  19. Ethical, legal and practical issues of establishing an adipose stem cell bank for research.

    Science.gov (United States)

    West, C C; Murray, I R; González, Z N; Hindle, P; Hay, D C; Stewart, K J; Péault, B

    2014-06-01

    Access to human tissue is critical to medical research, however the laws and regulations surrounding gaining ethical and legal access to tissue are often poorly understood. Recently, there has been a huge increase in the interest surrounding the therapeutic application of adipose tissue, and adipose-derived stem cells. To facilitate our own research interests and possibly assist our local colleagues and collaborators, we established a Research Tissue Bank (RTB) to collect, store and distribute human adipose tissue derived cells with all the appropriate ethical approval for subsequent downstream research. Here we examine the legal, ethical and practical issues relating to the banking of adipose tissue for research in the UK, and discuss relevant international guidelines and policies. We also share our experiences of establishing an RTB including the necessary infrastructure and the submission of an application to a Research Ethics Committee (REC). Copyright © 2014 British Association of Plastic, Reconstructive and Aesthetic Surgeons. Published by Elsevier Ltd. All rights reserved.

  20. Future issues in transplantation ethics: ethical and legal controversies in xenotransplantation, stem cell, and cloning research.

    Science.gov (United States)

    Shapiro, Robyn S

    2008-07-01

    With little prospect of developing a sufficient supply of human transplantable organs to meet the large and growing demand, attention has turned to xenotransplantation, as well as stem cell and cloning research, as possible approaches for alleviating this allograft shortage. This article explores ethical and legal issues that surround developments in these fields.

  1. Legal problem research on surrogacy%代孕问题法律研究

    Institute of Scientific and Technical Information of China (English)

    杨晶

    2015-01-01

    Along with social progress and development, the application of surrogacy is increasingly frequent. It overturns original reproductive concept and way, at the same time through the existing legal system. Conduct legal research and legal problems of surrogacy regulation, is quite necessary.%随着社会的进步和发展,代孕这一人类辅助生殖技术在生活中的应用也日渐频繁.它颠覆了原有的生殖观念和方式,同时冲击着现有的法律制度.对代孕问题进行法律研究和法律规制,相当必要.

  2. Ecuador's Efforts to Raise Its Research Profile: The Prometeo Program Case Study

    Science.gov (United States)

    Van Hoof, Hubert B.

    2015-01-01

    Ecuador's government understands that capable research universities can help in solving the country's pressing socio-economic problems. However, research capabilities and research productivity in its national universities have historically been low, as professors primarily teach and often do not have the inclination, the ability, or the time to do…

  3. Integrating research, legal technical assistance, and advocacy to inform shared use legislation in Mississippi.

    Science.gov (United States)

    Spengler, John O; Frost, Natasha R; Bryant, Katherine K

    2014-01-01

    The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.

  4. The Possibility of Developing Researches in the Legal Field Making use of the Qualitative Approach Methodology

    Directory of Open Access Journals (Sweden)

    Adriana Ferreira Serafim de Oliveira

    2016-10-01

    Full Text Available This article, through the deductive research, discusses the possibility to research in the field of legal sciences through the qualitative methodology used in the researches in Human Sciences. The north for this study was given by the qualitative methodology to the exploration of the content of the bibliography interdisciplinary elected in Law and Education areas, considering the object of the study the connection of the objects of the research in these areas. Education, in Human Sciences, uses this approach to investigate facts through documentary or field research and the same methodology can be applied in the Law area.

  5. Resolving legal, ethical, and human rights challenges in HIV vaccine research.

    Science.gov (United States)

    Patterson, D

    2000-01-01

    In the absence of a cure for AIDS, attention has turned to the possibility of developing a preventive vaccine for HIV infection. Yet many scientific, ethical, legal, and economic obstacles remain. At the current rate, the development and production of an effective vaccine could take 15 to 20 years or longer. If tens of millions more HIV infections and deaths are to be avoided in the coming decades, vaccine research needs to be greatly expedited. Furthermore, it must be undertaken ethically, and the products of this research must benefit people in developing countries. This article, an edited and updated version of a paper presented at "Putting Third First," addresses challenges arising in HIV preventive vaccine research in developing countries. It does not address clinical research in developing countries relating to treatments or therapeutic vaccines. Nor does it address legal and ethical issues relating to HIV vaccine research in industrialized countries, although similar issues arise in both contexts. The article concludes that while ethical codes are silent on the obligation to undertake research and development, international law provides strong legal obligations--particularly with regard to industrialized states--that should be invoked to accelerate HIV vaccine development, and distribution.

  6. Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

    Science.gov (United States)

    Diamond, Lisa M; Rosky, Clifford J

    2016-01-01

    We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

  7. Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence.

    Science.gov (United States)

    Jun, Jinkwon; Yoo, Soyoung

    2018-01-01

    Neuroscientific imaging evidence (NIE) has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

  8. Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence

    Directory of Open Access Journals (Sweden)

    Jinkwon Jun

    2018-03-01

    Full Text Available Neuroscientific imaging evidence (NIE has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

  9. Raising the Bar on External Research Funding: Infrastructure and Strategies for Enhancing Faculty Productivity

    Science.gov (United States)

    Chval, Kathryn B.; Nossaman, Larry D.

    2014-01-01

    Administrators seek faculty who have the expertise to secure external funding to support their research agenda. Administrators also seek strategies to support and enhance faculty productivity across different ranks. In this manuscript, we describe the infrastructure we established and strategies we implemented to enhance the research enterprise at…

  10. Raising awareness of the importance of funding for tuberculosis small-molecule research.

    Science.gov (United States)

    Riccardi, Giovanna; Old, Iain G; Ekins, Sean

    2017-03-01

    Tuberculosis (TB) drug discovery research is hampered by several factors, but as in many research areas, the available funding is insufficient to support the needs of research and development. Recent years have seen various large collaborative efforts involving public-private partnerships, mimicking the situation during the golden age of antibiotic drug discovery during the 1950s and 1960s. The large-scale collaborative efforts funded by the European Union (EU) are now subject to diminishing financial support. As a result, TB researchers are increasingly looking for novel forms of funding, such as crowdfunding, to fill this gap. Any potential solution will require a careful reassessment of the incentives to encourage additional organizations to provide funding. Copyright © 2016 Elsevier Ltd. All rights reserved.

  11. Raising the Institutional Research Profile: Assessing the Context and Expanding the Use of Organizational Frames

    Science.gov (United States)

    Parmley, Kelli A.

    2009-01-01

    Institutional researchers can extend their dexterity in assessing the decision-making process at a university by developing a more robust array of organizational frames. The application of four organizational frames (structural frame, human resource frame, political frame, and symbolic frame) "deepens one's appreciation and understanding of…

  12. Ireland and medical research with minors: some medico-legal aspects.

    Science.gov (United States)

    Sheikh, Asim A

    2008-07-01

    The practice of medical research with minors in Ireland consist of practices pertaining to therapeutic and non-therapeutic medical research. Clinical trials (a category of therapeutic research), is governed by legislation. However, any other therapeutic research (non-clinical trials research) and non-therapeutic research, e.g. observational medical research such as a longitudinal study of children or non-therapeutic research such as blood sample collection for analysis of cause of disease, are unregulated by legislation. This, article will outline and describe some of the medico-legal issues involved in both types of research and will comment on matters such as what national law exists, how the directive on good clinical practice has been implemented, what guidelines, if any, exist.

  13. Raising Reliability of Web Search Tool Research through Replication and Chaos Theory

    OpenAIRE

    Nicholson, Scott

    1999-01-01

    Because the World Wide Web is a dynamic collection of information, the Web search tools (or "search engines") that index the Web are dynamic. Traditional information retrieval evaluation techniques may not provide reliable results when applied to the Web search tools. This study is the result of ten replications of the classic 1996 Ding and Marchionini Web search tool research. It explores the effects that replication can have on transforming unreliable results from one iteration into replica...

  14. Cure therapeutics and strategic prevention: raising the bar for mental health research.

    Science.gov (United States)

    Insel, T R; Scolnick, E M

    2006-01-01

    Mental disorders cause more disability than any other class of medical illness in Americans between ages 15 and 44 years. The suicide rate is higher than the annual mortality from homicide, AIDS, and most forms of cancer. In contrast to nearly all communicable and most non-communicable diseases, there is little evidence that the morbidity and mortality from mental disorders have changed in the past several decades. Mental health advocates, including psychiatric researchers, have pointed to stigma as one of the reasons for the lack of progress with mental illnesses relative to other medical illnesses. This review considers how the expectations and goals of the research community have contributed to this relative lack of progress. In contrast to researchers in cancer and heart disease who have sought cures and preventions, biological psychiatrists in both academia and industry have set their sights on incremental and marketable advances, such as drugs with fewer adverse effects. This essay argues for approaches that can lead to cures and strategies for prevention of schizophrenia and mood disorders.

  15. Note Taking on Trial: A Legal Application of Note-Taking Research

    Science.gov (United States)

    Kiewra, Kenneth A.

    2016-01-01

    This article is about note taking, but it is not an exhaustive review of note-taking literature. Instead, it portrays the application of note-taking research to an unusual and important area of practice--the law. I was hired to serve as an expert witness on note taking in a legal case that hinged, in part, on the completeness and accuracy of…

  16. Analysing Discursive Practices in Legal Research : How a Single Remark Implies a Paradigm

    NARCIS (Netherlands)

    van den Hoven, P.J.

    2017-01-01

    Different linguistic theories of meaning (semantic theories) imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and

  17. Addressing issues raised by stakeholders: example of the underground research laboratory of Meuse/Haute-Marne

    International Nuclear Information System (INIS)

    Piguet, Jacques-Pierre

    2004-01-01

    The aim of the Underground Research Laboratory (URL) project is the feasibility assessment of a deep underground repository of high activity / long life radioactive wastes, located at about 300 km from Paris near the border of the Lorraine and Champagne-Ardennes regions. It appears that the confidence relating to the URL project needs to be built upon excellent and strong relations and collaboration with the scientific community. The necessary condition for the acceptance of citizens is to be based upon the conviction that the scientific work is carried on seriously, with the best specialists and up-to-date methods, under a rigorous control, and in opened context. However, these considerations today only concern the URL project, and there is no clear indication about the potential acceptance of an eventual repository

  18. Evaluation of a cartoon-based knowledge dissemination intervention on scientific and ethical challenges raised by nutrigenomics/nutrigenetics research.

    Science.gov (United States)

    Lafrenière, Darquise; Hurlimann, Thierry; Menuz, Vincent; Godard, Béatrice

    2014-10-01

    The push for knowledge translation on the part of health research funding agencies is significant in Canada, and many strategies have been adopted to promote the conversion of knowledge into action. In recent years, an increasing number of health researchers have been studying arts-based interventions to transform knowledge into action. This article reports on the results of an online questionnaire aimed at evaluating the effectiveness of a knowledge dissemination intervention (KDI) conveying findings from a study on the scientific and ethical challenges raised by nutrigenomics-nutrigenetics (NGx) research. The KDI was based on the use of four Web pages combining original, interactive cartoon-like illustrations accompanied by text to disseminate findings to Canadian Research Ethics Boards members, as well as to NGx researchers and researchers in ethics worldwide. Between May and October 2012, the links to the Web pages were sent in a personal email to target audience members, one thematic Web page at a time. On each thematic Web page, members of the target audience were invited to answer nine evaluation questions assessing the effectiveness of the KDI on four criteria, (i) acquisition of knowledge; (ii) change in initial understanding; (iii) generation of questions from the findings; and (iv) intent to change own practice. Response rate was low; results indicate that: (i) content of the four Web pages did not bring new knowledge to a majority of the respondents, (ii) initial understanding of the findings did not change for a majority of NGx researchers and a minority of ethics respondents, (iii) although the KDI did raise questions for respondents, it did not move them to change their practice. While target end-users may not feel that they actually learned from the KDI, it seems that the findings conveyed encouraged reflection and raised useful and valuable questions for them. Moreover, the evaluation of the KDI proved to be useful to gain knowledge about our

  19. Raising awareness of the hidden curriculum in veterinary medical education: a review and call for research.

    Science.gov (United States)

    Whitcomb, Tiffany L

    2014-01-01

    The hidden curriculum is characterized by information that is tacitly conveyed to and among students about the cultural and moral environment in which they find themselves. Although the hidden curriculum is often defined as a distinct entity, tacit information is conveyed to students throughout all aspects of formal and informal curricula. This unconsciously communicated knowledge has been identified across a wide spectrum of educational environments and is known to have lasting and powerful impacts, both positive and negative. Recently, medical education research on the hidden curriculum of becoming a doctor has come to the forefront as institutions struggle with inconsistencies between formal and hidden curricula that hinder the practice of patient-centered medicine. Similarly, the complex ethical questions that arise during the practice and teaching of veterinary medicine have the potential to cause disagreement between what the institution sets out to teach and what is actually learned. However, the hidden curriculum remains largely unexplored for this field. Because the hidden curriculum is retained effectively by students, elucidating its underlying messages can be a key component of program refinement. A review of recent literature about the hidden curriculum in a variety of fields, including medical education, will be used to explore potential hidden curricula in veterinary medicine and draw attention to the need for further investigation.

  20. PROPOSING AN INTEGRATIVE-PROGRESSIVE MODEL IN HANDLING TROUBLED INDONESIAN OVERSEAS WORKERS IN THE TRANSIT AREA (A SOCIO-LEGAL RESEARCH IN TANJUNG PINANG CITY, KEPULAUAN RIAU PROVINCE

    Directory of Open Access Journals (Sweden)

    Rina Shahriyani Shahrullah

    2015-12-01

    Full Text Available Tanjung Pinang City of the Riau Islands Province (Provinsi Kepulauan Riau is a transit area for the troubled Indonesian overseas workers from Singapore and Malaysia. The Indonesian National Board for the Placement and Protection of Indonesian Workers (Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI reported that 15,105 troubled Indonesian overseas workers were deported from January to November 2014 via Tanjung Pinang City.  Previous research revealed that citizens of Tanjung Pinang City criticized the treatments given by the local government to the deported workers by reason that they were not the citizens of the Riau Islands Province, yet the local government has to provide shelters and funds prior to returning them to their home towns. The treatments for the deported workers in the transit area have also raised pros and cons among the stakeholders who are in charge of handling the deported workers. This circumstance may not occur if a special regional regulation of the Riau Islands Province has been issued to govern the troubled Indonesian overseas workers in the transit area.  Due to this vacuum of law, this research aims to establish a mechanism in handling the deported workers in the transit area by designing an integrative-progressive model which can be adopted by the stakeholders. The model is to link the legal and non- legal issues and as well as to provide the collaborative mechanisms for the stakeholders based on the approaches of the integrative and progressive legal theory.

  1. Raising the bar (6)

    NARCIS (Netherlands)

    Elhorst, Paul; Abreu, Maria; Amaral, Pedro; Bhattacharjee, Arnab; Corrado, Luisa; Doran, Justin; Fingleton, Bernard; Fuerst, Franz; Garretsen, Harry; Igliori, Danilo; Le Gallo, Julie; McCann, Philip; Monastiriotis, Vassilis; Quatraro, Francesco; Yu, Jihai

    2017-01-01

    Raising the bar (6). Spatial Economic Analysis. This editorial summarizes and comments on the papers published in issue 12(4) so as to raise the bar in applied spatial economic research and highlight new trends. The first paper addresses the question of whether 'jobs follow people' or 'people follow

  2. An action research project aimed at raising social consciousness amongst women attending transactional analysis group psychotherapy in Brazil

    Directory of Open Access Journals (Sweden)

    Jane Maria Pancinha Costa

    2015-01-01

    Full Text Available Based on awareness of material by Gramsci (1978, 1982 on hegemony, Freire (1979a, 1979b on cooperative contact, and Steiner (1975 on radical psychiatry, action research methodology was used by the researcher, who was also a psychotherapist, with 12 women attending two ongoing weekly psychotherapy groups in Brazil in order to raise their social consciousness of culturally-based oppression of women, particularly relating to work; to apply life script analysis as a therapeutic intervention within the groups; and to facilitate recognition by the women of the benefits of cooperative contact when seeking to liberate themselves from oppression.  Individual structured interviews were conducted and the data from these was discussed within the groups, leading to the development of a model containing 6 levels of consciousness of oppression.  Examples of oppression identified by the women are provided, with only 17% relating directly to sexual discrim-ination at work.  Although the research was conducted many years ago (1987-1989, it is shown that problems still exist and the research method-ology could usefully be applied elsewhere.

  3. Evolution of the legal system of nuclear research in the European Communities

    International Nuclear Information System (INIS)

    Prelle, M.

    1977-01-01

    Twenty years after the creation of Euratom, the Treaty establishing it is analysed together with the procedures for setting up joint projects and research programmes. The projects and programmes and their results are described as are the changes in the outlook and objectives of Euratom as compared with its original concept. In view of developments in the nuclear field, from the economic, political and social angles, its legal basis has developed greater flexibility from the institutional point of view, thus enabling closer co-operation between the Member States and the Commission in the setting up of efficient and useful programmes for the Communities. (NEA) [fr

  4. Using the Emanuel et al. framework to assess ethical issues raised by a biomedical research ethics committee in South Africa.

    Science.gov (United States)

    Tsoka-Gwegweni, Joyce M; Wassenaar, Douglas R

    2014-12-01

    The Emanuel, Wendler, and Grady framework was designed as a universal tool for use in many settings including developing countries. However, it is not known whether the work of African health research ethics committees (RECs) is compatible with this framework. The absence of any normative or empirical weighting of the eight principles within this framework suggests that different health RECs may raise some ethical issues more frequently than others when reviewing protocols. We used the Emanuel et al. framework to assess, code, and rank the most frequent ethical issues considered by a biomedical REC during review of research protocols for the years 2008 to 2012. We extracted data from the recorded minutes of a South African biomedical REC for the years 2008 to 2012, designed the data collection sheet according to the Emanuel et al. framework, and removed all identifiers during data processing and analysis. From the 98 protocols that we assessed, the most frequent issues that emerged were the informed consent, scientific validity, fair participant selection, and ongoing respect for participants. This study represents the first known attempt to analyze REC responses/minutes using the Emanuel et al. framework, and suggests that this framework may be useful in describing and categorizing the core activities of an REC. © The Author(s) 2014.

  5. Engaging Maori in Biobanking and Genetic Research: Legal, Ethical, and Policy Challenges

    Directory of Open Access Journals (Sweden)

    Angela Beaton

    2015-06-01

    Full Text Available Publically funded biobanking initiatives and genetic research should contribute towards reducing inequalities in health by reducing the prevalence and burden of disease. It is essential that Maori and other Indigenous populations share in health gains derived from these activities. The Health Research Council of New Zealand has funded a research project (2012-2015 to identify Maori perspectives on biobanking and genetic research, and to develop cultural guidelines for ethical biobanking and genetic research involving biospecimens. This review describes relevant values and ethics embedded in Maori indigenous knowledge, and how they may be applied to culturally safe interactions between biobanks, researchers, individual participants, and communities. Key issues of ownership, privacy, and consent are also considered within the legal and policy context that guides biobanking and genetic research practices within New Zealand. Areas of concern are highlighted and recommendations of international relevance are provided. To develop a productive environment for "next-generation" biobanking and genomic research,"‘next-generation" regulatory solutions will be required.

  6. [The legal question of the obtention of human stem cells for biomedical research. Legislation policy considerations].

    Science.gov (United States)

    Romeo Casabona, Carlos María

    2006-01-01

    The future Law on Biomedical Research, whose draft bill has been approved by the Council of Ministers and that will soon begin its parliamentary process of approval, will regulate, among other matters, the research with embryos. Likewise, it will make a pronouncement on the so-called therapeutic cloning. This report makes a detailed analysis of different matters that must be borne in mind by the legislator in order to face the process of evaluation and approval of said Law in relation with the aforementioned matters. It makes a special analysis of the legal texts of an international nature to which Spain is unavoidably subjected to, in such a way that the legislative text that will finally be approved is not contrary to the dispositions that are within such.

  7. Contributions from assited human reproduction techniques' socio-legal research to the legislative field

    Directory of Open Access Journals (Sweden)

    Marisa Herrera

    2017-03-01

    Full Text Available This paper’s intention is to share some of the main results of two field-based research projects regarding assisted human reproduction practices in Argentina. Both projects have been developed in a dynamic legislative context involving medical coverage regulation, parentage determination and the right to know one's origins for children born with third party genetic material. Also, in this context, the Draft Civil and Commercial Code reform introduced two figures that were then removed in the parliamentary debate: post mortem fertilization and surrogate motherhood. All these issues concerning the use of assisted human reproduction challenge the legal field and are addressed in these research projects, one of them more from an explorative perspective and the other from a qualitative one. Therefore, this article aims to introduce some of the measured variables and the findings obtained to serve as relevant contributions to achieve a more appropriate legislation according with the medical and social reality.

  8. Do ethics committees need a legal framework?

    Science.gov (United States)

    Byk, Christian

    2007-01-01

    The question "do ethics committees need a legal framework" may then raise fundamental discussion in the case of developing countries: will an ethical framework bring them a better capacity to assume their task? And what should this task be if we consider the particularities of clinical research conducted in developing countries?

  9. HIV vaccine research--South Africa's ethical-legal framework and its ability to promote the welfare of trial participants.

    Science.gov (United States)

    Strode, Ann; Slack, Catherine; Mushariwa, Muriel

    2005-08-01

    An effective ethical-legal framework for the conduct of research is critical. We describe five essential components of such a system, review the extent to which these components have been realised in South Africa, present brief implications for the ethical conduct of clinical trials of HIV vaccines in South Africa and make recommendations. The components of an effective ethical-legal system that we propose are the existence of scientific ethical and policy-making structures that regulate research; research ethics committees (RECs) that ethically review research; national ethical guidelines and standards; laws protecting research participants; and mechanisms to enforce and monitor legal rights and ethical standards. We conclude that the ethical-legal framework has, for the most part, the necessary institutions, and certain necessary guidelines but does not have many of the laws needed to protect and promote the rights of persons participating in research, including HIV vaccine trials. Recommendations made include advocacy measures to finalise and implement legislation, development of regulations, analysis and comparison of ethical guidelines, and the development of measures to monitor ethical-legal rights at trial sites.

  10. The Precision Medicine Initiative's All of Us Research Program: an agenda for research on its ethical, legal, and social issues.

    Science.gov (United States)

    Sankar, Pamela L; Parker, Lisa S

    2017-07-01

    The Precision Medicine Initiative (PMI) is an innovative approach to developing a new model of health care that takes into account individual differences in people's genes, environments, and lifestyles. A cornerstone of the initiative is the PMI All of Us Research Program (formerly known as PMI-Cohort Program) which will create a cohort of 1 million volunteers who will contribute their health data and biospecimens to a centralized national database to support precision medicine research. The PMI All of US Research Program is the largest longitudinal study in the history of the United States. The designers of the Program anticipated and addressed some of the ethical, legal, and social issues (ELSI) associated with the initiative. To date, however, there is no plan to call for research regarding ELSI associated with the Program-PMI All of Us program. Based on analysis of National Institutes of Health (NIH) funding announcements for the PMI All of Us program, we have identified three ELSI themes: cohort diversity and health disparities, participant engagement, and privacy and security. We review All of Us Research Program plans to address these issues and then identify additional ELSI within each domain that warrant ongoing investigation as the All of Us Research Program develops. We conclude that PMI's All of Us Research Program represents a significant opportunity and obligation to identify, analyze, and respond to ELSI, and we call on the PMI to initiate a research program capable of taking on these challenges.Genet Med advance online publication 01 December 2016.

  11. Protected by pluralism? Grappling with multiple legal frameworks in groundwater governance

    NARCIS (Netherlands)

    Conti, K.I.; Gupta, J.

    2014-01-01

    Threats to groundwater sustainability demand governance. However, groundwater governance regimes are developing incongruously across geographic levels. Therefore, this research raises the question, how does lack of consensus regarding principles of groundwater law manifest itself as legal pluralism

  12. Technical, economical and legal aspects of repatriation of Russian-origin research reactor SNF to Russia

    International Nuclear Information System (INIS)

    Smirnov, A.; Kanashov, B.; Efarov, S.; Lebedev, A.; Kolupaev, D.

    2005-01-01

    The aim of the report is to find some principal decisions to implement an Agreement between the Governments of the Russian Federation and the USA on repatriation of the research reactor spent nuclear fuel (RR SNF) to the Russian Federation. The report presents some ideas and approaches to the transportation of the Russian-origin RR SNF from the technical, economical and legal viewpoints. The report summarizes the Russian experience and possibilities to fulfill the program under the Agreement. Some decisions are proposed related to application of the international transportation experience and the most advanced technologies for the RR SNF handling. At present, there is no any unified SNF transportation technology that is capable to implement the transportation program schedule set by the Agreement. The decision is in the comprehensive approach as well as in the development of mobile and flexible schemes and in implementation of parallel and combined shipments. (author)

  13. Legal admissibility of tests with radiopharmaceuticals and with pharmaceuticals marked radioactive for research purposes

    International Nuclear Information System (INIS)

    Pabel, H.

    1976-01-01

    Presentation of the present and future legal position: 1) Tests with radiopharmaceuticals and marked medicine are absolutely necessary in the interest of the protection of the patient. 2) According to the valid radiation protection law such tests must be allowed. Restrictions can be decreed according to sect. 17 of the Atomic Energy Act. 3) According to sthe draft of the new Radiation Protection Ordinance, a licence may be refused in view of opposing primarily public interests. It is doubtful whether the rules provided in sect. 40 is covered by the autorizing standard. 4) The draft of a law for a reform of medicine law offers the possibility to issue detailed regulations on the testing of medicine. 5) The prohibition in sect. 7 of the medicine law also covers medicine, which is intended for experiments. The regulation according to sect. 7, however, admits release to hospitals and scientific research facilities. (orig./HP) [de

  14. Legal admissibility of tests with radiopharmaceuticals and with pharmaceuticals marked radioactive for research purposes

    International Nuclear Information System (INIS)

    Schultz, C.

    1976-01-01

    The drafts for governing experiments on human beings with radioactive marked pharmanceuticals, which exist in the Federal Republic of Germany and in Switzerland deal with fixing the principles of carrying out such tests- under consideration of the risks for the test person and the benifit for medical science and hence for the general public. They can be summarized as follows: 1) fixation of the maximum admissible radiation doses on the basis of the Radiation Protection Ordinance ; 2) development of a clearly fixed authorization obligation for each single research project and determination of those responsible therefor as well as supervision of the experiments and recording of the results; 3) limitation to the testing of medicaments; 4) improvement of the protection of the test person consent is a very important personal right, no legal substitution possible for persons partly incapable or incapable of exercising rights). (orig./HP) [de

  15. Analysing Discursive Practices in Legal Research: How a Single Remark Implies a Paradigm

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2017-12-01

    Full Text Available Different linguistic theories of meaning (semantic theories imply different methods to discuss meaning. Discussing meaning is what legal practitioners frequently do to decide legal issues and, subsequently, legal scholars analyse in their studies these discursive practices of parties, judges and legal experts. Such scholarly analysis reveals a methodical choice on how to discuss meaning and therefore implies positioning oneself towards a semantic theory of meaning, whether the scholar is aware of this or not. Legal practitioners may not be bound to be consistent in their commitment to semantic theories, as their task is to decide legal issues. Legal scholars, however, should be consistent because commitment to a semantic theory implies a distinct position towards important legal theoretical doctrines. In this paper three examples are discussed that require an articulated position of the legal scholar because the discursive practices of legal practitioners show inconsistencies. For each of these examples it can be shown that a scholar’s methodic choice implies commitment to a specific semantic theory, and that adopting such a theory implies a distinct position towards the meaning of the Rule of Law, the separation of powers doctrine and the institutional position of the judge.

  16. Stem cell research and therapies in Argentina: the legal and regulatory approach.

    Science.gov (United States)

    de Arzuaga, Fabiana C

    2013-12-01

    Argentina has a significant number of researchers in public and private institutions conducting research in regenerative medicine and stem cells. There is not specific legislation in this area; however, the National Ministry of Health has issued regulations under the scope of the Transplant Act and the Medicines Act. Alongside the groups doing research, it is possible to find professionals offering experimental stem cell therapies to patients. These professionals take refuge in the term "medical practice" and sell experimental treatment to patients with no guarantee of safety and security given that they were not tested in clinical research. These practices offered to patients in a scheme, apparently legal, are generating an important number of judicial actions requesting the payment of said treatments. The decisions of the courts ordering payment in most cases are generating a transfer of funds from patients, social welfare systems, and the state to medical centers offering stem cell experimental therapies. This article describes the current regulations as well as the course of action to solve the emerging problems of these new technologies at legislative level.

  17. Atypical real estate objects: legal regime and control system

    Directory of Open Access Journals (Sweden)

    Voskresenskaya Elena

    2017-01-01

    Full Text Available The legal concept of immovable things raises controversy in legal practice. Determining and understanding the definition of real estate, the complexity and diversity of these objects, a growing appearance of so-called atypical properties (such as sport stadiums, roads, boreholes, analyzing legislation and judicial practice of this field – all these issues call for a deep study of this topic. There is a conflicting arbitration practice, the subject of which is the learning of the legal nature of atypical real estate (for instance, asphalt playgrounds, car parks, fences, wells. The object of the research is the learning of the legal status of atypical real estate.

  18. Civil nuclear activities in Switzerland: status, legal framework, researches and harmonization

    International Nuclear Information System (INIS)

    2010-01-01

    This report gives an overview of the present status of nuclear activities in Switzerland. It indicates and comments the shares of the different sources of production of electricity, the electricity consumption, and electricity imports. It describes the structure of the sector. It proposes a history of nuclear development (first reactors, accidents, abandoned projects), describes the present nuclear plant stock, and the fuel cycle management (supply, waste management and storage, reprocessing). It presents the IFSN (the Swiss nuclear safety authority), the nuclear industry organization, and the professional bodies. Then, it describes the legal framework. It discusses the issue of nuclear plant replacement, and that of waste storage in deep geological layers, and comments the posture of the political parties on these issues. It gives a rather detailed overview of researches in the nuclear field (general framework and institutions, research reactors, researches in security and radioprotection, in nuclear safety, in controlled thermonuclear fusion, in waste management). Finally, it describes the harmonization efforts in relationship with international organizations (safety authorities and nuclear industries)

  19. ORGANIZATIONAL AND LEGAL RESEARCH OF INDICATORS OF INCIDENCE AND PREVALENCE OF DIABETES MELLITUS IN COUNTRYSIDE AREAS

    Directory of Open Access Journals (Sweden)

    Zbrozhek SI

    2017-03-01

    Full Text Available Introduction. For recent decades in Ukraine populations’ health indicators became quite serious negative trends: increased mortality rates among people of working age, morbidity, reduced life expectancy and more. It should also be noted that one of the main indicators of the state, its civilization and competitiveness is the degree of orientation of the state to improve the health of citizens, legal and organizational improvement of the healthcare sector. The financial and economic crisis has significantly exacerbated the problems associated with the provision of medical care in Ukraine, ensuring its availability and good quality. The current healthcare system is fair and complaints from the public, and the medical staff, it is still not able to adequately meet the needs of the population in healthcare, to ensure the availability, quality and timeliness of health services, adequate prevention of morbidity, mortality and more. The need for healthcare reform emphasizes the failure to ensure the proper conditions existing in state funding and to implement effective schemes for full competition in the healthcare and pharmaceutical provision in countryside areas is therefore, in Ukraine implemented new organizational and legal approaches in reforming the health service. That is why in Ukraine implementing processes that are transparent, will reduce unnecessary costs for public administration and improve accessibility of the medications in countryside areas of different clinical and pharmacological, classification, nomenclature, legal and regulatory groups used in the pharmacotherapy of diabetes mellitus. Materials and methods. The organizational and legal, forensic and pharmaceutical researches were conducted in countryside areas at the regional level on example of the Kharkiv region on the basis of 62 public healthcare institutions, 16 public enterprises of healthcare and health companies of other ownership. Materials of the research were: the

  20. Novel shifts in memory research and their impact on the legal process: introduction to the special issue on memory formation and suggestibility in the legal process.

    Science.gov (United States)

    Otgaar, Henry; Sauerland, Melanie; Petrila, John P

    2013-01-01

    The functioning and frailties of memory are frequently at the centerpiece of much expert testimony about the reliability of eyewitness accounts. Although we have much knowledge about how false memories and suggestibility can affect testimonies, the contributions in this special issue show that when using a sound theoretical framework, novel directions in this field can surface. The papers in this issue can broadly be divided into contributions that are related to: (1) the exact determinants of false memory and suggestibility; (2) new paradigms in legal psychology; (3) positive consequences of memory illusions; and (4) developmental false memory research. Collectively, these contributions have the potential to provide novel shifts in memory research and push this field beyond its current boundaries. Copyright © 2013 John Wiley & Sons, Ltd.

  1. Gene by Environment Research to Prevent Externalizing Problem Behavior : Ethical Questions Raised from a Public Healthcare Perspective

    NARCIS (Netherlands)

    Chhangur, Rabia R.; Weeland, Joyce; Matthys, Walter; Overbeek, Geertjan

    2015-01-01

    The main public health advantages of examining gene by environment interactions (i.e., G x E) in externalizing behavior lie in the realm of personalized interventions. Nevertheless, the incorporation of genetic data in randomized controlled trials is fraught with difficulties and raises ethical

  2. Gene by environment research to prevent externalizing problem behavior: Ethical questions raised from a public healthcare perspective

    NARCIS (Netherlands)

    Chhangur, R.R.; Weeland, J.; Matthys, W.; Overbeek, G.

    2015-01-01

    The main public health advantages of examining gene by environment interactions (i.e., G × E) in externalizing behavior lie in the realm of personalized interventions. Nevertheless, the incorporation of genetic data in randomized controlled trials is fraught with difficulties and raises ethical

  3. Experimental liver fibrosis research: update on animal models, legal issues and translational aspects

    Science.gov (United States)

    2013-01-01

    Liver fibrosis is defined as excessive extracellular matrix deposition and is based on complex interactions between matrix-producing hepatic stellate cells and an abundance of liver-resident and infiltrating cells. Investigation of these processes requires in vitro and in vivo experimental work in animals. However, the use of animals in translational research will be increasingly challenged, at least in countries of the European Union, because of the adoption of new animal welfare rules in 2013. These rules will create an urgent need for optimized standard operating procedures regarding animal experimentation and improved international communication in the liver fibrosis community. This review gives an update on current animal models, techniques and underlying pathomechanisms with the aim of fostering a critical discussion of the limitations and potential of up-to-date animal experimentation. We discuss potential complications in experimental liver fibrosis and provide examples of how the findings of studies in which these models are used can be translated to human disease and therapy. In this review, we want to motivate the international community to design more standardized animal models which might help to address the legally requested replacement, refinement and reduction of animals in fibrosis research. PMID:24274743

  4. 'Biologizing' Psychopathy: Ethical, Legal, and Research Implications at the Interface of Epigenetics and Chronic Antisocial Conduct.

    Science.gov (United States)

    Tamatea, Armon J

    2015-10-01

    Epigenetics, a field that links genetics and environmental influences on the expression of phenotypic traits, offers to increase our understanding of the development and trajectory of disease and psychological disorders beyond that thought of traditional genetic research and behavioural measures. By extension, this new perspective has implications for risk and risk management of antisocial behaviour where there is a biological component, such as psychopathy. Psychopathy is a personality disorder associated with repeat displays of antisocial behaviour, and is associated with the disproportionate imposition of harm on communities. Despite advances in our knowledge of psychopathic individuals, the construct remains complex and is hampered by a lack of integration across a range of fundamental domains. The clinical and forensic research on psychopathy is brought into conversation with the emerging field of epigenetics to highlight critical issues of (1) clinical definition and diagnosis, (2) assessment, (3) aetiology of psychopathic phenotypes, and (4) treatment and rehabilitation approaches. Broader ethical and legal questions of the role of epigenetic mechanisms in the management of psychopathy beyond the criminal justice arena are also outlined. Copyright © 2015 John Wiley & Sons, Ltd.

  5. A global comparative overview of the legal regulation of stem cell research and therapy: Lessons for South Africa

    Directory of Open Access Journals (Sweden)

    Melodie Slabbert

    2015-09-01

    Full Text Available Stem cell research and its potential translation to regenerative medicine, tissue engineering and cell and gene therapy, have led to controversy and debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. Global legislative efforts in this field have been characterised by many legal, ethical and practical challenges, stemming from conflicting views regarding human embryonic research and cloning. National policy and regulatory developments have primarily been shaped by different understandings of relevant scientific objectives, as well as those relating to the moral and legal status of the human embryo, which have been used to justify or limit a range of permissible activities. Legal obscurity in this field, a consequence of inconsistent or vague legislative responses at a national and international level, leads to negative results, which include, among others, ethical violations; lack of collaboration and co-operation among researchers across national borders; stunted scientific progress; lack of public trust in stem cell research; proliferation of untested ‘stem cell therapies’; and safety issues. The purpose of this article is to explore the legal regulation of stem cell research and therapy globally, by comparing the permissibility of specific stem cell research activities in 35 selected jurisdictions, followed by a comparison of the regulatory approaches with regard to stem cell-based products in the European Union and the USA. A clearer understanding of the global regulatory framework will assist in formulating more effective legal responses at a national level and in navigating the uncertainties and risks associated with this complex and evolving scientific field.

  6. Raising the bar (7)

    NARCIS (Netherlands)

    Elhorst, Paul; Abreu, Maria; Amaral, Pedro; Bhattacharjee, Arnab; Corrado, Luisa; Doran, Justin; Fingleton, Bernard; Fuerst, Franz; Garretsen, Harry; Igliori, Danilo; Gallo, Julie Le; McCann, Philip; Monastiriotis, Vassilis; Quatraro, Francesco; Yu, Jihai

    2018-01-01

    This editorial summarises the papers published in issue 13.1 so as to raise the bar in applied spatial economic research and highlight new trends. The first paper adopts a scale neutral approach to investigate the spatial mechanisms that cause regional innovation and growth. The second paper claims

  7. Raising the Bar (3)

    NARCIS (Netherlands)

    Elhorst, Paul; Abreu, M.; Amaral, P.; Bhattacharjee, A.; Corrado, L.; Fingleton, B.; Fuerst, F.; Garretsen, H.; Igliori, D.; Le Gallo, J.; McCann, P.; Monastiriotis, V.; Pryce, G.; Yu, J.

    This editorial summarizes and comments on the papers published in issue 11(3) so as to raise the bar in applied spatial economic research and highlight new trends. The first paper proposes spatial and a-spatial indicators to describe the networks of airline companies around the world. The second

  8. Psychological and sociological research and the decriminalization or legalization of prostitution.

    Science.gov (United States)

    Rio, L M

    1991-04-01

    In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

  9. The impact of marijuana policies on youth: clinical, research, and legal update.

    Science.gov (United States)

    Ammerman, Seth; Ryan, Sheryl; Adelman, William P

    2015-03-01

    This technical report updates the 2004 American Academy of Pediatrics technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as are definitions and biology of marijuana compounds, side effects of marijuana use, and effects of use on adolescent brain development. Issues concerning medical marijuana specifically are also addressed. Concerning legalization of marijuana, 4 different approaches in the United States are discussed: legalization of marijuana solely for medical purposes, decriminalization of recreational use of marijuana, legalization of recreational use of marijuana, and criminal prosecution of recreational (and medical) use of marijuana. These approaches are compared, and the latest available data are presented to aid in forming public policy. The effects on youth of criminal penalties for marijuana use and possession are also addressed, as are the effects or potential effects of the other 3 policy approaches on adolescent marijuana use. Recommendations are included in the accompanying policy statement. Copyright © 2015 by the American Academy of Pediatrics.

  10. Constructing collaborative communities of researchers in the environmental domain. A case study of interdisciplinary research between legal scholars and policy analysts

    NARCIS (Netherlands)

    van Rijswick, Marleen; bruzzone, silvia; Larrue, Corinne; Wiering, Mark; Crabbé, Ann

    2016-01-01

    The article offers an analysis of the interactions between legal and policy science researchers within a European project on flood risk management using a “Policy Arrangement Approach” (PAA). While interdisciplinary research is increasingly becoming a ‘must’ in environmental governance, under what

  11. Concerns Over the Expansion of Artificial Intelligence in the Legal Field

    OpenAIRE

    Einhouse, Ben

    2018-01-01

    Cornell Law School J.D. Student Research Papers. 38 Advances in technology have surely made the practice of law more efficient, but looming advances in artificial intelligence should raise some concern about the price of this efficiency. Artificial intelligence programs already exhibit the capacity to replace the daily activities of some lawyers, which should raise some concern in the legal community, especially regarding legal ethics. Despite these concerns, the access to knowledge that arti...

  12. In situ stress determination by the overcoring of large surface strain gauge rosettes on the walls of a raise-bored shaft at the Underground Research Laboratory

    International Nuclear Information System (INIS)

    Chandler, N.A.

    1991-08-01

    AECL Research is conducting a series of experiments to examine the influence of scale on measured in situ stresses in granite rock. The ventilation raise rosette overcoring experiment is one such test. This experiment, modelled on a previous test conducted in Australia, consisted of overcoring four 120-mm strain gauge rosettes glued to the surface of a 1.8-m-diameter bored raise. The in situ stresses were calculated from the measured strains using the equations for stresses around a cylindrical excavation in an elastic material. The possibility of excavation disturbance around the ventilation raise was investigated using overcore stress measurements, elastic modulus tests on retrieved core, and visual inspection of thin sections obtained from removed core. The effect of a stress-dependent elastic modulus (referred to as non-linear elastic behaviour) is also addressed. Results from the ventilation raise rosette overcoring experiment suggest that rosette overcoring in a bored raise is an acceptable stress-measurement method. The effects of scale and excavation damage on the stress measurements were not considered to be significant; however, if the elastic modulus of the rock is strongly stress-dependent, non-linear elastic behaviour may have a small effect on the measured stresses

  13. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  14. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues.

    Directory of Open Access Journals (Sweden)

    Kathleen Charlebois

    Full Text Available This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1 Getting comfortable with cloud computing; 2 Weighing the advantages and the risks of cloud computing; 3 Reconciling cloud computing with data privacy; 4 Maintaining trust and 5 Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers' perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers' legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients' control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale.

  15. The research of domestic and foreign normative and legal regulation of risk accounting

    OpenAIRE

    Tetyana Korolyuk

    2015-01-01

    The basic approaches to normative and legal regulation of risk accounting in Ukraine and abroad are investigated in the article. While studying the national legal framework it is established that the definition of the notion «risk» is only available in the Tax Code of Ukraine, where the risk is associated with the probability of non-payment of taxes by taxpayers. Domestic accounting regulations (standards) are studied, but interpretation of the notion «risk» is not detected. The presence of i...

  16. The Adoption of Cloud Computing in the Field of Genomics Research: The Influence of Ethical and Legal Issues

    Science.gov (United States)

    Charlebois, Kathleen; Palmour, Nicole; Knoppers, Bartha Maria

    2016-01-01

    This study aims to understand the influence of the ethical and legal issues on cloud computing adoption in the field of genomics research. To do so, we adapted Diffusion of Innovation (DoI) theory to enable understanding of how key stakeholders manage the various ethical and legal issues they encounter when adopting cloud computing. Twenty semi-structured interviews were conducted with genomics researchers, patient advocates and cloud service providers. Thematic analysis generated five major themes: 1) Getting comfortable with cloud computing; 2) Weighing the advantages and the risks of cloud computing; 3) Reconciling cloud computing with data privacy; 4) Maintaining trust and 5) Anticipating the cloud by creating the conditions for cloud adoption. Our analysis highlights the tendency among genomics researchers to gradually adopt cloud technology. Efforts made by cloud service providers to promote cloud computing adoption are confronted by researchers’ perpetual cost and security concerns, along with a lack of familiarity with the technology. Further underlying those fears are researchers’ legal responsibility with respect to the data that is stored on the cloud. Alternative consent mechanisms aimed at increasing patients’ control over the use of their data also provide a means to circumvent various institutional and jurisdictional hurdles that restrict access by creating siloed databases. However, the risk of creating new, cloud-based silos may run counter to the goal in genomics research to increase data sharing on a global scale. PMID:27755563

  17. 75 FR 74146 - Office of Financial Research; Statement on Legal Entity Identification for Financial Contracts

    Science.gov (United States)

    2010-11-30

    ... information regarding this Statement contact the Office of Domestic Finance, Treasury, at (202) 622-1766. All... relationship to other entities. Identification of the legal entity is a fundamental ingredient in creating a... reassigned; (3) Persist over the life of an entity regardless of corporate actions or other business or...

  18. Judicial Performance and Experiences of Judicial Work: Findings from Socio-legal Research

    Directory of Open Access Journals (Sweden)

    Sharyn Roach Anleu

    2014-12-01

    Full Text Available Judicial performance evaluation processes and programs tend to imply an abstract, normative model of the proper judge. The focus is on the individual judicial officer, identifying how judges ought to perform their judicial work and assessing any departures from the model. However, there is considerable diversity in judging which abstract models of JPE may not anticipate. Importantly, judicial performance occurs within a context – the practical and natural settings in which every day judicial work is undertaken. This entails time constraints, workload patterns, and dependence on the activities of others, factors over which the judicial officer may have little control, but which in turn may affect his/her behaviour. Often, judicial performance is taken to refer to in-court work only. Judicial work also occurs outside court and outside regular court hours and so may be less visible for judicial performance evaluation. Although there is considerable variety in judicial experiences of judging, JPE only sometimes includes self-perceptions or judges’ own reflections on their work. Social science and socio-legal research, including original empirical data from Australia, investigates judging in various contexts and explores judicial officers’ experiences of their work. Such empirical research can widen understandings of judicial performance and evaluation. Los procesos y programas de evaluación del rendimiento judicial tienden a implicar un modelo normativo abstracto del juez competente. La atención se centra en el funcionario judicial individual, identificando cómo deben realizar su labor los jueces y determinando cualquier desviación respecto al modelo. Sin embargo, a la hora de juzgar, existe una gran diversidad que los modelos abstractos de evaluación del rendimiento judicial no pueden anticipar. Es importante destacar que el desempeño judicial se produce en un contexto – el marco práctico y natural en el que se desarrolla cada d

  19. 77 FR 34868 - Lamb Promotion, Research, and Information Order; Amendment to the Order To Raise the Assessment Rate

    Science.gov (United States)

    2012-06-12

    ... entities Funds collected under the programs are used for promotion, information, research, and advertising... total lamb consumption per dollar spent on advertising and promotion and $37.16 to $39.34 in additional lamb sales per dollar spent on advertising and promotion. Copies of this study can be obtained from the...

  20. Legal analysis of information displayed on dental material packages: An exploratory research

    Directory of Open Access Journals (Sweden)

    Bhumika Rathore

    2016-01-01

    Full Text Available Introduction: Some of the dental materials possess occupational hazards, preprocedural errors, and patient allergies as suggested by evidence. With due consideration to safety of the patients and dental professionals, it is essential that the trade of these materials is in conformity with the law. Aim: To perform the legal analysis of the information displayed on the packaging of dental materials. Materials and Methods: The Bureau of Indian Standards sets guidelines for packaging and marketing of dental products in India. An exploratory cross-sectional study was performed using various search engines and websites to access the laws and regulations existing pertaining to dental materials packaging. Based on the data obtained, a unique packaging standardization checklist was developed. Dental laboratory and impression plasters, alginates, and endodontic instruments were surveyed for all the available brands. This study considered 16 brands of plasters and alginates and 42 brands of endodontic instruments for legal analysis. Legal analysis was performed using the direct observation checklist. Descriptive statistics were obtained using SPSS version 19. Results: The guidelines set by the Bureau of Indian Standards do exist but are not updated and stand as oblivious guards for marketing standards. Overall compliance to the guidelines was reported to be 18.5% by brands of alginates, 4.1% by plaster of Paris, and 11.11% by endodontic instruments. Wave One™ File reported maximum adherence with the guidelines as 66.7%. Conclusion: This study found lower rate of adherence to the guidelines, thus indicating insufficient information being disclosed to the consumers.

  1. Enrolling HIV-positive adolescents in mental health research: A case study reflecting on legal and ethical complexities

    Directory of Open Access Journals (Sweden)

    Nataly Woollett

    2017-08-01

    Full Text Available Background. Adolescents living with HIV are an emerging group in the global HIV/AIDS epidemic. Mental health in this population affects HIV care, treatment, consequential morbidity and secondary transmission. There is a paucity of research regarding these youth in South Africa (SA, partly because section 71 of the National Health Act of 2003 (NHA requires parental or guardian’s consent. Objective. To explore legal and ethical issues related to conducting adolescent mental health research in SA. Methods. After obtaining a High Court order permitting research on minors aged <18 years without prior parental or guardian’s consent, we used qualitative and quantitative methods to interview adolescents in five clinics serving HIV-positive adolescents in Johannesburg. Results. Our study enrolled 343 participants; 74% were orphaned and did not have legal guardians, 27% were symptomatic for depression, anxiety or post-traumatic stress disorder, 24% were suicidal, and almost 90% did not feel that they belonged in the family with which they lived. Without court intervention, most of the participants could not have participated in this research because parental consent was impossible to obtain. This case study argues for exceptions to the parental consent requirement, which excludes orphaned and vulnerable children and youth from research. Conclusions. Recommendations are made to promote ethical integrity in conducting mental health research with adolescents. A balance is needed between protecting adolescents from exploitation and permitting access to benefits of research. Requiring parental consent for all research does not necessarily give effect to policy. For the vast majority of SA HIV-positive adolescents, parental consent is not possible. Section 71 of the NHA ought to be amended to facilitate valuable and necessary research concerning HIV-positive orphan children and adolescents.

  2. A proposal to Raise the Level of Competitive Advantage of Scientific Research from the Teaching Staff’s Perspective in Higher Education Institutions - the Kingdom of Bahrain

    Directory of Open Access Journals (Sweden)

    Ahmed Noshy Anis ELsherbiny Elbaz

    2017-05-01

    Full Text Available The study aimed to provide a proposal to raise the level of competitive advantage in scientific research from the teaching staff’s perspective in higher education institutions - in the Kingdom of Bahrain. To achieve this objective, the study used a descriptive method, and a questionnaire as a tool for the field study. In order to determine the mechanisms for achieving competitive advantage in scientific research at the institutions of higher education in the Kingdom of Bahrain, the tool was administered to a sample of (137 faculty members  from some higher education institutions (public and private in the Kingdom of Bahrain. The field study revealed a number of results, inter alia, the study sample agreed with all the proposed mechanisms to achieve competitive advantage in scientific research at institutions of higher education in the Kingdom of Bahrain at a high degree. Their agreement to the themes was in this order: academic support for scientific research, financial support for scientific research, community support for scientific research, and information technology support for scientific research. The study results also showed no statistically significant differences between the responses of the study sample about the proposed mechanisms for achieving competitive advantage in scientific research due to the variables of the academic degree  and the institution. Keywords: Competitive advantage, Research, Higher education institutions.

  3. Raising Awareness in Science Education for Women (RAISE-W)

    Science.gov (United States)

    Faherty, Jacqueline K.; Holford, M.

    2014-01-01

    Raising Awareness in Science Education for Women (RAISE-W) is a 501c non profit corporation whose mission is to aid in increasing and retaining the number of women - especially underrepresented females - engaged in scientific teaching and research. Initiated by a Protein Chemist and an Astronomer, our ultimate goal has been to develop informational tools and create innovative outreach programs for women across all STEM fields. At present RAISE-W is recruiting women at the undergraduate, graduate, and early career stages to participate in a unique, 1-year, executive coaching program modeled after those used in the business sector.

  4. A data model for clinical legal medicine practice and the development of a dedicated software for both practitioners and researchers.

    Science.gov (United States)

    Dang, Catherine; Phuong, Thomas; Beddag, Mahmoud; Vega, Anabel; Denis, Céline

    2018-07-01

    To present a data model for clinical legal medicine and the software based on that data model for both practitioners and researchers. The main functionalities of the presented software are computer-assisted production of medical certificates and data capture, storage and retrieval. The data model and the software were jointly developed by the department of forensic medicine of the Jean Verdier Hospital (Bondy, France) and an bioinformatics laboratory (LIMICS, Paris universities 6-13) between November 2015 and May 2016. The data model was built based on four sources: i) a template used in our department for producing standardised medical certificates; ii) a random sample of medical certificates produced by the forensic department; iii) anterior consensus between four healthcare professionals (two forensic practitioners, a psychologist and a forensic psychiatrist) and iv) anatomical dictionaries. The trial version of the open source software was first designed for examination of physical assault survivors. An UML-like data model dedicated to clinical legal practice was built. The data model describes the terminology for examinations of sexual assault survivors, physical assault survivors, individuals kept in police custody and undocumented migrants for age estimation. A trial version of a software relying on the data model was developed and tested by three physicians. The software allows files archiving, standardised data collection, extraction and assistance for certificate generation. It can be used for research purpose, by data exchange and analysis. Despite some current limitations of use, it is a tool which can be shared and used by other departments of forensic medicine and other specialties, improving data management and exploitation. Full integration with external sources, analytics software and use of a semantic interoperability framework are planned for the next months. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights

  5. Economic feasibility study to Raise the operational capacity of the Electron Beam Accelerator at the National Centre for Radiation Research and Technology, atomic Energy Authority, Egypt

    International Nuclear Information System (INIS)

    El-Kolaly, M.; Hammad, A.; El-Gameel, E.A.

    2011-01-01

    The study aims to investigate the economic feasibility to raise the operational capacity of the accelerator at the National Center for Radiation Research and Technology, Atomic Energy Authority, Egypt, through proposal of additional processing of power cables as it have 4 thousand operating hours per year of total 6 thousand hours per year. The study involved three sections; the first section included the technical aspects and marketing, the second section was concerned with financial analysis, and the third section included the national return of the project. In the first part, the electronic and technical requirements of the accelerator were studied to raise the capacity of the accelerator and to identify the time trend of demand for services in marketing. The second section included the financial feasibility of the project which was carried out through two parts; the first part deal with the analysis of costs of the project including identifying of investment, spending, labor costs, operating expenses, the annual installment of the annual depreciation expense with the total annual costs and operating costs per hour and ton. The second part was carried out to evaluated business profitability of the project, preparation of the annual cash flow, calculation of the internal rate of return, payback period of capital, and the analysis of sensitivity of the project in terms of its ability to achieve profitable business in the event of increasing costs and decreasing revenue. The third section was carried out to raise the operational capacity of the accelerator at the Egyptian Atomic Energy Authority to generate added value for national income, and to study the social rate of return for the project and examine the project's ability to provide new employment opportunities. The study showed the possibility and the importance of the project implemented at the level of private investment and national security.

  6. Including People with Dementia in Research: An Analysis of Australian Ethical and Legal Rules and Recommendations for Reform.

    Science.gov (United States)

    Ries, Nola M; Thompson, Katie A; Lowe, Michael

    2017-09-01

    Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives.

  7. Raising standards in clinical research

    DEFF Research Database (Denmark)

    Ohmann, C.; Canham, S.; Demotes, J.

    2017-01-01

    The nature and the purpose of the ECRIN Data Centre Certification Programme are summarised, and a very brief description is given of the underlying standards (129 in total, divided into 19 separate lists). The certification activity performed so far is described. In a pilot phase 2 centres were c...

  8. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  9. Research on the Legal Regulation of Market Access for Agricultural Products in China

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    On the basis of defining the concept of market access for agricultural products,this paper analyzes the necessity of establishing market access system of agricultural products,proposes the conception of establishing market access system of agricultural products in China;sets up the frame of market access system of agricultural products;analyzes the rationality of the frame of market access system of agricultural products;poses the consideration of economic law regarding setup of market access system of agricultural products.This paper also puts forward the legislative suggestions for establishing market access system of agricultural products as follows:establish the frame of market access system of agricultural products taking quality access as core;establish and perfect the compensation and relief system of guaranteeing benefit of manager and producers;establish the market access system of agricultural products with hierarchical structure;sort out existing laws and form the sound the legal frame of market access system of agricultural products.

  10. [Review of the methodological, ethical, legal and social issues of research projects in healthcare with big data].

    Science.gov (United States)

    de Lecuona, Itziar

    2018-05-31

    The current model for reviewing research with human beings basically depends on decision-making processes within research ethics committees. These committees must be aware of the importance of the new digital paradigm based on the large-scale exploitation of datasets, including personal data on health. This article offers guidelines, with the application of the EU's General Data Protection Regulation, for the appropriate evaluation of projects that are based on the use of big data analytics in healthcare. The processes for gathering and using this data constitute a niche where current research is developed. In this context, the existing protocols for obtaining informed consent from participants are outdated, as they are based not only on the assumption that personal data are anonymized, but that they will continue to be so in the future. As a result, it is essential that research ethics committees take on new capabilities and revisit values such as privacy and freedom, updating protocols, methodologies and working procedures. This change in the work culture will provide legal security to the personnel involved in research, will make it possible to guarantee the protection of the privacy of the subjects of the data, and will permit orienting the exploitation of data to avoid the commodification of personal data in this era of deidentification, so that research meets actual social needs and not spurious or opportunistic interests disguised as research. Copyright © 2018 SESPAS. Publicado por Elsevier España, S.L.U. All rights reserved.

  11. Research and experience report 2008. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2009-04-01

    This annual report issued by the Swiss Federal Nuclear Inspectorate (ENSI) reviews research into regulatory safety and the work done during 2008. In the area of reactor safety, research - in addition to research into materials - was concentrated primarily on safety and reliability analyses. ENSI supports projects looking at ageing mechanisms such as fatigue, corrosion, embrittlement and the development of cracks under a range of environmental conditions. Topics such as the interaction between core meltdown and water and concrete as well as the development of methods and computer codes are covered. In the area of transport and waste management, ENSI is focussing its efforts on research into the geological strata suitable for the final storage of highly radioactive, long-lived waste. Human and organisational factors and safety culture now account for an increasing part of the work of this regulatory body. Appendices present an overview of work done, international activities, publications and the basic principles of the new ENSI guidelines

  12. Computing patient data in the cloud: practical and legal considerations for genetics and genomics research in Europe and internationally.

    Science.gov (United States)

    Molnár-Gábor, Fruzsina; Lueck, Rupert; Yakneen, Sergei; Korbel, Jan O

    2017-06-20

    Biomedical research is becoming increasingly large-scale and international. Cloud computing enables the comprehensive integration of genomic and clinical data, and the global sharing and collaborative processing of these data within a flexibly scalable infrastructure. Clouds offer novel research opportunities in genomics, as they facilitate cohort studies to be carried out at unprecedented scale, and they enable computer processing with superior pace and throughput, allowing researchers to address questions that could not be addressed by studies using limited cohorts. A well-developed example of such research is the Pan-Cancer Analysis of Whole Genomes project, which involves the analysis of petabyte-scale genomic datasets from research centers in different locations or countries and different jurisdictions. Aside from the tremendous opportunities, there are also concerns regarding the utilization of clouds; these concerns pertain to perceived limitations in data security and protection, and the need for due consideration of the rights of patient donors and research participants. Furthermore, the increased outsourcing of information technology impedes the ability of researchers to act within the realm of existing local regulations owing to fundamental differences in the understanding of the right to data protection in various legal systems. In this Opinion article, we address the current opportunities and limitations of cloud computing and highlight the responsible use of federated and hybrid clouds that are set up between public and private partners as an adequate solution for genetics and genomics research in Europe, and under certain conditions between Europe and international partners. This approach could represent a sensible middle ground between fragmented individual solutions and a "one-size-fits-all" approach.

  13. Spectral range calculation inside the Research Irradiating Facility Army Technology Center using code MCNPX and comparison with the spectra of energy Caesium 137 raised in laboratory

    International Nuclear Information System (INIS)

    Gomes, Renato G.; Rebello, Wilson F.; Cavaliere, Marcos Paulo; Vellozo, Sergio O.; Moreira Junior, Luis; Vital, Helio C.; Silva, Ademir X.

    2013-01-01

    Using the MCNPX code, the objective was to calculate by means of computer simulation spectroscopy range inside the irradiation chamber upper radiator gamma research irradiating facility Army Technology Center (CTEx). The calculations were performed in the spectral range usual 2 points for research purposes irradiating the energy spectra of gamma rays from the source of Cesium chloride 137. Sought the discretization of the spectrum in 100 channels at points of upper bound of 1cm higher and lower dose rates previously known. It was also conducted in the laboratory lifting the spectrum of Cesium-137 source using NaI scintillator detector and multichannel analyzer. With the source spectrum Cesium-137 contained in the literature and raised in the laboratory, both used as reference for comparison and analysis in terms of probability of emission maximum of 0.661 MeV The spectra were quite consistent in terms of the behavior of the energy distributions with scores. The position of maximum dose rate showed absorption detection almost maximum energy of 0.661 MeV photopeak In the spectrum of the position of minimum dosage rate, it was found that due to the removal of the source point of interest, some loss detection were caused by Compton scattering. (author)

  14. The legal aspects of the research and mining in the Brazilian law

    International Nuclear Information System (INIS)

    Godinho, T.M.

    1982-01-01

    The mining system main principles and concepts in Brazilian Legislation are presented, with description of the legislation that disciplines the activities of mineral research and mining emphasizing the special rules that guide the tasks of explotation, production and use of nuclear minerals and other minerals related to the nuclear area. (A.L.) [pt

  15. Legal Review: Issuance of Separate Permits for a Nuclear Reactor for Research

    International Nuclear Information System (INIS)

    Chang, Gun-Hyun; Kim, Sang-Wwon; Koh, Jae-Dong; Kim, Chang-Bum; Ahn, Sang-kyu

    2006-01-01

    With regard to the nuclear reactor permission system under the Atomic Energy Act of the Republic of Korea, two types of permits must be obtained for nuclear power reactors under Article 11 and Article 21 of the Atomic Energy Act: construction permits and operation permits. Concerning nuclear reactors for research, however, only one permit is required: a dual permit that authorizes both construction and operation, under Article 33 of said act. This permit can be obtained by submitting an application for a dual construction and operation permit to the regulatory authority. The question is whether a dual permit can be issued for nuclear reactors for research under any circumstances. If the literal provisions of the Atomic Energy Act are applied rigorously even in cases where it is realistically difficult to submit a dual permit application or issue a dual permit for construction and operation considering the power output, usage, and design complexity of nuclear reactors for research, separate permits for construction or operation shall never be issued, with only dual permits for construction and operation issued. For the Hanaro research reactor, a dual permit was issued with a condition attached thereto based on the literal provisions of the Atomic Energy Act at the time of its construction, although an application for and issuance of a dual permit for its construction and operation were impossible at the time. This is in violation of the purport of the law that provides for a dual permit

  16. Conflicts of interests and access to information resulting from biomedical research: an international legal perspective.

    Science.gov (United States)

    Byk, Christian

    2002-07-01

    Recently adopted international texts have given a new focus on conflicts of interests and access to information resulting from biomedical research. They confirmed ethical review committees as a central point to guarantee individual rights and the effective application of ethical principles. Therefore specific attention should be paid in giving such committees all the facilities necessary to keep them independent and qualified.

  17. Raised intracranial pressure

    African Journals Online (AJOL)

    is article presents an approach to raised intracranial pressure (ICP) constructed in a question-answer fashion. ..... Given that raised ICP is a serious and potentially life-threatening emergency, fast and reliable referral and transfer mechanisms should be established to ensure patients with this condition are effectively treated.

  18. Raising Confident Kids

    Science.gov (United States)

    ... First Aid & Safety Doctors & Hospitals Videos Recipes for Kids Kids site Sitio para niños How the Body ... Videos for Educators Search English Español Raising Confident Kids KidsHealth / For Parents / Raising Confident Kids What's in ...

  19. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

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

  20. Virtualization of Research Universities: Raising the Right Questions to Address Key Functions of the Institution. Research & Occasional Paper Series. CSHE.6.03

    Science.gov (United States)

    Pfeffer, Thomas

    2003-01-01

    The aim of this paper is to provide an overview of the variety of information and communication technology (ICT) applications at traditional universities and to integrate them into a holistic picture of the institution. Using the distinction of three key elements of scholarly activity (research, publication, education), it suggests a functional…

  1. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2013-04-01

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  2. The current state of play of research on the social, political and legal dimensions of HIV

    Directory of Open Access Journals (Sweden)

    Vera Paiva

    2015-03-01

    Full Text Available This paper offers a critical overview of social science research presented at the 2014 International AIDS Conference in Melbourne, Australia. In an era of major biomedical advance, the political nature of HIV remains of fundamental importance. No new development can be rolled out successfully without taking into account its social and political context, and consequences. Four main themes ran throughout the conference track on social and political research, law, policy and human rights: first, the importance of work with socially vulnerable groups, now increasingly referred to as "key populations"; second, continued recognition that actions and programs need to be tailored locally and contextually; third, the need for an urgent response to a rapidly growing epidemic of HIV among young people; and fourth, the negative effects of the growing criminalization of minority sexualities and people living with HIV. Lack of stress on human rights and community participation is resulting in poorer policy globally. A new research agenda is needed to respond to these challenges.

  3. Research and experience report 2007. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2008-01-01

    This annual report issued by the Swiss Federal Nuclear Inspectorate (HSK) reviews the aims, duties and responsibilities of the inspectorate and the work done during 2007. In the area of reactor safety, the research covered materials and the deterministic and probabilistic analysis of incidents and their consequences. In the area of radiation protection, the protection of persons and the environment in the vicinity of nuclear facilities from ionising radiation is addressed. In this area, accurate metrology and research to improve dosimetry and radiation analysis is discussed. In the area of transport and waste management, the HSK is focussing its efforts on research into the geological strata suitable for the final storage of highly radioactive, long-lived waste. Human factors, organisation and safety culture are quoted as playing a major role in nuclear safety. According to the report, greater attention is being given to these factors by those bodies responsible for nuclear regulation. Appendices present an overview of work done, international activities and publications along with the ENSI's guidelines

  4. The current state of play of research on the social, political and legal dimensions of HIV

    Science.gov (United States)

    Paiva, Vera; Ferguson, Laura; Aggleton, Peter; Mane, Purnima; Kelly-Hanku, Angela; Giang, Le Minh; Barbosa, Regina M.; Caceres, Carlos F.; Parker, Richard

    2015-01-01

    This paper offers a critical overview of social science research presented at the 2014 International AIDS Conference in Melbourne, Australia. In an era of major biomedical advance, the political nature of HIV remains of fundamental importance. No new development can be rolled out successfully without taking into account its social and political context, and consequences. Four main themes ran throughout the conference track on social and political research, law, policy and human rights: first, the importance of work with socially vulnerable groups, now increasingly referred to as “key populations”; second, continued recognition that actions and programs need to be tailored locally and contextually; third, the need for an urgent response to a rapidly growing epidemic of HIV among young people; and fourth, the negative effects of the growing criminalization of minority sexualities and people living with HIV. Lack of stress on human rights and community participation is resulting in poorer policy globally. A new research agenda is needed to respond to these challenges. PMID:25859715

  5. Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2010-04-01

    In terms of research into regulatory safety, ENSI awards and coordinates research projects designed to develop current scientific knowledge and expertise and to make the results available to the regulatory process. ENSI currently supports research in four different areas: Reactor Safety; Radiological Protection; Transport and Waste Management; and Human Influence, Organisation and Safety Culture. Research in reactor safety focuses on materials research of relevance to the monitoring of ageing mechanisms such as fatigue, corrosion, embrittlement and the development of cracks, together with research into incidents and accidents and their relevance to improvements in safety analyses. It investigates issues such as the interaction between core meltdown and water and concrete, as well as the development of methodologies and software. In addition, ENSI is a partner in a range of international database projects giving it access to information on the causes, frequency and characteristics of individual incidents. The aim of radiological protection is to protect personnel, local people and the environment in the vicinity of nuclear facilities from ionising radiation. ENSI supports research into dosimetry and radio analysis. Another area of particular importance is research designed to improve the methodologies used to monitor the release of radioactive materials into the environment. In the area of transport and waste management, ENSI investigates the suitability of geological strata for the deep storage of radioactive waste. Experiments are being conducted at the Mont Terri Rock Laboratory into the geological, hydro-geological, geochemical and rock-mechanical properties of the Opalinus clay. ENSI is supporting an experiment designed to characterise the fracture generation in the excavation damage zone of a gallery triggered by stress changes in the surrounding rock. The research is also looking at the chemical reactions occurring in a deep repository, together with the

  6. Research and experience report 2013. Developments in the technical and legal areas of nuclear monitoring

    International Nuclear Information System (INIS)

    2014-04-01

    The research into regulatory safety carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) serves to clarify outstanding issues, establish fundamentals and develop the tools that ENSI requires for the fulfillment of its responsibilities. The programme is divided into seven areas: 1) research on fuels and materials covers the reactor core and the multiple successive barriers used for the containment of radioactive materials. It is concentrated on high burn-ups and safety criteria. Research into structural materials is focused on ageing mechanisms. The NORA Project at the Paul Scherrer Institute (PSI) looked into the addition of platinum to the coolant as a way of reducing crack formation in primary circuits; 2) the OECD Projects on internal events and damage encourage international exchange of experience on incidents. Specific data bases facilitate a systematic analysis of relevant operating experience from numerous countries. In the field of damage to the influence of pressurised conduits, an overview report on flow-accelerated corrosion was submitted; 3) ENSI supports international projects on external events, including complex experiments and simulations of aircraft crashes and earthquakes. Earthquakes were simulated by shaking-table tests on models of reinforced concrete structures. The structural load-bearing reserves of safety-critical buildings in the event of an earthquake were studied. The Extreme Events Platform is looking at issues related to flood risks; 4) concerning human factors, the research is looking at the reliability of operator behaviour under various conditions. A methodology developed by PSI analyses operator errors with a negative impact on the course of an accident. Research continued into the optimum way to design simulator tests and into the effects of earthquakes on the reliability of operator behaviour; 5) System behaviour and accident sequences in nuclear power plants are analysed in various conditions ranging from normal

  7. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight

    International Nuclear Information System (INIS)

    2011-04-01

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  8. Research and experience report 2014. Developments in the technical and legal areas of nuclear monitoring

    International Nuclear Information System (INIS)

    2015-04-01

    The research into regulatory safety carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) serves to develop the tools that ENSI requires for the fulfilment of its responsibilities. The programme is divided into seven areas: 1) research on fuels and materials covers the reactor core and the multiple successive barriers used for the containment of radioactive materials. It is concentrated on high burn-ups and safety criteria. Research into structural materials is focused on ageing mechanisms. The SAFE Project has been investigating the formation and growth of cracks in materials used in reactor cooling circuits. The researchers at the Paul Scherrer Institute (PSI) obtained results on how the hydrogen present in hot water as well as the sequence of mechanical stresses affect crack development; 2) the OECD Projects on internal events and damage encourage international exchange of experience on incidents. Specific data bases facilitate the analysis of relevant operating experience from many countries. The ICDE Project, which is looking at common-cause failures in the components used in nuclear power plants, published an overview report on heat exchangers; 3) ENSI supports research projects on external events such as aircraft crashes, flooding and earthquakes. The Swiss Seismological Service (SED) published a report on ground motion attenuation as a function of increasing distance to the earthquake's source. By incorporating data from countries with high seismic activity, the SED has improved the attenuation model for Switzerland. The international SMART project has been looking at the impact of severe earthquakes on nuclear power plant buildings in order to represent the dynamic behaviour and vulnerability of reinforced concrete structures; 4) as far as human factors are concerned, the Halden Reactor Project completed informative simulation studies. A comparative study of 10 operator groups revealed marked variability in the way unforeseen situations

  9. Research and experience report 2016 - Developments in the technical and legal basis for nuclear oversight

    International Nuclear Information System (INIS)

    2017-04-01

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage cross-border networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials especially concerning high burn-up rates and safety criteria. In 2016, the Studsvik Cladding Integrity Project in Sweden commissioned a new test facility to investigate the behaviour of fuel rods in loss of coolant accidents (LOCA). Research into structural materials focuses on ageing processes. In the NORA project at the Paul Scherrer Institute (PSI), platinum is injected into the cooling system with a view to reducing corrosion. Projects conducted under the auspices of the OECD's Nuclear Energy Agency (NEA) and relating to internal events and damage encourage the international exchange of information on incidents, accidents and component damage. Subject-specific databases are created on incidents involving fires or damage to passive metal components. In 2016 the OECD CODAP project prepared a report on reliability and integrity management in pressurised components. ENSI supports research projects on external events such as earthquakes, flooding, aircraft crashes and explosions. Within the OECD MECOS project, the behaviour of pipes subjected to powerful earthquakes was modelled; it showed improvements in the calculation of cyclic loading and on the limits for simulating elastic-plastic material behaviour under high loads. The impact of operator actions on incidents and accidents is the most important human factor in view of reducing uncertainty in probabilistic safety analyses, as well as the interfaces between humans and technical systems. System behaviour and accident sequences in

  10. Handling ethical, legal and social issues in birth cohort studies involving genetic research: responses from studies in six countries

    Directory of Open Access Journals (Sweden)

    LeGrandeur Jane

    2010-03-01

    Full Text Available Abstract Background Research involving minors has been the subject of much ethical debate. The growing number of longitudinal, pediatric studies that involve genetic research present even more complex challenges to ensure appropriate protection of children and families as research participants. Long-term studies with a genetic component involve collection, retention and use of biological samples and personal information over many years. Cohort studies may be established to study specific conditions (e.g. autism, asthma or may have a broad aim to research a range of factors that influence the health and development of children. Studies are increasingly intended to serve as research platforms by providing access to data and biological samples to researchers over many years. This study examines how six birth cohort studies in North America and Europe that involve genetic research handle key ethical, legal and social (ELS issues: recruitment, especially parental authority to include a child in research; initial parental consent and subsequent assent and/or consent from the maturing child; withdrawal; confidentiality and sample/data protection; handling sensitive information; and disclosure of results. Methods Semi-structured telephone interviews were carried out in 2008/09 with investigators involved in six birth cohort studies in Canada, Denmark, England, France, the Netherlands and the United States. Interviewees self-identified as being knowledgeable about ELS aspects of the study. Interviews were conducted in English. Results The studies vary in breadth of initial consent, but none adopt a blanket consent for future use of samples/data. Ethics review of new studies is a common requirement. Studies that follow children past early childhood recognise a need to seek assent/consent as the child matures. All studies limit access to identifiable data and advise participants of the right to withdraw. The clearest differences among studies concern

  11. Research and experience report 2015 - Developments in the technical and legal basis for nuclear oversight

    International Nuclear Information System (INIS)

    2016-04-01

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage international networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials. In 2015 the OECD Halden Reactor Project developed new methods for measuring the thermal conductivity of fuel and the creep of cladding materials during irradiation in the reactor and ageing processes. The PISA project of the Paul Scherrer Institute (PSI) focused on the deterministic and probabilistic assessment of the integrity of reactor pressure vessels. Under the auspices of the OECD's Nuclear Energy Agency, specific databases are being created on damage to passive metal components and electrical cables. The OECD FIRE project completed its report into the combination of fires with other events; half of these events are linked to electric arcing. ENSI research projects address external events such as earthquakes, flooding, aircraft crashes and explosions. A project of the American Society of Mechanical Engineers is investigating pre-stressed reinforced concrete slabs under explosive loads. Other OECD projects consider the effects of severe earthquakes on reinforced concrete walls and pipelines. The ROES PSI project is expanding the application of methods for assessing operator errors that can negatively influence the course of an accident. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents involving core meltdown. The results of computer models are used for the quantitative identification of plant risk in probabilistic safety analyses. The STARS PSI project improves the basic principles for

  12. Medical Students Raising Concerns.

    Science.gov (United States)

    Druce, Maralyn R; Hickey, Andrea; Warrens, Anthony N; Westwood, Olwyn M R

    2016-09-16

    After a number of high-profile incidents and national reports, it has become clear that all health professionals and all medical students must be able to raise concerns about a colleague's behavior if this behavior puts patients, colleagues, or themselves at risk.Detailed evidence from medical students about their confidence to raise concerns is limited, together with examples of barriers, which impair their ability to do so. We describe a questionnaire survey of medical students in a single-center, examining self-reported confidence about raising concerns in a number of possible scenarios. Thematic analysis was applied to comments about barriers identified.Although 80% of respondents felt confident to report a patient safety issue, students were less confident around issues of probity, attitude, and conduct. This needs to be addressed to create clear mechanisms to raise concerns, as well as support for students during the process.

  13. Raising the Titanic.

    Science.gov (United States)

    Baker, Romona

    1990-01-01

    Described is an activity in which groups of students investigate engineering principles by writing a feasibility study to raise the luxury liner, Titanic. The problem statement and directions, and suggestions for problem solutions are included. (CW)

  14. An Exploration of the Legal and Regulatory Environment of Privacy and Security through Active Research, Guided Study, Blog Creation, and Discussion

    Science.gov (United States)

    Peslak, Alan R.

    2010-01-01

    One of the most important topics for today's information technology professional is the study of legal and regulatory issues as they relate to privacy and security of personal and business data and identification. This manuscript describes the topics and approach taken by the instructors that focuses on independent research of source documents and…

  15. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations...

  16. Cooperation between public administration and scientific research in raising awareness on the role of urban planning in responding to climate change in Portugal

    Science.gov (United States)

    Alcoforado, M. J.; Campos, V.; Oliveira, S.; Andrade, H.; Festas, M. J.

    2009-09-01

    (DGOTDU), the national authority responsible for the technical implementation of the Policy for the Cities, in order to raise awareness on this issue and stimulate local authorities to carry out projects aimed at enabling urban communities to increase their resilience to climate change. A booklet on climate change in urban areas, prepared in collaboration with the University of Lisbon, will soon be edited by DGOTDU. This booklet, addressed to local decision makers, both politicians and technicians, starts by giving an overall view of the state of the art science-based knowledge on climate change, both on global and regional scale. It moves on to explain the challenges raised by climate change in Portugal, focusing on urban areas and urban development issues. The content makes use of the results of previous research, such as the results obtained from the SIAM project and other studies on urban climate, carried out by the University of Lisbon. These results were complemented with a focused approach on specific urban development issues, through collaboration with DGOTDU. The booklet ends by presenting selected examples of "good practices”, aimed at either tackling the negative impacts or enhancing the potential positive consequences of climate change. An extensive reference bibliography for further consultation is also included.

  17. At the Edge of US Immigration’s “Halt of Folly:” Data, Information, and Research Needs in the Event of Legalization

    Directory of Open Access Journals (Sweden)

    Fernando Riosmena

    2013-12-01

    Full Text Available Virtually all accounts of the state of the US immigration system point to its patently broken condition, with the presence of almost 12 million people without legal status paramount to this characterization. Because of several recent developments including continued and renewed interest in regularizing the status of most unauthorized migrants in executive and legislative branch agendas, the Center for Migration Studies of New York, with support from the John D. and Catherine T. MacArthur Foundation, convened a group of immigration specialists, researchers, scholars, and advocates in Washington, DC in September 2013 to discuss potential data, information, and research needs in the event of the enactment of large-scale legalization programs for the unauthorized population.This paper describes the results of this one-and-a-half day discussion. It begins with a description of the contours of a legalization program if it were to follow a similar form as S. 744, the Border Security, Economic Opportunity, and Immigration Modernization Act passed by the Senate in June 2013. In addition to being the most recent effort in this area, S. 744 includes a relatively complex set of conditions for “earning” legalization. A number of data, information, and research needs would need to be met to ensure the proper implementation of such a program. First, planning for effective local outreach and service delivery efforts requires estimating the eligible population at finer-scale geographies; understanding financial and time disincentives to apply and adhere to the program and skill levels required; assessing capacity in service delivery relative to the size and service needs of the local eligible population; tracking the progress of applicants through the legalization process; and understanding effective forms of outreach and service delivery. Second, assessing the effects of legalization on immigrant integration, future immigration, and fiscal and economic life

  18. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  19. Informed consent, and an ethico-legal framework for paediatric observational research and biobanking: the experience of an Italian birth cohort study.

    Science.gov (United States)

    Toccaceli, Virgilia; Serino, Laura; Stazi, Maria Antonietta

    2014-12-01

    Birth cohort studies are important tools for life-course epidemiology, given the spectrum of the environmental, behavioural, and genetic factors that should be considered when making judgements on human health. Biobanks are valuable components of studies designed to investigate the genetic variability of diseases and improve phenotypic characterisation. In studies involving vulnerable populations and biobanks, it is essential to provide ethical reasoning and analyse the legal requirements. We describe the processes and the tools used in the iterative design of an appropriate informed consent model and the ethico-legal framework of the Piccolipiù study. The Piccolipiù study is a prospective population-based study funded by the Italian Ministry of Health that intends to enrol 3,000 newborns and their mothers in five Italian cities, and to store biological samples for future use. To realise these objectives, we performed a thorough evaluation of the literature, of national and international guidelines, and of the impact of the Italian legal requirements for research biobanking. Discussions among stakeholders facilitated the design of the informed consent and the ethico-legal framework. Several topics are addressed, including the suitability of a broad informed consent for paediatric biobanks, infant vulnerability, access to and sharing of data, and the disclosure of individual's genetic results. Discussion of the ethical and legal procedures adopted in epidemiological biobanking might be a fruitful ground for comparison both at the national level, where standardization and homogeneity are lacking, and at the international level, where different regulatory issues are often in the background and might hamper research biobanks networking.

  20. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  1. Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements.

    Science.gov (United States)

    Geary, Janis; Jardine, Cynthia G; Guebert, Jenilee; Bubela, Tania

    2013-01-01

    Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK). Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Review. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.

  2. Access and benefits sharing of genetic resources and associated traditional knowledge in northern Canada: understanding the legal environment and creating effective research agreements

    Directory of Open Access Journals (Sweden)

    Janis Geary

    2013-08-01

    Full Text Available Background. Research in northern Canada focused on Aboriginal peoples has historically benefited academia with little consideration for the people being researched or their traditional knowledge (TK. Although this attitude is changing, the complexity of TK makes it difficult to develop mechanisms to preserve and protect it. Protecting TK becomes even more important when outside groups become interested in using TK or materials with associated TK. In the latter category are genetic resources, which may have commercial value and are the focus of this article. Objective. This article addresses access to and use of genetic resources and associated TK in the context of the historical power-imbalances in research relationships in Canadian north. Design. Review. Results. Research involving genetic resources and TK is becoming increasingly relevant in northern Canada. The legal framework related to genetic resources and the cultural shift of universities towards commercial goals in research influence the environment for negotiating research agreements. Current guidelines for research agreements do not offer appropriate guidelines to achieve mutual benefit, reflect unequal bargaining power or take the relationship between parties into account. Conclusions. Relational contract theory may be a useful framework to address the social, cultural and legal hurdles inherent in creating research agreements.

  3. Romania's flag raised at CERN

    CERN Multimedia

    Corinne Pralavorio

    2016-01-01

    A ceremony was held for the raising of the Romanian flag alongside the flags of CERN’s 21 other Member States.   The Romanian flag is raised alongside the flags of CERN’s other Member States, in the presence of the Romanian President, CERN’s Director-General, the President of the CERN Council and a large Romanian delegation. (Image: Maximilien Brice/ Sophia Bennett/CERN) On Monday, 5 September, the Romanian flag was raised in front of CERN for the first time, marking the country’s accession to Membership of the Organization. The blue, yellow and red flag joined those of the other 21 Member States of CERN in a ceremony attended by the President of Romania, Klaus Iohannis, the Romanian Minister for Education and Scientific Research, Mircea Dumitru, and several other members of the President’s office, the government and academia in Romania. The country officially became a CERN Member State on 17 July 2016, after 25 years of collaboration between the...

  4. Organ retention and communication of research use following medico-legal autopsy: a pilot survey of university forensic medicine departments in Japan.

    Science.gov (United States)

    Tsujimura-Ito, Takako; Inoue, Yusuke; Yoshida, Ken-ichi

    2014-09-01

    This study investigated the circumstances and problems that departments of forensic medicine encounter with bereaved families regarding samples obtained from medico-legal autopsies. A questionnaire was posted to all 76 departments of forensic medicine performing medico-legal autopsies in Japan, and responses were received from 48 (63.2%). Of the respondents, 12.8% had approached and communicated with bereaved families about collecting samples from the deceased person during an autopsy and the storage of the samples. In addition, 23.4% of these had informed families that samples might be used in research. Eighteen departments had received enquiries and requests from families about the samples, with most requests concerning their return. The response to such requests varied according to the department. Few departments interacted with the bereaved families regarding the procedure for obtaining autopsy samples, and their methods for handling family concerns differed depending on the person within the department authorised to contact the family. Moreover, the procedures for engaging in such communication have long been unclear, and no legal or ethical consensus or agreement with the general public has been established. It is important for researchers to further discuss the correct way for forensic medicine departments to communicate with bereaved families. 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.

  5. Taxation Of Partnership - Legal national reports for the Nordic Tax Research Council′s annual meeting, 2015 in Aarhus

    Directory of Open Access Journals (Sweden)

    Hilling Axel

    2015-12-01

    Full Text Available This joint report includes the five legal national reports on the taxation of partnership in the Nordic countries. The general contents of these reports are summarized and thoroughly analyzed in Liselotte Madsen’s General report, published in this issue of the NTaxJ. For additional information, details on legislative measures etc. we find it important, however, to also publish the national reports in full length. We hope you will find it valuable as well.

  6. Research document no. 20. The constitutionalizing of the international legal regime of the petroleum investments and the world market reconstruction

    International Nuclear Information System (INIS)

    Noel, P.

    2000-09-01

    We analyse the new international legal regime for upstream petroleum investments and ''state contracts'' in general. In striking contrast to the ''New international economic order'' and ''Permanent sovereignty over natural resources'' ideologies of the 1960 and 1970, the emerging regime promotes the sanctification of contractual economic rights; the strict definition of State sovereign prerogatives, and the severe limitation of their conditions of exercise; the internationalization of the settlement of disputes through direct firm-State arbitration; the integration of national territories in a competitive, transparent, non-discriminative global market for investment. We demonstrate that it is rooted in the principles of liberal constitutionalism, hence promoting the internationalization of the Rule of Law. Such a legal regime is conducive to the expansion of the market for petroleum rights, as it restores the institutional conditions for credible commitment by the State. It will also accelerate the trend toward the ''commoditization'' of hydrocarbon resources. Bilateral investments treaties (especially the United States BIT program) as well as multilateral/regional instruments both general (draft MAI, MIGA, MERCOSUR, ALENA) and energy-specific (Energy Charter Treaty) are analysed as the main pillars and diffusion mechanisms of the new regime. A final paragraph indicates the way forward: the evaluation of the impact of this new legal regime on the world oil supply curve, especially as it eventually reaches - or not - some of the lowest-cost, biggest-resources countries. (author)

  7. The Long Term Effects of Legalizing Divorce on Children

    OpenAIRE

    Gonzalez, Libertad; Viitanen, Tarja

    2008-01-01

    We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

  8. The long term effects of legalizing divorce on children

    OpenAIRE

    González Luna, Libertad; Viitanen, Tarja

    2008-01-01

    We estimate the effect of divorce legalization on the long-term well-being of children. Our identification strategy relies on exploiting the different timing of divorce legalization across European countries. Using European Community Household Panel data, we compare the adult outcomes of cohorts who were raised in an environment where divorce was banned with cohorts raised after divorce was legalized in the same country. We also have "control" countries where all cohorts were exposed (or not ...

  9. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  10. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

  11. Legal aspects of thermal discharges

    International Nuclear Information System (INIS)

    Martin, A.J.

    1974-01-01

    An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

  12. A computerized legal information management system | Ohiagu ...

    African Journals Online (AJOL)

    A computerized legal information management system. ... process through the filling system using the survey research methodology. ... A framework for the design and implementation of a legal information management system was presented.

  13. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  14. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  15. Respect, trust, and the management of sickle cell disease pain in hospital: comparative analysis of concern-raising behaviors, preliminary model, and agenda for international collaborative research to inform practice

    Science.gov (United States)

    Elander, James; Beach, Mary Catherine; Haywood, Carlton

    2011-01-01

    Background/objectives Qualitative interview studies suggest that adult patients’ experiences of hospital treatment for sickle cell disease (SCD) pain reflect an absence of respect by providers for patients, and an absence or breakdown of trust. Systematic comparisons between treatment settings could help identify contextual influences on respect and trust. Design Quantitative comparison of concern-raising behaviors (pain treatment outcomes indicating breakdowns of trust) among adult SCD patients in Baltimore, Maryland, USA, and London, UK, followed by analysis of potential explanations for differences, including socio-cultural and behavioral factors, with a preliminary model of the processes leading to concern-raising behaviors. Results Rates of concern-raising behaviors were significantly higher in Baltimore than London. The model identifies respect and trust as key factors which could be targeted in efforts to improve the quality of SCD pain management in hospital. Conclusion An agenda for international, interdisciplinary research to improve the treatment of SCD pain in hospital should include: comparative analyses between countries and treatment settings of factors that could influence respect and trust; research to test hypotheses derived from models about the roles of respect and trust in the treatment of pain; studies of the impact of healthcare structures and policy on patients’ experiences of care; research focusing on developmental and interpersonal processes related to respect and trust; applications of attribution and other social psychology theories; and development and evaluation of interventions to improve the hospital treatment of SCD pain by increasing respect and trust. PMID:21797726

  16. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  17. Strengthening national coal transitions to raise climate ambition. Issue Brief. Part of the 'Coal Transitions: Research and Dialogue on the Future of Coal' Project

    International Nuclear Information System (INIS)

    Sartor, Oliver

    2017-11-01

    The issue of coal transitions is coming into focus in both national and international climate policy discussions. There are several drivers of this. At one level, the Paris Agreement marked a significant shift in the pace, scope and ambition of global climate change mitigation action. Consequently, it is now clear that coal will need to play a more and more diminished role in the global energy mix in the coming decades, despite carbon capture and storage (CCS) technologies. It is also increasingly clear that non-climate policy-related factors, such as rapid declines in the cost of renewable energy and battery storage, will continue to challenge the previously strong role of steam coal in the global energy mix (Randall, 2015). The business-as-usual scenario is therefore evolving quickly and the downside risks to coal demand appear to be increasing. The accumulation of these factors has in turn led to a call for an assurance of 'just transition', especially from stakeholders-notably coal sector workers and their communities-whose economic livelihoods depend on the future of an industry that will be in decline. In this context, parties to the UNFCCC will be called upon via the Facilitative Dialogue of 2018 to re-evaluate the adequacy progress and subsequently to revise their levels of ambition in their nationally determined contributions (NDCs). This moment presents an important opportunity for governments to raise the overall ambition of their policies on coal transition. But how should they do this? (author)

  18. Distracted Driving Raises Crash Risk

    Science.gov (United States)

    ... this issue Health Capsule Distracted Driving Raises Crash Risk En español Send us your comments Video technology ... distracted driving, especially among new drivers, raises the risk for car crashes and near crashes. The study ...

  19. The interpretation of forensic biochemical expert test made in human body fluids: scientific - legal analysis in the research on sexual offenses

    International Nuclear Information System (INIS)

    Chaves Carballo, Diana

    2014-01-01

    The contributions of science and technology have covered the whole of human life, and relationships of coexistence are even found in the various disciplines of knowledge through legal forensics. Therefore, it is increasingly imperative that the law enforcement agents are interdisciplinary professionals, with knowledge beyond the legal knowledge to enable them make the most of the scientific knowledge in judicial proceedings. Among the natural sciences applied to right, forensic biochemistry has contributed an extremely relevant test for the investigation of various sexual offenses, much has been so, that the Organismo de Investigacion Judicial of Costa Rica has in its Departamento de Laboratorios de Ciencias Forenses with specialized sections in this discipline. A diversity of skills are performed of presumptive and confirmatory character for the presence of biological fluids, sexually transmitted diseases and identification of DNA by genetic markers. Updated information is given with respect to the correct interpretation of forensic biochemical expertises achievable for identification of semen, blood and human saliva in the investigation of sexual offenses. A scientific and legal language is used allowing the most of this information in the criminal process. The main objective has been to interpret, legal and scientifically, forensic biochemical expert evidence performed in human body fluids during the investigation of sexual offenses. A legal, doctrinal and scientific review is presented with compilation of related jurisprudence and criminology reports analysis of Seccion de Bioquimica of the Departamento de Laboratorios Forenses of the Organismo de Investigacion Juridica issued during the investigation of sexual offenses. Two types of attainable skills have existed for the identification of biological fluids, each with a different binding. In addition, it has been clear, due to the lexicon employed when making a forensic biochemist opinion, that to make a proper

  20. Legal Parameters of Space Tourism

    OpenAIRE

    Smith, Lesley Jane; Hörl, Kay-Uwe

    2004-01-01

    The commercial concept of space tourism raises important legal issues not specifically addressed by first generation rules of international spacelaw. The principles established in the nineteen sixties and seventies were inspired by the philosophy that exploration of space was undertaken by and for the benefit of mankind. Technical developments since then haveincreased the potential for new space applications, with a corresponding increase in commercial interest in space. If space tourism is t...

  1. Macroeconomic Conditions and Capital Raising

    OpenAIRE

    Isil Erel; Brandon Julio; Woojin Kim; Michael S. Weisbach

    2011-01-01

    Do macroeconomic conditions affect firms' abilities to raise capital? If so, how do they affect the manner in which the capital is raised? We address these questions using a large sample of publicly-traded debt issues, seasoned equity offers, bank loans and private placements of equity and debt. Our results suggest that a borrower's credit quality significantly affects its ability to raise capital during macroeconomic downturns. For noninvestment-grade borrowers, capital raising tends to be p...

  2. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  3. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy

    Science.gov (United States)

    Harper, Joyce C; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2013-01-01

    In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and assisted reproductive technology (ART), and published an extended background paper, recommendations and two Editorials. Seven years later, in March 2012, a follow-up interdisciplinary workshop was held, involving representatives of both professional societies, including experts from the European Union Eurogentest2 Coordination Action Project. The main goal of this meeting was to discuss developments at the interface between clinical genetics and ARTs. As more genetic causes of reproductive failure are now recognised and an increasing number of patients undergo testing of their genome before conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and preimplantation genetic diagnosis (PGD) may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from randomised clinical trials to substantiate that the technique is both effective and efficient. Whole-genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (International Standards Organisation – ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving but still remains very heterogeneous and often contradictory. The lack of legal harmonisation and uneven access to infertility treatment and PGD/PGS fosters considerable cross-border reproductive care in Europe and beyond. The aim of this paper is to complement previous publications and

  4. Connecting the Dots: Raising a Reader Builds Evidence Base for Its Parent Engagement and Early Literacy Program. Research Report. Publication #2014-60

    Science.gov (United States)

    Walker, Karen; Gooze, Rachel A.; Torres, Alicia

    2014-01-01

    Early literacy skills are the foundation for school success. This is particularly important for groups of children at heightened risk of poor educational outcomes, such as English language learners and children from low-income families. Informed by a growing body of research and evaluation studies that point to the importance of home literacy…

  5. Legal clinic gender sensitive method for law students

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2008-01-01

    Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

  6. Current issues in medically assisted reproduction and genetics in Europe: research, clinical practice, ethics, legal issues and policy.

    Science.gov (United States)

    Harper, Joyce; Geraedts, Joep; Borry, Pascal; Cornel, Martina C; Dondorp, Wybo J; Gianaroli, Luca; Harton, Gary; Milachich, Tanya; Kääriäinen, Helena; Liebaers, Inge; Morris, Michael; Sequeiros, Jorge; Sermon, Karen; Shenfield, Françoise; Skirton, Heather; Soini, Sirpa; Spits, Claudia; Veiga, Anna; Vermeesch, Joris Robert; Viville, Stéphane; de Wert, Guido; Macek, Milan

    2014-08-01

    How has the interface between genetics and assisted reproduction technology (ART) evolved since 2005? The interface between ART and genetics has become more entwined as we increase our understanding about the genetics of infertility and we are able to perform more comprehensive genetic testing. In March 2005, a group of experts from the European Society of Human Genetics and European Society of Human Reproduction and Embryology met to discuss the interface between genetics and ART and published an extended background paper, recommendations and two Editorials. An interdisciplinary workshop was held, involving representatives of both professional societies and experts from the European Union Eurogentest2 Coordination Action Project. In March 2012, a group of experts from the European Society of Human Genetics, the European Society of Human Reproduction and Embryology and the EuroGentest2 Coordination Action Project met to discuss developments at the interface between clinical genetics and ART. As more genetic causes of reproductive failure are now recognized and an increasing number of patients undergo testing of their genome prior to conception, either in regular health care or in the context of direct-to-consumer testing, the need for genetic counselling and PGD may increase. Preimplantation genetic screening (PGS) thus far does not have evidence from RCTs to substantiate that the technique is both effective and efficient. Whole genome sequencing may create greater challenges both in the technological and interpretational domains, and requires further reflection about the ethics of genetic testing in ART and PGD/PGS. Diagnostic laboratories should be reporting their results according to internationally accepted accreditation standards (ISO 15189). Further studies are needed in order to address issues related to the impact of ART on epigenetic reprogramming of the early embryo. The legal landscape regarding assisted reproduction is evolving, but still remains very

  7. Therapeutic Jurisprudence in Health Research: Enlisting Legal Theory as a Methodological Guide in an Interdisciplinary Case Study of Mental Health and Criminal Law.

    Science.gov (United States)

    Ferrazzi, Priscilla; Krupa, Terry

    2015-09-01

    Studies that seek to understand and improve health care systems benefit from qualitative methods that employ theory to add depth, complexity, and context to analysis. Theories used in health research typically emerge from social science, but these can be inadequate for studying complex health systems. Mental health rehabilitation programs for criminal courts are complicated by their integration within the criminal justice system and by their dual health-and-justice objectives. In a qualitative multiple case study exploring the potential for these mental health court programs in Arctic communities, we assess whether a legal theory, known as therapeutic jurisprudence, functions as a useful methodological theory. Therapeutic jurisprudence, recruited across discipline boundaries, succeeds in guiding our qualitative inquiry at the complex intersection of mental health care and criminal law by providing a framework foundation for directing the study's research questions and the related propositions that focus our analysis. © The Author(s) 2014.

  8. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  9. The Campus Green: Fund Raising in Higher Education. ERIC Digest.

    Science.gov (United States)

    Brittingham, Barbara E.; Pezzullo, Thomas R.

    This digest summarizes issues raised in a research report on fund raising in higher education. The following questions are addressed: What are the changes and trends since the early days of educational fund raising? What are the implications? What is known about spending? What is known about donor behavior? What are the major ethical issues? What…

  10. The participation of minors in preventive HIV research trials in South Africa: legal and human rights considerations.

    Science.gov (United States)

    van Wyk, Christa

    2003-01-01

    The constitutional prohibition of experimentation/research without the individual subject's (own) consent is investigated. A distinction is drawn between therapeutic and non-therapeutic research. A minor of 14 is competent to consent independently to medical treatment (which would include therapeutic research), but not to non-therapeutic research. A minor must be at least 18 years to be able to do so. Proxy consent can be secured for the participation of minors under 18 in non-therapeutic research only if they assent, if their participation in the research is indispensable and the research carries no more than negligible risk. Since the risks inherent in HIV preventive vaccine trials may carry more than negligible risk, these trials may not be carried out on children under 18. The limitation of rights and the consideration of foreign and international law in the interpretation of the South African Bill of Rights are investigated.

  11. Legal reality of Russia: constants and variables

    Directory of Open Access Journals (Sweden)

    Andrey Valeryevich Skorobogatov

    2015-06-01

    Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

  12. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

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

  13. School Perceptions of Children Raised by Grandparents

    Science.gov (United States)

    Edwards, Oliver W.

    2018-01-01

    Increasing numbers of children raised by grandparents are students in schools. Their substitute family structure and precursors to the emergence of this family structure have implications for the children's school performance. Research suggests teachers view these children as at risk for difficult school functioning. The aforementioned judgment is…

  14. HISTORICAL-PHILOSOPHICAL-LEGAL RESEARCH OF THE PHENOMENON OF THE GENDER AS THE FACTOR OF THE SOCIAL STATUS OF THE UKRAINIAN WOMAN

    Directory of Open Access Journals (Sweden)

    H. F. Moskalyk

    2017-12-01

    Full Text Available Topicality. Under the conditions of Ukraine’s integration into the European community, there is an urgent need to restructure all social institutions, freeing them from all forms of discrimination, including on the basis of gender. Modern problems of the state's socioeconomic development require a new look at the functional roles of men and women, as well as the understanding that the political, economic, cultural future of society depends on overcoming gender stereotypes that are deeply rooted in the social and individual consciousness and inhibit social progress, and also the development of democracy. That is why, today, it is extremely important to study the issue of social influence and the role of women and determine their social status against the backdrop of the historical development of our state. Purpose. The article studies the emergence and adoption of the phenomenon of gender as a factor of the social status of the Ukrainian woman in the historical, philosophical and legal realm. Methodology. In the research process the authors used the methods of analyzing and synthesizing historical sources to study the content and main provisions of philosophical concepts and legal norms that formed the social status of a Ukrainian woman at different historical periods of society development, with their subsequent comparison and generalization. Originality. The work further develops the theory of gender processes with the use of interdisciplinary approaches to the study of the phenomenon of gender in the historical, philosophical and legal field as a factor of the social status of the Ukrainian woman, to critically re-evaluate the value guidelines on the construction of modern society and the formation of new ideas about the role and model of behavior of men and women and their interaction in society. Conclusions. For a long time, the social status of women was formed under the influence of philosophical views and concepts, slowly turned into

  15. A legal approach to radioactive waste management

    International Nuclear Information System (INIS)

    Derche, B.; Rocamora, P.; Salelles, A.

    1983-01-01

    The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

  16. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  17. The Potential Impact of Social Science Research on Legal Issues Surrounding Single-Sex Classrooms and Schools

    Science.gov (United States)

    Eckes, Suzanne Elizabeth; McCall, Stephanie D.

    2014-01-01

    Purpose: This article examines the role social science has played in litigation involving public single-sex educational programs. It also explores a body of social science research related to gender and education that we believe could assist the courts and school leaders in better examining the possibilities and the limitations of single-sex…

  18. The users of legal information

    Directory of Open Access Journals (Sweden)

    Fabio Assis Pinho

    2012-04-01

    Full Text Available The decision making needs must be based on current and reliable information, especially in legal environments. In Brazil, the changes in legislation are constants because of the enactments of the provisional measures. In this sense, it is necessary to know the sources and changes to satisfy the needs of users of legal area. Therefore, through an exploratory research, it aimed to do a user study, experts on legal aspects in the law library of the Regional Procurator of the Republic of the 5th Region (Brazil, which is a unit belonging to Brazil's Federal Public Ministry, with the use of a questionnaire as data collection tool. The results shows that users of legal information is more demanding and expert in their search and uses various sources, because their information needs has a high degree of difficulty.

  19. Legal issues in cash balance pension plan conversions.

    Science.gov (United States)

    Forman, J B

    2001-01-01

    Replacing a traditional pension with a cash balance plan raises a number of complicated and unsettled legal issues, including the protection of accrued benefits, the rate of benefit accrual, age discrimination and notice requirements. This article discusses those issues and concludes that routine conversions to cash balance plans appear to be legal both currently and into the foreseeable future.

  20. Legal, privacy, security, access and regulatory issues in cloud computing

    CSIR Research Space (South Africa)

    Dlodlo, N

    2011-04-01

    Full Text Available a gap on reporting are on are legal , privacy, security, access and regulatory issues. This paper raises an awareness of legal, privacy, security, access and regulatory issues that are associated with the advent of cloud computing. An in...

  1. Case closed: research evidence on the positive public health impact of the age 21 minimum legal drinking age in the United States.

    Science.gov (United States)

    DeJong, William; Blanchette, Jason

    2014-01-01

    In 2006, the nonprofit organization Choose Responsibility called for repealing the 1984 National Minimum Drinking Age Act, which had led all 50 states to establish a minimum legal drinking age (MLDA) of 21 years, and allowing the states to lower their MLDA to 18 years. Two years later, the organization assembled a small group of college and university presidents (the Amethyst Initiative) to call publicly for a critical reexamination of the law. Public health and traffic safety experts responded to these efforts by generating new research on the age 21 MLDA, thus warranting an updated review of the literature. This review focuses primarily on research published since 2006, when Choose Responsibility began its public relations campaign to lower the MLDA. Recent research on the age 21 MLDA has reinforced the position that the current law has served the nation well by reducing alcohol-related traffic crashes and alcohol consumption among youths, while also protecting drinkers from long-term negative outcomes they might experience in adulthood, including alcohol and other drug dependence, adverse birth outcomes, and suicide and homicide. The age 21 law saves lives and is unlikely to be overturned. College and university leaders need to put into effect workable policies, stricter enforcement, and other evidence-based prevention efforts that have been demonstrated to reduce underage drinking and alcohol-related problems on campus and are being applied successfully at prominent academic institutions.

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

    Directory of Open Access Journals (Sweden)

    Paulo Roberto da Silva

    2010-06-01

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

  3. Raising Public Awareness of Mathematics

    CERN Document Server

    Behrends, Ehrhard; Rodrigues, José Francisco

    2012-01-01

    This collective book aims to encourage and inspire actions directed towards raising public awareness of the importance of mathematical sciences for our contemporary society in a cultural and historical perspective. Mathematical societies, in Europe and around the world, can find ideas, blueprints and suggestions for activities - including concerted actions with other international organizations - directed towards raising public awareness of science, technology and other fields where mathematics plays a strong role. The material is divided into four parts: * National experiences * Exhibitions /

  4. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  5. Legal and security requirements for the air transportation of cyanotoxins and toxigenic cyanobacterial cells for legitimate research and analytical purposes.

    Science.gov (United States)

    Metcalf, J S; Meriluoto, J A O; Codd, G A

    2006-05-25

    Cyanotoxins are now recognised by international and national health and environment agencies as significant health hazards. These toxins, and the cells which produce them, are also vulnerable to exploitation for illegitimate purposes. Cyanotoxins are increasingly being subjected to national and international guidelines and regulations governing their production, storage, packaging and transportation. In all of these respects, cyanotoxins are coming under the types of controls imposed on a wide range of chemicals and other biotoxins of microbial, plant and animal origin. These controls apply whether cyanotoxins are supplied on a commercial basis, or stored and transported in non-commercial research collaborations and programmes. Included are requirements concerning the transportation of these toxins as documented by the United Nations, the International Air Transport Association (IATA) and national government regulations. The transportation regulations for "dangerous goods", which by definition include cyanotoxins, cover air mail, air freight, and goods checked in and carried on flights. Substances include those of determined toxicity and others of suspected or undetermined toxicity, covering purified cyanotoxins, cyanotoxin-producing laboratory strains and environmental samples of cyanobacteria. Implications of the regulations for the packaging and air-transport of dangerous goods, as they apply to cyanotoxins and toxigenic cyanobacteria, are discussed.

  6. Raising HDL cholesterol in women

    Directory of Open Access Journals (Sweden)

    Danny J Eapen

    2009-11-01

    Full Text Available Danny J Eapen1, Girish L Kalra1, Luay Rifai1, Christina A Eapen2, Nadya Merchant1, Bobby V Khan11Emory University School of Medicine, Atlanta, GA, USA; 2University of South Florida School of Medicine, Tampa, FL, USAAbstract: High-density lipoprotein cholesterol (HDL-C concentration is essential in the determination of coronary heart disease (CHD risk in women. This is especially true in the postmenopausal state, where lipid profiles and CHD risk mimic that of age-matched men. Thus, interventions designed to reduce CHD risk by raising HDL-C levels may have particular significance during the transition to menopause. This review discusses HDL-C-raising therapies and the role of HDL in the primary prevention of CHD in women. Lifestyle-based interventions such as dietary change, aerobic exercise regimens, and smoking cessation are initial steps that are effective in raising HDL-C, and available data suggest women respond similarly to men with these interventions. When combined with pharmacotherapy, the effects of these lifestyle alterations are further amplified. Though studies demonstrating gender-specific differences in therapy are limited, niacin continues to be the most effective agent in raising HDL-C levels, especially when used in combination with fibrate or statin therapy. Emerging treatments such as HDL mimetic therapy show much promise in further raising HDL-C levels and improving cardiovascular outcomes.Keywords: high-density lipoprotein, HDL, women, cholesterol, heart disease

  7. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  8. Alzheimer's disease and the law: positive and negative consequences of structural stigma and labeling in the legal system.

    Science.gov (United States)

    Werner, Perla; Doron, Israel Issi

    2017-11-01

    To explore the meaning and consequences of labeling on structural stigma in the context of Alzheimer's disease (AD) in the legal system. This qualitative study was made up of three focus groups including social workers and lawyers (n = 26). Participants were asked to report their experience in circumstances in which persons with AD and their family members engage with the legal system. Thematic analysis using the constant comparative method was used. The discussions in the focus groups raised two overall themes. (1) The significance of the medical diagnostic labeling of AD in the legal system and (2) the consequences of labeling of AD within the legal system. This last theme included four sub-themes: (a) negative consequences of labeling; (b) reasons associated with negative consequences of labeling; (c) positive consequences of labeling; and (d) reasons associated with positive consequences of labeling. Findings of the study provide a first foundation for future research on the meaning and consequences of labeling in legal cases involving persons with AD. They suggest that increasing judges' knowledge about AD and reforming the existing 'status-based' legal capacity legislation might benefit by limiting the legal weight given today to the medical diagnosis.

  9. Inbound medical tourism to Barbados: a qualitative examination of local lawyers' prospective legal and regulatory concerns.

    Science.gov (United States)

    Crooks, Valorie A; Cohen, I Glenn; Adams, Krystyna; Whitmore, Rebecca; Morgan, Jeffrey

    2015-07-28

    Enabled by globalizing processes such as trade liberalization, medical tourism is a practice that involves patients' intentional travel to privately obtain medical care in another country. Empirical legal research on this issue is limited and seldom based on the perspectives of destination countries receiving medical tourists. We consulted with diverse lawyers from across Barbados to explore their views on the prospective legal and regulatory implications of the developing medical tourism industry in the country. We held a focus group in February 2014 in Barbados with lawyers from across the country. Nine lawyers with diverse legal backgrounds participated. Focus group moderators summarized the study objective and engaged participants in identifying the local implications of medical tourism and the anticipated legal and regulatory concerns. The focus group was transcribed verbatim and analyzed thematically. Five dominant legal and regulatory themes were identified through analysis: (1) liability; (2) immigration law; (3) physician licensing; (4) corporate ownership; and (5) reputational protection. Two predominant legal and ethical concerns associated with medical tourism in Barbados were raised by participants and are reflected in the literature: the ability of medical tourists to recover medical malpractice for adverse events; and the effects of medical tourism on access to health care in the destination country. However, the participants also identified several topics that have received much less attention in the legal and ethical literature. Overall this analysis reveals that lawyers, at least in Barbados, have an important role to play in the medical tourism sector beyond litigation - particularly in transactional and gatekeeper capacities. It remains to be seen whether these findings are specific to the ecology of Barbados or can be extrapolated to the legal climate of other medical tourism destination countries.

  10. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  11. Raising the Bar for Teaching

    Science.gov (United States)

    Mehta, Jal; Doctor, Joe

    2013-01-01

    The past year has seen the emergence of a broad consensus on raising the standards for entering the teaching profession. The NEA, AFT, and Council of Chief State School Officers all have said they want higher entry standards. Such an exam would be modeled after other professions and is a potential game changer. If sufficiently rigorous, the exam…

  12. Fund Raising: An International Feast.

    Science.gov (United States)

    Babb, Valorie; Marshall, Gene

    The procedure for planning an international dinner to raise funds and publicize foreign language study is described. The project, which netted several hundred dollars for a high school in North Dakota, involves careful planning over a period of months. Publicity and facilities are discussed, and the various culinary and other jobs to be…

  13. Competitive Legal Professionals' use of Technology in Legal ...

    African Journals Online (AJOL)

    Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication ...

  14. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  15. Legal socialization of personality as a phenomenon of legal psychology

    Directory of Open Access Journals (Sweden)

    Borisova S.E.

    2017-01-01

    Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

  16. LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS

    Directory of Open Access Journals (Sweden)

    Amelia-Raluca ONIŞOR

    2016-05-01

    Full Text Available The research analyses the legal effects of mergers and acquisitions from the Romanian Company Law perspective, underlining certain general principles, the procedure of annulment of such a legal transformation of companies and the protection of the employees of companies participating in the merger according to the Law no. 67/2006. These consequences of mergers and acquisions are to be seen in the broader light of the most important purpose of this legal instrument, maximizing financial and organizational efficiencies, thus legal certainty is a desirable goal to be assumed by any merger regulation.

  17. Personal Dignity in the European Legal Culture

    Directory of Open Access Journals (Sweden)

    Lyudmila V. Butko

    2017-09-01

    Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

  18. Virtual Reality and Legal Education

    OpenAIRE

    Kiskinov, Vihar

    2014-01-01

    Report published in the Proceedings of the National Conference on "Education and Research in the Information Society", Plovdiv, May, 2014 The paper examines the impact of virtual reality on legal education. Association for the Development of the Information Society, Institute of Mathematics and Informatics Bulgarian Academy of Sciences, Plovdiv University "Paisii Hilendarski"

  19. Towards a Legal Recommender System

    NARCIS (Netherlands)

    Winkels, R.; Boer, A.; Vredebregt, B.; van Someren, A.

    2014-01-01

    In this paper we present the results of ongoing research aimed at a legal recommender system where users of a legislative portal receive suggestions of other relevant sources of law, given a focus document. We describe how we make references in case law to legislation explicit and machine readable,

  20. Legal Information Sources: An Annotated Bibliography.

    Science.gov (United States)

    Conner, Ronald C.

    This 25-page annotated bibliography describes the legal reference materials in the special collection of a medium-sized public library. Sources are listed in 12 categories: cases, dictionaries, directories, encyclopedias, forms, references for the lay person, general, indexes, laws and legislation, legal research aids, periodicals, and specialized…

  1. Features of legal mechanism environmental responsibility of citizens in Ukraine

    Directory of Open Access Journals (Sweden)

    О. О. Шинкарьов

    2015-05-01

    Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it.  It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions:    1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological  and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are

  2. Genomic cloud computing: legal and ethical points to consider.

    Science.gov (United States)

    Dove, Edward S; Joly, Yann; Tassé, Anne-Marie; Knoppers, Bartha M

    2015-10-01

    The biggest challenge in twenty-first century data-intensive genomic science, is developing vast computer infrastructure and advanced software tools to perform comprehensive analyses of genomic data sets for biomedical research and clinical practice. Researchers are increasingly turning to cloud computing both as a solution to integrate data from genomics, systems biology and biomedical data mining and as an approach to analyze data to solve biomedical problems. Although cloud computing provides several benefits such as lower costs and greater efficiency, it also raises legal and ethical issues. In this article, we discuss three key 'points to consider' (data control; data security, confidentiality and transfer; and accountability) based on a preliminary review of several publicly available cloud service providers' Terms of Service. These 'points to consider' should be borne in mind by genomic research organizations when negotiating legal arrangements to store genomic data on a large commercial cloud service provider's servers. Diligent genomic cloud computing means leveraging security standards and evaluation processes as a means to protect data and entails many of the same good practices that researchers should always consider in securing their local infrastructure.

  3. Ethical, legal and social implications of incorporating personalized medicine into healthcare.

    Science.gov (United States)

    Brothers, Kyle B; Rothstein, Mark A

    As research focused on personalized medicine has developed over the past decade, bioethics scholars have contemplated the ethical, legal and social implications of this type of research. In the next decade, there will be a need to broaden the focus of this work as personalized medicine moves into clinical settings. We consider two broad issues that will grow in importance and urgency. First, we analyze the consequences of the significant increase in health information that will be brought about by personalized medicine. Second, we raise concerns about the potential of personalized medicine to exacerbate existing disparities in healthcare.

  4. Attraction of business and restriction in legal practice in Nigeria and ...

    African Journals Online (AJOL)

    PROMOTING ACCESS TO AFRICAN RESEARCH ... The legal practice is perceived by many to be a noble profession where high professional standards and ... Keywords: Attraction, Legal Practice, Globalization, Legal Education, Entreprelaw ...

  5. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    have been used in the research. The author have used a comparative method to investigate the EU cybersecurity strategy as well a, Lithuanian and foreign situations. The empirical analysis of legal documents was used to determine the legal regulation of the cybersecurity in Lithuania. In addition, Legal acts of the Republic of Lithuania have been analyzed. Having analyzed the official documents, the method allows identifying and describing the relationship between the valid legal regulations accurately. Using literature resources, the author has used the deductive method which allows drawing sufficiently reliable conclusions.

  6. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  7. Legal issues in radon affairs

    International Nuclear Information System (INIS)

    Massuelle, M.H.

    1999-01-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of experts and the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise

  8. Legal issues in radon affairs

    Energy Technology Data Exchange (ETDEWEB)

    Massuelle, M.H. [Inst. de Protection et de Surete Nucleaire, Fontenay aux Roses (France)

    1999-12-01

    In France, it was only recently that cases related to high radon concentrations in dwellings received substantial publicity. This irruption of radon as a public health issue came with the general progress of scientific knowledge and the availability of a research capacity in France able to develop expertise. We are interested here in the legal implications of issues that arise from the lag between the activity of expertsand the regulatory activity in the domain of radon. We use the term expertise very broadly, to cover the practical application of research findings, the relation of the researchers with the community, and finally the acts by which experts provide their knowledge to the community. We first examine the course by which science developed the radon issue and the way they organized to move from research to expertise; here we try to characterize the various needs for radon expertise. We then discuss the legal difficulties associated with radon expertise.

  9. Raising the standards of the calf-raise test: a systematic review.

    Science.gov (United States)

    Hébert-Losier, Kim; Newsham-West, Richard J; Schneiders, Anthony G; Sullivan, S John

    2009-11-01

    The calf-raise test is used by clinicians and researchers in sports medicine to assess properties of the calf muscle-tendon unit. The test generally involves repetitive concentric-eccentric muscle action of the plantar-flexors in unipedal stance and is quantified by the number of raises performed. Although the calf-raise test appears to have acceptable reliability and face validity, and is commonly used for medical assessment and rehabilitation of injuries, no universally acceptable test parameters have been published to date. A systematic review of the existing literature was conducted to investigate the consistency as well as universal acceptance of the evaluation purposes, test parameters, outcome measurements and psychometric properties of the calf-raise test. Nine electronic databases were searched during the period May 30th to September 21st 2008. Forty-nine articles met the inclusion criteria and were quality assessed. Information on study characteristics and calf-raise test parameters, as well as quantitative data, were extracted; tabulated; and statistically analysed. The average quality score of the reviewed articles was 70.4+/-12.2% (range 44-90%). Articles provided various test parameters; however, a consensus was not ascertained. Key testing parameters varied, were often unstated, and few studies reported reliability or validity values, including sensitivity and specificity. No definitive normative values could be established and the utility of the test in subjects with pathologies remained unclear. Although adapted for use in several disciplines and traditionally recommended for clinical assessment, there is no uniform description of the calf-raise test in the literature. Further investigation is recommended to ensure consistent use and interpretation of the test by researchers and clinicians.

  10. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

  11. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  12. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    OpenAIRE

    Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

    2017-01-01

    The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

  13. PACE. A Program for Acquiring Competence in Entrepreneurship. Part II: Becoming an Entrepreneur. Unit C: Legal Issues and Small Business. Research and Development Series No. 194 B-3.

    Science.gov (United States)

    Ohio State Univ., Columbus. National Center for Research in Vocational Education.

    This three-part curriculum for entrepreneurship education is primarily for postsecondary level, including four-year colleges and adult education, but it can be adapted for special groups or vocational teacher education. The emphasis of the seven instructional units in Part II is establishing a business. Unit C focuses on legal issues that affect…

  14. Williston Reservoir raising - environmental overview

    Energy Technology Data Exchange (ETDEWEB)

    1988-07-01

    This preliminary environmental overview report was prepared by B.C. Hydro in June 1987 and revised in July 1988 as an initial assessment of a possible 1.5 m (5 ft.) raise in the Williston Reservoir maximum normal level. The enviromental overview study and the associated engineering and property studies were undertaken to provide information for a decision on whether to initiate more detailed studies. Overview studies are based mainly on available reports, mapping and field data, supplemented by limited site reconnaissance and, in this case, input from key agencies and groups. The lack of adequate mapping of areas which could be affected by reservoir raising did not permit definitive conclusion to be reached. This mapping will be done over the next year to complete the overview assessment. This document covers the impact assessment of socio-economic factors, forestry, reservoir clearing, heritage, recreation, aquatic resources, and wilflife. Further studies in each of these areas are also included. 54 refs., 11 figs., 8 tabs.

  15. [Neuroscience in the Courtroom: From responsibility to dangerousness, ethical issues raised by the new French law].

    Science.gov (United States)

    Gkotsi, G-M; Moulin, V; Gasser, J

    2015-10-01

    In the past few years, spectacular progress in neuroscience has led to the emergence of a new interdisciplinary field, the so-called "neurolaw" whose goal is to explore the effects of neuroscientific discoveries on legal proceedings and legal rules and standards. In the United States, a number of neuroscientific researches are designed specifically to explore legally relevant topics and a case-law has already been developed. In Europe, neuroscientific evidence is increasingly being used in criminal courtrooms, as part of psychiatric testimony, nourishing the debate about the legal implications of brain research in psychiatric-legal settings. Though largely debated, up to now the use of neuroscience in legal contexts had not specifically been regulated by any legislation. In 2011, with the new bioethics law, France has become the first country to admit by law the use of brain imaging in judicial expertise. According to the new law, brain imaging techniques can be used only for medical purposes, or scientific research, or in the context of judicial expertise. This study aims to give an overview of the current state of the neurolaw in the US and Europe, and to investigate the ethical issues raised by this new law and its potential impact on the rights and civil liberties of the offenders. An overview of the emergence and development of "neurolaw" in the United States and Europe is given. Then, the new French law is examined in the light of the relevant debates in the French parliament. Consequently, we outline the current tendencies in Neurolaw literature to focus on assessments of responsibility, rather than dangerousness. This tendency is analysed notably in relation to the legal context relevant to criminal policies in France, where recent changes in the legislation and practice of forensic psychiatry show that dangerousness assessments have become paramount in the process of judicial decision. Finally, the potential interpretations of neuroscientific data

  16. SOCIO-ECONOMIC AND LEGAL ASPECTS OF ENVIRONMENTAL CRIME IN UKRAINE

    Directory of Open Access Journals (Sweden)

    Tamara Hubanova

    2017-12-01

    Full Text Available The increased danger of environmental crime is primarily determined by an increase in anthropogenic pressure on the natural environment, which, in the conditions of the global environmental crisis, threatens to cause significant, often non-renewable, damage to the vital interests of man, society, and the state. Ukraine belongs to the countries with the worst ecological situation. Pollution of the environment reached unprecedented levels in recent years. The purpose of the study is to reveal the essence and causes of environmental crime in Ukraine, socioeconomic aspects of the identified phenomenon, analyse the impact of negative consequences of environmental crime on the Ukrainian economy, as well as study legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues. The subject of the study is the socio-economic and legal aspects of environmental crime in Ukraine. Methodology. In order to achieve the goal, the authors of the study carried out an analysis of the definition of the system of environmental crimes in the scientific literature, various statistical data on the state of the ecological situation and crime in Ukraine, as well as laws and regulations defining the national environmental policy of Ukraine. As a result of the study, the essence and causes of environmental crime in Ukraine are highlighted, socio-economic aspects of the phenomenon, the impact of negative consequences of environmental crime on the Ukrainian economy, and legal aspects of criminal liability for environmental crimes and international legal standards on the raised issues are revealed. Value/originality. The raised issues repeatedly attracted the attention of many researchers; in the scientific literature, various aspects of environmental crime were given attention in the works of famous scholars in the field of criminal and environmental law, experts in the field of economics of natural resources. However, the

  17. Ulysses arrangements in psychiatric treatment: towards proposals for their use based on 'sharing' legal capacity.

    Science.gov (United States)

    Bielby, Phil

    2014-06-01

    A 'Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on 'competence-insensitive' UAs, which raise the question of the permissibility of overriding the patient's subsequent decisionally competent change of mind on the authority of the patient's own prior agreement. In "The Ethical Justification for Ulysses Arrangements", I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In "Decisional Competence and Legal Capacity in UAs", I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in "Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs", I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research.

  18. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  19. Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2009. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht/Rapport sur la recherche et les experiences en 2009. Developpements dans les bases techniques et legales pour la surveillance nucleaire/Research and experience report 2009. Developments in the technical and legal basis of nuclear oversight

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2010-04-15

    In terms of research into regulatory safety, ENSI awards and coordinates research projects designed to develop current scientific knowledge and expertise and to make the results available to the regulatory process. ENSI currently supports research in four different areas: Reactor Safety; Radiological Protection; Transport and Waste Management; and Human Influence, Organisation and Safety Culture. Research in reactor safety focuses on materials research of relevance to the monitoring of ageing mechanisms such as fatigue, corrosion, embrittlement and the development of cracks, together with research into incidents and accidents and their relevance to improvements in safety analyses. It investigates issues such as the interaction between core meltdown and water and concrete, as well as the development of methodologies and software. In addition, ENSI is a partner in a range of international database projects giving it access to information on the causes, frequency and characteristics of individual incidents. The aim of radiological protection is to protect personnel, local people and the environment in the vicinity of nuclear facilities from ionising radiation. ENSI supports research into dosimetry and radio analysis. Another area of particular importance is research designed to improve the methodologies used to monitor the release of radioactive materials into the environment. In the area of transport and waste management, ENSI investigates the suitability of geological strata for the deep storage of radioactive waste. Experiments are being conducted at the Mont Terri Rock Laboratory into the geological, hydro-geological, geochemical and rock-mechanical properties of the Opalinus clay. ENSI is supporting an experiment designed to characterise the fracture generation in the excavation damage zone of a gallery triggered by stress changes in the surrounding rock. The research is also looking at the chemical reactions occurring in a deep repository, together with the

  20. Legal aspects of intergenerational equity issues

    International Nuclear Information System (INIS)

    Green, H.P.

    1984-01-01

    This paper examines the extent to which American law and legal institutions have addressed problems of intergenerational equities. Beginning with a definition of the issue, the paper goes on to address conservation law, public debt ceilings, property law, and eugenic laws. The research supports the conclusion that neither statutory law, the formal expression of public policy articulated by the legislature, nor common law, the case-by-case definition of private legal rights by the courts has developed a coherent set of legal principles for dealing with the difficult problems of intergenerational equity. 15 references

  1. INTERNATIONALLY LEGAL MEASURES TO COMBAT TERRORIST FINANCING

    Directory of Open Access Journals (Sweden)

    Yuniarti Yuniarti

    2014-09-01

    Full Text Available Following the terrorist attacks in the USA on September 11th, 2001, it was discovered that money laundering was a significant source of finance for terrorists. Although, the amount of money that involve is not as involve as in drug and gun trafficking, terrorist financing had been the most important substance to be monitor. Further, various legal measures have been taken internationally in order to combat terrorist financing. This research analyses the legal measures that have been taken internationally and at EU level to combat terrorist financing. Key words: Money Laundering, Terrorist Financing, International Legal measures, EU.

  2. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  3. Ex Machina: Analytical platforms, Law and the Challenges of Computational Legal Science

    Directory of Open Access Journals (Sweden)

    Nicola Lettieri

    2018-04-01

    Full Text Available Over the years, computation has become a fundamental part of the scientific practice in several research fields that goes far beyond the boundaries of natural sciences. Data mining, machine learning, simulations and other computational methods lie today at the hearth of the scientific endeavour in a growing number of social research areas from anthropology to economics. In this scenario, an increasingly important role is played by analytical platforms: integrated environments allowing researchers to experiment cutting-edge data-driven and computation-intensive analyses. The paper discusses the appearance of such tools in the emerging field of computational legal science. After a general introduction to the impact of computational methods on both natural and social sciences, we describe the concept and the features of an analytical platform exploring innovative cross-methodological approaches to the academic and investigative study of crime. Stemming from an ongoing project involving researchers from law, computer science and bioinformatics, the initiative is presented and discussed as an opportunity to raise a debate about the future of legal scholarship and, inside of it, about the challenges of computational legal science.

  4. 互联网众筹融资的《证券法》适用问题研究%The Legal Research on Internet-based Crowdfunding and The Security Law

    Institute of Scientific and Technical Information of China (English)

    刁文卓

    2015-01-01

    Crowdfunding ,the use of Internet to raise money through small contributions from a large number of investors ,could cause a revolution in small‐business financing .However ,crowdfunding also poses some problems under The Interpretation of the Supreme People's Court of Several Issues on the SpecificApplicationofLawintheHandlingofCriminalCasesaboutIllegalFund‐raising.Inthisarti‐cle ,the author proposed that crowdfunding sometimes involves the sale of securities ,triggering the regis‐tration requirements of T he Security L aw .As a result ,the definition of security should be enlarged under The Security Law .We need to learn overseas experience represented by the JOBS Act ,and accurately de‐fine the legal status and characteristics of crowdfunding .We also need to make the appropriate response to the legal structure and regulatory system of crowdfunding based on the proper coordination between the capital formation and investor protection .%众筹融资作为一种处于萌芽期的互联网金融模式,由于面临数量众多的投资者且融资金额较大,极易触碰非法集资的红线。通过分析,众筹融资本质是一种证券发行行为,筹资者、众筹平台、投资人这三方参与主体分别对应着发行人、证券交易所和投资者这三种《证券法》下的特定主体。但由于我国《证券法》的适用范围过窄,导致众筹融资无法适用《证券法》而被冠以“非法集资”的罪名。因此,扩大“证券”的范围是为众筹融资“正名”的直接途径,同时借鉴美国2012年JOBS法案中对众筹融资注册豁免的经验,在妥善协调资本形成与投资者保护关系的基础上,针对众筹融资的法律构造和监管制度作出相应的回应。

  5. Global artificial photosynthesis project: a scientific and legal introduction.

    Science.gov (United States)

    Faunce, Thomas

    2011-12-01

    With the global human population set to exceed 10 billion by 2050, its collective energy consumption to rise from 400 to over 500 EJ/yr and with the natural environment under increasing pressure from these sources as well as from anthropogenic climate change, political solutions such as the creation of an efficient carbon price and trading scheme may arrive too late. In this context, the scientific community is exploring technological remedies. Central to these options is artificial photosynthesis--the creation, particularly through nanotechnology, of devices capable to doing what plants have done for millions of years - transforming sunlight, water and carbon dioxide into food and fuel. This article argues that a Global Artificial Photosynthesis (GAP) project can raise the public profile and encourage the pace, complexity and funding of scientific collaborations in artificial photosynthesis research. The legal structure of a GAP project will be critical to prevent issues such as state sovereignty over energy and food resources and corporate intellectual monopoly privileges unduly inhibiting the important contribution of artificial photosynthesis to global public health and environmental sustainability. The article presents an introduction to the scientific and legal concepts behind a GAP project.

  6. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  7. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  8. Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

    Science.gov (United States)

    Marishet, Mohammed Hamza

    The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

  9. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  10. HAPPINESS ORIENTATIONS AMONG ADOLESCENTS RAISED IN URBAN AND RURAL AREAS

    Directory of Open Access Journals (Sweden)

    Anisti Anggraeny

    2016-08-01

    Full Text Available Researcher takes particular interest to discover the respondents’ orientation towards happiness based on where the respondent was raised. The study involves 467 senior high school students with ages ranging from 14-17 years old. The data is analyzed using an adapted society psychological approach. The results shows that adolescents raised in rural areas are consider the family to be a factor that contributes to their happiness. Second, achievement is also a factor that leads to happiness. However for the category, to love and be loved, adolescents growing in urban areas place this as a factor that leads to happiness. Similar with spirituality, friends and leisure time are factors that make adolescents raised in urban areas to become happy. Nevertheless, the results of cross tabulation with Pearson chi square test scoring demonstrates that no correlations exist between adolescent happiness raised from urban or rural areas.

  11. Capital raising of aerospace companies: equities or debts?

    Science.gov (United States)

    Hui-Shan, L.; Taw-Onn, Y.; Wai-Mun, H.

    2016-10-01

    Aerospace products enhance national and economic activities, thus maintaining the sustainability of aerospace industry is crucial. One of the perspectives in ensuring sustainability of aerospace companies is expansion of firms by raising funds for research and development in order to provide a reasonable profitability to the firms. This study comprises a sample of 47 aerospace companies from 2009 to 2015 to analyze the impact of raising fund by equities or debts to the profitability of the firms. The result indicates that capital raising through equities is preferable than debts. Moreover, the study also identifies that the profit of aerospace industry is volatile and there is cyclical reduction of the net income in the first quarter of the year. The management needs to make wise decisions in raising fund to ensure a healthy growth of the aerospace company.

  12. The Concordance of Multilingual Legal Texts at the WTO

    Science.gov (United States)

    Condon, Bradly J.

    2012-01-01

    Multilingualism is a sensitive and complex subject in a global organisation such as the World Trade Organization (WTO). In the WTO legal texts, there is a need for full concordance, not simply translation. This article begins with an overview of the issues raised by multilingual processes at the WTO in the negotiation, drafting, translation,…

  13. Operating Classroom Aesthetic Reading Environment to Raise Children's Reading Motivation

    Science.gov (United States)

    Chou, Mei-Ju; Cheng, Jui-Ching; Cheng, Ya-Wen

    2016-01-01

    This research aims to explore how preschool educators understand about raising children's reading motivation through operating classroom aesthetic reading environment. With one year qualitative research, sixteen 4-6 years old young were observed and interviewed. The first stage interviews were undergone with environmental guidance. After the…

  14. The legal regulation of career course in Latvian Police

    OpenAIRE

    Kitija Bite

    2013-01-01

    ANNOTATION The research „The legal regulation of career course in Latvian Police” describes the existing legal regulation of all Service elements. In order to unveil the intended purpose several aspects were analyzed – selection and professional training for the Service, organization of the career and termination of legal relationships. The structure of the research is constituted by the given elements, where a chapter is dedicated to each of them. With regard to foreign exp...

  15. Applying legal principles to stimulate open standards: the role of forums and consortia

    NARCIS (Netherlands)

    Hoenkamp, R.A.; Folmer, E.J.A.; Huitema, G.B

    2012-01-01

    In this paper it is argued that openness in standards raises its quality level. This study is done not only from a technical business administration point of view but also from a legal perspective. It is shown that applying legal principles, in particular the principles of Good Governance can

  16. Regulatory challenges of robotics : Some guidelines for addressing legal and ethical issues

    NARCIS (Netherlands)

    Leenes, Ronald; Palmerini, Erica; Koops, Bert-Jaap; Bertolini, Andrea; Salvini, Pericle; Lucivero, Federica

    2017-01-01

    Robots are slowly, but certainly, entering people’s professional and private lives. They require the attention of regulators due to the challenges they present to existing legal frameworks and the new legal and ethical questions they raise. This paper discusses four major regulatory dilemmas in the

  17. Legal means of the energy development in the respect of the environment in French law: research on the law of the sustainable development

    International Nuclear Information System (INIS)

    Grammatico, L.

    2003-05-01

    The energy regulation, in France, appears autonomous compared. to the environmental law. It was necessary to seek the reality of this autonomy, which resulted in analyzing its application at both national and community level. However, the autonomy of energy regulation has been kept in perspective through the influences of both public and economic policies, along with the general framework of life. This autonomy does not prevent the interdependence with environmental law. Indeed, the energy regulation is influenced by the environmental law, which can appear from differing viewpoints as either constraints for the energy sector or as opportunities. Here, the two regulations coexist with t:he environmental law trying to integrate completely with energy regulation. This seems to take place with difficulty through sustainable development, either requiring an evolution in traditional legal instruments or by the creation of new instruments. (author)

  18. Comments on the art and research project ‘The division of the earth: tableaux on the legal synopses of the Berlin Africa conference’

    Directory of Open Access Journals (Sweden)

    Dierk Schmidt

    2014-10-01

    Full Text Available Is pictorial language able to convey a juridical abstraction? This co-authored text addresses that question in the context of the geo-political division of Africa after the Berlin Africa Conference (Congo Conference, as a means to conceptualise colonial rule in 1884/85 – and its manifold grave consequences – as a historical by-product of Europe’s political and aesthetic modernity. Is there any value in representing the image of genocide, (while acknowledging the ‘impossibility’ of its representation? With these issues in mind, lawyer Malte Jaguttis and artist Dierk Schmidt offer a commentary based on their project, ‘The division of the earth — Tableaux on the legal synopses of the Berlin Africa Conference’.

  19. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  20. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

  1. 50 CFR 14.23 - Live farm-raised fish and farm-raised fish eggs.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 1 2010-10-01 2010-10-01 false Live farm-raised fish and farm-raised fish eggs. 14.23 Section 14.23 Wildlife and Fisheries UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF... Exportation at Designated Ports § 14.23 Live farm-raised fish and farm-raised fish eggs. Live farm-raised fish...

  2. The legal mentality and the succession of the law.

    Directory of Open Access Journals (Sweden)

    Vladimir Rybakov

    2017-01-01

    Full Text Available УДК 340Subject. The peculiarities of the legal mentality and succession of law, their correlation and communication.The purpose of the article is to identify the relationship of the legal mentality and development of the law.Methodology. The research is based on the method of legal analysis, formal-legal method.Results, scope of application. The legal mentality and continuity in the law are linked and have common features. They are based on national law, are a reflection of him.Continuity in the law is objectively existing relationship between the various stages of its development, aimed at ensuring the continuity of national rights, preserving the past in the present.The basis of the legal mentality and continuity in the development of the law are objective factors. These phenomena are associated with the past, with the history of their own, caused by it. The development of law and legal awareness is provided not only in the change process, but in the process of preservation. The legal mentality and continuity in the development of the law are genetic in nature. Communication legal mentality with continuity in the development of the law can clearly be seen in its functions: maintain the continuity of the existence of a particular community (homeostasis function, communication, preservation (protection, stabilization and preservation of justice, regulatory.Conclusions. There is an interaction between the legal mentality and continuity in the development of the law. Mentality as a historically formed and stable matrix typification of behavior and thinking through the lawmaking process predetermines the preservation and use of the original legal material is proven to be effective. The stability of the legal positions, legal thinking, passed down from generation to generation are the basis of the continuity law. Stability of legal views, legal thinking, transferred from generation to generation are the basis succession of law. 

  3. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  4. Abortion as empowerment: reproductive rights activism in a legally restricted context.

    Science.gov (United States)

    McReynolds-Pérez, Julia

    2017-11-08

    This paper analyzes the strategies used by activist health professionals in Argentina who justify providing abortion despite legal restrictions on the procedure. These "insider activists" make a case for abortion rights by linking pregnancy termination to a woman's ability to exert agency at a key point in her reproductive life, and argue that refusing women access to the procedure constitutes a grievous health risk. This argument frames pregnancy termination as an issue of empowerment and also as a medical necessity. This article is based on ethnographic research conducted in Argentina in 2013 and 2015, which includes in-depth interviews with abortion activists and health professionals and ethnographic observation at activist events and in clinics. During the period of my field research, the medical staff in one clinic shifted from abortion counseling, based on a harm reduction model, to legal pregnancy termination, a new mode of abortion provision where they directly provided abortions based on the legal health exception. These insider activists formalized the latter approach by creating a diagnostic instrument that frames women's "bio-psycho-social" reasons for wishing to terminate a pregnancy as medically justified. The clinical practice analyzed in this article raises important questions about the potential for health professionals to take on an activist role by making safe abortion accessible, even in a context where the procedure is highly restricted.

  5. The penal aspect of the essence of the legal institute

    Directory of Open Access Journals (Sweden)

    Олег Миколайович Кревсун

    2016-04-01

    Full Text Available Law, like any social phenomenon, can be the object of cognition only if legal norms that is its components, will come into connection with other legal norms, not only to form separate elements of the law. Without a comprehensive study of the interaction between legal norms, their role in the regulation of social relations will be impossible to develop effective legal measures of influence on various spheres of public life. Unfortunately, proper attention to this issue in Ukraine is not given. Examined, in fact, a certain set of interconnected rules of law, but each of them, representing this population, is investigated separately, without necessary connection with other laws. However, as presented in the legal literature, the research results confirmed the existence in law of such legal norms, which are involved in the regulation of certain social relations, being in its totality as an integrated whole. Such laws called legal institutions. Legal institutions, subinstitutes and interdisciplinary subinstitutes of penal law, both from the point of view of legal terminology and from the point of view of defining the content, in domestic science remains thoroughly unexplored and only mentioned in some scientific works of foreign authors. The term “legal institution” is used by scholars more as a term authoritative sound. In this article, we first provide a definition of the legal Institute, subinstitute and cross-subinstitute of penal law, interpret the normative contents of the allocated inherent characteristics, focusing on the absence in domestic science studies on this issue.

  6. The risk to be tolerated and the limits of practical rationality - problems involved in nuclear licensing. - Are there prerogatives of the administration in decision-making. Fundamental criticism of the undefined legal concept in the law pertaining to plant licinsing

    International Nuclear Information System (INIS)

    Wolf, R.

    1986-01-01

    This chapter discusses in detail the litigation and court decisions in nuclear energy matters, with particular attention being given to the scope and distinctness of juristic interpretations of vaguely defined legal concepts, and to the definition of the 'risk to be tolerated'. Especially the court decisions on the nuclear power plant licences for the installations at Wuergassen, Wyhl, Grafenrheinfeld and Kalkar are reviewed under the following aspects: How safe is safe enough - bursting resistance - risk prevention and practical rationality - limits of scientific research into risk probability - fundamental criticism to be raised against vaguely defined legal terms and concepts in the law governing the licensing of nuclear installations. (HSCH) [de

  7. Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders.

    Science.gov (United States)

    Parimbelli, E; Bottalico, B; Losiouk, E; Tomasi, M; Santosuosso, A; Lanzola, G; Quaglini, S; Bellazzi, R

    2018-04-01

    The main purpose of the article is to raise awareness among all the involved stakeholders about the risks and legal implications connected to the development and use of modern telemedicine systems. Particular focus is given to the class of "active" telemedicine systems, that imply a real-world, non-mediated, interaction with the final user. A secondary objective is to give an overview of the European legal framework that applies to these systems, in the effort to avoid defensive medicine practices and fears, which might be a barrier to their broader adoption. We leverage on the experience gained during two international telemedicine projects, namely MobiGuide (pilot studies conducted in Spain and Italy) and AP@home (clinical trials enrolled patients in Italy, France, the Netherlands, United Kingdom, Austria and Germany), whose development our group has significantly contributed to in the last 4 years, to create a map of the potential criticalities of active telemedicine systems and comment upon the legal framework that applies to them. Two workshops have been organized in December 2015 and March 2016 where the topic has been discussed in round tables with system developers, researchers, physicians, nurses, legal experts, healthcare economists and administrators. We identified 8 features that generate relevant risks from our example use cases. These features generalize to a broad set of telemedicine applications, and suggest insights on possible risk mitigation strategies. We also discuss the relevant European legal framework that regulate this class of systems, providing pointers to specific norms and highlighting possible liability profiles for involved stakeholders. Patients are more and more willing to adopt telemedicine systems to improve home care and day-by-day self-management. An essential step towards a broader adoption of these systems consists in increasing their compliance with existing regulations and better defining responsibilities for all the

  8. The Logic of the RAISE Specification Language

    DEFF Research Database (Denmark)

    George, Chris; Haxthausen, Anne Elisabeth

    2003-01-01

    This paper describes the logic of the RAISE Specification Language, RSL. It explains the particular logic chosen for RAISE, and motivates this choice as suitable for a wide spectrum language to be used for designs as well as initial specifications, and supporting imperative and concurrent...

  9. The Logic of the RAISE Specification Language

    DEFF Research Database (Denmark)

    George, Chris; Haxthausen, Anne Elisabeth

    2008-01-01

    This chapter describes the logic of the RAISE Specification Language, RSL. It explains the particular logic chosen for RAISE, and motivates this choice as suitable for a wide spectrum language to be used for designs as well as initial specifications, and supporting imperative and concurrent...

  10. The College President's Role in Fund Raising.

    Science.gov (United States)

    Miller, Michael T.

    The role of the college president as one of the chief actors in academic fund raising is examined against the background of today's period of financial caution and increased competition for philanthropic support. The paper first provides an overview of the state of the art of fund raising and some ways in which college and universities have…

  11. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  12. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  13. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

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

  14. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  15. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  16. Introduction to the article collection 'Translation in healthcare: ethical, legal, and social implications'.

    Science.gov (United States)

    Morrison, Michael; Dickenson, Donna; Lee, Sandra Soo-Jin

    2016-11-14

    New technologies are transforming and reconfiguring the boundaries between patients, research participants and consumers, between research and clinical practice, and between public and private domains. From personalised medicine to big data and social media, these platforms facilitate new kinds of interactions, challenge longstanding understandings of privacy and consent, and raise fundamental questions about how the translational patient pathway should be organised.This editorial introduces the cross-journal article collection "Translation in healthcare: ethical, legal, and social implications", briefly outlining the genesis of the collection in the 2015 Translation in healthcare conference in Oxford, UK and providing an introduction to the contemporary ethical challenges of translational research in biology and medicine accompanied by a summary of the papers included in this collection.

  17. Metaphorical Perceptions of the Concepts "Teaching Profession" and "Raising Students"

    Science.gov (United States)

    Bezen, Sevim; Aykutlu, Isil; Secken, Nilgun; Bayrak, Celai

    2017-01-01

    Purpose of Study: This study aims to reveal, via metaphors, pre-service biology teachers' perceptions of "teaching profession" and "raising students." Research Methods: In accordance with the aim of the study, phenomenology, one of the qualitative paradigm patterns, is used. The study group consists of 80 pre-service biology…

  18. Prohibition as ontological basis of the Russian legal reality

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2016-09-01

    Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

  19. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

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

  20. Ethical and legal dilemmas in infertility treatment

    Directory of Open Access Journals (Sweden)

    Dragojević-Dikić Svetlana

    2004-01-01

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

  1. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

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

  2. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  3. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  4. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  5. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  6. Legal consequences of kleptomania.

    Science.gov (United States)

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

    2009-12-01

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

  7. Parenting Skills: Tips for Raising Teens

    Science.gov (United States)

    ... adult is no small task. Understand the parenting skills you need to help guide your teen. By ... teen and encourage responsible behavior. Use these parenting skills to deal with the challenges of raising a ...

  8. CULTURAL AND LEGAL FACTORS OF OPTIMIZATION OF THE IDEOLOGY OF STATE-BUILDING IN UKRAINE

    Directory of Open Access Journals (Sweden)

    O. V. Krasnokutskyi

    2014-12-01

    Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.

  9. Legal mentality: the interpretation of the scientific discourse

    Directory of Open Access Journals (Sweden)

    Ігор Олексійович Поліщук

    2016-06-01

    , until recently, there was a certain shade of secondary and subordinate legal mentality. Such categorical secondary importance legal mentality has remained and when the term began to be actively used in the science of law. It is proved that the concept of «legal mentality» has a great heuristic potential and should be the focus of current research.

  10. Research and experience report 2008. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2008. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2009-04-15

    This annual report issued by the Swiss Federal Nuclear Inspectorate (ENSI) reviews research into regulatory safety and the work done during 2008. In the area of reactor safety, research - in addition to research into materials - was concentrated primarily on safety and reliability analyses. ENSI supports projects looking at ageing mechanisms such as fatigue, corrosion, embrittlement and the development of cracks under a range of environmental conditions. Topics such as the interaction between core meltdown and water and concrete as well as the development of methods and computer codes are covered. In the area of transport and waste management, ENSI is focussing its efforts on research into the geological strata suitable for the final storage of highly radioactive, long-lived waste. Human and organisational factors and safety culture now account for an increasing part of the work of this regulatory body. Appendices present an overview of work done, international activities, publications and the basic principles of the new ENSI guidelines.

  11. Development Methodology for an Integrated Legal Cadastre

    NARCIS (Netherlands)

    Hespanha, J.P.

    2012-01-01

    This Thesis describes the research process followed in order to achieve a development methodology applicable to the reform of cadastral systems with a legal basis. It was motivated by the author’s participation in one of the first surveying and mapping operations for a digital cadastre in Portugal,

  12. Legal Considerations in Clinical Decision Making.

    Science.gov (United States)

    Ursu, Samuel C.

    1992-01-01

    Discussion of legal issues in dental clinical decision making looks at the nature and elements of applicable law, especially malpractice, locus of responsibility, and standards of care. Greater use of formal decision analysis in clinical dentistry and better research on diagnosis and treatment are recommended, particularly in light of increasing…

  13. The legal status of engineering companies

    International Nuclear Information System (INIS)

    1981-10-01

    It is assumed that the carrying out of research, also in the nuclear field should be entrusted to engineering companies, especially when dealing with the setting up of technological structures. This paper considers the problems of the legal status of such companies under Italian legislation. (NEA) [fr

  14. Legal culture as a factor of social stability

    Directory of Open Access Journals (Sweden)

    M M Akulich

    2015-12-01

    Full Text Available The article examines legal culture as a factor of stability in developing societies referring to the concepts of culture proposed by P.A. Sorokin, L.N. Kogan, M.T. Iovchuk and other famous sociologists. The authors state that in the modern sociological literature legal culture is studied mainly from the theoretical rather than empirical standpoint: the sociology has accumulated a lot of data on the legal culture, although its study in the context of agreements and conflicts, stability and destructiveness is not enough. Legal culture should be regarded as a regulator and stabilizer of social interactions and relationships in both specific countries and the global space. Thus, identifying regional and global aspects of legal culture has become an important theoretical problem of the sociological studies nowadays as well as considering legal culture in relation to moral, economic and political values and priorities. The authors argue that it is not possible to build a state of law and civil society without raising the level of legal culture, and present the results of the sociological study of the legal culture in the south of the Tyumen region conducted in 2013. This survey revealed an average level of following the law in 55% of the local population, although 90% consider themselves law-abiding citizens. At the same time, 46% believe in the possibility to manipulate the law, and 60% approve the principle of equity of the law. The authors conclude that the identified average level of legal culture among the local population is an indicator of a quite stable and successful development of the region under study.

  15. Chinese legal texts – Quantitative Description

    Directory of Open Access Journals (Sweden)

    Ľuboš GAJDOŠ

    2017-06-01

    Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.

  16. Customer value in legal services : a contingency approach

    NARCIS (Netherlands)

    Esther Verboon

    2014-01-01

    Purpose Due to the recent economic crisis, competition has considerably increased in the legal profession in the Netherlands. However, marketing in legal services is mostly in its infancy and value research in this context is scarce. We therefore used a contingency approach in exploring the origin

  17. ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

    Directory of Open Access Journals (Sweden)

    Camelia, CHIRILA

    2014-11-01

    Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

  18. Modern Questions Of The Legal Philosophy

    Directory of Open Access Journals (Sweden)

    Gennadiy A. Torgashev

    2014-06-01

    Full Text Available In the present article author considers fundamental problems of law connected with equality, justice and freedom. Author proves that philosophy and law as forms of public consciousness carry out the important closely interconnected among themselves functions of the social life judgment. In the article author noted that among other forms of public consciousness law is one of difficult objects of knowledge, because law is connected with such forms of consciousness as philosophy, morals, religion, policy. The legal philosophy is the philosophical discipline having the subject the general regularities of law functioning, taken in their historical and sociocultural development, definition and the sense of legal judgment and its fundamental concepts. Law represents a set of obligatory rules of conduct (norms established by the authorized or the state. Diverse spiritual life of the society assumes a variety in the nature of law. The typology of philosophical concepts of the law and how the legal philosophy interprets legal reality is researched, various philosophical and legal concepts which are caused by two main types of rights – natural and positive are allocated. Author gives opinions of scientists, and explains own views of the author.

  19. Legal problems brought about by technological progress

    International Nuclear Information System (INIS)

    1986-01-01

    In almost all sectors of public or private life, advances in the natural sciences and the progress of technology provoke changes that have to be managed by society. Our legal system is far from being left untouched by such changes, and frequently has to cope with new and complex legal problems in all fields of law. The book in hand collects eleven lectures presented within the framework of the Studium Generale at Heidelberg University, dealing with significant developments and their effects on the law, as e.g.: Risk acceptance in the wake of new technologies, in vitro fertilisation, early diagnosis of embryonic malformation, protection of animals in the context of medical research, information technologies and data protection, accidents in space and liability problems, transfrontier air pollution, protection of the environment. The legal aspects and the social aspects are discussed in detail by the lectures. Three of the contributions have been separately analysed for the database. (orig./HSCH) [de

  20. Ethical Legal and Social Issues of Biobanking: Past, Present, and Future.

    Science.gov (United States)

    Bledsoe, Marianna J

    2017-04-01

    The past 15 years has seen considerable changes in the research environment. These changes include the development of new sophisticated genetic and genomic technologies, a proliferation of databases containing large amount of genotypic and phenotypic data, and wide-spread data sharing among many institutions, nationally and internationally. These changes have raised new questions regarding how best to protect the participants of biobanking research. In response to these questions, best practices for addressing the legal, ethical, and social issues of biobanking have been developed. In addition, new ethical guidelines related to biobanking have been established, as well as new regulations regarding privacy and human subject protections. Finally, changes in the science and the research environment have raised complex ethical issues related to biobanking, such as questions about the most appropriate consent models to use for biobanking research, commercial use and ownership issues, and whether and how to return individual research results to biobank participants. This article reviews some of the developments over the past 15 years related to the ELSI of biobanking with a look toward the future.

  1. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah

  2. German Legal History: National Traditions and Transnational Perspectives

    Directory of Open Access Journals (Sweden)

    Thomas Duve

    2014-01-01

    Full Text Available In this article, I review select institutional and analytical traditions of Legal History in 20th century Germany, in order to put forth some recommendations for the future development of our discipline. A careful examination of the evolution of Legal History in Germany in the last twenty-five years, in particular, reveals radical transformations in the research framework: Within the study of law, there has been a shift in the internal reference points for Legal History. While the discipline is opening up to new understandings of law and to its neighboring disciplines, its institutional position at the law departments has become precarious. Research funding is being allocated in new ways and the German academic system is witnessing ever more internal differentiation. Internationally, German contributions and analytic traditions are receiving less attention and are being marginalized as new regions enter into a global dialogue on law and its history. The German tradition of research in Legal History had for long been setting benchmarks internationally; now it has to reflect upon and react to new global knowledge systems that have emerged in light of the digital revolution and the transnationalization of legal and academic systems. If legal historians in Germany accept the challenge these changing conditions pose, thrilling new intellectual and also institutional opportunities emerge. Especially the transnationalization of law and the need for a transnational legal scholarship offers fascinating perspectives for Legal History.

  3. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  4. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  5. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  6. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2012. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2013-04-15

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  7. Research and experience report 2012. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2012. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2013-04-15

    The Swiss Federal Nuclear Safety Inspectorate (ENSI) acts upon the basis of the latest developments in science and technology. ENSI supports and coordinates safety research, the results of which influence directly its Guidelines, individual decisions and resources. Research projects also serve training purposes and maintain competence within ENSI and its experts. The research in fuels and materials covers the reactor core and the graded approach to barriers used for the confinement of radioactive materials. Based on test results from accidents involving a loss of coolant ENSI instructed the operators of Swiss nuclear power plants to review whether they were relevant to their own facilities. Ageing mechanisms affecting structural materials are crucial to the long-term operation of nuclear power plants. Specialised thematic databases are being created in order to facilitate a systematic analysis of relevant operating experience from numerous countries. In addition to damage that may result from events within nuclear power plants, the safety analyses also reflect external events. ENSI supports international projects conducting complex experiments and simulations of aircraft accidents and earthquakes. It is involved in some projects relating to flood risks. The effect of operator behaviour on accidents in nuclear power plants is the focus point of research into human factors which identifies and analyses certain operator errors influencing negatively the course of an accident. Proposals to improve accident procedures were developed. This research area also focuses on the influence of the control room layout on the performance of operating staff. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents resulting in core melt-down. The results are used for the quantitative evaluation of the plant risk in probabilistic safety analyses. Applied research in radiological protection ranges

  8. Food traceability systems in China: The current status of and future perspectives on food supply chain databases, legal support, and technological research and support for food safety regulation.

    Science.gov (United States)

    Tang, Qi; Li, Jiajia; Sun, Mei; Lv, Jun; Gai, Ruoyan; Mei, Lin; Xu, Lingzhong

    2015-02-01

    Over the past few decades, the field of food security has witnessed numerous problems and incidents that have garnered public attention. Given this serious situation, the food traceability system (FTS) has become part of the expanding food safety continuum to reduce the risk of food safety problems. This article reviews a great deal of the related literature and results from previous studies of FTS to corroborate this contention. This article describes the development and benefits of FTS in developed countries like the United States of America (USA), Japan, and some European countries. Problems with existing FTS in China are noted, including a lack of a complete database, inadequate laws and regulations, and lagging technological research into FTS. This article puts forward several suggestions for the future, including improvement of information websites, clarification of regulatory responsibilities, and promotion of technological research.

  9. Research and experience report 2007. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2007. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    This annual report issued by the Swiss Federal Nuclear Inspectorate (HSK) reviews the aims, duties and responsibilities of the inspectorate and the work done during 2007. In the area of reactor safety, the research covered materials and the deterministic and probabilistic analysis of incidents and their consequences. In the area of radiation protection, the protection of persons and the environment in the vicinity of nuclear facilities from ionising radiation is addressed. In this area, accurate metrology and research to improve dosimetry and radiation analysis is discussed. In the area of transport and waste management, the HSK is focussing its efforts on research into the geological strata suitable for the final storage of highly radioactive, long-lived waste. Human factors, organisation and safety culture are quoted as playing a major role in nuclear safety. According to the report, greater attention is being given to these factors by those bodies responsible for nuclear regulation. Appendices present an overview of work done, international activities and publications along with the ENSI's guidelines.

  10. Research and experience report 2007. Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2007. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-07-01

    This annual report issued by the Swiss Federal Nuclear Inspectorate (HSK) reviews the aims, duties and responsibilities of the inspectorate and the work done during 2007. In the area of reactor safety, the research covered materials and the deterministic and probabilistic analysis of incidents and their consequences. In the area of radiation protection, the protection of persons and the environment in the vicinity of nuclear facilities from ionising radiation is addressed. In this area, accurate metrology and research to improve dosimetry and radiation analysis is discussed. In the area of transport and waste management, the HSK is focussing its efforts on research into the geological strata suitable for the final storage of highly radioactive, long-lived waste. Human factors, organisation and safety culture are quoted as playing a major role in nuclear safety. According to the report, greater attention is being given to these factors by those bodies responsible for nuclear regulation. Appendices present an overview of work done, international activities and publications along with the ENSI's guidelines.

  11. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  12. Legal Issues of Intellectual Property Rights and Licensing for E-Learning Content in the United Kingdom

    Science.gov (United States)

    Mehrpouyan, Azadeh; Razavi, Ghassem Khadem

    2014-01-01

    This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

  13. Raising the four downcomers in the reactor aluminium tank of the FRJ-2 research reactor as an example of the execution of complicated work in the region of high radiation levels

    International Nuclear Information System (INIS)

    Nickel, M.; Schmitz, J.; Wolters, J.

    1975-02-01

    As a result of the planned power increase from 15 MW to 25 MW, a new emergency cooling system had to be installed in the research reactor FRJ-2 of the KFA Juelich, which called for an extension of the four standpipes in the reactor tank by 57 mm. Due to the high radiation level in the reactor tank, new techniques had to be found allowing aluminium rings of corresponding height to be welded onto the top part of the standpipes by remotecontrolled welding; moreover, the welded parts were then to be protected by a bandage made of high-quality steel. The development work was carried out in the KFA and this report gives an account of the technique applied and the results obtained. (author)

  14. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  15. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  16. Raising venture capital in the biopharma industry.

    Science.gov (United States)

    Leytes, Lev J

    2002-11-15

    Raising venture capital (VC) is both an art and a science. Future entrepreneurs should carefully consider the various issues of VC financing that have a strong impact on the success of their business. In addition to attracting the best venture capital firms, these issues include such subtle but important points as the timing of financing (especially of the first round), external support sources, desirable qualities of a VC firm, amount to be raised, establishing a productive interface between the founders and the venture capitalists, and most importantly the effects of well-executed VC funding on hiring senior executives and scientific leaders.

  17. LEGAL ISSUES IN SHARI’A PAWN GOLD PRACTICE IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Lastuti Abubakar

    2017-12-01

    Full Text Available In the past few years there is a trend of applying Islamic concept in Indonesia’s economic system and it has implications to existing legal system whereby new legal system should accommodate the changes. One of the institutions that uses both conventional and shari’a system in Indonesia is  pawning as an alternative financing mechanism, particularly for micro and consumption sectors. In practice, the function of pawning as financing instrument has shifted into investment by continuously doing pawning and buying. As a result, people who really need fund for financing are not facilitated.  The current regulation has allowed this practice for banks, pawnshops and financial institutions to offer pawn gold that is not for financing activity but for investment activity. Therefore, it raised  a question whether this activity is complying with the shari’a principles. What kind of regulations that can make the function of pawning back to its original purpose as financing mechanism. This study uses normative juridical approach by using secondary data from the legal resources, with specification of research methods using descriptive analysis whereas data are qualitatively described. The findings from this study reveal that the practice of pawning gold in Indonesia has not been fully consistent with the pawning function, therefore; it requires appropriate regulation so that the original function as the alternative financing for households and small medium enterprises (SMEs is not shifted to gold investment vehicles. Pawning gold is expected to be complementary to the businesses and households in terms of financing that cannot be fulfilled by the banks and other financial institutions.   Keywords: Pawn Gold, Legal Pawning, Shari’a

  18. Property and privacy paradigms of "marketable spit": an ethical and legal counterpart to blood?

    Science.gov (United States)

    Vernillo, Anthony Thomas; Wolpe, Paul Root

    2010-01-01

    Major advances in the testing of oral fluid (e.g., saliva) may lead to the diagnosis and treatment of previously undiagnosed conditions and may enable dentists to manage oral disease more effectively. Such use of another body fluid, blood, is already well established. Blood is a complex tissue that has been extensively researched and is now used for a wide variety of diagnostic tests. It is also regarded as a form of property with ethical and legal dimensions. If saliva is to fulfill a similar role, it should perhaps be granted those same protections. This paper advances the concept that saliva should be considered a form of property, possibly within personal biological materials law. The emerging potential for the development of marketable products from oral fluids raises the issue of protecting the research participant's ethical and legal rights. In particular, violation of privacy and genetic discrimination may arise from the testing of salivary DNA. Respect for autonomy requires that the clinician inform a patient or research participant about his or her rights to property and privacy as these may pertain to oral fluid.

  19. Public support for raising the age of sale for tobacco to 21 in the United States.

    Science.gov (United States)

    Winickoff, Jonathan P; McMillen, Robert; Tanski, Susanne; Wilson, Karen; Gottlieb, Mark; Crane, Robert

    2016-05-01

    The vast majority of tobacco users began before the age of 21. Raising the tobacco sales age to 21 has the potential to reduce tobacco use initiation and progression to regular smoking. Our objective was to assess the level of public support nationally for 'Tobacco 21' initiatives in the USA. The Social Climate Survey of Tobacco Control, a cross-sectional dual-frame survey representing national probability samples of adults was administered in 2013. Respondents were asked to state their agreement level with, 'The age to buy tobacco should be raised to 21.' Of 3245 respondents, 70.5% support raising the age to buy tobacco to 21. The majority of adults in every demographic and smoking status category supported raising the tobacco sales age to 21. In multivariable analyses, support was highest among never smokers, females, African-Americans and older adults. This national study demonstrates broad public support for raising the sales age of tobacco to 21 and will help facilitate wide dissemination of initiatives to increase the legal purchase age at national, state and local levels. Increasing public awareness about the susceptibility and rapid addiction of youth to nicotine may further increase public support for raising the tobacco sale age to 21. 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/

  20. Research and experience report 2013. Developments in the technical and legal areas of nuclear monitoring; Erfahrungs- und Forschungsbericht 2013. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2014-04-15

    The research into regulatory safety carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) serves to clarify outstanding issues, establish fundamentals and develop the tools that ENSI requires for the fulfillment of its responsibilities. The programme is divided into seven areas: 1) research on fuels and materials covers the reactor core and the multiple successive barriers used for the containment of radioactive materials. It is concentrated on high burn-ups and safety criteria. Research into structural materials is focused on ageing mechanisms. The NORA Project at the Paul Scherrer Institute (PSI) looked into the addition of platinum to the coolant as a way of reducing crack formation in primary circuits; 2) the OECD Projects on internal events and damage encourage international exchange of experience on incidents. Specific data bases facilitate a systematic analysis of relevant operating experience from numerous countries. In the field of damage to the influence of pressurised conduits, an overview report on flow-accelerated corrosion was submitted; 3) ENSI supports international projects on external events, including complex experiments and simulations of aircraft crashes and earthquakes. Earthquakes were simulated by shaking-table tests on models of reinforced concrete structures. The structural load-bearing reserves of safety-critical buildings in the event of an earthquake were studied. The Extreme Events Platform is looking at issues related to flood risks; 4) concerning human factors, the research is looking at the reliability of operator behaviour under various conditions. A methodology developed by PSI analyses operator errors with a negative impact on the course of an accident. Research continued into the optimum way to design simulator tests and into the effects of earthquakes on the reliability of operator behaviour; 5) System behaviour and accident sequences in nuclear power plants are analysed in various conditions ranging from normal

  1. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  2. Medico-legal findings, legal case progression, and outcomes in South African rape cases: retrospective review.

    Directory of Open Access Journals (Sweden)

    Rachel Jewkes

    2009-10-01

    Full Text Available BACKGROUND: Health services for victims of rape are recognised as a particularly neglected area of the health sector internationally. Efforts to strengthen these services need to be guided by clinical research. Expert medical evidence is widely used in rape cases, but its contribution to the progress of legal cases is unclear. Only three studies have found an association between documented bodily injuries and convictions in rape cases. This article aims to describe the processing of rape cases by South African police and courts, and the association between documented injuries and DNA and case progression through the criminal justice system. METHODS AND FINDINGS: We analysed a provincially representative sample of 2,068 attempted and completed rape cases reported to 70 randomly selected Gauteng province police stations in 2003. Data sheets were completed from the police dockets and available medical examination forms were copied. 1,547 cases of rape had medical examinations and available forms and were analysed, which was at least 85% of the proportion of the sample having a medical examination. We present logistic regression models of the association between whether a trial started and whether the accused was found guilty and the medico-legal findings for adult and child rapes. Half the suspects were arrested (n = 771, 14% (209 of cases went to trial, and in 3% (31 of adults and 7% (44 of children there was a conviction. A report on DNA was available in 1.4% (22 of cases, but the presence or absence of injuries were documented in all cases. Documented injuries were not associated with arrest, but they were associated with children's cases (but not adult's going to trial (adjusted odds ratio [AOR] for having genital and nongenital injuries 5.83, 95% confidence interval [CI] 1.87-18.13, p = 0.003. In adult cases a conviction was more likely if there were documented injuries, whether nongenital injuries alone AOR 6.25 (95% CI 1.14-34.3, p = 0

  3. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  4. PARA ESCRIBIR UNA TESIS JURÍDICA: TÉCNICAS DE INVESTIGACIÓN EN DERECHO TO WRITE A LEGAL THESIS: RESEARCH TECHNIQUES IN LAW

    Directory of Open Access Journals (Sweden)

    Sebastián López Escarcena

    2011-01-01

    Full Text Available Investigar es buscar información para responder una pregunta destinada a resolver un problema. Esta actividad requiere un método, que puede definirse como un modo de decir o de hacer algo con orden. En derecho, normalmente, será necesario plantear una proposición razonada o tesis, orientada a hacer una contribución original. Es indispensable definir el objeto de la tesis a fin de determinar la accesibilidad y manejo de las fuentes, tanto primarias como secundarias. Elegido el tema de la tesis, se debe hacer una bibliografía e índice tentativos. El plan de trabajo incluye un título provisorio, que transformado en pregunta guiará la investigación. Su respuesta se debe articular en torno a un argumento central, siguiendo cuatro modelos posibles: descriptivo; analítico; argumentativo, y mixto. Redactar una respuesta efectiva a una pregunta de investigación requiere respetar ciertas reglas que rigen su macro y/o micro-estructuras. Un aspecto fundamental en este proceso es la satisfacción de las expectativas del lector.Research means to look for information to answering a question aimed at solving a problem. This activity requires a method, which can be defined as a form of saying or doing something with order. In law, it will normally be necessary to state a reasoned proposition or thesis, destined to make an original contribution. It is essential to define the object of the thesis in order to establish the accessibility and handling of the sources, both primary and secondary. Once the subject of the thesis is chosen, a tentative bibliography and table of contents should be made. The work plan includes a provisional title, which transformed in a question will guide the research. Its answer should be articulated around a central argument, following four possible models: descriptive; analytic; argumentative; and matrix patterns. Drafting an effective answer to a research question requires respecting certain rules that regulate its macro

  5. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2010 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-04-15

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  6. Research and experience report 2010 - Developments in the technical and legal basis of nuclear oversight; Erfahrungs- und Forschungsbericht 2010 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2011-04-15

    This comprehensive annual report presents a review of the activities carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) in the year 2010. The inspectorate's fields of activity - fuels and materials, significant internal and external events and occurrences, human factors, system behaviour and accident sequences, radiological protection and waste disposal - are reviewed. Information on incidents in Swiss nuclear facilities are reviewed in the ENSI Surveillance Report. The Research and Experience Report also provides information on a selection of particularly instructive incidents in nuclear facilities outside Switzerland. Incidents are analysed with a view to identifying any potential relevance to Swiss nuclear facilities. International co-operation is mentioned and current changes and developments related to plant surveillance are noted. Organisational aspects are discussed and various guidelines and directives are presented and discussed

  7. Research and experience report 2014. Developments in the technical and legal areas of nuclear monitoring; Erfahrungs- und Forschungsbericht 2014. Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2015-04-15

    The research into regulatory safety carried out by the Swiss Federal Nuclear Safety Inspectorate (ENSI) serves to develop the tools that ENSI requires for the fulfilment of its responsibilities. The programme is divided into seven areas: 1) research on fuels and materials covers the reactor core and the multiple successive barriers used for the containment of radioactive materials. It is concentrated on high burn-ups and safety criteria. Research into structural materials is focused on ageing mechanisms. The SAFE Project has been investigating the formation and growth of cracks in materials used in reactor cooling circuits. The researchers at the Paul Scherrer Institute (PSI) obtained results on how the hydrogen present in hot water as well as the sequence of mechanical stresses affect crack development; 2) the OECD Projects on internal events and damage encourage international exchange of experience on incidents. Specific data bases facilitate the analysis of relevant operating experience from many countries. The ICDE Project, which is looking at common-cause failures in the components used in nuclear power plants, published an overview report on heat exchangers; 3) ENSI supports research projects on external events such as aircraft crashes, flooding and earthquakes. The Swiss Seismological Service (SED) published a report on ground motion attenuation as a function of increasing distance to the earthquake's source. By incorporating data from countries with high seismic activity, the SED has improved the attenuation model for Switzerland. The international SMART project has been looking at the impact of severe earthquakes on nuclear power plant buildings in order to represent the dynamic behaviour and vulnerability of reinforced concrete structures; 4) as far as human factors are concerned, the Halden Reactor Project completed informative simulation studies. A comparative study of 10 operator groups revealed marked variability in the way unforeseen situations

  8. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  9. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  10. Research and experience report 2016 - Developments in the technical and legal basis for nuclear oversight; Erfahrungs- und Forschungsbericht 2016 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2017-04-15

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage cross-border networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials especially concerning high burn-up rates and safety criteria. In 2016, the Studsvik Cladding Integrity Project in Sweden commissioned a new test facility to investigate the behaviour of fuel rods in loss of coolant accidents (LOCA). Research into structural materials focuses on ageing processes. In the NORA project at the Paul Scherrer Institute (PSI), platinum is injected into the cooling system with a view to reducing corrosion. Projects conducted under the auspices of the OECD's Nuclear Energy Agency (NEA) and relating to internal events and damage encourage the international exchange of information on incidents, accidents and component damage. Subject-specific databases are created on incidents involving fires or damage to passive metal components. In 2016 the OECD CODAP project prepared a report on reliability and integrity management in pressurised components. ENSI supports research projects on external events such as earthquakes, flooding, aircraft crashes and explosions. Within the OECD MECOS project, the behaviour of pipes subjected to powerful earthquakes was modelled; it showed improvements in the calculation of cyclic loading and on the limits for simulating elastic-plastic material behaviour under high loads. The impact of operator actions on incidents and accidents is the most important human factor in view of reducing uncertainty in probabilistic safety analyses, as well as the interfaces between humans and technical systems. System behaviour and accident sequences in

  11. Raising students’ awareness with respect to choice of literature

    DEFF Research Database (Denmark)

    Bagger, Bettan; Taylor Kelly, Hélène; Hørdam, Britta

    is a pedagogical tool which raises students’ awareness with respect to the necessity of employing scientific and researched based material. The tool is not only used in the theoretical setting but also in clinical practice. Students and clinical advisors evaluate the relevance of the pedagogical tool via...... questionnaires. The data will be analyzed and form the basis for further innovative teaching developments promoting the theory-clinical connection in the learning environment. Keywords: literature, education, pedagogical tool, theory-practice connection....

  12. People on the Farm: Raising Beef Cattle.

    Science.gov (United States)

    Crain, Robert L.

    This booklet provides information on raising beef cattle through profiles of two families, the Ritschards of Colorado and the Schuttes of Missouri. Through descriptions of daily life for these families, the booklet discusses the way of life on modern beef cattle farms and the problems and decisions faced by farmers. The booklet explains how…

  13. RAISING BRAND AWARENEES THROUGH INTERNET MARKETING TOOLS

    Directory of Open Access Journals (Sweden)

    Margarita Išoraitė

    2016-05-01

    Full Text Available The article analyzes the opinions of different authors on brand awareness raising. It also describes and analyzes the concept of internet marketing, the implementation. The analysis of the most urgent and the most effective online marketing tools brand awareness. Article analysis website; internet advertising; social networks; search engine optimization.

  14. Raising Butterflies from Your Own Garden.

    Science.gov (United States)

    Howley-Pfeifer, Patricia

    2002-01-01

    Describes how raising monarch, black swallowtail, and mourning cloak butterflies in a kindergarten class garden can provide opportunities for observation experiences. Includes detailed steps for instruction and describes stages of growth. Excerpts children's journal dictations to illustrate ways to support the discovery process. Describes related…

  15. Research and experience report 2015 - Developments in the technical and legal basis for nuclear oversight; Erfahrungs- und Forschungsbericht 2015 - Entwicklungen im Bereich der Grundlagen der nuklearen Aufsicht

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2016-04-15

    Projects in the research programme of the Swiss Federal Nuclear Safety Inspectorate (ENSI) contribute to the clarification of outstanding issues, establish fundamentals and develop the tools required for its regulatory activities. International projects deliver results that Switzerland could not achieve on its own and encourage international networking. The research on fuels and materials covers the reactor core and the multiple barriers for the retainment of radioactive materials. In 2015 the OECD Halden Reactor Project developed new methods for measuring the thermal conductivity of fuel and the creep of cladding materials during irradiation in the reactor and ageing processes. The PISA project of the Paul Scherrer Institute (PSI) focused on the deterministic and probabilistic assessment of the integrity of reactor pressure vessels. Under the auspices of the OECD's Nuclear Energy Agency, specific databases are being created on damage to passive metal components and electrical cables. The OECD FIRE project completed its report into the combination of fires with other events; half of these events are linked to electric arcing. ENSI research projects address external events such as earthquakes, flooding, aircraft crashes and explosions. A project of the American Society of Mechanical Engineers is investigating pre-stressed reinforced concrete slabs under explosive loads. Other OECD projects consider the effects of severe earthquakes on reinforced concrete walls and pipelines. The ROES PSI project is expanding the application of methods for assessing operator errors that can negatively influence the course of an accident. System behaviour and accident sequences in nuclear power plants are analysed in conditions ranging from normal operations through to accidents involving core meltdown. The results of computer models are used for the quantitative identification of plant risk in probabilistic safety analyses. The STARS PSI project improves the basic principles for

  16. Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS): a cluster randomized trial targeting system-wide improvement in substance use services.

    Science.gov (United States)

    Knight, Danica K; Belenko, Steven; Wiley, Tisha; Robertson, Angela A; Arrigona, Nancy; Dennis, Michael; Bartkowski, John P; McReynolds, Larkin S; Becan, Jennifer E; Knudsen, Hannah K; Wasserman, Gail A; Rose, Eve; DiClemente, Ralph; Leukefeld, Carl

    2016-04-29

    The purpose of this paper is to describe the Juvenile Justice-Translational Research on Interventions for Adolescents in the Legal System (JJ-TRIALS) study, a cooperative implementation science initiative involving the National Institute on Drug Abuse, six research centers, a coordinating center, and Juvenile Justice Partners representing seven US states. While the pooling of resources across centers enables a robust implementation study design involving 36 juvenile justice agencies and their behavioral health partner agencies, co-producing a study protocol that has potential to advance implementation science, meets the needs of all constituencies (funding agency, researchers, partners, study sites), and can be implemented with fidelity across the cooperative can be challenging. This paper describes (a) the study background and rationale, including the juvenile justice context and best practices for substance use disorders, (b) the selection and use of an implementation science framework to guide study design and inform selection of implementation components, and (c) the specific study design elements, including research questions, implementation interventions, measurement, and analytic plan. The JJ-TRIALS primary study uses a head-to-head cluster randomized trial with a phased rollout to evaluate the differential effectiveness of two conditions (Core and Enhanced) in 36 sites located in seven states. A Core strategy for promoting change is compared to an Enhanced strategy that incorporates all core strategies plus active facilitation. Target outcomes include improvements in evidence-based screening, assessment, and linkage to substance use treatment. Contributions to implementation science are discussed as well as challenges associated with designing and deploying a complex, collaborative project. NCT02672150 .

  17. [The phenomenon of alcoholism in Poland as a legal issue].

    Science.gov (United States)

    Jagielska-Burduk, Alicja; Jagielska, Iwona; Janicki, Radosław; Grabiec, Marek

    2012-01-01

    Alcoholism is a problem of a social value. About 140 million people worldwide suffer from alcoholism. Research has demonstrated adverse effects of alcohol. In the scientific project were confirmed: increased risk of cancer, liver disease, abnormal course of pregnancy and development of fetus. Among alcoholics are frequent phenomena of criminal behavior, accidents and trauma. The Polish Constitution granted the right to health citizens. The consequence of the above mentioned constitutional guarantee is the duty of the state that consists in caring for the functioning of a society free from addictions and alcohol problems. The basic legal act in this field is the Act on Upbringing in Sobriety and Counteracting Alcoholism. The state policy in the fight against alcoholism is implemented at various levels of both government and local government. The established National Agency for Solving Alcohol Problems drafts a National Programme for Prevention and Solving Alcohol Problems every year. Also important are public awareness campaigns conducted to raise awareness about the negative effects of alcohol.

  18. Legality Principle of Crimes and Punishments in Iranian Legal System

    Science.gov (United States)

    Habibzadeh, Mohammad Ja'far

    2006-01-01

    The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

  19. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  20. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

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

  1. Legal Protection Against The Dance Creator In Indonesia

    OpenAIRE

    Juwita; Juajir Sumardi; Oky Deviany Burhamzah; Hasbir Paserangi

    2015-01-01

    This research aimed to find out and to analyze the ideal legal protection so it can encourage the creator of dance in developing a creation in the field of dance and to find out and to analyze and to get the concept of legal protection of copyright in the field of dance after the enactment of Act No. 28 of 2014 concerns Copyright. This research is empirical juridical. The technique of collecting legal material is conducted through interviews questionnaires to respondents and literature study ...

  2. Ethical and legal challenges in bioenergy governance

    DEFF Research Database (Denmark)

    Gamborg, Christian; Anker, Helle Tegner; Sandøe, Peter

    2014-01-01

    of regulatory measures and options). We present ethical and legal analyses of the current stalemate on bioenergy governance in the EU using two illustrative cases: liquid biofuels for transport and solid biomass-based bioenergy. The two cases disclose some similarities between these two factors......, but the remaining differences may partly explain, or justify, contrasting forms of governance. While there seems to be no easy way in which the EU and national governments can deal with the multiple sustainability issues raised by bioenergy, it is argued that failure to deal explicitly with the underlying value...... disagreements, or to make apparent the regulatory complexity, clouds the issue of how to move forward with governance of bioenergy. We suggest that governance should be shaped with greater focus on the role of value disagreements and regulatory complexity. There is a need for more openness and transparency...

  3. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

  4. THE ELITISM OF LEGAL LANGUAGE AND THE NEED OF SIMPLIFICATION

    Directory of Open Access Journals (Sweden)

    Antonio Escandiel de Souza

    2016-12-01

    Full Text Available This article presents the results of the research project entitled “Simplification of legal language: a study on the view of the academic community of the University of Cruz Alta”. It is a qualitative nature study on simplifying the legal language as a means of democratizing/pluralize access to justice, in the view of scholars and Law Course teachers. There is great difficulty by society in the understanding of legal terms, which hinders access to justice. Similarly, the legal field is not far, of their traditional formalities, which indicates the existence of a parallel where, on one hand, is society, with its problems of understanding, and the other the law, its inherent and intrinsic procedures. However, the company may not have access to the judiciary hampered on account of formalities arising from the law and its flowery language. Preliminary results indicate simplification of legal language as essential to real democratization of access to Law/Justice.

  5. Trappings of technology: casting palliative care nursing as legal relations.

    Science.gov (United States)

    Larsen, Ann-Claire

    2012-12-01

    Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

  6. Boundaries of the Battlefield: A Critical Look at the Legal Paradigms and Rules in Countering Terrorism

    Directory of Open Access Journals (Sweden)

    Jessica Dorsey

    2013-04-01

    Full Text Available This Research Paper is a detailed report from the two-day symposium entitled The Boundaries of the Battlefield: A Critical Look at the Legal Paradigms and Rules in Countering Terrorism, which was convened in The Hague in January 2013. The conference covered a range of issues that are relevant in debates about using force in counter-terrorism operations against non-state actors. Specifically, this Paper elaborates on a number of key questions raised during the conference; these relate to the temporal and geographical limitations of armed conflict, the interplay between international humanitarian law and international human rights law, as well as the use of drones, the law enforcement approach to counter-terrorism and the possible need for a new framework for countering terrorism. The authors, Jessica Dorsey and Dr. Christophe Paulussen, supplement participants’ debates with detailed background information and theoretical discussions.

  7. Legal Analysis of EPC Contract of the Nuclear Reactor in the aspect of Nuclear Law

    International Nuclear Information System (INIS)

    Lee, D. S.; Chung, W. S.; Yun, S. W.; Yang, M. H.

    2010-01-01

    Recently, Korea Nuclear Industry and R and D Institute obtained order of Nuclear Reactor construction from the UAE and the Jordan. Though the UAE's nuclear power plant and the Jordan's Research Reactor were different each other legal issues raised in EPC contract between employer and contractor had very close characters and similar suggestions. New nuclear country have not established all necessary entities regarding regulation and control and enacted laws yet. However, nuclear technology shall be transferred to the country that is ready to or have equipped all mandatory safeguard and safety. From the reality, nuclear specific issues such as the Nuclear Indemnity, Ownership of Intellectual property, Training program for operating technicians, and nuclear licensing are emerging in the EPC contract and finding consensus to the issues between both parties were time consuming work. Our studies will analysis the issues and try to find impartial guideline

  8. Semantiz Structure of the Legal Term

    Directory of Open Access Journals (Sweden)

    Екатерина Владимировна Кулевская

    2016-12-01

    Full Text Available The article examines the semantic structure of the legal term. Nowadays, with the rapid development of cross-cultural communication, people, while pursuing their professional career, learn specific languages, including the language of law, with terms being its important component. Terms can often impede the process of successful cross-cultural communication so teaching cross-cultural communication, according to many researchers, including P. Cranmer and K. Koskinen, is immensely important. The article aims to demonstrate that a legal term, a word or phrase used in legislation, is a generalized name for a legal concept that may lack a precise meaning in practice as it is polysemous. To proof this statement, the semantic structure of the legal term is studied from the cognitive point of view. The key terms (term, frame, lexico-semantic variant of a word, microframe (reference category are defined at the beginning of the article. The article also describes the classification of various semantic structures of terms developed by Prof. Belyayevskaya, based on an analysis of the cognitive foundations of the typology of semantic structures as well as on the classification of meanings. They are homogeneous semantic structures, with different lexico-semantic variants of a polysemous word representing different aspects of one microframe; these structures include monosemous terms, polysemous terms with a homogeneous semantic structure, and terms with the intermediate type of lexemes. Heterogeneous semantic structures are semantic structures, with a lexico-semantic variant of a word representing two or more reference categories rather than one category; these structures are considered to be “classical” polysemy. Two types of such structures are introduced in the article, with examples of the actualization of their lexical meaning in speech being analysed (there were used examples from the British and Russian National corpora; official legal documents and

  9. Legal problems connected with irradiated fuel reprocessing and its waste storage

    International Nuclear Information System (INIS)

    Nercy, B. de.

    1981-10-01

    In view of its nature, an irradiated nuclear fuel reprocessing operation -and the contracts implementing it between the reprocessor and the customer- raises certain difficult legal problems. This paper analyses this question from the legal viewpoint, in particular as regards nuclear fuel and material ownership and products or waste arising therefrom, as well as in the context of rules of international trade and non-proliferation standards. (NEA) [fr

  10. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  11. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    2004-01-01

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  12. Legal Aspects of the Web.

    Science.gov (United States)

    Borrull, Alexandre Lopez; Oppenheim, Charles

    2004-01-01

    Presents a literature review that covers the following topics related to legal aspects of the Web: copyright; domain names and trademarks; linking, framing, caching, and spamdexing; patents; pornography and censorship on the Internet; defamation; liability; conflict of laws and jurisdiction; legal deposit; and spam, i.e., unsolicited mails.…

  13. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  14. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  15. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  16. The legal status of Uncertainty

    Science.gov (United States)

    Altamura, M.; Ferraris, L.; Miozzo, D.; Musso, L.; Siccardi, F.

    2011-03-01

    An exponential improvement of numerical weather prediction (NWP) models was observed during the last decade (Lynch, 2008). Civil Protection (CP) systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1. Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009). One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006). This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008) of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984). The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing meteo-hydrological alerts by CPs. Footnotes: 1 The Italian Civil Protection is working

  17. The legal status of Uncertainty

    Directory of Open Access Journals (Sweden)

    M. Altamura

    2011-03-01

    Full Text Available An exponential improvement of numerical weather prediction (NWP models was observed during the last decade (Lynch, 2008. Civil Protection (CP systems exploited Meteo services in order to redeploy their actions towards the prediction and prevention of events rather than towards an exclusively response-oriented mechanism1.

    Nevertheless, experience tells us that NWP models, even if assisted by real time observations, are far from being deterministic. Complications frequently emerge in medium to long range forecasting, which are subject to sudden modifications. On the other hand, short term forecasts, if seen through the lens of criminal trials2, are to the same extent, scarcely reliable (Molini et al., 2009.

    One particular episode related with wrong forecasts, in the Italian panorama, has deeply frightened CP operators as the NWP model in force missed a meteorological adversity which, in fact, caused death and dealt severe damage in the province of Vibo Valentia (2006. This event turned into a very discussed trial, lasting over three years, and intended against whom assumed the legal position of guardianship within the CP. A first set of data is now available showing that in concomitance with the trial of Vibo Valentia the number of alerts issued raised almost three folds. We sustain the hypothesis that the beginning of the process of overcriminalization (Husak, 2008 of CPs is currently increasing the number of false alerts with the consequent effect of weakening alert perception and response by the citizenship (Brezntiz, 1984.

    The common misunderstanding of such an issue, i.e. the inherent uncertainty in weather predictions, mainly by prosecutors and judges, and generally by whom deals with law and justice, is creating the basis for a defensive behaviour3 within CPs. This paper intends, thus, to analyse the social and legal relevance of uncertainty in the process of issuing

  18. Toward raising the higher level of radiological nursing

    International Nuclear Information System (INIS)

    Kusama, Tomoko; Ban, Nobuhiko; Ono, Koji

    2013-01-01

    The role and purpose of nursing in the radiological field are discussed with essentials of radiological nursing for raising its higher level and needed fundamental education. The discussion is from the thought that, at Fukushima Nuclear Power Plant Accident (Mar. 2011), general medical staff including nurses are rather insufficient of radiological knowledge like the exposure, radiation effect and risk. In the medical radiological field, nurses are expected to play roles of arranging the circumstance for patient's ease like explanation about health effect/risk, appropriate nursing of them after radiological diagnosis, radiation protection of nurses themselves, and of environment. At such an emergency as the Accident, care for the acutely exposed victims, their decontamination and responding to patient's concern are necessary. At the later phase, also needed are nursing of victims undergoing health management done by authorities and of radiological workers concerned as well as the third item above. Therefore, fundamentals of radiological knowledge such as physics, exposure, health effects, protection, contamination, legal rules and risk communication are required in the education of nurses. Otherwise, this education can be conducted as a part of safety security and physical assessment. The Accident also gives us the importance of radiological risk communication with its victims. (T.T.)

  19. Head raising analysis and case revaluation

    Directory of Open Access Journals (Sweden)

    Ager Gondra

    2015-12-01

    Full Text Available This paper shows that Basque relative clause construction follows the Head Raising Analysis: the CP of the relative clause is a complement to the external D and the Head of the relative clause, base-generated inside the TP, moves to the specifier position of the CP. This analysis predicts that the raised DPwill show a TP-internal Case. However, this is not the case, and the DP manifests the Case associated with the main clause. In order to address these Case inconsistencies, Precariousness Condition is proposed. This condition states that a DCase valued u-feature is precarious until it is sent to Spell-Out and therefore, the value is visible for further targeting by a c-commanding Probe.  Evidence for this multiple Agree operation comes from a DP long distance extraction.

  20. Do Firms Go Public to Raise Capital?

    OpenAIRE

    Woojin Kim; Michael Weisbach

    2005-01-01

    This paper considers the question of whether raising capital is an important reason why firms go public. Using a sample of 16,958 initial public offerings from 38 countries between 1990 and 2003, we consider differences between firms that sell new, primary shares to the public, and existing secondary shares that previously belonged to insiders. Our results suggest that the sale of primary shares is correlated with a number of factors associated with the firm's demand for capital. In particula...

  1. The Critical Role of Stewardship in Fund Raising: The Coaches vs. Cancer Campaign.

    Science.gov (United States)

    Worley, Debra A.; Little, Jennifer K.

    2002-01-01

    Examines the critical role of stewardship in the process of fund raising. Uses the Coaches vs. Cancer campaign to illustrate the limitations of the public relations ROPE (research, objectives, planning, and evaluation) model in explaining fund raising success, and supports K.S. Kelly's contention that addition of a fifth step to the model, the…

  2. Legal regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  3. Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

    International Nuclear Information System (INIS)

    Wetherall, Anthony; Robin, Isabelle

    2014-01-01

    The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

  4. Formation of ideal of legal personality

    Directory of Open Access Journals (Sweden)

    Віта Олександрівна Сліпенчук

    2016-01-01

    Full Text Available Problem setting. In the process of transformation of Ukrainian society towards the assimilation and implementation of basic European values such as human rights, democracy and the rule of law the role of personality that respects the dignity of others and their right to free expression in its multifaceted manifestations becomes more important. Such definitions of it assume the character of the ideal to be pursued, but that has not received adequate expression in people's minds and in practice yet. Since this ideal inextricably links right and personality, enabling the operation of law due to the special qualities of the individual, it can be defined as the ideal of legal personality. It is the formation and realization of such ideal that becomes urgent practical task of our society, which in turn requires a comprehensive theoretical understanding. Recent research and publications analysis. It should be noted that some philosophical aspects of the meaning of legal personality and its formation are revealed in the works of Ukrainian researcher in the field of philosophy of law S.I. Maksimov. However, all actual researches are based on a certain cultural and ideological tradition. The research of  a Polish-American scholar in the history of philosophical and legal thought Andrzej Walicki pays attention to the ideological and methodological potential liberal legal philosophy of the late 19th - early 20th century in the Russian Empire, realization of which, unfortunately, failed because of the violent interruption of this tradition by Bolsheviks. Researches of philosophers of law of that period are of particular significance in this issue: Ukrainian by origin and outlook Bohdan Kistyakivskiy and one of the authors of the Universal Declaration of Human Rights (1948 Serhiy Gessen. It is reconstruction of the concept of "legal personality" in the views of philosophers of law of that period, which is really made for the first time, which will give, as

  5. Raising Crop Productivity in Africa through Intensification

    Directory of Open Access Journals (Sweden)

    Zerihun Tadele

    2017-03-01

    Full Text Available The population of Africa will double in the next 33 years to reach 2.5 billion by 2050. Although roughly 60% of the continent’s population is engaged in agriculture, the produce from this sector cannot feed its citizens. Hence, in 2013 alone, Africa imported 56.5 million tons of wheat, maize, and soybean at the cost of 18.8 billion USD. Although crops cultivated in Africa play a vital role in their contribution to Food Security, they produce inferior yields compared to those in other parts of the world. For instance, the average cereal yield in Africa is only 1.6 t·ha−1 compared to the global 3.9 t·ha−1. Low productivity in Africa is also related to poor soil fertility and scarce moisture, as well as a variety of insect pests, diseases, and weeds. While moisture scarcity is responsible for up to 60% of yield losses in some African staple cereals, insect pests inflict annually substantial crop losses. In order to devise a strategy towards boosting crop productivity on the continent where food insecurity is most prevalent, these production constraints should be investigated and properly addressed. This review focuses on conventional (also known as genetic intensification in which crop productivity is raised through breeding for cultivars with high yield-potential and those that thrive well under diverse and extreme environmental conditions. Improved crop varieties alone do not boost crop productivity unless supplemented with optimum soil, water, and plant management practices as well as the promotion of policies pertaining to inputs, credit, extension, and marketing. Studies in Kenya and Uganda have shown that the yield of cassava can be increased by 140% in farmers’ fields using improved varieties and management practices. In addition to traditional organic and inorganic fertilizers, biochar and African Dark Earths have been found to improve soil properties and to enhance productivity, although their availability and affordability to

  6. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  7. Documents and legal texts

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following Documents and legal texts: 1 - Canada: Nuclear Liability and Compensation Act (An Act respecting civil liability and compensation for damage in case of a nuclear incident, repealing the Nuclear Liability Act and making consequential amendments to other acts); 2 - Japan: Act on Compensation for Nuclear Damage (The purpose of this act is to protect persons suffering from nuclear damage and to contribute to the sound development of the nuclear industry by establishing a basic system regarding compensation in case of nuclear damage caused by reactor operation etc.); Act on Indemnity Agreements for Compensation of Nuclear Damage; 3 - Slovak Republic: Act on Civil Liability for Nuclear Damage and on its Financial Coverage and on Changes and Amendments to Certain Laws (This Act regulates: a) The civil liability for nuclear damage incurred in the causation of a nuclear incident, b) The scope of powers of the Nuclear Regulatory Authority (hereinafter only as the 'Authority') in relation to the application of this Act, c) The competence of the National Bank of Slovakia in relation to the supervised financial market entities in the financial coverage of liability for nuclear damage; and d) The penalties for violation of this Act)

  8. Documents and legal texts

    International Nuclear Information System (INIS)

    2014-01-01

    This section of the Bulletin presents the recently published documents and legal texts sorted by country: - Brazil: Resolution No. 169 of 30 April 2014. - Japan: Act Concerning Exceptions to Interruption of Prescription Pertaining to Use of Settlement Mediation Procedures by the Dispute Reconciliation Committee for Nuclear Damage Compensation in relation to Nuclear Damage Compensation Disputes Pertaining to the Great East Japan Earthquake (Act No. 32 of 5 June 2013); Act Concerning Measures to Achieve Prompt and Assured Compensation for Nuclear Damage Arising from the Nuclear Plant Accident following the Great East Japan Earthquake and Exceptions to the Extinctive Prescription, etc. of the Right to Claim Compensation for Nuclear Damage (Act No. 97 of 11 December 2013); Fourth Supplement to Interim Guidelines on Determination of the Scope of Nuclear Damage Resulting from the Accident at the Tokyo Electric Power Company Fukushima Daiichi and Daini Nuclear Power Plants (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.); Outline of 'Fourth Supplement to Interim Guidelines (Concerning Damages Associated with the Prolongation of Evacuation Orders, etc.)'. - OECD Nuclear Energy Agency: Decision and Recommendation of the Steering Committee Concerning the Application of the Paris Convention to Nuclear Installations in the Process of Being Decommissioned; Joint Declaration on the Security of Supply of Medical Radioisotopes. - United Arab Emirates: Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage; Ratification of the Federal Supreme Council of Federal Decree No. (51) of 2014 Ratifying the Convention on Supplementary Compensation for Nuclear Damage

  9. Legal protection of land from pollution

    Directory of Open Access Journals (Sweden)

    Petrović Zdravko

    2014-01-01

    Full Text Available Situated in the study conducted in this paper, using the method of analysis of contents, induction and deduction, historical and legal dogmatic indicated that ecology as their object of legal protection has three global natural values: air, water, land, and atmosphere, hydrosphere and lithosphere as constituent elements of the biosphere. Land as a special natural product comprises a solid layer of the Earth that is specific to the biosphere. The importance of land from the perspective of sustainable development is multifaceted, especially when seen through its environmental, industrial, manufacturing, socio-economic, educational, scientific, cultural, historical and any other useful functions. Its most important function is to fertility and the ability to flora supplying water, oxygen and mineral substances. Natural processes that led to the creation of land argue the view that it belongs to the so-called renewable resources, but only if it's a man rational use and encourages their natural reproduction. In accordance with current legislation and categorization of land, this survey includes agricultural land. In this paper, we have opted for ecological and legal land protection as one of the most important natural resources whose quality and extent of a very significant impact on the environment as a whole. The introductory part of the paper included a terminological demarcation and specificity of the case study of environmental law, as well as the possible forms of soil pollution. Methodological framework of research, using the method of content analysis of existing domestic and international legal legislation, method comparison and synthesis were studied legal documents that protect the land from pollution.

  10. Live weight and body measurements of male and female native ducks raised in different raising systems

    Directory of Open Access Journals (Sweden)

    Kadir Önk

    2018-05-01

    Full Text Available ABSTRACT The purpose of this study was to determine live weight and body measurements of male and female native ducks raised in different raising systems. One hundred and twenty native ducks (60 males, 60 females were used in the study. The ducks were raised in deep litter floor and cage systems. Live weight and body values were measured every two weeks, until they were 56 days old. Three-parameter logistic regression and Gompertz model were used to determine growth model of male and female ducks. Interactions of time-raising system and time-sex were statistically significant in terms of live weight. At the end of eight weeks, live weights of ducks raised in deep litter floor were higher than ducks raised in cage system. In addition, live weights of male ducks were higher than female ducks. Consequently, deep litter floor is more appropriate for live weight in native ducks. Accuracy rate of Three-parameter Logistic and Gompertz models for estimation of growth in ducks was between 0.91-0.95 and similar results were obtained from both models. The Gompertz model is appropriate for the data structure of this study because it contains fewer iterations than the Three-Parameter Logistic model.

  11. Pediatric biobanking: a pilot qualitative survey of practices, rules and researcher opinions in ten European countries

    DEFF Research Database (Denmark)

    Salvaterra, Elena; Giorda, Roberto; Bassi, Maria Teresa

    2012-01-01

    Ethical, legal, and social issues related to the collection, storage, and use of biospecimens and data derived from children raise critical concerns in the international debate. So far, a number of studies have considered a variety of the individual issues crucial to pediatric biobanking such as ......Ethical, legal, and social issues related to the collection, storage, and use of biospecimens and data derived from children raise critical concerns in the international debate. So far, a number of studies have considered a variety of the individual issues crucial to pediatric biobanking...... such as decision making, privacy protection, minor recontact, and research withdrawal by focusing on theoretical or empirical perspectives. Our research attempted to analyze such issues in a comprehensive manner by exploring practices, rules, and researcher opinions regarding proxy consent, minor assent, specimens...

  12. Legal and ethical issues arising with preimplantation human embryos.

    Science.gov (United States)

    Robertson, J A

    1992-04-01

    The development of in vitro fertilization has led to ethical and legal controversies concerning actions with externalized preembryos. A legal and ethical consensus is emerging that preembryos are not legal persons or moral subjects, although they are owed special respect because of their ability to implant and come to term. In addition, gamete providers are recognized as having dispositional authority over whether preembryos will be created, cryopreserved, placed in a uterus, discarded, donated, or used in research. Prior agreements over preembryo disposition are the best way to minimize disputes between the gamete providers.

  13. Should Pediatric Euthanasia be Legalized?

    Science.gov (United States)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    2018-02-01

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery slope. Proponents argue that euthanasia is sometimes ethically appropriate for minors and that, with proper safeguards, it should be legally available in appropriate circumstances for patients at any age. In this Ethics Rounds, we asked philosophers from the United States and the Netherlands, and a Dutch pediatrician, to discuss the ethics of legalizing euthanasia for children. Copyright © 2018 by the American Academy of Pediatrics.

  14. Legal regulation of home births

    Directory of Open Access Journals (Sweden)

    Baturan Luka O.

    2015-01-01

    Full Text Available In this paper, authors tried to find efficient legal frame for home births. The main problem is the risk of life and health of a mother and a baby. If a mother wants a home labor, there are no legal obstacles ^for her to take the risk of her own life, after consultation with health-care professionals. However, society is obligated to protect unborn child from irrational behavior of the mother, if she acts against child's best interests. Legal rules were analyzed by methods of neo-institutional economic theory, while the risks of life and health of a mother and a baby were analyzed by medical science methods.

  15. Legal Translation Dictionaries for Learners

    DEFF Research Database (Denmark)

    Nielsen, Sandro

    2010-01-01

    in conditional clauses. When translating into languages not allowing such structures, for instance, English and French, learners need their legal translation dictionaries to help them with both the legal terms and the syntactic structures. The uses of textual conventions that characterise the legal genre vary....... Lexicographers should therefore design their dictionaries so that they contain intra-lingual or contrastive descriptions of the relevant genre conventions. As illustrated in Nielsen (2000) whether the best solution is to retain the genre conventions found in the SL text or to adopt the conventions used in TL...

  16. Legal highs on the Internet.

    Science.gov (United States)

    Hillebrand, Jennifer; Olszewski, Deborah; Sedefov, Roumen

    2010-02-01

    This article describes the findings of a descriptive analysis of 27 online drug retailers selling legal alternatives to illegal drugs, commonly referred to as "herbal highs" and "legal highs" in 2008 . The study attempted to quantify the online availability of drug retailers, to describe common products and characteristics in EU-based retail sales. The findings highlight the concern about the lack of objective information about products offered, including potential risks to health. Systems should be developed to assess the contents of products and the accuracy of information provided on the Internet, alongside continued monitoring of this market for "legal high" substances.

  17. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  18. Raising consciousness about the nuclear threat through music

    Energy Technology Data Exchange (ETDEWEB)

    Ungerleider, J.H.

    1987-01-01

    This dissertation examines the use of music, in particular topical collaborative group song writing, as a tool for raising consciousness about the threat of nuclear war. Consciousness raising is one way to overcome the phenomenon of denial and to increase discussion and social action in response to the nuclear threat. This dissertation measures the impact of a group song writing workshop on developing critical problem-solving in adult groups; it reviews how music is applied in psychological research and clinical work, has been used historically as a tool in social-change movements in America, and is used in the contemporary field of peace education. The perspectives of several theorists who discuss the potential of music to contribute to social change are presented. It is concluded that consciousness about the nuclear threat - in terms of naming and analyzing - can be raised by working with music's potential for developing affective, expressive, and collaborative capabilities in individuals and groups. Potential applications of the group song writing workshop are in schools, with peace organizations, music groups, and in relation to other social issues.

  19. Critics raise moral objections to Federal AIDS education classes.

    Science.gov (United States)

    1995-07-28

    Lawmakers and a handful of government employees have objected to the Federal government's programs to educate its employees about AIDS. At the June 22, 1995 hearing of the civil service subcommittee of the House Government Reform and Oversight Committee, protests were raised on religious or moral grounds. Thomas Herron, a supervisory logistics manager at the Naval Air Technical Services Facility in Philadelphia found the training to be against the principles of his faith. Rep. Robert K. Dornan (R-Calif) said his office was flooded with calls and letters from employees who raised concern that the training is being used to advance a redefinition of the family and is a blatant pro-homosexual agenda. Robert L. Maginnis, policy analyst for the conservative Family Research Council, faulted the training, saying it does little to change behavior that puts people at risk for HIV infection. Clinton administration officials testified at the meeting that the program is necessary to ensure both the safety of the workforce and employees' freedom from discrimination and harassment. Individual departments and agencies are responsible for developing their own AIDS training programs. According to Alan Heuerman, associate director for human resource systems service with the Office of Personnel Management, relatively few objections have been raised about the training.

  20. Linear quantum optical bare raising operator

    Science.gov (United States)

    Radtke, Jennifer C. J.; Oi, Daniel K. L.; Jeffers, John

    2017-11-01

    We propose a simple implementation of the bare raising operator on coherent states via conditional measurement, which succeeds with high probability and fidelity. This operation works well not only on states with a Poissonian photon number distribution but also for a much wider class of states. As a part of this scheme, we highlight an experimentally testable effect in which a single photon is induced through a highly reflecting beamsplitter by a large amplitude coherent state, with probability 1/e(≈ 37 % ) in the limit of large coherent state amplitude.

  1. Legal Aspects of Telepathology

    Directory of Open Access Journals (Sweden)

    Christian Dierks

    2000-01-01

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

  2. Legal Deposit of Electronic Publications

    Directory of Open Access Journals (Sweden)

    Burcu Umut Zan

    2009-06-01

    Full Text Available The most important and basic role of the deposition studies, which are the greatest contributions to the knowledge sharing, is to gather the artistic and philosophical works of a country and provide them for the use of future researchers. However, since early deposition studies were limited with printed publications, they do not involve the electronic publication types appearing with the development of information technology. This stems from the fact that the electronic publications require procedures different from those of the printed publications in terms of deposition steps because of their structures. Today, in order to guarantee that all registered cultural products, which are mostly produced and used in the electronic environment could be fully collected, electronic publications should also be covered by and regulated under legal deposit. This study analyzes the deposition of electronic publications, within the framework of their storage and protection, being put in the use of the users as well as the common approaches to deposition practices in the world parallel to the developments in the information technology. The related situation in Turkey was also evaluated.

  3. New generation of ''legal'' dosemeters

    International Nuclear Information System (INIS)

    Fletcher, R.

    1991-01-01

    In the early 1980s research at the National Radiological Protection Board in the UK proved the feasibility of using solid state electronics in an entirely new dosimetry technology - capable of reaching right down into the low energy photon ranges, and able to detect beta radiation. In 1988 the NRPB undertook a joint venture with Siemens Plessey Controls to develop a marketable personal dosemeter meeting full Health and Safety Executive approval as a ''legal'' instrument. The Electronic Personal Dosemeter (EPD) was thus conceived, and will reach the pre-production stage early this year. The EPD makes use of state-of-the-art silicon integrated circuit technology, with a custom amplifier and microprocessor system. The liquid crystal display continuously shows the accumulated short-term penetrating dose in terms of the Hp (10) unit, and can also show superficial dose and dose rates. Because the EPD must be continuously powered, the custom lithium battery was commissioned to ensure a minimum service interval of 12 months. The EPD is the size and weight of a small pocket pager. Although dose data can be read directly from the EPD, a comprehensive data management system is needed to effect real-life use in industry. The EPD thus communicates by infra-red link to a reader unit which interfaces an IBM-compatible PC, allowing authorized personnel to read the dose memories and perform dose alarm threshold settings. (author)

  4. Legal decision-making by people with aphasia: critical incidents for speech pathologists.

    Science.gov (United States)

    Ferguson, Alison; Duffield, Gemma; Worrall, Linda

    2010-01-01

    The assessment and management of a person with aphasia for whom decision-making capacity is queried represents a highly complex clinical issue. In addition, there are few published guidelines and even fewer published accounts of empirical research to assist. The research presented in this paper aimed to identify the main issues for speech pathologists when decision-making capacity for legal and related matters arose for their clients with aphasia, and to describe qualitatively the nature of these issues and the practices of the speech pathologists in these situations. The methodology was informed by the qualitative research paradigm and made use of the semi-structured interview methods developed for the Critical Incident Technique. Nine speech pathologists, with a range of clinical experience between three and 27 years, were interviewed by telephone, with verbatim notes being taken on-line by the interviewer. The speech pathologists described a total of 21 clients (15 male, six female) with acquired neurological communication disorders (including cerebral vascular accident, traumatic brain injury, and tumour) whose care had raised critical incidents for the speech pathologist in relation to legal and related matters. These verbatim notes were qualitatively analysed using NVivo qualitative analysis software. The main incidents related to legal decisions (for example, power of attorney, will-making), as well as decisions involving consent for medical treatment, discharge, accommodation, and business/financial decisions. In all but one of the incidents recounted, the issues centred on a situation of conflict between the person with aphasia and their family, friends or with the multidisciplinary team. The roles taken by the speech pathologists ranged from those expected within a speech pathology scope of practice, such as that of assessor and consultant, to those which arguably present dilemmas and conflict of interest, for example, interpreter, advocate. The

  5. 29 CFR 780.123 - Raising of bees.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Raising of bees. 780.123 Section 780.123 Labor Regulations... Raising of Livestock, Bees, Fur-Bearing Animals, Or Poultry § 780.123 Raising of bees. The term “raising of * * * bees” refers to all of those activities customarily performed in connection with the...

  6. Legal Marketing and Lawyer's Communication

    Directory of Open Access Journals (Sweden)

    Sara Casolaro

    2016-09-01

    Full Text Available The application of marketing strategies to the law firm represents a breakthrough in Italy which has struggled to establish itself as a result of a culture based on a strict code of ethics. However, in recent years there has been a turnaround and the benefits arising from the application to legal profession of the typical principles of enterprises are increasingly evident.   Il marketing legale e la comunicazione dell’avvocato L’applicazione delle strategie di marketing allo studio legale rappresenta un’innovazione che in Italia ha stentato a imporsi a causa di una cultura basata su una rigida deontologia. Tuttavia, negli ultimi anni vi è stata un’inversione di tendenza e i benefici derivanti dall’applicazione alla professione forense dei princìpi tipici delle imprese sono sempre più evidenti. Parole chiave: marketing, studio legale, comunicazione

  7. Federal Aviation Administration Legal Interpretations

    Data.gov (United States)

    Department of Transportation — Legal Interpretations and the Chief Counsel's opinions are now available at this site. Your may choose to search by year or by text search. Please note that not all...

  8. The importance of legal counsel

    Directory of Open Access Journals (Sweden)

    Betsy Fisher

    2017-02-01

    Full Text Available At each stage of the resettlement process, the presence of counsel – legal advocates – can help refugees to present their complete cases efficiently and avoid unnecessary rejections. This provides benefits to decision makers as well.

  9. Study Raises Concerns about Mobile Phones%对手机多些关注

    Institute of Scientific and Technical Information of China (English)

    陈平

    2003-01-01

    @@ Italian scientists have raised new health concerns about the safety of using mobile phones, with research showing radio waves from the handsets( 手机) makes cancerous cells grow more aggressively.

  10. Realistic rhetoric and legal decision

    Directory of Open Access Journals (Sweden)

    João Maurício Adeodato

    2017-06-01

    Full Text Available The text aims to lay the foundations of a realistic rhetoric, from the descriptive perspective of how the legal decision actually takes place, without normative considerations. Aristotle's rhetorical idealism and its later prestige reduced rhetoric to the art of persuasion, eliminating important elements of sophistry, especially with regard to legal decision. It concludes with a rhetorical perspective of judicial activism in complex societies.

  11. [Biopiracy: about its legal meanings].

    Science.gov (United States)

    Ramírez García, Hugo Saúl

    2009-01-01

    This article explores the legal meanings of biopiracy concept, linked to subjects such as intellectual property rights on genetic resources, bioprospecting contracts, right to food, and food security. It overcomes the critical function of biopiracy concept related to world-wide extended tendencies: privatization and technification. Likewise, protectionism shows the opportunity that biopiracy concept represents for the enrichment of the legal interpretation related to the bioethical statue of biotech developments.

  12. The Politics of Legal Arrangements

    DEFF Research Database (Denmark)

    Leander, Anna

    2018-01-01

    This article explores the place of formal legal arrangements in the politics surrounding the hybrid, enmeshed public-in-the-private forms of authority this special issue focuses on. It does so by analyzing the significance of one specific legal arrangement, the Duty of Care, for the politics...... and divisions currently organizing debates about the regulation of commercial security as well as about managerialism in international law more generally....

  13. The Legal Regulation of Cybersecurity

    OpenAIRE

    Darius Štitilis

    2013-01-01

    Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regul...

  14. Financial auditing at enterprises for control of projects realized with credit fund-raising

    Science.gov (United States)

    Lukmanova, Inessa

    2017-10-01

    The article analyzes methods of conducting financial audit under the construction control of projects implemented with raising credit funds in modern conditions. This work aims to improve the methodological toolkit of construction control when lending projects of the construction of transport infrastructure. The paper considers correlations of various procedures of construction control, financial audit and organizational and technical factors affecting investment and construction projects. The authors presented the logical scheme of the process of lending to legal entities and developed an algorithm of the procedure for conducting a financial audit, allowing to make possible adjustments and the right decision.

  15. Geochemical characteristics of peat from two raised bogs of Germany

    Science.gov (United States)

    Mezhibor, A. M.

    2016-11-01

    Peat has a wide range of applications in different spheres of human activity, and this is a reason for a comprehensive study. This research represents the results of an ICP-MS study of moss and peat samples from two raised bogs of Germany. Because of the wide use of sphagnum moss and peat, determining their geochemical characteristics is an important issue. According to the results obtained, we can resume that the moss samples from Germany are rich in Cu, As, Y, Zr, Nb, and REE. The geochemical composition of the bogs reflects the regional environmental features and anthropogenic influence.

  16. Marijuana Legalization: Impact on Physicians and Public Health

    Science.gov (United States)

    Wilkinson, Samuel T.; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A.; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health. PMID:26515984

  17. Marijuana Legalization: Impact on Physicians and Public Health.

    Science.gov (United States)

    Wilkinson, Samuel T; Yarnell, Stephanie; Radhakrishnan, Rajiv; Ball, Samuel A; D'Souza, Deepak Cyril

    2016-01-01

    Marijuana is becoming legal in an increasing number of states for both medical and recreational use. Considerable controversy exists regarding the public health impact of these changes. The evidence for the legitimate medical use of marijuana or cannabinoids is limited to a few indications, notably HIV/AIDS cachexia, nausea/vomiting related to chemotherapy, neuropathic pain, and spasticity in multiple sclerosis. Although cannabinoids show therapeutic promise in other areas, robust clinical evidence is still lacking. The relationship between legalization and prevalence is still unknown. Although states where marijuana use is legal have higher rates of use than nonlegal states, these higher rates were generally found even prior to legalization. As states continue to proceed with legalization for both medical and recreational use, certain public health issues have become increasingly relevant, including the effects of acute marijuana intoxication on driving abilities, unintentional ingestion of marijuana products by children, the relationship between marijuana and opioid use, and whether there will be an increase in health problems related to marijuana use, such as dependence/addiction, psychosis, and pulmonary disorders. In light of this rapidly shifting legal landscape, more research is urgently needed to better understand the impact of legalization on public health.

  18. Carbon dioxide emission from raised bog surface after peat extraction

    Directory of Open Access Journals (Sweden)

    Turbiak Janusz

    2017-12-01

    Full Text Available Research on CO2 emission from a raised bog after completion of peat extraction was performed in 2011–2013. CO2 emissions were determined by the chamber method. Twenty years after the termination of peat extraction, the bog surface was almost entirely devoid of plants. CO2 emission from the bog varied depending on temperature and water conditions and was 418 mg·m−2·h−1 on average during the research period. CO2 losses on the raised bog were on average 19.7 Mg·ha−1·year−1 during the research period which corresponded to a carbon loss of 5.37 Mg·ha−1·year−1 or mineralisation of 9.6 Mg·ha−1·year−1 of organic mass of 56% carbon content. It is possible to reduce organic mass losses and CO2 emission to the atmosphere from the bog surface after peat extraction has been terminated by reconstruction of initial water conditions, i.e. retaining a high ground water level and restoration of aquatic plant communities.

  19. LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

    Directory of Open Access Journals (Sweden)

    Rodica Diana APAN

    2014-06-01

    Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

  20. The legal and ethical concerns that arise from using complex predictive analytics in health care.

    Science.gov (United States)

    Cohen, I Glenn; Amarasingham, Ruben; Shah, Anand; Xie, Bin; Lo, Bernard

    2014-07-01

    Predictive analytics, or the use of electronic algorithms to forecast future events in real time, makes it possible to harness the power of big data to improve the health of patients and lower the cost of health care. However, this opportunity raises policy, ethical, and legal challenges. In this article we analyze the major challenges to implementing predictive analytics in health care settings and make broad recommendations for overcoming challenges raised in the four phases of the life cycle of a predictive analytics model: acquiring data to build the model, building and validating it, testing it in real-world settings, and disseminating and using it more broadly. For instance, we recommend that model developers implement governance structures that include patients and other stakeholders starting in the earliest phases of development. In addition, developers should be allowed to use already collected patient data without explicit consent, provided that they comply with federal regulations regarding research on human subjects and the privacy of health information. Project HOPE—The People-to-People Health Foundation, Inc.

  1. Law and Management of a Counseling Agency or Private Practice. The ACA Legal Series. Volume 3.

    Science.gov (United States)

    Bullis, Ronald K.

    This monograph addresses laws that govern the business and management of mental health practices. The preface warns that this book only raises legal issues, concentrates on federal law, and does not exhaust the issues and information on any topic. A glossary of terms such as "burden of proof,""fiduciary,""negligence," and "torts" is presented.…

  2. The use of legal knowledge-based systems in public administration: what can go wrong?

    NARCIS (Netherlands)

    de Bruin, Hugo; Prakken, Henry; Svensson, Jorgen S.; Bench-Capon, Trevor J.M.; Daskalopulu, Aspassia; Winkels, Radboud

    2002-01-01

    In recent years, practical applications of legal knowledge-based systems have become increasingly common. This raises the issue of their functioning in practice and their actual influence on the quality of decisions. In this paper we investigate to what extent incorrect decisions may be caused by

  3. Confronting the Ubiquity of Electronic Communication and Social Media: Ethical and Legal Considerations for Psychoeducational Practice

    Science.gov (United States)

    Demers, Joseph A.; Sullivan, Amanda L.

    2016-01-01

    Most U.S. children and adults use computers and the Internet on a daily basis. The pervasiveness of electronic communication in a variety of contexts, including home and school, raises ethical and legal concerns for school psychologists and those in related fields of practice, because of the risks to privacy and confidentiality, boundaries,…

  4. Legal significance of environmental protection in foreign investments law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2013-01-01

    Full Text Available The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field is going to be the strengthening of the bond between international investments and environmental protection. It is insisted on the attitude that our law needs to approach adequately to the matter of legal valorization of the environmental protection issue. This requires the creating of a complex, coherent approach that should be based on adequate legal superstructure and amendments to the existing Law on Foreign Investments. The main direction of changes implies that the current obligation of foreign investors in this field should be raised onto a higher level and foreign investments should be placed in the function of accomplishing of the concept of sustainable development. However, such an approach has to be accompanied by appropriate mechanism of control and supervision in the given field, if its full effectiveness is to be achieved.

  5. Political and Legal Doctrine of Simon Bolivar

    Directory of Open Access Journals (Sweden)

    Mixail V. Fedorov

    2014-03-01

    Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

  6. Legal process, litigation, and judicial decisions.

    Science.gov (United States)

    Beresford, H Richard

    2013-01-01

    Ethically salient issues in neurologic care may have important legal overtones. This chapter considers some of these, emphasizing how law may influence the outcome of controversies over how best to promote autonomy, beneficence, and justice in the care of individuals with neurologic disorders. Constitutional, statutory, and judicial dimensions are addressed. With respect to autonomy, discussion emphasizes legal dimensions of the doctrine of informed consent and the obligations of medical professionals to protect the privacy and confidentiality of their patients. The discussion of beneficence focuses on issues relating to actual or potential conflicts of interest in the care of patients and on the conduct of research involving human subjects. The section on justice considers how law aims to define protectable rights and interests of individuals and to provide a fair and efficient process for resolving disputes. Applications of legal principles and doctrines are illustrated primarily through the examples afforded by judicial decisions. These cases demonstrate how law both promotes ethical decision-making and protects the rights and interests of those affected. The cases also highlight some of the ethical quandaries that evoke resort to litigation and the limits of law in advancing ethically appropriate outcomes. © 2013 Elsevier B.V. All rights reserved.

  7. Legal problems of nuclear fuel reprocessing

    International Nuclear Information System (INIS)

    Rossnagel, A.

    1987-01-01

    The contributions in this book are intended to exemplify the legal situation in connection with the reprocessing of spent nuclear fuel from the point of view of constitutional law, administrative law, and international law. Outline solutions are presented with regard to ensuring health, personal freedom, democratic rights and other rights, and are discussed. The author Rossnagel investigates whether the principle of essential matter can guarantee a parliamentary prerogative concerning this field of large-scale technology. The author Schmidt shows that there is no legal obligation of commitment to a reprocessing technology that would exclude research for or application of a less hazardous technology. The contribution by Baumann explains the problems presented by a technology not yet developed to maturity with regard to the outline approval of the technological concept, which is a prerequisite of any partial licence to be issued. The final contribution by Guendling investigates the duties under international law, as for instance transfrontier information, consultation, and legal protection, and how these duties can be better put into practice in order to comply the seriousness of the hazards involved in nuclear fuel reprocessing. (orig./HP) [de

  8. The Shareholder Settlement Program : A Pragmatic Resolution to confront a Systemic Banking Crises in view of the Dysfunctional Legal System and Tradition of the Republic of Indonesia

    NARCIS (Netherlands)

    Maroef, Taufik Mappaenre

    2010-01-01

    The PhD dissertation is centered on a specific legal phenomenon as occurred during a specified period of time and within a specific legal jurisdiction. The main purpose of the relevant research-study is not to introduce a new legal theory or to challenge any existing legal thoughts, but rather to

  9. Ethical Issues Surrounding the Use of Modern Human Remains for Research in South Africa.

    Science.gov (United States)

    Briers, N; Dempers, J J

    2017-02-01

    Chapter 8 of the South African National Health Act 61 of 2003 (NHA) that deals with the donation of human tissue was promulgated in 2012. The new Act is perceived to impose restrictions on low-risk research involving human remains. This study aimed to identify the issues raised by a research ethics committee (REC) when reviewing protocols where human remains are used as data source. REC minutes from 2009 to 2014 were reviewed, and issues raised by the committee were categorized. In total, 127 protocols submitted to the committee over 6 years involved human remains. Queries relating to science (22.2%) and administration (18.9%) were the most common, whereas queries relating to legal issues constituted only 10.2%. Ethical issues centered on informed consent regarding sensitive topics such as HIV, DNA, and deceased children. The change in legislation did not change the number or type of legal issues identified by the REC.

  10. [Legal secrecy: abortion in Puerto Rico from 1937 to 1970].

    Science.gov (United States)

    Marchand-Arias, R E

    1998-03-01

    The essay discusses abortion in Puerto Rico from 1937 to 1970, concentrating in its legal status as well as its social practice. The research documents the contradictions between the legality of the procedure and a social practice characterized by secrecy. The essay discusses the role of the Clergy Consultation Service on Abortion in promoting the legal practice of absortion in Puerto Rico. It also discusses the ambivalent role of medical doctors who, despite being legally authorized to perform abortions to protect the life and health of women, refused to perform the procedure arguing abortion was illegal. The essay concludes with a brief discussion on perceptions of illegality regarding abortion, emphasizing the contradictions between the practice of abortion and that of sterilization in Puerto Rico.

  11. Bank guarantee in Serbian and European legal systems

    Directory of Open Access Journals (Sweden)

    Pajtić Bojan L.

    2015-01-01

    Full Text Available The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.

  12. Legal Protection To The Infotainment Of Press Development In Indonesia

    Directory of Open Access Journals (Sweden)

    Anwar Fuadi

    2015-08-01

    Full Text Available Abstract In the socio-political life the press has become an integral part in democratic life. The press has become one of the means for citizens to bring their thoughts and opinions. Nowadays there is a tendency to increase the quantity of press publications sharp but not accompanied by a statement of the quality of journalism. The objective of this research is to understand the essence of the infotainment liability as a mass media in order to construct a freedom of the press principle which has legitimacy within the legal system of the press in Indonesia. The type of research used in this paper is normative research or also known as doctrinal research by reviewing the legal protection to the infotainment as a mass media in Indonesia. The outcomes of the research indicate that the role of infotainment in the legal system of the press in Indonesia refers to the legal construction of institutional and infotainment organizers itself. Legal liability of Infotainment essentially can be seen from the press obligations stipulated in the Law No. 40 of 1999 regarding the Press Law No. 32 of 2002 regarding Broadcasting as well as the Journalists Code of Ethics which support freedom of the press and expression.

  13. [Euthanasia: legal comparison in selected European countries].

    Science.gov (United States)

    Doležal, Adam

    2018-01-01

    This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

  14. The fiduciary guarantee in the Romanian and European legal context

    Directory of Open Access Journals (Sweden)

    Cornelia Lefter

    2016-12-01

    Full Text Available The importance of the fiduciary guarantee has not reached its full potential in the Romanian market, nor in the European area. The ongoing “dispute” between the fiduciary operations (familiar to the continental law and the trust (with its common -law heritage seems to be won by the latter. However, considering the express provisions on the fiduciary operations in the Romanian Civil Code entered into force in 2011, similar to the introduction of the same legal instrument in the French Civil Code in 2007, could give a boost to this ancient tool, present from the Roman era. Even if the European legal framework do not provide many rules on this institution, however, the Financial Collateral Directive raised many questions on how the fiduciary guarantees can be used in practice, and contributed to the change that followed in this area.

  15. Evaluating the Legitimacy of Contemporary Legal Strategies for Obesity.

    Science.gov (United States)

    Morain, Stephanie

    2015-12-01

    Contemporary legal strategies for obesity raise troubling questions regarding individual liberty and the legitimate scope of public health authority. This article argues that the predominant approach to assessing public health legitimacy--John Stuart Mill's "harm principle"--may be unsuitable for evaluating the legitimacy of legal strategies for obesity. The article proposes an alternative test for assessing the legitimate scope of public health authority: John Rawls's liberal principle of legitimacy. It outlines how Rawls's principle would evaluate obesity policies, and contrasts this evaluation to that of Mill. The alternative test avoids some of the limitations of the Millian approach, and may offer an improved mechanism for assessing the liberty effects of policies for obesity and other public health activities.

  16. The legacy of legal culture and Serbia's European integration

    Directory of Open Access Journals (Sweden)

    Kovačević Slaviša

    2014-01-01

    Full Text Available In the context of the EU integration, it is certainly insufficient to harmonize only the positive law and the institutional regulatory framework. In order to provide for the implementation and application of the positive law, the political and legal culture must be congruent with the legal tradition of the European Union. The 'implantation' of legal institutes is a fashionable trend common to all transition countries, which fail to recognize a significant and inevitable fact that law is created and applied in the country-specific traditional, cultural and social context. Legal norms achieve their intended purpose only when they are reinforced by a number of other traditional, cultural, political, economic, and social circumstances. Hence, there is a specific functional and structural relation between law and social culture: on the one hand, law is the product of society; on the other hand, law is also the creator of social norms. Consequently, instead of 'copying' the legal norms of the European Union, it is necessary to create a social framework for the implementation of applicable, effective and equitable EU law. In addition to nomotechnics, scientific research on the 'harmonization of Serbian law with the EU law shall include the analysis of other factors, which are only apparently outside the legal framework but which are important for the general outcome of this process. Our legal culture is largely authoritarian, which is evident in the prevalence of power in the process of making and applying the law and in the dependence of the judicial system from the executive branch of government. Law is an instrument of political power of the legally unaccountable executive branch of government. The authoritarian legal rules are not an expression of reason, prudence, wisdom and general public interest but a temporary constellation of interests of power-holders while the normative activity is a short-term tactics for accomplishing these interests. As

  17. Against Raising Hope of Raising the Dead: Contra Moody and Kubler-Ross.

    Science.gov (United States)

    Vicchio, Stephen J.; And Others

    1979-01-01

    Kubler-Ross and Moody have made assertions about survival after death. They argued that the subjects were not dead, but in the process of dying. An alternative explanation to this "glimpse of the afterlife" approach is offered. Other theological objections are raised to the Moody/Kubler-Ross approach. (Author)

  18. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. BUTCULESCU

    2014-05-01

    Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

  19. Legal Education: Critical of Contemporaneity

    Directory of Open Access Journals (Sweden)

    Patrícia Verônica Nunes Carvalho Sobral

    2016-10-01

    Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

  20. Legal aspects of nuclear energy

    International Nuclear Information System (INIS)

    Kraut, A.

    1981-01-01

    The legal basis for the use of nuclear energy is generally given by an Atomic Energy Act. Additionally, however, a system of regulations and standards has to be set up to lay down more detailed requirements. The fundamental philosophy and strategy has to be specified by governmental organizations. For the specification and implementation of the requirements some minimum organizational arrangements are necessary, which are not only restricted to governmental organizations. Furthermore procedural regulations have to be laid down before the implementation phase. This includes aspects like public participation in the licensing procedure. In practice, however, the implementation of the legal requirements always shows some weakness of the basic legal requirements. To learn from this experience some examples are presented, which gave rise to difficulties in the implementation procedure. (orig./RW)

  1. Legal problems concerning the export of nuclear power plants

    International Nuclear Information System (INIS)

    Pierer, Heinrich von.

    1977-01-01

    The legal problems raised by the export of nuclear power plants may be divided into three main categories: nuclear operator's liability for nuclear damage, the consequences for the supplier of the licensing requirements in the national laws of the buyer country and finally, the constraints of applying non-proliferation safeguards on export of nuclear equipment. As regards the third party liability regime in particular, the difficulties lie essentially in the insufficiency of the definition of the nuclear operator and the lack of harmonization in, or even the absence of national laws in this field. (NEA) [fr

  2. Perceived Autonomy Support in the NIMH RAISE Early Treatment Program.

    Science.gov (United States)

    Browne, Julia; Penn, David L; Bauer, Daniel J; Meyer-Kalos, Piper; Mueser, Kim T; Robinson, Delbert G; Addington, Jean; Schooler, Nina R; Glynn, Shirley M; Gingerich, Susan; Marcy, Patricia; Kane, John M

    2017-09-01

    This study examined perceived support for autonomy-the extent to which individuals feel empowered and supported to make informed choices-among participants in the Recovery After an Initial Schizophrenia Episode Early Treatment Program (RAISE ETP). The aims of this study were to evaluate whether NAVIGATE, the active treatment studied in RAISE ETP, was associated with greater improvements in perceived autonomy support over the two-year intervention, compared with community care, and to examine associations between perceived autonomy support and quality of life and symptoms over time and across treatment groups. This study examined perceived autonomy support among the 404 individuals with first-episode psychosis who participated in the RAISE ETP trial (NAVIGATE, N=223; community care, N=181). Three-level conditional linear growth modeling was used given the nested data structure. The results indicated that perceived autonomy support increased significantly over time for those in NAVIGATE but not in community care. Once treatment began, higher perceived autonomy support was related to higher quality of life at six, 12, and 18 months in NAVIGATE and at 12, 18, and 24 months in community care. Higher perceived autonomy support was related to improved scores on total symptoms and on excited symptoms regardless of treatment group and time. Overall, perceived autonomy support increased in NAVIGATE but not for those in community care and was related to improved quality of life and symptoms across both treatment groups. Future research should examine the impact of perceived autonomy support on a wider array of outcomes, including engagement, medication adherence, and functioning.

  3. Implications of the ethical-legal framework for adolescent HIV ...

    African Journals Online (AJOL)

    Nicky

    Fourthly, the institutional framework for establishing research priorities and regulation of ethical review is being strengthened with the establishment of new institutions such as the National. Health Research Ethics Committee. The South African ethical-legal framework and its implications for adolescent HIV vaccine trials ...

  4. Criminal Policy Movements and Legal Education

    Directory of Open Access Journals (Sweden)

    Thula Rafaela de Oliveira Pires

    2016-10-01

    Full Text Available The article's intention is to make an analyse of the emerging criminal policy movements in Brazil, especially after the 1980 decade, and their influence on legal education. Based on empirical research in Law Course UNIFESO (Teresópolis- Rio de Janeiro, it is sought to identify the political and criminal discourses prevalent in positions of hegemonic power among the Law scholars. Beyond the necessity of interdisciplinary approach, it is defended a more radical critique of the knowledge production process, with the affiliation of decolonial perspective, fundamental for the deconstruction of punitive normalization standards adopted by the modern States, of colonial slave matrix.

  5. Mentally disordered criminal offenders: legal and criminological perspectives.

    Science.gov (United States)

    Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

    2009-01-01

    Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

  6. LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS

    Directory of Open Access Journals (Sweden)

    R. R. Kalinina

    2014-10-01

    Full Text Available Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal fields.Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, “Level of Subjective Control” methodology by E.F. Bazhin et al. and mathematical and statistical methods (descriptive, comparative, and cluster analyses.Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.

  7. Legal, ethical,and economic constraints

    International Nuclear Information System (INIS)

    Libassi, F.P.; Donaldson, L.F.

    1980-01-01

    This paper considers the legal, ethical, and economic constraints to developing a comprehensive knowledge of the biological effects of ionizing radiation. These constraints are not fixed and immutable; rather they are determined by the political process. Political issues cannot be evaded. The basic objective of developing a comprehensive knowledge about the biological effects of ionizing radiation exists as an objective not only because we wish to add to the store of human knowledge but also because we have important use for that knowledge. It will assist our decision-makers to make choices that affect us all. These choices require both hard factual information and application of political judgment. Research supplies some of the hard factual information and should be as free as possible from political influence in its execution. At the same time, the political choices that must be made influence the direction and nature of the research program as a whole. Similarly, the legal, ethical, and economic factors that constrain our ability to expand knowledge through research reflect a judgment by political agents that values other than expansion of knowledge should be recognized and given effect

  8. 29 CFR 780.616 - Operations included in raising livestock.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Operations included in raising livestock. 780.616 Section... Employment in Agriculture and Livestock Auction Operations Under the Section 13(b)(13) Exemption Requirements for Exemption § 780.616 Operations included in raising livestock. Raising livestock includes such...

  9. RAISED BOGS ON THE NORTH-EAST OF EUROPE

    Directory of Open Access Journals (Sweden)

    T. K. YURKOVSKAYA

    2004-01-01

    Full Text Available In the Northeastern Europe 2 types of raised bogs are distinguished: coastal (Southern White Sea raised hogs and continental (Pechora-Onega raised bogs. They have been compared as to their flora, prevailing syntaxa, characteristics of their complexes, structure of mire massifs and composition of peat deposits.

  10. 29 CFR 780.126 - Contract arrangements for raising poultry.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Contract arrangements for raising poultry. 780.126 Section... General Scope of Agriculture Raising of Livestock, Bees, Fur-Bearing Animals, Or Poultry § 780.126 Contract arrangements for raising poultry. Feed dealers and processors sometimes enter into contractual...

  11. Experiencing abortion rights in India through issues of autonomy and legality: A few controversies.

    Science.gov (United States)

    Patel, Tulsi

    2018-06-01

    Abortion laws in India, like other laws, are premised on the 1861 British Penal Code. The Medical Termination of Pregnancy Act was passed in 1971 to circumvent the criminality clause around abortion. Yet the law continues to render invisible women's right to choose. Legal procedures have often hindered in permitting abortion, resulting in the death of a mother or the foetus. Despite the latest techno-medical advances, the laws have remained stagnant or rather restrictive, complicated further by selective female foetus abortions. Legal resistance to abortion-seeking after 20 weeks gestation adversely affects women, depriving them of autonomy of choice. In this paper, raising important gender, health and ethical issues are illustrated through a recent legal case in India. Feminist campaigns against the legal mindset in India are emerging.

  12. Minors and social networks: legal questions

    Directory of Open Access Journals (Sweden)

    Francisca Ramón Fernández

    2015-04-01

    Full Text Available The participation in a company increasingly technological does that numerous questions appear on the protection of the most vulnerable subjects, between them the minors. The influence of the social networks like instrument of communication is not exempt from risks for the quantity of information that is facilitated and is shared. The lack of a specific regulation that he contemplates from the point of view of the Law which is the protection that a minor must have, does that there take place situations of abandonment of the rights of the same ones.The opportunity of regulation has been left to escape in the future law of protection of the infancy, nowadays in phase of preliminary design, since it does not refer to the social networks since it had been desirable. The current procedure as for minors, as well as those of protection of information, between others, do not turn out to be sufficient to contemplate all the situations of risk that can be given in the above mentioned area. In the present work we propose to think on minors and social networks raising some legal questions, and trying to contribute some response to the problematics that appears in the juridical area.

  13. Opposition to legal abortion: challenges and questions.

    Science.gov (United States)

    Kissling, F

    1993-01-01

    An analysis of the Roman Catholic Church's arguments against abortion rights suggests that its opposition is grounded more in outmoded views regarding women's roles than in concern for protecting fetal life. The 1st argument raised by Catholics and other anti-abortion forces is that abortion represents the unjustifiable destruction of a human life. A 2nd argument focuses on the status of the fetus as a person from the moment of conception, making abortion murder. A 3rd equates the fetus's potential for personhood with the pregnant woman's actual personhood. Despite the vehement sentiments expressed by Catholic leaders against abortion, the majority of Catholics support legal abortion. The assignment of personhood status to the fetus is contraindicated by actual practice in the Church, where aborted or miscarried products of early pregnancy are not baptized. Also, the Church does not forbid the taking of human life in war or to preserve political freedom. Finally, in countries such as Poland where abortion has been made illegal through religious pressure, there have been drastic cuts in health care and child care programs.

  14. Carbon Capture and Storage: legal issues

    Energy Technology Data Exchange (ETDEWEB)

    Mace, M.J.

    2006-10-15

    Carbon dioxide Capture and Storage (CCS) describes the process of capturing CO2 emissions from industrial and energy-related processes, compressing the gas to a liquid form, transporting it to a storage site (by pipeline, ship, truck or rail), and injecting it into a geological cavity – to isolate it from the atmosphere. CCS has been described as one option in the 'portfolio' of mitigation options - useful as a bridging technology to address the most prevalent greenhouse gases by volume in the short term, while economies make the shift from fossil fuels to low-carbon energy sources, including renewables. The IPCC has estimated that CCS has the potential to contribute 15-55% of the cumulative mitigation effort worldwide until 2100. However, for this to occur, the IPCC estimates that several hundreds or thousands of CO2 capture systems would need to be installed over the next century. Such a prospect raises a host of legal and regulatory issues and concerns. CCS activities will have to be undertaken in a manner consistent with the range of existing regulatory frameworks developed at the national level to address environmental and health and safety risks. But consistency with international law will also be essential where transboundary impacts are possible, transboundary transportation is involved, or offshore storage activities are contemplated.

  15. Legal incentives for minimizing waste

    International Nuclear Information System (INIS)

    Clearwater, S.W.; Scanlon, J.M.

    1991-01-01

    Waste minimization, or pollution prevention, has become an integral component of federal and state environmental regulation. Minimizing waste offers many economic and public relations benefits. In addition, waste minimization efforts can also dramatically reduce potential criminal requirements. This paper addresses the legal incentives for minimizing waste under current and proposed environmental laws and regulations

  16. Should Pediatric Euthanasia be Legalized?

    NARCIS (Netherlands)

    Brouwer, Marije; Kaczor, Christopher; Battin, Margaret P; Maeckelberghe, Els; Lantos, John D; Verhagen, Eduard

    Voluntary active euthanasia for adults at their explicit request has been legal in Belgium and the Netherlands since 2002. In those countries, acceptance of the practice for adults has been followed by acceptance of the practice for children. Opponents of euthanasia see this as a dangerous slippery

  17. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2018-01-01

    The focus of this paper is the question of legitimacy, and how can we consider legitimate an imposed constitution and the subsequent constitutional principles, practices and values that go hand-in-hand with the legal and political acculturation. Constitutional texts around the world are good...

  18. Learned Treatise and Legal Reform

    DEFF Research Database (Denmark)

    Münster-Swendsen, Mia

    2010-01-01

    of the royal court from the time of the reign of Cnut the Great to the author's present. In Danish as well as international scholarship this deceptively simple text has frequently been treated either as a ‘law code' or ‘law book' in itself or as a reflection of actual legal practice. Yet here I will contend...

  19. Legal Education in China Today.

    Science.gov (United States)

    Macdonald, R. St. J.

    1980-01-01

    Education in law, which was suspended during the 1976 Chinese Cultural Revolution, is now being steadily developed. Since 1978 the concept of law nihilism has been repudiated, juridical debate has expanded, publications and translated articles are appearing, and legal advisory offices have reappeared. (MSE)

  20. Legal Scholarship as a Vocation.

    Science.gov (United States)

    Luban, David

    2001-01-01

    Explores the more purely theoretical side of the legal scholar's vocation, using Max Weber's text on the scholar's role titled "Science as a Vocation." Discusses the consequences of the tension between law schools' generalist "pretensions" and increasingly specialist character, and Weber's fact/value distinction. (EV)

  1. PLEDGES OF A LEGAL ACADEMIC

    African Journals Online (AJOL)

    eliasn

    Tsegaye Regassa is currently a PhD Candidate at Melbourne University. Law School and can be reached at ... worthy commentator of our laws for our times, a defender of the civilization embodied in the laws of the ... As a legal academic, I note that I am part of the corps of intellectuals who, as society's paid thinkers, seek to ...

  2. Legal Aspects of Drug Abuse.

    Science.gov (United States)

    Sloat, Robert S.

    Discussed from a teacher's perspective are the legal and cultural ramifications of drug abuse. The importance of teachers' examining their own values concerning drug use is emphasized. Also reviewed are the history of drug use and of narcotics legislation. Recommendations concerning legislative reform are discussed. (CL)

  3. Citizen Access to Legal Information.

    Science.gov (United States)

    Andrus, Kay L.

    1987-01-01

    Describes activities by the American Bar Association and other groups aimed at educating the public about their legal rights and responsibilities, including informational pamphlets and brochures issued by state bar associations. These public service information pamphlets are listed by state and the address of each state's bar association is…

  4. Neuromarketing from a Legal Perspective

    Czech Academy of Sciences Publication Activity Database

    Krausová, Alžběta

    2017-01-01

    Roč. 7, č. 1 (2017), s. 40-49 ISSN 1805-8396 R&D Projects: GA ČR(CZ) GA16-26910S Institutional support: RVO:68378122 Keywords : biometric data * consumer protection * data protection Subject RIV: AG - Legal Sciences OBOR OECD: Law

  5. Colour revolutions: criminal-legal aspect

    Directory of Open Access Journals (Sweden)

    Sergey Alekseyevich Gordeychik

    2015-03-01

    Full Text Available Objective basing on the analysis of colour revolution technologies in different countries to formulate propositions for improving criminal legislation aimed at counteraction against this phenomenon. Methods general scientific induction deduction analysis synthesis and specific scientific formaljuridical and comparativelegal. Results using the results of colour revolutionsrsquo research carried out by political scientists the author evaluates the character and level of public danger of colour revolutions. The author states that the colour revolutions threaten the normal existence of the country or several countries. The conclusion is made that the colour revolutions must be counteracted by criminallegal means. The article states the absence of norms in the existing criminal legislation which would impose criminal liability on organizers incendiaries and participants of colour revolutions. It is proposed to supplement the existing criminal law with the norm stipulating the liability for such deeds and to insert this norm into Art. 34 ldquoCrimes against peace and security of humanityrdquo thus equating organization preparation and implementing colour revolutions with planning preparation launching and conducting an aggressive war Art. 353 of the Russian Criminal Code. Scientific novelty basing on the existing legal norms modern politological and juridical scientific literature a conclusion is made that the colour revolutions are based on the abuse of law. This allows the organizers of colour revolutions to legally prepare and implement the subversion of undesirable political regimes. The author formulates proposals for supplementing the criminal legislation. Practical value the materials and conclusions of the article can be used in lawmaking activity when elaborating the drafts of legal acts for changing and supplementing the Russian Criminal Code for research activity when preparing monographs and dissertations tutorials and articles when

  6. Raising the Bar for Microbiologists | IDRC - International ...

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

    2010-12-09

    Dec 9, 2010 ... We hope to create a new nurturing environment where research can flourish and ... out with diagnostics, determining the frequency and number of cases. ... Bridging the gap between farmers and supermarkets in Nicaragua.

  7. Weaponisation of Space - Some Legal Considerations

    Science.gov (United States)

    Jolly, C.

    2002-01-01

    This paper will examine a current national initiative from the United States of America to achieve greater national security through the `weaponisation' of extra-atmospheric space. We will propose a synthesis of the current international legal framework pertaining to military activities in space. Based on the analysis of the legal regime and on some current national and regional political initiatives, we will make some practical recommendations to prevent an arms race in space. Civil remote sensing, telecommunications, and launchers launch vehicle technologies have all benefited from a military heritage. They are dual use technologies, in other words, technologies that have both military and civilian applications. In fact, space has always been militarised, ever since the first satellites were put in orbit for reconnaissance missions. But recently, some national policies and technological advances are making the militarisation of space less `discrete'. Military assets from different countries are already stationed in orbit (e.g. reconnaissance and navigation satellites), but they might soon be joined by new `space weapons' with lethal strike capabilities. Currently, in the United States, military and civilian space activities are being closely intertwined. A typical example is the call of the NASA Administrator Sean O'Keefe, a former Secretary of the Navy, for closer cooperation on research and development between NASA and the Department of Defense. Concerning plans to station weapons in space, the American Air Force Space Command issued, in February 2000, its `Strategic Master Plan for FY02 and Beyond'. It states that the United States "...future Air Force Space Command capabilities will enable a fully integrated Aerospace Force to rapidly engage military forces worldwide. [...] Full spectrum dominance in the space medium will be achieved through total space situational awareness, protection of friendly space assets, prevention of unauthorized use of those assets

  8. The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

    Science.gov (United States)

    Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

    2016-12-01

    The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

  9. Islamic Law, Women’s Rights, and Popular Legal Consciousness in Malaysia

    OpenAIRE

    Tamir Moustafa

    2013-01-01

    Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as b...

  10. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    Energy Technology Data Exchange (ETDEWEB)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub [Chungnam National Univ., Taejon (Korea, Republic of)

    1998-03-15

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations.

  11. A study on the improvement of the legal system concerning Korean Atomic Energy Act

    International Nuclear Information System (INIS)

    Yoo, Il Un; Jung, Jong Hak; Kim, Jae Ho; Moon, Jong Wook; Kim, In Sub

    1998-03-01

    Cause-effect analysis, adjustment, and generalization of the current atomic energy act are contents of this research. These are to be based on the legal theory. Analysis of the current atomic energy act from the viewpoint of constitutional law and administrative law. Review of the other domestic legal systems which have similar problems as the atomic energy act has. Inquiry about the operation of nuclear legal systems of foreign nations

  12. Clinical trials using a radiopharmaceutical investigational drug: What legal environment and what authorizations required?

    International Nuclear Information System (INIS)

    El-Deeb, G.; Nguon, B.; Tibi, A.; Rizzo-Padoin, N.

    2009-01-01

    Recent revision of the legal environment for clinical research in France provided an opportunity to review what a hospital needs to carry out clinical trials using a radiopharmaceutical investigational drug. Legal measures concerning radiopharmaceutical investigational drugs are indeed more complex than those of classical clinical trials because of the additional legal provisions governing the use of ionizing radiation. Thus, requirements by the concerned staff (sponsor, pharmacist, person in charge of the nuclear activity) are described here. (authors) [fr

  13. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  14. Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

    OpenAIRE

    Caroline Lydia Hart

    2012-01-01

    Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

  15. #MeToo? Legal Discourse and Everyday Responses to Sexual Violence

    Directory of Open Access Journals (Sweden)

    Alison Gash

    2018-05-01

    Full Text Available Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.

  16. Research

    African Journals Online (AJOL)

    abp

    2015-10-28

    Oct 28, 2015 ... this environment the policy and implementation strategy should strengthen linkages in core systems, create a foundation for investment, ensure legal certainty and create a strong eHealth enabling .... sections of the health sector and active participation of the general public in the policy formulation process.

  17. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  18. Raising household saving: does financial education work?

    Science.gov (United States)

    Gale, William G; Harris, Benjamin H; Levine, Ruth

    2012-01-01

    This article highlights the prevalence and economic outcomes of financial illiteracy among American households, and reviews previous research that examines how improving financial literacy affects household saving. Analysis of the research literature suggests that previous financial literacy efforts have yielded mixed results. Evidence suggests that interventions provided for employees in the workplace have helped increase household saving, but estimates of the magnitude of the impact vary widely. For financial education initiatives targeted to other groups, the evidence is much more ambiguous, suggesting a need for more econometrically rigorous evaluations.

  19. [Communication in health care - legal aspects].

    Science.gov (United States)

    Mina, András

    2016-04-24

    This paper is focusing on the legal aspects of communication in health care, especially on doctor-patient relationship, responsibility for information, communication of adverse events, and legal declarations.

  20. Legal technique: approaches to section on types

    Directory of Open Access Journals (Sweden)

    І. Д. Шутак

    2015-11-01

    Full Text Available Legal technique is a branch of knowledge about the rules of doing legal work and creating in the process a variety of legal documents, which had previously been part of the theory of law. In modern conditions of the legal technique are isolated in a separate branch of legal science, focused on solving practical problems. The purpose of this article is to analyze the types of legal techniques, in particular, on the basis of theoretical propositions about legal technique to allocate substantial characteristics and types of legal technique. O. Malko and M. Matuzov consider legal technique as a set of rules, techniques, methods of preparation, creation, registration of legal documents, their classification and accounting for their excellence, efficient use. A similar meaning is investing in this concept Alekseev, determining that the legal technique is a set of tools and techniques used in accordance with accepted rules in the formulation and systematization of legal acts to ensure their perfection. So, legal technique – theoretical and applied legal science, which studies the regularities of rational legal practice in the creation, interpretation and implementation of law. In relation to the type of legal techniques in the literature proposed different classifications. For example, G. Muromtsev technique, which is used only in the field of law, divide on the technique of law-making (legislative technique, technique of law enforcement, interpretation, technique of judicial speech, interrogation, notarial activities. V. Kartashov shared legal technique on law making and enforcement (prorealtime, interpretive yourself and prevacidrebatezw, judicial or investigative, prosecutorial, and the like. Some authors clearly indicate that the criterion by which to distinguish types of legal techniques. So, S. Alekseev notes that legal technique is classified from the point of view of the legal nature of the act made on: a techniques of legal acts; b the

  1. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-11-01

    Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

  2. Legal considerations for urban underground space development in Malaysia

    Directory of Open Access Journals (Sweden)

    F. Zaini

    2017-12-01

    Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

  3. Formation of ecological and legal science: resource aspect and its integration problems

    Directory of Open Access Journals (Sweden)

    А. П. Гетьман

    2016-04-01

    Full Text Available Problem setting. Social and environmental issues of waste management facing society relatively recently, but showed a tendency to expand and deepen, which in turn caused the necessity of formation of effective policy in this area. Recent research and publications analysis. Some aspects of the present stage of the formation of environmental law and its relationship to nature and resources law, structural and systemic connections was studied by various researchers in the context of environmental policy and legislation analysis, regulation of wildlife relationships, expanding the scope of regulation of resource. In particular, they can mark out V. Andreytsev, A. Getman, M. Krasnova, N. Malisheva and others. However, comprehensive studies of this policy is currently not available. Paper objective. The purpose of the article is a theoretical analysis of the current state of environmental law, the formation of the next stage of development of natural resource relationships, their expansion and transformation into a resource (ecologic and resource in order to adequately respond to the differentiation and complexity of structural and systemic linkages. Paper main body. The development and dynamics of the environmental, natural resources legislation is largely driven by global and European processes and requires constant updating in order to overcome gaps, timely and adequate response to contemporary challenges, changes in value paradigms and so forth. One of these problems is the development of traditional branches of law and directions research that, in turn, raises the question of substantive content, structural and systemic links of these areas of law. Any delay in the establishment of the theoretical and methodological and scientific and legal framework for a new legal phenomena in the framework of ecological and legal science creates the preconditions for the expansion of research not only to them but also in relation to the already well

  4. Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

    Science.gov (United States)

    Trinkner, Rick; Cohn, Ellen S

    2014-12-01

    Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  5. Raising the Bar on Faculty Productivity: Realigning Performance Standards to Enhance Quality Trajectories

    Science.gov (United States)

    Hardré, Patricia L.

    2014-01-01

    Many universities have observed needs and shared goals that include increasing faculty members' research productivity (in quantity or quality). Strategies for raising faculty performance include revising standards and supporting valued outcomes with rewards and incentives. One college at a research-extensive university received institutional…

  6. Abortion Legalization and Adolescent Substance Use

    OpenAIRE

    Charles, Kerwin Kofi; Stephens, Melvin, Jr

    2006-01-01

    We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

  7. Marketing legal services on the Internet

    OpenAIRE

    Alicja Mikołajczyk

    2014-01-01

    This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

  8. CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

    OpenAIRE

    Claudiu Ramon D. Butculescu

    2015-01-01

    This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On th...

  9. Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

    International Nuclear Information System (INIS)

    Belokrylova, Ekaterina A

    2013-01-01

    Nowadays one of the principal innovative spheres in Russia is considered to be a rapid development of nanotechnology and nanomaterials and implementation its products into almost all fields of social and industrial life. Nevertheless, despite the pointed advantages an appearance of nano products has set not only a positive example of the scientific progress development and dynamics, but also a potential threat of possible risks for the environment and people's health in the case of its massive use when there is a lack of research about its impacts. In Russian Federation the problem of nanosafety regulation is extremely actual. A number of international documents have noted a lack of legal regulation in the sphere of nanotechnologies in Russian Federation. Thus, according to the strategic EU program, it's mentioned that in 2009 on an annual meeting of OECD Tour de Table Meeting in Paris (November, 2007) Russia took responsibility to develop a long term program of nanoindustry development by 2015 (Nanotechnology Action Plan for Russia-2015). The key role should be dedicated to the nanosafety aspects and potential risk assessment of nanomaterials for environment and humans' health. Unfortunately, until now Russia did not provide this document for discussion at the international level by the partners of nanoconsortcium. Indeed, from 2007 until nowadays in Russian Federation there are no a single federal act of legislation (federal'nyi zakon), establishing the state foundations of regulation of nanosafety. The only one Federeal Legal Act in the described sphere is the Federalniy Zakon from 19 July 2007 A bout the Russian corporation of nanotechnologies , which has established the principles of organization, activites, functions and termination of Rosnanotech. However, there are no articles dedicated to the environmental safety provision in regards of nano products applications. Also there is no complex federal act consolidating legal status of action in the field of

  10. Legal issues of the environmental safety regulation in the sphere of nanotechnology in Russian Federation

    Science.gov (United States)

    Belokrylova, Ekaterina A.

    2013-04-01

    Nowadays one of the principal innovative spheres in Russia is considered to be a rapid development of nanotechnology and nanomaterials and implementation its products into almost all fields of social and industrial life. Nevertheless, despite the pointed advantages an appearance of nano products has set not only a positive example of the scientific progress development and dynamics, but also a potential threat of possible risks for the environment and people's health in the case of its massive use when there is a lack of research about its impacts. In Russian Federation the problem of nanosafety regulation is extremely actual. A number of international documents have noted a lack of legal regulation in the sphere of nanotechnologies in Russian Federation. Thus, according to the strategic EU program, it's mentioned that in 2009 on an annual meeting of OECD Tour de Table Meeting in Paris (November, 2007) Russia took responsibility to develop a long term program of nanoindustry development by 2015 (Nanotechnology Action Plan for Russia-2015). The key role should be dedicated to the nanosafety aspects and potential risk assessment of nanomaterials for environment and humans' health. Unfortunately, until now Russia did not provide this document for discussion at the international level by the partners of nanoconsortcium. Indeed, from 2007 until nowadays in Russian Federation there are no a single federal act of legislation (federal'nyi zakon), establishing the state foundations of regulation of nanosafety. The only one Federeal Legal Act in the described sphere is the Federalniy Zakon from 19 July 2007 "About the Russian corporation of nanotechnologies", which has established the principles of organization, activites, functions and termination of Rosnanotech. However, there are no articles dedicated to the environmental safety provision in regards of nano products applications. Also there is no complex federal act consolidating legal status of action in the field of

  11. Legal assessment of current situation on orphan patients in Lithuania.

    Science.gov (United States)

    Spokiene, Indre

    2008-01-01

    After Lithuania joined the European Union, the Regulation (EC) No. 141/2000 on orphan medicinal products and Commission Regulation (EC) No. 847/2000 came into force as part of national legislation. Member States must adopt specific measures to increase knowledge on rare diseases and to improve their detection, diagnosis, and treatment. The aim of this article was to present and to assess the current legal situation on orphan patients and their treatment in Lithuania, to identify legislation gaps, and to propose some ideas how to facilitate the solution of the existing problems in this field. For this purpose, European Union and Lithuanian legal documents on rare medicinal products are examined using a comparative method. With reference to inventory of Member States' incentives for rare diseases in national level, the most important issues, which orphan patients face to in Lithuania, are singled out. In Lithuania, the situation of orphan patients in terms of protection of patient rights is insufficiently determined. The access to effective health care services or approved therapies in some cases is restricted. Working relationships between genetic services and various clinical specialists as well as with those in primary care are not legally determined; the number of clinical trials aimed at orphan medicinal products is low. These results suggest a need for awareness raising among Lithuanian Government, health care specialists, patient organizations about the importance to improve practical implementation of European Union legislation and progressive experience of some European countries in this field.

  12. Severe neurological impairment: legal aspects of decisions to reduce care.

    Science.gov (United States)

    Beresford, H R

    1984-05-01

    Decisions to reduce care for patients with severe neurological impairment may raise legal questions. The laws of most states now authorize physicians to stop care for those who have suffered irreversible cessation of all functions of the brain ("brain death"). Where state law is not explicit, it is nevertheless probably lawful to regard brain death as death for legal purposes so long as currently accepted criteria are satisfied. Several courts have ruled that it is lawful to reduce care for patients in vegetative states, but have prescribed differing standards and procedures for implementing such decisions. The issue of whether parents can authorize physicians to reduce care for neurologically impaired children is the focus of current litigation. Implicit in this litigation is the question of how severe neurological impairment must be before parents and physicians may lawfully agree to reduce care. For severely impaired but not vegetative adults, there is some legal authority to justify certain decisions to reduce care. The issue of whether withholding feeding from a severely demented patient with life-threatening medical problems constitutes criminal behavior is now being considered by a state supreme court.

  13. Medicine beyond borders: the legal and ethical challenges.

    Science.gov (United States)

    Kassim, Puteri Nemie J

    2009-09-01

    The ease and affordability of international travel has contributed to the rapid growth of the healthcare industry where people from all around the world are traveling to other countries to obtain medical, dental, and surgical care while at the same time touring, vacationing and fully experiencing the attractions of the countries that they are visiting. A combination of many factors has led to the recent increase in popularity of medical tourism such as exorbitant costs of healthcare in industrialized nations, favorable currency exchange rates in the global economy, rapidly improving technology in many countries of the world and most importantly proven safety of healthcare in selected foreign nations. Nevertheless, the development of medical tourism has certainly awakened many ethical and legal issues, which must be addressed. Issues pertaining to malpractice, consumer protection, organ trafficking, alternative medicine and telemedicine need comprehensive legal regulatory framework to govern them. Ethical issues are also been raised by the promotion of medical tourism in particular those pertaining to doctor and patient relationship. A future, where medical law is subsumed into various legal and ethical dimensions, poses serious challenges for the practice and ethics of medicine.

  14. The legal status of nuclear power in Germany

    International Nuclear Information System (INIS)

    Mann, Thomas

    2014-01-01

    Over the past 15 years, political attitudes in Germany towards the nuclear industry have been characterised less by consistency than by some major policy shifts, and the same can be said for the legislation born of these attitudes. Although a number of these about-turns were predictable, others were less so because of their dependence on external factors. What now looks likely to be the final decision to phase out the civil use of nuclear power in Germany by 31 December 2022 raises a whole host of legal questions. In particular, the procedure followed to implement this phase-out provides ample material for debates on questions of constitutionality. Further matters of jurisprudential interest include the agreements concluded with the nuclear industry before the final phase-out decision was taken and the chronologically close political about-faces themselves. Finally, a degree of legal uncertainty still surrounds not only the as yet still unresolved issue of final repositories but also the resurgent debate over the source of funding for the dismantling of nuclear power plants. After providing an overview of the initial situation and the problems arising in connection with Germany's phasing out of the civil use of nuclear energy, this paper will place these issues in their proper legal context before evaluating them and highlighting the connection between these points of nuclear law and the current upheaval in German energy policy. (author)

  15. Organizational Factors Affecting Legalization in Education.

    Science.gov (United States)

    Meyer, John W.

    Legalization here refers to the introduction into the educational system of new legal rules, emanating from outside the routine channels of educational management. It includes general legal rules from legislation, from the courts, or from higher administrative levels. The key to the definition is lack of integration of the new rules with the main…

  16. The interface of legal and esthetic considerations

    Science.gov (United States)

    Richard C. Smardon

    1979-01-01

    This paper is an overview of development of legal/policy factors affecting visual resource management. Review of major legal issues, court cases, laws and administrative decisionmaking reveals that the "action" regarding legal and aesthetic issues is currently in the public arena as managed by administrative agencies. Analysis of key court cases reveals that...

  17. Terrorism as a Social and Legal Phenomenon

    Science.gov (United States)

    Serebrennikova, Anna; Mashkova, Yekaterina

    2017-01-01

    This article examines the concept of terrorism as a social and legal phenomenon, its international legal and criminal-legal characteristics. Highlighted are the main aspects of cooperation of the states and the international community to counter terrorist activities. Terrorism as a social phenomenon is determined by paragraph 1 of article 3 of the…

  18. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  19. Morocco : Legal and Judicial Sector Assessment

    OpenAIRE

    World Bank

    2003-01-01

    The overall legal framework in Morocco is not a priority area for reform. The law-making process, however, is weak, resulting in poorly drafted laws, and legal dissemination is inadequate. Legal education relies upon outdated curricula and is offered in competing languages, French and Arabic, the selection of which largely determines students' choices for future employment. The training of...

  20. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2013-01-01

    To address agility in public administration, we have developed a knowledge acquisition infrastructure for legal knowledge, based on an implementation-oriented conceptualization of the legal system. Our objective is to reframe legal knowledge as a knowledge source in a design-oriented task ontology,

  1. 18 CFR 3b.5 - Legal guardians.

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Legal guardians. 3b.5... INFORMATION General § 3b.5 Legal guardians. For the purposes of this part, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental...

  2. Drug product selection: legal issues.

    Science.gov (United States)

    Christensen, T P; Kirking, D M; Ascione, F J; Welage, L S; Gaither, C A

    2001-01-01

    To review the potential legal liability of the pharmacist in the drug product selection process. Published articles identified through MEDLINE, published law reviews identified through InfoTrac, and appellate court decisions. Search terms used included pharmacist liability, drug product selection, and generic substitution. Additional articles, books, and appellate court decisions were identified from the bibliographies of retrieved articles and citations in appellate court decisions. Pharmacists engaging in drug product selection are civilly liable under three legal theories: negligence, express or implied warranties, and strict product liability. Potential criminal liability includes prosecution for insurance fraud, deceptive business practices, and violation of state drug product selection laws and regulation. Pharmacists increase their liability when engaging in drug product selection, but the increase is small. Still, the law continues to evolve as pharmacists seek expanded roles and responsibilities. When courts give closer examination to pharmacists' expanded role, it is likely that pharmacists' liability will increase.

  3. Mediation in Legal English Teaching

    Directory of Open Access Journals (Sweden)

    Chovancová Barbora

    2016-06-01

    Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

  4. Against a Systemic Legal History

    Directory of Open Access Journals (Sweden)

    Simon Roberts

    2002-01-01

    Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

  5. Chernobyl and no legal consequences

    International Nuclear Information System (INIS)

    Sterzel, D.

    1987-01-01

    The author is doubtful about the judgement of the Superior Administrative Court Lueneburg of October 28, 1986 relating to the nuclear power plant of Brokdorf. Fundamental rights of citizens who live in the vicinity of a nuclear power plant are not guaranteed. The protection of life according to article 2 of the German Constitution should have priority over legal protection of atomic power plants pursuant to art. 14 of the Constitution. (CW) [de

  6. Surrogacy: Ethical and Legal Issues

    Directory of Open Access Journals (Sweden)

    Pikee Saxena

    2012-01-01

    Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  7. Surrogacy: Ethical and Legal Issues

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-01-01

    Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

  8. Surrogacy: ethical and legal issues.

    Science.gov (United States)

    Saxena, Pikee; Mishra, Archana; Malik, Sonia

    2012-10-01

    Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

  9. Laboratory specimens and genetic privacy: evolution of legal theory.

    Science.gov (United States)

    Lewis, Michelle Huckaby

    2013-03-01

    Although laboratory specimens are an important resource for biomedical research, controversy has arisen when research has been conducted without the knowledge or consent of the individuals who were the source of the specimens. This paper summarizes the most important litigation regarding the research use of laboratory specimens and traces the evolution of legal theory from property claims to claims related to genetic privacy interests. © 2013 American Society of Law, Medicine & Ethics, Inc.

  10. The meaning of a legal category of “sanction”

    Directory of Open Access Journals (Sweden)

    Al’bina Sergeyevna Panova

    2015-06-01

    Full Text Available Objective to study the legal category of sanction. Methods dialectical systematic and logical methods of analysis synthesis. Results the study of the legal category of quotsanctionquot has shown that a sanction can be applied on a regulatory or contractual basis if stipulated by a civil agreement and as the measures of liability and protection. One of the promising directions of its use is the motivating one ndash sanctions can provide the legal consequences favorable for those who observe the behavior stipulated by the law. The following is offered as the direction of development of domestic legislation on sanctions verification of compliance of the sanctions amount and terms with the offences gravity introduction of previously nonexistent sanctions for example speculation on food and currency markets the use of discretionary sanctions as a means of positive legal stimulation of the economy. Scientific novelty the conclusion is made about the nature of the sanctions it is proved that the sanction is a legal means the use of which enables the victim to protect their violated challenged rights provided for by the legislation and or the agreement and implies adverse consequences of property and or organizational nature for the offender. The sanctions application has its own peculiarities. Their use is aimed at curbing the illegal actions of the offender debtor to stimulate them to the proper performance of statutory or contractual duties often sanctions are aimed at compensating for damage caused to the creditor. A peculiar feature of the sanctions is that they are a necessary component of the legal system. Practical value the results obtained can be used to conduct economic and legal research relating to the economics and entrepreneurship in treaty practice in teaching the disciplines of Civil Law Business Law Commercial Law etc. nbsp

  11. Legal, administrative and financial aspects of long term management of radioactive waste

    International Nuclear Information System (INIS)

    Strohl, Pierre.

    1978-01-01

    Radioactive waste management raises technical, political and legal problems. The technical question covers mainly choice of the method and the location for waste disposal or storage: seabed, geologic formations or a disposal facility. The political problem is mainly acceptability by the public of decisions taken or planned by the competent authority. Finally, the legal frame is an important factor in the definition of long-term control. The institutional system to be created requires political consensus and an efficient and credible technique so as to be successful. (NEA) [fr

  12. Complementary and alternative medicine in child and adolescent psychiatry: legal considerations.

    Science.gov (United States)

    Cohen, Michael H; Natbony, Suzanne R; Abbott, Ryan B

    2013-07-01

    The rising popularity of complementary and alternative medicine (CAM) in child and adolescent psychiatry raises unique ethical and legal concerns for psychiatrists and other conventional health care providers. This article explores these concerns and provides clinical advice for promoting patient health and safety while minimizing the psychiatrist's risk. Although any departure from the conventional standard of care is a potential risk, the risk of malpractice liability for practicing integrative medicine in child and adolescent psychiatry is low. CAM is most safely recommended from a legal standpoint when there is some published evidence of safety and efficacy. Copyright © 2013 Elsevier Inc. All rights reserved.

  13. Criminal-legal prohibitions in the soviet juridical discourse

    Directory of Open Access Journals (Sweden)

    Andrey V. Skorobogatov

    2014-01-01

    Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

  14. Anti-corruption policy in the system of legal measures

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Filonenko

    2015-09-01

    Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

  15. 生命法学视野下的代孕法律行为研究%Research on the Legal Act of Surrogacy from the View of Life Jurisprudence

    Institute of Scientific and Technical Information of China (English)

    高艳莉

    2016-01-01

    Infertility patients have the real need of having children, and the people who use surrogacy exist objectively, but the corresponding laws and regulations are not perfect, which caused a series of disputes consequently. So it is urgent to define surrogacy accurately in China based on practicality, comb and analyze carefully the legal issues concerned with surrogacy, perfect the relevant laws and regulations, provide a solid guarantee for the legitimate rights and interests of surrogate motherhood and surrogate clients and make clear the legal requirements of surrogate implementation to effectively control the abuse of surrogacy.%不孕不育患者有生育子女的现实需要,使用代孕方式的人群是客观存在着的,而相应的法律规定尚不健全,由此便产生一系列纠纷. 鉴此,我国当务之急应是立足实际,准确界定"代孕"含义,对代孕所涉及的法律问题进行梳理和深入的分析,完善相关法律法规,在为代孕者及代孕委托方合法权益提供切实保障的同时,明确代孕实施法律要件,以有效控制代孕滥用现象.

  16. What is legal medicine--are legal and forensic medicine the same?

    Science.gov (United States)

    Beran, Roy G

    2010-04-01

    Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

  17. LEGAL

    African Journals Online (AJOL)

    Manufacturers' Association (PMA) and most of its members took government to court. ... Since 2 May 2004, it has been unlawful to supply medicines. 'according ... This article focuses on some of the key issues that are of ... chain for some time.

  18. Raising with long boreholes in Uranium Mines, Hamr

    International Nuclear Information System (INIS)

    Kubista, A.; Svoboda, M.; Mohyla, Z.

    1984-01-01

    The technology is described of raising with long boreholes which was used in uranium mines for breaking 15 raises to the end of 1983. Also described is the method of computing the needed charge. The described technology has the following advantages as compared with usual driving methods: 1. it secures greater work safety, 2. it allows driving atypical profiles, 3. smooth breaking secures good stability and longer life of raises, 4. allows higher productivity, 5. reduces capital costs. (Ha)

  19. The Socio-Legal Analysis Of Sexual Harassment And Kindred ...

    African Journals Online (AJOL)

    The Socio-Legal Analysis Of Sexual Harassment And Kindred Offences. Adeniyi Olatunbosun. Full Text: EMAIL FULL TEXT EMAIL FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · http://dx.doi.org/10.4314/ifep.v12i1.23512 · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for ...

  20. Social Mechanisms in Elaborating Russian Educational Policy: Legal Monitoring

    Science.gov (United States)

    Gostev, Aleksandr N.; Turko, Tamara I.; Shchepanskiy, Sergey B.

    2016-01-01

    The article presents the results of legal monitoring and those of a sociological research on the efficiency of social mechanisms in Russian Federation education policy. The data obtained substantiates: the need for systematic improvement of Russian legislation in the education sector; revised notions and content of social mechanisms in Russian…